Town and Country Planning Act 1968

• Citation: 1968 c. 72
• Sections: 277

Section 1 Survey of planning areas.

(1) It shall be the duty of the local planning authority to institute a survey of their area, in so far as they have not already done so, examining the matters which may be expected to affect the development of that area or the planning of its development and in any event to keep all such matters under review.

(2) Notwithstanding that the local planning authority have carried out their duty under subsection (1) above, the authority may, if they think fit, and shall, if directed to do so by the Minister, institute a fresh survey of their area examining the matters mentioned in that subsection.

(3) Without prejudice to the generality of the foregoing provisions of this section, the matters to be examined and kept under review thereunder shall include the following, that is to say:—

(a) the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas;

(b) the size, composition and distribution of the population of that area (whether resident or otherwise);

(c) without prejudice to paragraph (a) above, the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas ;

(d) any considerations not mentioned in any of the foregoing paragraphs which may be expected to affect any matters so mentioned;

(e) such other matters as may be prescribed or as the Minister may in a particular case direct;

(f) any changes already projected in any of the matters mentioned in any of the foregoing paragraphs and the effect which those changes are likely to have on the development of that area or the planning of such development.

(4) A local planning authority shall, for the purpose of discharging their functions under this section of examining and keeping under review any matters relating to the area of another such authority, consult with (that other authority about those matters.

(5) Subsection (1) above shall, as respects any period during which this section is in operation in part only of the area of a local planning authority, be construed as requiring a local planning authority to institute a survey of that part of that area and to keep under review matters affecting only that part of that area; and subsection (2) above shall, whether or not this section is in operation in the whole of such an area, have effect as if the power thereby conferred included power for a local planning authority to institute, and for the Minister to direct them to institute, a fresh survey of part only of their area; and references in subsection (3) above to the area of a local planning authority or any neighbouring areas shall be construed accordingly.

Section 2 Preparation of structure plans.

(1) The local planning authority shall, within such period from the commencement of this section within their area as the Minister may direct, prepare and send the Minister a report of their survey under section 1 above and at the same time prepare and submit to him for his approval a structure plan for their area complying with the provisions of subsection (3) below.

(2) The said report shall include an estimate of any changes likely to occur during such period as the Minister may direct in the matters mentioned in section 1(3) above; and different periods may be specified by any such direction in relation to different matters.

(3) The structure plan for any area shall be a written statement—

(a) formulating the local planning authority's policy and general proposals in respect of the development and other use of land in that area (including measures for the improvement of the physical environment and the management of traffic);

(b) stating the relationship of those proposals to general proposals for the development and other use of land in neighbouring areas which may be expected to affect that area; and

(c) containing such other matters as may be prescribed or as the Minister may in any particular case direct.

(4) In formulating their policy and general proposals under subsection (3)(a) above, the local planning authority shall secure that the policy and proposals are justified by the results of their survey under section 1 above and by any other information which they may obtain and shall have regard

(a) to current policies with respect to the economic planning and development of the region as a whole ;

(b) to the resources likely to be available for the carrying out of the proposals of the structure plan ; and

(c) to such other matters as the Minister may direct them to take into account.

(5) A local planning authority's general proposals under this section with respect to land in their area shall indicate any part of that area (in this Act referred to as an " action area ") which they have selected for the commencement during a prescribed period of comprehensive treatment, in accordance with a local plan prepared for the selected area as a whole, by development, redevelopment or improvement of the whole or part of the area selected, or partly by one and partly by another method, and the nature of the treatment selected.

(6) A structure plan for any area shall contain or be accompanied by such diagrams, illustrations and descriptive matter as the local planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed, or as may in any particular case be specified in directions given by the Minister ; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

(7) At any time before the Minister has under section 4 below approved a structure plan with respect to the whole of the area of a local planning authority, the authority may with his consent, and shall, if so directed by him, prepare and submit to him for his approval a structure plan relating to part of that area; and where the Minister has given a consent or direction for the preparation of a structure plan for part of such an area, references in this Part of this Act to such an area shall, in relation to a structure plan, be construed as including references to part of that area.

Section 3 Publicity in connection with preparation of structure plan.

(1) When preparing a structure plan for their area and before finally determining its content for submission to the Minister, the local planning authority shall take such steps as will in their opinion secure—

(a) that adequate publicity is given in their area to the report of the survey under section 1 above and to the matters which they propose to include in the plan;

(b) that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

(c) that such persons are given an adequate opportunity of making such representations;

and the authority shall consider any representations made to them within the prescribed period.

(2) Not later than the submission of a structure plan to the Minister, the local planning authority shall make copies of the plan as submitted to the Minister available for inspection at their office and at such other places as may be prescribed; and each copy shall be accompanied by a statement of the time within which objections to the plan may be made to the Minister.

(3) A structure plan submitted by the local planning authority to the Minister for his approval shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a) of the steps which the authority have taken to comply with subsection (1) above ; and

(b) of the authority's consultations with, and consideration of the views of, other persons with respect to those matters.

(4) If after considering the statement submitted with, and the matters included in, the structure plan and any other information provided by the local planning authority, the Minister is satisfied that the purposes of paragraphs (a) to (c) of subsection (1) above have been adequately achieved by the steps taken by the authority in compliance with that subsection, he shall proceed to consider whether to approve the structure plan; and if he is not so satisfied, he shall return the plan to the authority and direct them—

(a) to take such further action as he may specify in order better to achieve those purposes ; and

(b) after doing so, to resubmit the plan with such modifications, if any, as they then consider appropriate and, if so required by the direction, to do so within a specified period.

(5) Where the Minister returns the structure plan to the local planning authority under subsection (4) above, he shall inform the authority of his reasons for doing so and, if any person has made to him an objection to the plan, shall also inform that person that he has returned the plan.

(6) A local planning authority who are given directions by the Minister under subsection (4) above shall forthwith withdraw the copies of the plan made available for inspection as required by subsection (2) above.

(7) Subsections (2) to (6) of this section shall apply, with the necessary modifications, in relation to a structure plan resubmitted to the Minister in accordance with directions given by him under subsection (4) as they apply in relation to the plan as originally submitted.

Section 4 Approval or rejection of structure plan by Minister.

(1) The Minister may, after considering a structure plan submitted (or resubmitted) to him, either approve it (in whole or in part and with or without modifications or reservations) or reject it.

(2) In considering any such plan the Minister may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him.

(3) Where on taking any such plan into consideration the Minister does not determine then to reject it, he shall, before determining whether or not to approve it,—

(a) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act;

(b) afford to any persons whose objections so made are not withdrawn an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and

(c) if a local inquiry or other hearing is held, also afford the like opportunity to the local planning authority and such other persons as he thinks fit.

(4) Without prejudice to subsection (3) above, on considering a structure plan the Minister may consult with, or consider the views of, any local planning authority or other persons, but shall not be under an obligation to consult with, or consider the views of, any other authority or persons or, except as provided by that subsection, to afford an opportunity for the making of any objections or other representations, or to cause any local inquiry or other hearing to be held.

Section 5 Alteration of structure plans.

(1) At any time after the approval of a structure plan for their area a local planning authority may submit to the Minister and shall, if so directed by the Minister, submit to him within a period specified in the direction, proposals for such alterations to that plan as appear to them to be expedient or as the Minister may direct, as the case may be, and any such proposals may relate to the whole or to part of that area.

(2) The local planning authority shall send with the proposals submitted by them under this section a report of the results of their review of the relevant matters under section 1 above together with any other information on which the proposals are based, and sections 3 and 4 above shall apply, with any necessary modifications, in relation to the proposals as they apply in relation to a structure plan.

Section 6 Preparation of local plans.

(1) A local planning authority who are in course of preparing a structure plan for their area, or have prepared for their area a structure plan which has not been approved or rejected by the Minister, may, if they think it desirable, prepare a local plan for any part of that area.

(2) Where a structure plan for their area has been approved by the Minister, the local planning authority shall as soon as practicable consider, and thereafter keep under review, the desirability of preparing and, if they consider it desirable and they have not already done so, shall prepare a local plan for any part of the area.

(3) A local plan shall consist of a map and a written statement and shall—

(a) formulate in such detail as the authority think appropriate the authority's proposals for the development and other use of land in that part of their area or for any description of development or other use of such land (including in either case such measures as the authority think fit for the improvement of the physical environment and the management of traffic); and

(b) contain such matters as may be prescribed or as the Minister may in any particular case direct.

(4) Different local plans may be prepared for different purposes for the same part of any area.

(5) A local plan for any area shall contain, or be accompanied by, such diagrams, illustrations and descriptive matter as the local planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed, or as may in any particular case be specified in directions given by the Minister ; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

(6) Where an area is indicated as an action area in a structure plan which has been approved by the Minister, the local planning authority shall (if they have not already done so), as soon as practicable after the approval of the plan, prepare a local plan for that area.

(7) Without prejudice to the foregoing provisions of this section, the local planning authority shall, if the Minister gives them a direction in that behalf with respect to a part of an area for which a structure plan has been, or is in course of being, prepared, as soon as practicable prepare for that part a local plan of such nature as may be specified in the direction.

(8) Directions under subsection (7) above may be given by the Minister either before or after he approves the structure plan; but no such directions shall require a local planning authority to take any steps to comply therewith until the structure plan has been approved by him.

(9) In formulating their proposals in a local plan the local planning authority shall secure that the proposals conform generally to the structure plan as it stands for the time being (whether or not it has been approved by the Minister) and shall have regard to any information and any other considerations which appear to them to be relevant, or which may be prescribed, or which the Minister may in any particular case direct them to take into account.

(10) Before giving a direction under the foregoing provisions of this section to a local planning authority, the Minister shall consult the authority with respect to the proposed direction.

(11) Where a local planning authority are required by this section to prepare a local plan, they shall take steps for the adoption of the plan.

Section 7 Publicity in connection with preparation of local plans.

(1) A local planning authority who propose to prepare a local plan shall take such steps as will in their opinion secure—

(a) that adequate publicity is given in their area to any relevant matter arising out of a survey of the area carried out by them under section 1 of this Act and to the matters proposed to be included in the plan;

(b) that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so ; and

(c) that such persons are given an adequate opportunity of making such representations;

and the authority shall consider any representations made to them within the prescribed period.

(2) When the local planning authority have prepared a local plan, they shall, before adopting it or submitting it for approval under section 9(4) of this Act (but not before the Minister has approved the structure plan so far as it applies to the area of that local plan), make copies of the local plan available for inspection at their office and at such other places as may be prescribed and send a copy to the Minister; and each copy made available for inspection shall be accompanied by a statement of the time within which objections to the local plan may be made to the authority.

(3) A copy of a local plan sent to the Minister under subsection (2) above shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a) of the steps which the authority have taken to comply with subsection (1) above ; and

(b) of the authority's consultations with, and their consideration of the views of, other persons.

(4) If, on considering the statement submitted with, and the matters included in, the local plan and any other information provided by the local planning authority, the Minister is not satisfied that the purposes of paragraphs (a) to (c) of subsection (1) above have been adequately achieved by the steps taken by the authority in compliance with that subsection, he may, within twenty-one days, of the receipt of the statement, direct the authority not to take any further steps for the adoption of the plan without taking such further action as he may specify in order better to achieve those purposes and satisfying him that they have done so.

(5) A local planning authority who are given directions by the Minister under subsection (4) above shall—

(a) forthwith withdraw the copies of the local plan made available for inspection as required by subsection (2) above, and

(b) notify any person by whom objections to the local plan have been made to the authority that the Minister has given such directions as aforesaid.

Section 8 Inquiries etc. with respect to local plans.

(1) For the purpose of considering objections made to a local plan the local planning authority may, and shall in the case of objections so made in accordance with regulations under this Part of this Act, cause a local inquiry or other hearing to be held by a person appointed by the Minister or, in such cases as may be prescribed by regulations under this Part of this Act, by the authority themselves, and—

(a) section 290(2) and (3) of the Local Government Act 1933 (power to summon and examine witnesses) shall apply to an inquiry held under this section as it applies to an inquiry held under that section ;

(b) the Tribunals and Inquiries Act 1958 shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Minister, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Minister were a reference to a decision taken by a local authority.

(2) Regulations made for the purposes of subsection (1) above may—

(a) make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under that subsection, including provision enabling the Minister to direct a local planning authority to appoint a particular person, or one of a specified list or class of persons ;

(b) make provision with respect to the remuneration and allowances of a person appointed for the said purpose.

Section 9 Adoption and approval of local plans.

(1) After the expiry of the period afforded for making objections to a local plan or, if such objections have been duly made during that period, after considering the objections so made, the local planning authority may, subject to section 7 above and subsections (2) and (3) below, by resolution adopt the plan either as originally prepared or as modified so as to take account of any such objections or of any matters arising out of such objections.

(2) The local planning authority shall not adopt a local plan unless it conforms generally to the structure plan as approved by the Minister.

(3) After copies of a local plan have been sent to the Minister and before the plan has been adopted by the local planning authority, the Minister may direct that the plan shall not have effect unless approved by him.

(4) Where the Minister gives a direction under subsection (3) above, the local planning authority shall submit the plan accordingly to him for his approval, and—

(a) section 4 above shall, subject to paragraph (b) below, apply in relation to the plan as it applies in relation to a structure plan ;

(b) before deciding whether or not to approve the plan the Minister shall not be obliged to consider any objections thereto if objections thereto have been considered by the authority, or to cause an inquiry or other hearing to be held into the plan if any such inquiry or hearing has already been held at the instance of the authority; and

(c) after the giving of the direction the authority shall have no further power or duty to hold a local inquiry or other hearing under section 8 above in connection with the plan.

Section 10 Alteration of local plans.

(1) A local planning authority may at any time make proposals for the alteration, repeal or replacement of a local plan adopted by them and may at any time, with the consent of the Minister, make proposals for the alteration, repeal or replacement of a local plan approved by him.

(2) Without prejudice to subsection (1) above, a local planning authority shall, if the Minister gives them a direction in that behalf with respect to a local plan adopted by them or approved by him, as soon as practicable prepare proposals of a kind specified in the direction, being proposals for the alteration, repeal or replacement of the plan.

(3) The provisions of sections 6(9) to (11), 7, 8 and 9 above shall apply in relation to the making of proposals for the alteration, repeal or replacement of a local plan under this section, and to alterations to a local plan so proposed, as they apply in relation to the preparation of a local plan under the said section 6 and to a local plan prepared thereunder, but as if the reference in section 9(4)(a) to section 4 above were a reference to section 5 above.

Section 11 Disregarding of representations with respect to development authorised by or under other enactments.

Notwithstanding anything in the foregoing provisions of this Act, neither the Minister nor a local planning authority shall be required to consider representations or objections with respect to a structure plan, a local plan or any proposal to alter, repeal or replace any such plan if it appears to the Minister or the authority, as the case may be, that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

(a) an order or scheme under section 7, 9, 11 or 13 of the Highways Act 1959 (trunk road orders, special road schemes and ancillary orders), or under any enactment repealed by that Act making provision corresponding to any of those sections ;

(b) an order under section 1 of the New Towns Act 1946 or 1965 (designation of sites of new towns).

Section 12 Default powers of Minister.

(1) Where, by virtue of any of the foregoing provisions of this Part of this Act, any survey is required to be carried out, or any structure or local plan or proposals for the alteration, repeal or replacement thereof are required to be prepared or submitted to the Minister, or steps are required to be taken for the adoption of any such plan or proposals, then—

(a) if at any time the Minister is satisfied, after holding a local inquiry or other hearing, that the local planning authority are not carrying out the survey or are not taking the steps necessary to enable them to submit or adopt such a plan or proposals within a reasonable period; or

(b) in a case where a period is specified for the submission or adoption of any such plan or proposals, if no such plan or proposals have been submitted or adopted within that period,

the Minister may carry out the survey or prepare and make a structure plan or local plan or, as the case may be, alter, repeal or replace it, as he thinks fit.

(2) Where under subsection (1) above the Minister has power to do anything which should have been done by a local planning authority, he may, if he thinks fit, authorise any other local planning authority who appear to the Minister to have an interest in the proper planning of the area of the first-mentioned authority to do that thing.

(3) Where under this section anything which ought to have been done by a local planning authority is done by the Minister or another such authority, the foregoing provisions of this Part of this Act shall, so far as applicable, apply with any necessary modifications in relation to the doing of that thing by the Minister and the latter authority and the thing so done.

(4) Where the Minister incurs expenses under this section in connection with the doing of anything which should have been done by a local planning authority, so much of those expenses as may be certified by the Minister to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Minister.

(5) Where under this section anything which should have been done by one local planning authority is done by another such authority, any expenses reasonably incurred in connection with the doing of that thing by the latter authority, as certified by the Minister, shall be repaid to the latter authority by the former authority.

Section 13 Supplementary provisions as to structure and local plans.

(1) Without prejudice to the foregoing provisions of this Part of this Act, the Minister may make regulations with respect to the form and content of structure and local plans and with respect to the procedure to be followed in connection with their preparation, submission, withdrawal, approval, adoption, making, alteration, repeal and replacement; and in particular any such regulations may—

(a) provide for the publicity to be given to the report of any survey carried out by a local planning authority under section 1 of this Act;

(b) provide for the notice to be given of, or the publicity to be given to, matters included or proposed to be included in any such plan, and the approval, adoption or making of any such plan or any alteration, repeal or replacement thereof or to any other prescribed procedural step, and for publicity to be given to the procedure to be followed as aforesaid;

(c) make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration, repeal or replacement;

(d) without prejudice to paragraph (b) above, provide for notice to be given to particular persons of the approval, adoption or alteration of any plan, if they have objected to the plan and have notified the local planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge for receiving it;

(e) require or authorise a local planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step ;

(f) require a local planning authority, in such cases as may be prescribed or in such particular cases as the Minister may direct, to provide persons making a request in that behalf with copies of any plan or document which has been made public for the purpose mentioned in section 3(1)(a) or 7(1)(a) of this Act or has been made available for inspection under section 3(2) or 7(2) of this Act, subject (if the regulations so provide) to the payment of a reasonable charge therefor;

(g) provide for the publication and inspection of any structure plan or local plan which has been approved, adopted or made, or any document approved, adopted or made altering, repealing or replacing any such plan, and for copies of any such plan or document to be made available on sale.

(2) Regulations under this section may extend throughout England and Wales or to specified areas only and may make different provisions for different cases.

(3) Subject to the foregoing provisions of this Part of this Act and to any regulations under this section, the Minister may give directions to any local planning authority, or to local planning authorities generally,—

(a) for formulating the procedure for the carrying out of their functions under this Part of this Act;

(b) for requiring them to give him such information as he may require for carrying out any of his functions under this Part of this Act.

(4) Subject to the provisions of section 176 of the principal Act (validity of development plans etc.), a structure plan or local plan or any alteration, repeal or replacement thereof shall become operative on a date appointed for the purpose in the relevant notice of approval, resolution of adoption or notice of the making, alteration, repeal or replacement of the plan.

Section 14 Application to Greater London.

In their application to Greater London the foregoing provisions of this Part of this Act shall have effect subject to the provisions of Schedule 1 to this Act.

Section 15 New provision as to enforcement notices.

(1) Where it appears to the local planning authority that there has been a breach of planning control after the end of 1963, then, subject to any directions given by the Minister and to the following provisions of this section, the authority, if they consider it expedient to do so having regard to the provisions of the development plan and to any other material considerations, may serve a notice under this section (in this Act and the principal Act referred to as an " enforcement notice ") requiring the breach to be remedied.

(2) There is a breach of planning control if development has been carried out, whether before or after the commencement of this Part of this Act, without the grant of planning permission required in that behalf in accordance with Part III of the principal Act, or if any conditions or limitations subject to which planning permission was granted have not been complied with.

(3) Where an enforcement notice relates to a breach of planning control consisting in—

(a) the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land ; or

(b) the failure to comply with any condition or limitation which relates to the carrying out of such operations and subject to which planning permission was granted for the development of that land ; or

(c) the making without planning permission of a change of use of any building to use as a single dwelling-house,

it may be served only within the period of four years from the date of the breach.

(4) An enforcement notice shall be served on the owner and on the occupier of the land to which it relates and on any other person having an interest in that land, being an interest which in the opinion of the authority is materially affected by the notice.

(5) An enforcement notice shall specify—

(a) the matters alleged to constitute a breach of planning control;

(b) the steps required by the authority to be taken in order to remedy the breach, that is to say steps for the purpose of restoring the land to its condition before the development took place or (according to the particular circumstances of the breach) of securing compliance with the conditions or limitations subject to which planning permission was granted ; and

(c) the period for compliance with the notice, that is to say the period (beginning with the date when the notice takes effect) within which those steps are required to be taken.

(6) The steps which may be required by an enforcement notice to be taken include the demolition or alteration of any buildings or works, the discontinuance of any use of land, or the carrying out on land of any building or other operations.

(7) Subject to section 16 below, an enforcement notice shall take effect at the end of such period, not less than twenty-eight days after the service of the notice, as may be specified in the notice.

(8) The local planning authority may withdraw an enforcement notice (without prejudice to their power to serve another) at any time before it takes effect; and, if they do so, they shall forthwith give notice of the withdrawal to every person who was served with the notice.

Section 16 Appeal against enforcement notice.

(1) A person on whom an enforcement notice is served or any other person having an interest in the land may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal to the Minister against the notice on any of the following grounds:—

(a) that planning permission ought to be granted for the development to which the notice relates or, as the case may be, that a condition or limitation alleged in the enforcement notice not to have been complied with ought to be discharged ;

(b) that the matters alleged in the notice do not constitute a breach of planning control;

(c) in the case of a notice which, by virtue of section 15(3) above, may be served only within the period of four years from the date of the breach of planning control to which the notice relates, that that period has elapsed at the date of service ;

(d) in the case of a notice not falling within paragraph (c) above, that the breach of planning control alleged by the notice occurred before the beginning of 1964 ;

(e) that the enforcement notice was not served as required by section 15(4) of this Act;

(f) that the steps required by the notice to be taken exceed what is necessary to remedy any breach of planning control;

(g) that the specified period for compliance with the notice falls short of what should reasonably be allowed.

(2) An appeal under this section shall be made by notice in writing to the Minister, which shall indicate the grounds of the appeal and state the facts on which it is based; and on any such appeal the Minister shall, if either the appellant or the local planning authority so desire, afford to each of them an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose.

(3) Where an appeal is brought under this section, the enforcement notice shall be of no effect pending the final determination or the withdrawal of the appeal.

(4) On an appeal under this section—

(a) the Minister may correct any informality, defect or error in the enforcement notice if he is satisfied that the informality, defect or error is not material;

(b) in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section 15(4) of this Act to be served with the notice was not served, the Minister may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve him.

(5) On the determination of an appeal under this section, the Minister shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the enforcement notice or for varying the terms of the notice in favour of the appellant; and the Minister may—

(a) grant planning permission for the development to which the enforcement notice relates or, as the case may be, discharge any condition or limitation subject to which planning permission for that development was granted;

(b) determine any purpose for which the land may, in the circumstances obtaining at the time of the determination, be lawfully used having regard to any past use thereof and to any planning permission relating to the land.

(6) In considering whether to grant planning permission under subsection (5) above, the Minister shall have regard to the provisions of the development plan, so far as material to the subject-matter of the enforcement notice, and to any other material considerations ; and any planning permission granted by him under that subsection may—

(a) include permission to retain or complete any buildings or works on the land, or to do so without complying with some condition attached to a previous planning permission;

(b) be granted subject to such conditions as the Minister thinks fit;

and where under that subsection he discharges a condition or limitation, he may substitute another condition or limitation for it, whether more or less onerous.

(7) Where an appeal against an enforcement notice is brought under this section, the appellant shall be deemed to have made an application for planning permission for the development to which the notice relates and, in relation to any exercise by the Minister of his powers under subsection (5) above, the following provisions shall have effect:—

(a) any planning permission granted thereunder shall be treated as granted on the said application ;

(b) in relation to a grant of planning permission or a determination under that subsection, the Minister's decision shall be final; and

(c) for the purposes of section 19(4) of the principal Act (local planning authority's register of planning applications), the decision shall be treated as having been given by the Minister in dealing with an application for planning permission made to the local planning authority.

Section 17 Certification of established use.

(1) For the purposes of this Part of this Act, a use of land is established if—

(a) it was begun before the beginning of 1964 without planning permission in that behalf and has continued since the end of 1963 ; or

(b) it was begun before the beginning of 1964 under a planning permission in that behalf granted subject to conditions or limitations, which either have never been complied with or have not been complied with since the end of 1963 ; or

(c) it was begun after the end of 1963 as the result of a change of use not requiring planning permission and there has been, since the end of 1963, no change of use requiring planning permission.

(2) Where a person having an interest in land claims that a particular use of it has become established, he may apply to the local planning authority for a certificate (in this Act referred to as an " established use certificate ") to that effect:

Provided that no such application may be made in respect of the use of land as a single dwelling-house, or of any use not subsisting at the time of the application.

(3) An established use certificate may be granted (either by the local planning authority or, under section 18 below, by the Minister)—

(a) either for the whole of the land specified in the application, or for a part of it; or

(b) in the case of an application specifying two or more uses, either for all those uses or for some one or more of them.

(4) On an application to them under this section., the local planning authority shall, if and so far as they are satisfied that the applicant's claim is made out, grant to him an established use certificate accordingly; and if and so far as they are not so satisfied, they shall refuse the application.

(5) Where an application is made to a local planning authority for an established use certificate, then unless within such period as may be prescribed by a development order, or within such extended period as may at any time be agreed upon in writing between the applicant and the local planning authority, the authority give notice to the applicant of their decision on the application, then, for the purposes of section 18(2) below, the application shall be deemed to be refused.

(6) Schedule 2 to this Act shall have effect with respect to established use certificates and applications therefor and to appeals under section 18 below.

(7) An established use certificate shall, as respects any matters stated therein, be conclusive for the purposes of an appeal to the Minister against an enforcement notice served in respect of any land to which the certificate relates, but only where the notice is served after the date of the application on which the certificate was granted.

(8) If any person, for the purpose of procuring a particular decision on an application (whether by himself or another) for an established use certificate or on an appeal arising out of such an application,—

(a) knowingly or recklessly makes a statement which is false in a material particular ; or

(b) with intent to deceive, produces, furnishes, sends or otherwise makes use of any document which is false in a material particular ; or

(c) with intent to deceive, withholds any material information,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

Section 18 Grant of certificate by Minister on referred application or appeal against refusal.

(1) The Minister may give directions requiring applications for established use certificates to be referred to him instead of being dealt with by local planning authorities; and, on any such application being referred to him in accordance with such directions, section 17(4) above shall apply in relation to the Minister as it applies in relation to the local planning authority in the case of an application determined by them.

(2) Where an application is made to a local planning authority for an established use certificate and is refused, or is refused in part, the applicant may by notice under this subsection appeal to the Minister; and on any such appeal the Minister shall—

(a) if and so far as he is satisfied that the authority's refusal is not well-founded, grant to the appellant an established use certificate accordingly or, as the case may be, modify the certificate granted by the authority on the application; and

(b) if and so far as he is satisfied that the authority's refusal is well-founded, dismiss the appeal.

(3) On an application referred to him under subsection (1) above or on an appeal to him under subsection (2) above, the Minister may, in respect of any use of land for which an established use certificate is not granted (either by him or by the local planning authority), grant planning permission for that use or, as the case may be, for the continuance of that use without complying with some condition subject to which a previous planning permission was granted.

(4) Before determining an application or appeal under this section the Minister shall, if either the applicant or appellant (as the case may be) or the local planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Minister for the purpose.

(5) The decision of the Minister on an application referred to him, or on an appeal, under this section shall be final.

(6) In the case of any use of land for which the Minister has power to grant planning permission under this section, the applicant or appellant shall be deemed to have made an application for such planning permission; and any planning permission so granted shall be treated as granted on the said application.

Section 19 Power to stop further development pending proceedings on enforcement notice.

(1) Where in respect of any land the local planning authority have served an enforcement notice, they may at any time before the notice takes effect serve a further notice (in this Act referred to as a " stop notice ") referring to, and having annexed to it a copy of, the enforcement notice and prohibiting any person on whom the stop notice is served from carrying out or continuing any specified operations on the land, being operations either alleged in the enforcement notice to constitute a breach of planning control or so closely associated therewith as to constitute substantially the same operations.

(2) The operations which may be the subject of a stop notice shall include the deposit of refuse or waste materials on land where that is a breach of planning control alleged in the enforcement notice.

(3) A stop notice may be served by the local planning authority on any person who appears to them to have an interest in the land or to be concerned with the carrying out or continuance of any operations thereon.

(4) A stop notice—

(a) shall specify the date (not earlier than three nor later than fourteen days from the day on which the notice is first served on any person) when it is to take effect;

(b) in relation to any person served with it, shall have effect as from that date or the third day after the date of service on him, whichever is the later; and

(c) shall, without prejudice to subsection (7) below, cease to have effect when the enforcement notice takes effect or is withdrawn or quashed.

(5) If while a stop notice has effect in relation to him a person carries out, or causes or permits to be carried out, any operations prohibited by the notice, he shall be guilty of an offence and liable on summary conviction to a fine of not more than £400, or on conviction on indictment to a fine; and if the offence is continued after conviction he shall be liable on summary conviction to a further fine of not more than £50 for every day on which it is continued, or on conviction on indictment to a further fine.

(6) A stop notice shall not be invalid by reason that the enforcement notice to which it relates was not served as required by section 15(4) of this Act if it is shown that the local planning authority took all such steps as were reasonably practicable to effect proper service.

(7) The local planning authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by serving notice to that effect on persons who were served with the stop notice, which shall cease to have effect as from the date of service of the notice under this subsection.

(8) Where a person (in this subsection called " the contractor ") is under contract to another person (in this subsection called " the developer ") to carry out any operations on land and—

(a) a stop notice takes effect (whether in relation to the developer or the contractor, or both) prohibiting the carrying out or continuance of those operations; and

(b) the operations are countermanded or discontinued by the contractor accordingly,

then, unless and in so far as the contract makes provision explicitly to the contrary of this subsection, the developer shall be under the same liability in contract as if the operations had been countermanded or discontinued on instructions given by him in breach of the contract.

This subsection applies only to contracts entered into on or before the end of 1969, whether before or after the commencement of this section.

Section 20 Compensation for loss due to stop notice.

(1) Where a stop notice ceases to have effect, a person who, at the time when it was first served, had an interest in the land to which it relates shall, in any of the circumstances mentioned in subsection (2) below, be entitled to be compensated by the local planning authority in respect of any loss or damage directly attributable to the prohibition contained in the notice.

(2) A person shall be entitled to compensation under subsection (1) above in respect of a prohibition contained in a stop notice in any of the following circumstances :—

(a) the enforcement notice is quashed on any of the grounds mentioned in paragraph (b), (c), (d) or (e) of section 16(1) above;

(b) the allegation in the enforcement notice on which the prohibition in the stop notice is dependent is not upheld by reason that the enforcement notice is varied on one of those grounds ;

(c) the enforcement notice is withdrawn by the local planning authority otherwise than in consequence of the grant by them of planning permission for the development to which the notice relates or for its retention or continuance without compliance with a condition or limitation subject to which a previous planning permission was granted ;

(d) the stop notice is withdrawn.

(3) A prohibition in a stop notice shall be treated for the purposes of subsection (2) above as dependent on an allegation in an enforcement notice if and to the extent that the operations to which the prohibition in the stop notice relates are the same as those alleged in the enforcement notice to constitute a breach of planning control or are so closely associated therewith as to constitute substantially the same operations.

(4) A claim for compensation under this section shall be made to the local planning authority within the time and in the manner prescribed by regulations under the principal Act.

(5) The loss or damage in respect of which compensation is payable under this section in respect of a prohibition shall include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition or of any liability arising by virtue of section 19(8) of this Act.

Section 21 Determination of planning and similar appeals by persons appointed by the Minister.

(1) An appeal to which this section applies, being an appeal of a prescribed class, shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Minister, be determined by a person appointed by the Minister for the purpose instead of by the Minister.

(2) This section applies to—

(a) appeals under section 23 of the principal Act (planning decisions), as originally enacted or as applied by or under any other provision of that Act;

(b) appeals under section 14 of the Civic Amenities Act 1967 (default powers and appeals in connection with tree preservation orders);

(c) appeals under section 16 of this Act, as originally enacted or as applied by regulations under any provision of the principal Act;

(d) appeals under section 18(2) of this Act;

(e) appeals under Schedule 5 to this Act.

(3) Regulations made for the purpose of this section may provide for the giving of publicity to any directions given by the Minister under subsection (1) above.

(4) Subsection (1) above shall not affect any provision contained in this Act or the principal Act or any instrument thereunder that an appeal shall lie to, or a notice of appeal shall be served on, the Minister.

(5) A person appointed under this Part of this Act to determine an appeal shall have the like powers and duties in relation to the appeal as the Minister under whichever are relevant of the following provisions, that is to say—

(a) in relation to appeals under section 23 of the principal Act, subsections (4) and (6) of that section;

(b) in relation to appeals under section 14 of the Civic Amenities Act 1967, sections 16(4) and (5) above ;

(c) in relation to appeals under section 16 of this Act, subsections (4) to (6) of that section;

(d) in relation to appeals under section 18 of this Act, subsections (2) and (3) of that section ;

(e) in relation to appeals under paragraph 7 of Schedule 5 to this Act, sub-paragraph (3) of that paragraph;

(f) in relation to appeals under paragraph 18 of that Schedule, sub-paragraphs (4) and (5) of that paragraph.

(6) The provisions of section 23(5) of the principal Act, sections 16(2) and 18(4) above and paragraphs 7(4) and 18(2) of the said Schedule 5, relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Minister, shall not apply to an appeal which falls to be determined by a person appointed under this Part of this Act, but before the determination of any such appeal the Minister shall ask the applicant or appellant, as the case may require, and the local planning authority whether they wish to appear before and be heard by the person so appointed, and—

(a) the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid ; and

(b) the person so appointed shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing.

(7) Where an appeal to which this section applies has been determined by a person appointed under this Part of this Act, his decision shall be treated as that of the Minister and—

(a) except as provided by Part XI of the principal Act, the validity of his decision shall not be questioned in any proceedings whatsoever;

(b) it shall not be a ground of application to the High Court under section 179 of that Act, or of appeal to the High Court under section 180 or 181 thereof, that the appeal ought to have been determined by the Minister and not by that person, unless the challenge to the person's power to determine the appeal was made (either by the appellant or the local planning authority) before his decision on the appeal was given.

(8) Where in any enactment (including this Act) there is a reference to the Minister in a context relating or capable of relating to an appeal to which this section applies, or to any thing done or authorised or required to be done by, to or before the Minister on or in connection with any such appeal, then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by a person appointed under this Part of this Act, as a reference to that person.

Section 22 Determination of appeals by the Minister.

(1) The Minister may, if he thinks fit, direct that an appeal which, by virtue of section 21 above and apart from this subsection, falls to be determined by a person appointed by the Minister shall instead be determined by the Minister.

(2) A direction under this section shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the applicant or appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 17(3)(a) of the principal Act (representations by owners and agricultural tenants).

(3) Where in consequence of a direction under this section an appeal to which section 21 above applies falls to be determined by the Minister, whichever of the following provisions are relevant, that is to say those of—

the principal Act;

section 16 of this Act;

section 18(2) to (5) of this Act;

Part I of Schedule 5 to this Act; and

section 14 of the Civic Amenities Act 1967,

shall, subject to the following provisions of this section, apply to the appeal as if section 21 above had never applied thereto.

(4) Where in consequence of a direction under this section the Minister determines an appeal himself, he shall afford to the applicant or appellant, the local planning authority and any person who has made any such representations as aforesaid an opportunity of appearing before and being heard by a person appointed by the Minister for that purpose either—

(a) if the reasons for the direction raise matters with respect to which either the applicant or appellant, or the local planning authority or any such person, have not made representations; or

(b) if the applicant or appellant or the local planning authority had not been asked in pursuance of section 21(6) above whether they wished to appear before and be heard by a person appointed to hear the appeal, or had been asked that question and had expressed no wish in answer thereto, or had expressed a wish to appear and be heard as aforesaid, but had not been afforded an opportunity of doing so.

(5) Except as provided by subsection (4) above, where the Minister determines an appeal in consequence of a direction under this section, he shall not be obliged to afford any person an opportunity of appearing before and being heard by a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made; and in determining the appeal the Minister may take into account any report made to him by any person previously appointed to determine it.

Section 23 Appointment of another person to determine an appeal.

(1) Where the Minister has appointed a person to determine an appeal under section 21 above, the Minister may, at any time before the determination of the appeal, appoint another person to determine it instead of the first-mentioned person.

(2) If before the appointment of a person under this section to determine an appeal, the Minister had with reference to the person previously appointed, asked the question referred to in section 21(6) above, the question need not be asked again with reference to the person appointed under this section and any answers to the question shall be treated as given with reference to him, but—

(a) the consideration of the appeal or any inquiry or other hearing in connection therewith, if already begun, shall be begun afresh ; and

(b) it shall not be necessary to afford any person an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Section 24 Local inquiries and hearings.

(1) A person appointed under this Part of this Act to determine an appeal may (whether or not the parties have asked for an opportunity to appear and be heard) hold a local inquiry in connection with the appeal and shall hold such an inquiry if the Minister directs him to do so.

(2) Subject to subsection (3) below, the costs—

(a) of any hearing held by virtue of section 21 (6) (b) above ; and

(b) of any inquiry held by virtue of this section,

shall be defrayed by the Minister.

(3) Subsections (2) to (5) of section 290 of the Local Government Act 1933 (evidence and costs at local inquiries) shall apply in relation to an inquiry held under this section as they apply in relation to an inquiry caused to be held by a department under subsection (1) of that section, with the substitution for references to a department (other than the first reference in subsection (4)) of references to the Minister.

Section 25 Stopping of appeals.

If before or during the determination, whether by the Minister or otherwise, of an appeal under section 23 of the principal Act (appeals against planning decisions) in respect of an application for planning permission to develop land, the Minister forms the opinion that, having regard to the provisions of sections 17(1), 18(1) and 38 of that Act (planning permission and industrial development certificates), of section 1(3) of the Control of Office and Industrial Development Act 1965 (office development permits) and of the development order and to any directions given under that order, planning permission for that development—

(a) could not have been granted by the local planning authority; or

(b) could not have been granted by.them otherwise than subject to the conditions imposed by them,

he may decline to determine the appeal or to proceed with the determination or, as the case may be, may direct that the determination shall not be begun or proceeded with.

Section 26 Supplementary.

(1) The Tribunals and Inquiries Act 1958 shall apply to a local inquiry or other hearing held in pursuance of this Part of this Act as it applies to a statutory inquiry held by the Minister, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Minister were a reference to a decision taken by a person appointed to determine the relevant appeal under this Part of this Act.

(2) The functions of determining an appeal and doing anything in connection therewith conferred by this Part of this Act on a person appointed to determine an appeal thereunder who is an officer of the Ministry of Housing and Local Government or the Welsh Office shall be treated for the purposes of the Parliamentary Commissioner Act 1967—

(a) if he was appointed by the Minister of Housing and Local Government, as functions of that Ministry ; and

(b) if he was appointed by the Secretary of State, as functions of the Welsh Office.

Section 27 Repeal of existing provisions for compulsory acquisition of land.

Section 67 of the principal Act (compulsory acquisition of designated land by Ministers, local authorities and statutory undertakers) and section 68 of that Act (compulsory acquisition by local authorities of land for development) shall cease to have effect, and section 47 of the Post Office Act 1953 shall cease to have effect so far as it authorises the Postmaster General to acquire land compulsorily; and—

(a) sections 28 and 29 below shall have effect instead of those sections; and

(b) references in any other enactment to the designation in a development plan of land as land subject to compulsory acquisition and to land so designated shall cease to have effect.

Section 28 Compulsory acquisition of land in connection with development and for other planning purposes.

(1) The Minister may authorise a local authority to whom this section applies to acquire compulsorily any land within their area if he is satisfied—

(a) that the land is required in order to secure the treatment as a whole, by development, redevelopment or improvement, or partly by one and partly by another method, of the land or of any area in which the land is situated; or

(b) that it is expedient in the public interest that the land should be held together with land so required ; or

(c) that the land is required for development or redevelopment, or both, as a whole for the purpose of providing for the relocation of population or industry or the replacement of open space in the course of the redevelopment or improvement, or both, of another area as a whole ; or

(d) that it is expedient to acquire the land immediately for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

(2) Where under subsection (1) above the Minister has power to authorise a local authority to whom this section applies to acquire any land compulsorily he may, after the requisite consultation, authorise the land to be so acquired by another authority, being a local authority within the meaning of the principal Act.

(3) Before giving an authorisation under subsection (2) above the Minister shall—

(a) where the land is in a county borough, consult with the council of the borough;

(b) where the land is in a county district, consult with the councils of the county and the county district;

(c) where the land is in a London borough, consult with the council of the borough and with the Greater London Council.

(4) The Act of 1946 shall apply to the compulsory acquisition of land under this section and accordingly shall have effect as if this section had been in force immediately before the commencement of that Act.

(5) The local authorities to whom this section applies are the councils of counties, county boroughs, and county districts, the Greater London Council and councils of London boroughs.

Section 29 Compulsory acquisition of land by certain Ministers.

(1) The Minister of Public Building and Works may acquire compulsorily any land necessary for the public service.

(2) The Postmaster General may acquire compulsorily any land required for the purposes of the Post Office as defined in section 87 of the Post Office Act 1953.

(3) The power of acquiring land compulsorily under this section shall include power to acquire an easement or other right over land by the grant of a new right:

Provided that this subsection shall not apply to an easement or other right over any land which would for the purposes of the Act of 1946 form part of a common, open space or fuel or field garden allotment.

(4) The Act of 1946 shall apply to any compulsory acquisition by the Minister of Public Building and Works or the Postmaster General under this section as it applies to a compulsory acquisition by another Minister in a case falling within section 1(1) of that Act.

Section 30 Power of authorities possessing compulsory purchase powers to make general vesting declarations.

(1) Schedule 3 to this Act (which makes provision corresponding to sections 9, 10, 11(1), 24 and 93 of the Land Commission Act 1967) shall have effect for the purpose of enabling any authority to whom this section applies to vest in themselves by a declaration land which they are authorised by a compulsory purchase order to acquire and with respect to the effect of such a declaration, the payment and recovery of sums in respect of compensation for the acquisition of land so vested and other matters connected therewith.

(2) This section applies to any Minister or local or other public authority authorised to acquire land by means of a compulsory purchase order, and any such authority is in the said Schedule 3 referred to as an acquiring authority.

Section 31 Compulsory purchase or appropriation of open spaces.

(1) In paragraph 11 of Schedule 1 to the Act of 1946 (which applies special parliamentary procedure in the case of compulsory purchase of land forming part of a common, open space, etc., and is applied by section 73 of the principal Act to appropriation of land by local authorities under that section), in sub-paragraph (1)(b) (exemption where land is required for widening of an existing highway and the Minister certifies that it is unnecessary to give land in exchange), for the words " that the land is " there shall be substituted the words " that the land does not exceed 250 square yards in extent or is ".

(2) Nothing in this section applies to or affects an order made before the commencement of this section.

Section 32 Grounds on which Minister may refuse to confirm purchase notice.

(1) This section shall have effect where, on an application for planning permission to develop any land which has a restricted use by virtue of a previous planning permission, permission is refused or granted subject to conditions and an owner of the land serves a purchase notice under section 129 of the principal Act.

(2) For the purposes of this section, land is to be treated as having a restricted use by virtue of a previous planning permission if it is part of a larger area in respect of which planning permission was previously granted (and has not been revoked) and either—

(a) it remains a condition of the planning permission (how ever expressed) that that part shall remain undeveloped or be preserved or laid out in a particular way as amenity land in relation to the remainder; or

(b) the planning permission was granted on an application which contemplated (expressly or by necessary implication) that the part should not be comprised in the development for which planning permission was sought, or should be preserved or laid out as aforesaid.

(3) If a copy of the purchase notice is transmitted to the Minister under section 130(3) of the principal Act (action to be taken by council on whom a purchase notice is served, when they are unwilling to comply with the notice) the Minister, although satisfied that the land has become incapable of reasonably beneficial use in its existing state, shall nevertheless not be required under section 132(1) of the Act to confirm the notice if it appears to him that the land ought, in accordance with the previous planning permission, to remain undeveloped or, as the case may be, remain or be preserved or laid out as amenity land in relation to the remainder of the larger area for which that planning permission was granted.

Section 33 New descriptions of land qualifying for protection.

(1) Section 138(1) of the principal Act (land affected by planning proposals and qualifying for protection under sections 139 to 151 of that Act) shall have effect as if the land specified therein included land which—

(a) is land indicated in a structure plan in force for the district in which it is situated either as land which may be required for the purposes of any functions of a government department, local authority or statutory undertakers, or of the National Coal Board, or as land which may be included in an action area ; or

(b) is land allocated for the purposes of any such functions by a local plan in force for the district or is land defined in such a plan as the site of proposed development for the purposes of any such functions; or

(c) is land in respect of which a compulsory purchase order is in force, where the appropriate authority have power to serve, but have not served, notice to treat in respect of the land ; or

(d) is land on which the Minister of Transport or, in Wales, the Secretary of State proposes to provide a trunk road or a special road and has given to the local planning authority written notice of his intention to provide the road, together with maps or plans sufficient to identify the proposed route of the road.

(2) Subsection (1)(a) above shall not apply to land situated in a district for which a local plan is in force, where that plan—

(a) allocates any land in the district for the purposes of such functions as are mentioned in that paragraph; or

(b) defines any land in the district as the site of proposed development for the purposes of any such functions.

(3) In section 139 of the principal Act (notice requiring purchase of claimant's interest on ground of planning blight), " the relevant date "—

(a) in relation to land mentioned in subsection (1)(c) above, means the date when the order for its compulsory purchase was confirmed or made by the Minister ; and

(b) in relation to land mentioned in subsection (1)(d) above, means the date on which the Minister of Transport or the Secretary of State gave to the local planning authority the written notice specified in that paragraph.

(4) Paragraphs (a) and (b) of subsection (1) above shall have effect instead of paragraphs (a) and (b) of the said section 138(1).

Section 34 Power of mortgagee to serve blight notice.

(1) The provisions of this section shall have effect for enabling mortgagees to take advantage of the provisions of sections 138 to 151 of the principal Act (notice requiring purchase by local planning authority on grounds of planning blight).

(2) Where the whole or part of a hereditament or agricultural unit is comprised in land of any of the descriptions contained in paragraphs (b) to (f) of section 138(1) of the principal Act or paragraphs (a) to (d) of section 33(1) of this Act and a person claims that—

(a) that he is entitled as mortgagee (by virtue of a power which has become exercisable) to sell an interest in the hereditament or unit, giving immediate vacant possession of the land; and

(b) since the relevant date (within the meaning of section 139 of the principal Act or, as the case may be, section 33(3) of this Act) he has made reasonable endeavours to sell that interest; and

(c) he has been unable to sell it except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were comprised in land of any of the said descriptions,

then, subject to the provisions of this section, he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, sections 138 to 151 of the principal Act.

(3) Subsection (2) above shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the entirety of a hereditament or agricultural unit:

Provided that this subsection shall not enable a person—

(a) if his interest as mortgagee is in the entirety of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of any interest in part of the hereditament or unit; or

(b) if his interest as mortgagee is only in part of a hereditament or agricultural unit, to make or serve any such notice or claim in respect of any interest in less than the entirety of that part.

(4) Notice under this section shall not be served unless one or other of the following conditions is satisfied with regard to the interest which the mortgagee claims he has the power to sell:—

(a) the interest could be the subject of a notice under section 139 of the principal Act served by the person entitled thereto on the date of service of the notice under this section ; or

(b) the interest could have been the subject of such a notice served by that person on a date not more than six months before the date of service of the notice under this section.

(5) If any question arises which authority are the appropriate authority for the purposes of subsection (2) above, subsection (4)(b) above shall then apply with the substitution for the period of six months of a reference to that period extended by so long as it takes to obtain a determination of the question.

(6) No notice under this section shall be served in respect of a hereditament or agricultural unit, or any part of a hereditament or agricultural unit, at a time when a notice already served under section 139 of the principal Act is outstanding with respect to the hereditament, unit or part; and no notice shall be so served under section 139 of that Act at a time when a notice already served under this section is so outstanding.

(7) For the purposes of subsection (6) above, a notice served under this section or section 139 of the principal Act shall be treated as outstanding with respect to a hereditament or agricultural unit, or to part of a hereditament or agricultural unit, until—

(a) it is withdrawn in relation to the hereditament, unit or part; or

(b) an objection to the notice having been made by a counter-notice under section 140 of the principal Act, either—

(i) the period of two months specified in section 141(1) of the principal Act elapses without the claimant having required the objection to be referred to the Lands Tribunal under that section; or

(ii) the objection, having been so referred to the Lands Tribunal, is upheld by the Tribunal with respect to the hereditament, unit or part.

(8) The grounds on which objection may be made in a counter-notice under section 140 of the principal Act to a notice under this section are those specified in paragraphs (a) to (c) of subsection (2) of that section and, in a case to which section 35(1) below applies, the ground specified in (that subsection and also the following grounds:—

(a) that, on the date of service of the notice under this section, the claimant had no interest as mortgagee in any part of the hereditament or agricultural unit to which the notice relates ;

(b) that (for reasons specified in the counter-notice) the claimant had not on that date the power referred to in subsection (2) (a) above ;

(c) that the conditions specified in subsection (2) (b) and (c) above are not fulfilled ;

(d) that (for reasons specified in the counter-notice) neither of the conditions specified in subsection (4) above was, on the date of service of the notice under this section, satisfied with regard to the interest referred to in that subsection.

Section 35 Extension of grounds of objection to blight notice.

(1) Where a blight notice is served under section 139 of the principal Act or section 34 above, then in the case of land—

(a) falling within section 138(1)(c) of the principal Act or section 33(1)(a) of this Act; and

(b) not falling within section 138(1)(e) or (f) of that Act or section 33(1)(d) of this Act,

the grounds on which an objection may be made in a counter-notice under section 140 of the principal Act shall include the grounds that the appropriate authority (unless compelled to do so by virtue of sections 139 to 151 of the principal Act and section 34 above, do not propose to acquire in the exercise of any relevant powers any part of the hereditament or (in the case of an agricultural unit) any part of the affected area during the period of fifteen years from the date of the counter-notice or such longer period from that date as may be specified in the counter-notice.

(2) An objection may not be made as aforesaid on the grounds mentioned in subsection (1) above if it may be made on the grounds mentioned in section 140(2)(b) of the principal Act (objection on the grounds that the appropriate authority do not propose to acquire any part of the hereditament or affected area in question).

(3) An objection on the grounds mentioned in subsection (1) above which is referred to the Lands Tribunal shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.

(4) Section 145(1) and (2) of the principal Act (lapsing of compulsory purchase powers when objection under section 140 of that Act is successful) shall apply in relation to an objection on the said grounds as they apply in relation to an objection on the grounds mentioned in section 140(2)(b) of that Act.

(5) The council of a county, county borough, London borough or county district or the Greater London Council may, subject to such conditions as may be approved by the Minister, advance money to any person for the purpose of enabling him to acquire a hereditament or agricultural unit in respect of which a counter-notice has been served under section 140 of the principal Act specifying the grounds mentioned in subsection (1) above as, or as one of, the grounds of objection, if, in the case of a hereditament, its annual value does not exceed such amount as may be prescribed for the purposes of section 13 8(3) (a) of the principal Act (interests qualifying for protection under that Act).

(6) Paragraph (c) of section 140(2) of the principal Act (objection on the grounds that the appropriate authority propose to acquire part only of the affected area of an agricultural unit) and the following provisions of that Act, that is to say—

sections 141(5) and 142(3) (subsequent proceedings where such an objection made); and

section 145(4) and (5) (lapsing of compulsory purchase powers when objection under section 140 is successful),

shall apply to hereditaments as they apply to any such area, references in those provisions to the affected area being construed as references to the hereditament.

(7) Subsection (6) above shall not affect the right of a claimant under section 92 of the Lands Clauses Consolidation Act 1845 to sell the whole of the hereditament, or (in the case of an agricultural unit) the whole of the affected area, which he has required the authority to purchase.

(8) Subsection (6) above shall not affect the right of a claimant under section 8 of the Compulsory Purchase Act 1965 to sell (unless the Lands Tribunal otherwise determines) the whole of the hereditament, or (in the case of an agricultural unit) the whole of the affected area, which he has required the authority to purchase; and accordingly in determining whether or not to uphold an objection relating to a hereditament on the grounds mentioned in paragraph (c) of section 140(2) of the principal Act the Tribunal shall consider (in addition to the other matters which they are required to consider) whether—

(a) in the case of a house, building or manufactory, the part proposed to be acquired can be taken without material detriment to the house, building or manufactory ; or

(b) in the case of a park or garden belonging to a house, the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house.

Section 36 Compensation for compulsory purchase of land in clearance areas and of historic buildings.

Where an interest in land is acquired in pursuance of a blight notice and the interest is one—

(a) in respect of which a compulsory purchase order is in force under section 1 of the Act of 1946 (as applied by section 50 of this Act) containing a direction for minimum compensation under section 53 of this Act; or

(b) in respect of which a compulsory purchase order is in force under Part III of the Housing Act 1957,

the compensation payable for the acquisition shall, in a case falling within paragraph (a) above, be assessed in accordance with the direction mentioned in that paragraph and, in a case falling within paragraph (b) above, be assessed in accordance with Part III of the said Act of 1957, in either case as if the notice to treat deemed to have been served in respect of the interest under section 142 of the principal Act had been served in pursuance of the compulsory purchase order.

Section 37 Miscellaneous amendments of Part VIII of principal Act.

(1) Section 143 of the principal Act (exclusion of compensation for severance and disturbance) shall cease to have effect.

(2) The power to make an order under section 138(3)(a) of the principal Act (limit of annual value of hereditament an interest in which qualifies for protection under sections 139 to 151 of that Act) shall be exercisable by statutory instrument, and any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) For a person to be treated under section 149(1) or (3) of the principal Act (definitions for purposes of blight notice provisions) as owneroccupier or resident owner-occupier of a hereditament, his occupation thereof at a relevant time or during a relevant period, if not occupation of the whole of the hereditament, must be or, as the case may be, have been occupation of a substantial part of it.

(4) In subsections (1)(b), (2)(b) and (3)(b) of the said section 149, the period of six months ending not more than six months before the date of service shall in each case be replaced by a period of six months ending not more than twelve months before that date.

(5) If any question arises which authority is the appropriate authority for the purposes of sections 139 to 151 of the principal Act or section 34 of this Act—

(a) section 140(1) of that Act (objection to blight notice) shall have effect as if the reference to the date of service of that notice were a reference to that date or the date on which that question is determined, whichever is the later and

(b) subsections (1)(b), (2)(b) and (3)(b) of section 149 of that Act shall apply with the substitution for the reference to twelve months before the date of service of a reference to that period extended by so long as it takes to obtain a determination of the question.

Section 38 Consequential amendments of ss.138 to 150 of principal Act.

The provisions of the principal Act specified in Schedule 4 to this Act (being provisions about blight notices and proceedings in connection therewith) shall be amended as shown in that Schedule.

Section 39 Restriction on exercise by public authorities of power of disposing of land.

(1) Section 26(1) of the Town and Country Planning Act 1959 (power of local and other public authorities to dispose of land without consent of a Minister) shall not apply to the exercise of a power to dispose of land conferred by any enactment if the power is exercised in respect of—

(a) housing accommodation in respect of which there has been made to a local authority (whether before or after the commencement of that Act) an Exchequer payment within the meaning of section 58(2) of the Housing (Financial Provisions) Act 1958 or a payment under an enactment repealed by the said Act of 1958 or any earlier Act and re-enacted (with or without modifications) by any of the provisions mentioned in the said section 58(2); or

(b) an approved dwelling within the meaning of Part I of the Housing Subsidies Act 1967.

(2) Section 26(5)(b) of the said Act of 1959 (which makes provision corresponding to subsection (1) above in the case of a disposal of land under section 104 of the Housing Act 1957) shall cease to have effect.

Section 40 New provisions restricting demolition etc. of listed buildings.

(1) In this Part of this Act the expression " listed building " means a building which is for the time being included in a list compiled or approved by the Minister under section 32 of the principal Act (buildings of special architectural or historic interest).

(2) Subject to this Part of this Act, if a person executes or causes to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, and the works are not authorised under this Part of this Act, he shall be guilty of an offence.

(3) For (the purposes of this Part of this Act, any object or structure fixed to a building, or forming part of the land and comprised within the curtilage of a building, shall be treated as part of the building.

(4) Works for the demolition of a listed building, or for its alteration or extension, are authorised under this Part of this Act only if—

(a) the local planning authority or the Minister have granted written consent (hereafter in this Act referred to as " listed building consent ") for the execution of the works and the works are executed in accordance with the terms of the consent and of any conditions attached to the consent under section 41 below ; and

(b) in the case of demolition, notice of the proposal to execute the works has been given to the Royal Commission and thereafter either—

(i) for a period of at least one month following the grant of listed building consent, and before the commencement of the works, reasonable access to the building has been made available to members or officers of the Commission for the purpose of recording it; or

(ii) the Commission have, by their Secretary or other officer of theirs with authority to act on the Commission's behalf for the purposes of this section, stated in writing that they have completed their recording of the building or that they do not wish to record it.

(5) In subsection (4) above " the Royal Commission " means, in relation to England, the Royal Commission on Historical Monuments (England) and, in relation to Wales, the Royal Commission on Ancient and Historical Monuments (Wales and Monmouthshire); but the Minister may, in relation to either England or Wales, or both, by order made by statutory instrument provide that the said subsection shall, in the case of works 'executed or to be executed on or after such date as may be specified in the order, have effect with the substitution for the reference to the Royal Commission of a reference to such other body as may be so specified.

(6) Without prejudice to subsection (2) above, if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent under section 41 below, he shall be guilty of an offence.

(7) A person guilty of an offence under this section shall be liable—

(a) on summary conviction to imprisonment for a term of not more than three months or a fine of not more than £250, or both ; or

(b) on conviction on indictment to imprisonment for a term not exceeding twelve months or a fine, or both ;

and, in determining the amount of any fine to be imposed on a person convicted on indictment, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

(8) In proceedings for an offence under this section it shall be a defence to prove that the works were urgently necessary in the interests of safety or health, or for the preservation of the building, and that notice in writing of the need for the works was given to the local planning authority as soon as reasonably practicable.

(9) Sections 30 and 31 of the principal Act (building preservation orders) and section 33 of that Act (effect of inclusion of building in a list under section 32 of the Act) shall cease to have effect.

(10) Every building which immediately before the commencement of this Part of this Act was subject to a building preservation order under Part III of the principal Act, but was not then included in a list compiled or approved under section 32 of that Act, shall be deemed to be a listed building; but the Minister may at any time direct, in the case of any building, that this subsection shall no longer apply to it and the council of the county borough, London borough or county district in whose area the building is situated, on being notified of the Minister's direction, shall give notice of it to the owner and occupier of the building.

(11) Before giving a direction under subsection (10) above in relation to a building, the Minister shall consult with the local planning authority and with the owner and the occupier of the building.

Section 41 Provisions supplementary to s.40.

(1) Section 40 above shall not apply to works for the demolition, alteration or extension of—

(a) an ecclesiastical building which is for the time being used for ecclesiastical purposes or would be so used but for the works; or

(b) a building which is the subject of a scheme or order under the enactments for the time being in force with respect to ancient monuments; or

(c) a building for the time being included in a list of monuments published by the Minister of Public Building and Works under any such enactment.

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

(2) Where, on an application in that behalf, planning permission is granted after the commencement of this Part of this Act and—

(a) the development for which the permission is granted includes the carrying out of any works for the alteration or extension of a listed building ; and

(b) the planning permission or any condition subject to which it is granted is so framed as expressly to authorise the execution of the works (describing them),

the planning permission shall operate as listed building consent in respect of those works; but, except as provided by this subsection, the grant of planning permission for any development shall not make it unnecessary for such consent to be obtained in respect of any works to which section 40 above applies.

(3) In considering whether to grant planning permission for development which consists in or includes works for the alteration or extension of a listed building, and in considering whether to grant listed building consent for any works, the local planning authority or the Minister, as the case may be, shall have special regard to the desirability of preserving the building or any features of special architectural or historic interest which it possesses.

(4) Without prejudice to section 17(1) of the principal Act (grant of planning permission unconditionally or subject to conditions), the conditions which may under that subsection be attached to a grant of planning permission shall, in the case of such development as is referred to in subsection (2) above, include conditions with respect to—

(a) the preservation of particular features of the building, either as part of it or after severance therefrom;

(b) the making good, after the works are completed, of any damage caused to the building by the works;

(c) the reconstruction of the building or any part of it following the execution of any works, with the use of original materials so far as practicable and with such alterations of the interior of the building as may be specified in the conditions.

(5) Listed building consent may be granted either unconditionally or subject to conditions, which may include such conditions as are mentioned in subsection (4) above.

(6) Part I of Schedule 5 to this Act shall have effect with respect to applications to local planning authorities for listed building consent, the reference of such applications to the Minister and appeals against decisions on such applications; and Part II of that Schedule shall have effect with respect to the revocation of listed building consent by a local planning authority or the Minister and to the compensation payable in the case of revocation.

Section 42 Purchase notice on refusal or conditional grant of listed building consent.

(1) Where, on an application for listed building consent in respect of a building, consent is refused or is granted subject to conditions or, by an order under Part II of Schedule 5 to this Act, listed building consent is revoked or modified, then if any owner of the land claims—

(a) that the land has become incapable of reasonably beneficial use in its existing state ; and

(b) in a case where consent was granted subject to conditions with respect to the execution of the works or, as the case may be, was modified by the imposition of such conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the works in accordance with those conditions; and

(c) in any case that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other works for which listed building consent has been granted or for which the local planning authority or the Minister has undertaken to grant such consent,

he may, within the prescribed time and manner, serve on the council of the county borough, county district or London borough in which the land is situated a notice requiring that council to purchase his interest in the land in accordance with Part III of Schedule 5 to this Act.

(2) A notice under this section is in this Act referred to as a " listed building purchase notice ".

(3) In this section and in Part III of Schedule 5 to this Act, " the land " means the building in respect of which listed building consent has been refused, or granted subject to conditions, or modified by the imposition of conditions, and in respect of which its owner serves a notice under this section, together with any land comprising the building, or contiguous or adjacent to it, and owned with it, being land as to which the owner claims that its use is substantially inseparable from that of the building and that it ought to be treated, together with the building, as a single holding.

(4) Where, for the purpose of determining whether the conditions specified in paragraph's (a) to (c) of subsection (1) above are satisfied in relation to the land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of new development or of any works requiring listed building consent which might be executed to the building, other than works for which the local planning authority or the Minister have undertaken to grant such consent.

Section 43 Compensation for refusal of consent to alterations etc.

(1) The provisions of this section shall have effect where an application is made for listed building consent for the alteration or extension of a listed building and—

(a) either the works do not constitute development or they do so but the development is such that planning permission therefor is granted by a development order; and

(b) the Minister, either on appeal or on the reference of the application to him, refuses such consent or grants it subject to conditions.

(2) If, on a claim made to the local planning authority within the prescribed time and manner, it is shown that the value of the interest of any person in the land is less than it would have been if listed building consent had been granted, or had been granted unconditionally, as the case may be, the local planning authority shall pay to that person compensation of an amount equal to the difference.

(3) In determining, for the purposes of subsection (2) above, whether or to what extent the value of an interest in land is less than it would have been if the permission had been granted, or had been granted unconditionally,—

(a) it shall be assumed that any subsequent application for the like consent would be determined in the same way ; but

(b) if, in the case of a refusal of listed building consent, the Minister, on refusing that consent, undertook to grant such consent for some other works to the building in the event of an application being made in that behalf, regard shall be had to that undertaking.

(4) No compensation shall be payable under this section in respect of an interest in land in respect of which a purchase notice is served, whether under section 129 or 135 of the principal Act or under section 42 above, being a purchase notice which takes effect.

Section 44 Notice to enforce s. 40 control.

(1) Where it appears to the local planning authority that any works have been, or are being, executed to a listed building in their area and are such as to involve a contravention of section 40(2) or (6) of this Act, then, subject to any directions given by the Minister, they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, serve a notice—

(a) specifying the alleged contravention ; and

(b) requiring such steps as may be specified in the notice for restoring that building to its former state or, as the case may be, for bringing it to the state it would have been in if the terms and conditions of any listed building consent for the works had been complied with, to be taken within such period as may be so specified.

(2) A notice under this section is hereafter in this Act referred to as a " listed building enforcement notice ".

(3) Part IV of Schedule 5 to this Act shall have effect with respect to listed building enforcement notices and appeals against such notices.

Section 45 Penalties for non-compliance with notice under s.44.

(1) Subject to the provisions of this section, where a listed building enforcement notice has been served on the person who, at the time when the notice was served on him, was the owner of the building to which it relates, then, if any steps required by the notice to be taken have not been taken within the period allowed for compliance with the notice, that person shall be liable on summary conviction to a fine not exceeding £400, or on conviction on indictment to a fine.

(2) If a person against whom proceedings have been brought under subsection (1) above has, at some time before the end of the period allowed for compliance with the notice, ceased to be the owner of the building, he shall, upon information duly laid by him, and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have the person who then became the owner of the building (in this section referred to as " the subsequent owner ") brought before the court in the proceedings.

(3) If, after it has been proved that any steps required by the notice have not been taken within the period allowed for compliance with the notice, the original defendant proves that the failure to take those steps was attributable, in whole or in part, to the default of the subsequent owner,—

(a) the subsequent owner may be convicted of the offence ; and

(b) the original defendant, if he further proves that he took all reasonable steps to secure compliance with the notice, shall be acquitted of the offence.

(4) If, after a person has been convicted under the foregoing provisions of this section, he does not as soon as practicable do everything in his power to secure compliance with the notice, he shall be guilty of a further offence and be liable—

(a) on summary conviction to a fine of not more than £50 for each day following his first conviction on which any of the requirements of the notice remain unfulfilled ; or

(b) on conviction on indictment to a fine.

(5) Any reference in this section or section 46 below to the period allowed for compliance with a listed building enforcement notice is a reference to the period specified in the notice as that within which the steps specified in the notice are required thereby to be taken, or such extended period as the local planning authority may allow for taking them.

Section 46 Execution and cost of works required under enforcement procedure.

(1) If, within the period allowed for compliance with a listed building enforcement notice any steps required by the notice to be taken have not been taken, the authority may enter on the land and take those steps and may recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

(2) Any expenses incurred by the owner or occupier of a building for the purpose of complying with a listed building enforcement notice and any sums paid by the owner of a building under subsection (1) of this section in respect of expenses incurred by the local planning authority in taking steps required by such a notice to be taken, shall be deemed to be incurred or paid for the use and at the request of the person who carried out the works to which the notice relates.

(3) Section 49(2) and (3) of the principal Act (application by regulations of certain provisions of the Public Health Act 1936 in relation to enforcement works) shall apply in relation to a listed building enforcement notice as they apply in relation to an enforcement notice; and any regulations made by virtue of this subsection may provide for the charging on the land on which the building stands of any expenses recoverable by a local planning authority under subsection (1) of this section.

Section 47 Enforcement by, or by direction of, the Minister.

(1) If it appears to the Minister, after consultation with the local planning authority (and, in Greater London, also with the Greater London Council), to be expedient that a listed building enforcement notice should be served in respect of any land, he may give directions to the local planning authority requiring them to serve such a notice, or may himself serve such a notice ; and any notice so served by the Minister shall have the like effect as a notice served by the local planning authority.

(2) In relation to a listed building enforcement notice served by the Minister, the provisions of section 45(5) and 46 of this Act shall apply as if for any reference therein to the local planning authority there were substituted a reference to the Minister.

Section 48 Building preservation notice in respect of building not listed.

(1) If it appears to the local planning authority, in the case of a building in their area which is not a listed building, that it is of special architectural or historic interest and is in danger of demolition or of alteration in such a way as to affect its character as such, they may (subject to subsection (2) below) serve on the owner and occupier of the building a notice (referred to in this section as a " building preservation notice ")—

(a) stating that the building appears to them to be of special architectural or historic interest and that they have requested the Minister to consider including it in a list compiled or approved under section 32 of the principal Act; and

(b) explaining the effect of subsections (3) and (4) of this section.

(2) A building preservation notice shall not be served in respect of—

(a) an ecclesiastical building which is for the time being used for ecclesiastical purposes ; or

(b) a building which is the subject of a scheme or order under the enactments for the time being in force with respect to ancient monuments ; or

(c) a building for the time being included in a list of monuments published by the Minister of Public Building and Works under any such enactment.

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

(3) A building preservation notice shall come into force as soon as it has been served on both the owner and occupier of the building to which it relates and shall remain in force for six months from the date when it is served or, as the case may be, last served; but it shall cease to be in force if, before the expiration of that period, the Minister either includes the building in a list compiled or approved under section 32 of the principal Act or notifies the local planning authority in writing that he does not intend to do so.

(4) While a building preservation notice is in force with respect to a building, the provisions of this Part of this Act shall have effect in relation to it as if the building were a listed building; and if the notice ceases to be in force (otherwise than by reason of the building being included in a list compiled or approved under the said section 32), the provisions of Part V of Schedule 5 to this Act shall have effect with respect to things done or occurring under the notice or with reference to the building being treated as listed.

(5) If, following the service of a building preservation notice, the Minister notifies the local planning authority that he does not propose to include the building in a list compiled or approved under section 32 of the principal Act, the authority—

(a) shall forthwith give notice of the Minister's decision to the owner and occupier of the building ; and

(b) shall not, within the period of twelve months beginning with the date of the Minister's notification, serve another such notice in respect of the said building.

Section 49 Compensation for loss or damage caused by service of building preservation notice.

(1) The following provisions of this section shall have effect as respects compensation where a building preservation notice is served.

(2) The local planning authority shall not be under any obligation to pay compensation under section 43 of this Act, in respect of any refusal of listed building consent or its grant subject to conditions, unless and until the building is included in a list compiled or approved by the Minister under section 32 of the principal Act; but this subsection shall not prevent a claim for such compensation being made before the building is so included.

(3) If the building preservation notice ceases to have effect without the building having been included in a list so compiled or approved, then, subject to a claim in that behalf being made to the local planning authority within the prescribed time and in the prescribed manner, any person who at the time when the notice was served had an interest in the building shall be entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.

(4) The loss or damage in respect of which compensation is payable under subsection (3) above shall include a sum payable in respect of a breach of contract caused by the necessity of discontinuing or countermanding any works to the building on account of the building preservation notice being in force with respect thereto.

Section 50 Compulsory acquisition of listed building in need of repair.

(1) Where it appears to the Minister, in the case of a building to which this section applies, that reasonable steps are not being taken for properly preserving it, the Minister may authorise the council of the county, county borough or county district in which the building is situated or, in the case of a building situated in Greater London, the Greater London Council or the London borough council, to acquire compulsorily under this section the building and any land comprising or contiguous or adjacent to it which appears to the Minister to be required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.

(2) Where it appears to the Minister, in the case of a building to which this section applies, that reasonable steps are not being taken for properly preserving it, he may be authorised under this section to acquire compulsorily the building and any land comprising or contiguous or adjacent to it which appears to him to be required for the purpose mentioned in subsection (1) of this section.

(3) This section applies to any listed building, not being—

(a) an ecclesiastical building which is for the time being used for ecclesiastical purposes ; or

(b) a building which is the subject of a scheme or order under the enactments for the time being in force with respect to ancient monuments ; or

(c) a building for the time being included in a list of monuments published by the Minister of Public Building and Works under any such enactment.

For the purposes of this subsection a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

(4) The Minister shall not make or confirm a compulsory purchase order for the acquisition of any building by virtue of this section unless he is satisfied that it is expedient to make provision for the preservation of the building and to authorise its compulsory acquisition for that purpose.

(5) The Act of 1946 shall apply to the compulsory acquisition of land under this section and accordingly shall have effect—

(a) as if this section had been in force immediately before the commencement of that Act; and

(b) as if references therein to the Minister of Transport and to the enactments specified in section 1(1)(b) of that Act included respectively references to the Minister and to the provisions of this section.

(6) Any person having an interest in a building which it is proposed to acquire compulsorily under this section may, within twenty-eight days after the service of the notice required to be served under paragraph 3 of Schedule 1 to the Act of 1946, apply to a magistrates' court acting for the petty sessions area within which the building is situated for an order staying further proceedings on the compulsory purchase order; and, if the court is satisfied that reasonable steps have been taken for properly preserving the building, the court shall make an order accordingly.

(7) Any person aggrieved by the decision of a magistrates' court on an application under subsection (6) above may appeal against that decision to a court of quarter sessions.