The Town and Country Planning General Regulations 1992

• Citation: S.I. 1992/1492
• Sections: 23

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Town and Country Planning General Regulations 1992 and shall come into force on 17th July 1992.

(2) In these Regulations—

“the 1990 Act” means the Town and Country Planning Act 1990; and

“planning permission” includes permission in principle and, except in regulations 7 to 9, also includes any consent of a local planning authority required under a development order.

Section 2 Application of provisions of the 1990 Act

(1) Subject to paragraph (2), in relation to—

(a) land of an interested planning authority other than—

(i) land any part of which is within a National Park and which is land of a planning authority which is a non-metropolitan district council, and

(ii) land in respect of which an urban development corporation is a local planning authority and which is vested in another local planning authority, and

(b) development of any land by an interested planning authority or such authority jointly with any person other than development (whether or not jointly with any person)—

(i) by an interested planning authority which is a non-metropolitan district council of land any part of which is in a National Park, and

(ii) another local planning authority of land in respect of which an urban development corporation is a local planning authority,

the provisions of Parts III VII and VIII of the 1990 Act, other than sections 76, 90(2), (5) and 223, shall apply subject to regulations 3 to 11A below .

(2) In the case of land falling within paragraph (1)(a)(i) the provisions of Part VIII of the 1990 Act apply subject to regulations 11 and 11A .

Section 3 Applications for planning permission

Subject to regulations 4 and 4A , an application for planning permission by an interested planning authority to develop any land of that authority, or for development of any land by an interested planning authority or by an interested planning authority jointly with any other person, shall be determined by the authority concerned, unless the application is referred to the Secretary of State under section 77 of the 1990 Act for determination by him.

Section 4 Applications for planning permission

(1) Regulation 3 does not apply in the case of an application for planning permission to develop land of an interested planning authority where—

(a) the authority do not intend to develop the land themselves or jointly with any person, and

(b) if it were not such land the application would fall to be determined by another body.

(2) In the case of an application to which paragraph (1) applies the application shall be determined by that other body unless the application is referred to the Secretary of State under section 77 of the 1990 Act for determination by him.

Section 4A Applications for planning permission: relevant demolition

(1) In relation to any application made by an interested planning authority which relates solely to development which is relevant demolition (within the meaning of section 196D of the 1990 Act), the authority shall—

(a) publicise the application as an application made to the interested planning authority; and

(b) send to Historic England a notice of the application which shall contain the address or location of the proposed works, the nature of the proposed works; and the date by which any representations about the application must be made (which shall not be less than 21 days from the date of the notice).

(2) Regulation 3 does not apply to any such application where the authority—

(a) have received an objection to the application from Historic England on or before the date specified in the notice as the date by which any representations about the application are to be made; and

(b) do not propose to refuse the application.

(2A) For the purpose of paragraph (2)(a), “objection” means a written notice to the authority setting out Historic England’s reasons for objecting to the application and stating that the application should be sent to the Secretary of State for determination.

(2B) Where the conditions in paragraph (2)(a) and (b) are met, the application (“an objected application”) shall be sent to the Secretary of State for determination.

(2) Any such application shall be made to the Secretary of State.

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(4) Before determining an objected application the Secretary of State shall, if the interested planning authority wishes, give them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

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(6) An objected application by an interested planning authority to the Secretary of State ... shall be accompanied by a copy of all representations duly made in relation to the application.

(7) An application by the county planning authority under paragraph (1) above, together with any accompanying representations required by this regulation, shall be made to the district planning authority who shall, where the conditions in paragraph (2)(a) and (b) are met, forthwith send it on the Secretary of State.

(8) The Secretary of State may serve any notice authorised to be served by an interested planning authority in relation to a building in a conservation area.

Section 5 Modifications and exceptions to Part III of the 1990 Act

(1) In the case of applications for planning permission for development to which regulation 3 applies—

(a) sections 70A, 78 and 79 shall not apply;

(b) sections 94 and 95 shall not apply except to the extent that they apply to a completion notice served under section 96 by the Secretary of State; and

(c) the provisions of Part III of the 1990 Act listed in the first column of Schedule 1 to these Regulations shall have effect subject to the modifications in the second column of that Schedule.

(2) If an application for planning permission for development to which regulation 3 applies is referred to the Secretary of State under section 77 of the 1990 Act for determination by him that section shall have effect subject to the modification that, in subsection (5), for the words “if either the applicant or the local planning authority wish, give each of them an opportunity” substitute the words “if the interested planning authority wish, give them the opportunity”.

Section 6 Modifications and exceptions to Part III of the 1990 Act

In Part III of the 1990 Act any reference to “local planning authority”, in relation to development to which regulation 3 applies, is a reference to the interested planning authority concerned, and references to “the authority” (except in section 71(3)) shall be construed accordingly.

Section 7 Publicity

(1) Any provision made by virtue of section 65 or 71 of the 1990 Act by a development order shall apply to applications for planning permission for development to which regulation 3 applies subject to the modifications prescribed in paragraph (2).

(2) Any reference in such a development order to “local planning authority” is a reference to the interested planning authority concerned, and references to “the authority” shall be construed accordingly.

Section 8 Consultation

An urban development corporation in Greater London shall, before determining an application for planning permission falling within regulation 3, consult the council of the London borough for the area in which the land which is the subject of the application, or any part of it, is situated.

Section 9 Effect of planning permission

Any grant of planning permission by an interested planning authority for development of any land by that interested planning authority shall enure only for the benefit of the applicant interested planning authority, except in the case of development of any land by an interested planning authority jointly with any other person where that person is specified in the application for planning permission as a joint developer, in which case the permission shall enure for the benefit of the applicant interested planning authority and that other person.

Section 9A Exclusion of certain authorities from regulation 9—England

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Section 9B Exclusion of certain authorities from regulation 9—Wales

Regulation 9 shall not apply where, in Wales, the interested planning authority is–

(a) the council of a county; or

(b) the council of a county borough.

Section 9AA Exclusion of interested planning authorities from regulation 9

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Section 10 Arrangements for discharge of functions

Notwithstanding anything in section 101 of the Local Government Act 1972 (arrangements for the discharge of functions by local authorities) no application for planning permission for development to which regulation 3 applies may be determined—

(a) by a committee or sub-committee of the interested planning authority concerned if that committee or sub-committee is responsible (wholly or partly) for the management of any land or buildings to which the application relates; or

(b) by an officer of the interested planning authority concerned if his responsibilities include any aspect of the management of any land or buildings to which the application relates.

Section 11 Other consents

(1) Where an interested planning authority are seeking a consent of a local planning authority under Part III, VII or VIII of the 1990 Act other than planning permission to develop land or a consent under section 90(2) or a consent to display an advertisement pursuant to regulations under section 220 and that authority are themselves the local planning authority by whom such consent would be given, they shall , subject to paragraph (2) and regulation 11A, make an application for such consent to the Secretary of State.

(2) Where the consent sought under Part VIII is under a tree preservation order, the application shall be determined by the interested planning authority.

(3) Notwithstanding anything in section 101 (arrangements for the discharge of functions by local authorities) of the Local Government Act 1972, no application may be determined under paragraph (2)—

(a) by a committee or sub-committee of the interested planning authority if that committee or sub-committee is responsible (wholly or partly) for the management of any land to which the application relates; or

(b) by an officer of the interested planning authority if his responsibilities include any aspect of the management of any land to which the application relates.

Section 11A Applications by interested planning authorities under tree preservation orders

(1) Before determining an application under regulation 11(2) the interested planning authority shall publicise it by posting a notice in at least one place on or near the land to which the application relates for not less than 21 days.

(2) A notice under paragraph (1) shall—

(a) identify the tree or trees to which the application relates (if necessary by reference to a plan);

(b) specify the work for which consent is sought;

(c) state the interested planning authority’s reasons for making the application;

(d) state the place at which a copy of the application may be inspected;

(e) state the address to which representations may be sent; and

(f) state the date (being not less than 21 days from the date on which the notice is first displayed) by which representations shall be made,

and shall be sited and displayed in such a way as to be easily visible and legible by members of the public.

(3) Where a notice under paragraph (1) is, without any fault or intention of the interested planning authority, removed, obscured or defaced before the date referred to in paragraph (2)(f), the authority shall be treated as having complied with the requirements of paragraph (1) if they have taken reasonable steps to preserve the notice and, if necessary, replace it.

(4) In determining an application under regulation 11(2), the interested planning authority shall take into account any representations made by the date specified in the notice under paragraph (1) of this regulation.

(5) The interested planning authority shall give notice of their decision to every person who made representations which the authority were required to take into account.

Section 12 Claims for compensation and purchase notices

(1) A claim for compensation made to a local planning authority under section 107 (including section 107 as applied by section 108), 114, 115, 144, 186 or 250 of the 1990 Act, or a purchase notice served on the council of a district or London borough (or county or county borough in Wales) under section 137 of that Act, shall be in writing and shall be served on that authority or council by delivering it at the offices of the authority or council, or by sending it by pre-paid post.

(2) The time within which any such claim or notice as is mentioned in paragraph (1) is served shall be 12 months from the date of the decision in respect of which the claim or notice is made or given, or such longer period as the Secretary of State may at any time in any particular case allow.

Section 13 Marking of certain notices and documents

The manner in which any notice or document referred to in subsection (2) of section 329 of the 1990 Act shall be marked in order that it shall be taken to be duly served under paragraph (b) of that subsection shall be by inscribing clearly and legibly upon the notice or document, and upon the envelope containing it, the words “Important — This Communication affects your Property”.

Section 14 Application of the Public Health Act 1936 to certain notices

(1) The provisions of sections 276, 289 and 294 of the Public Health Act 1936 ( “the 1936 Act”) shall apply in relation to steps required to be taken by an enforcement notice, to requirements of a notice under section 207(1) of the 1990 Act, and to steps required to be taken by a notice under section 215 of that Act, as if—

(a) references to a local authority were references to a local planning authority;

(b) references (in whatever form) to the execution of works under the 1936 Act were references—

(i) in the case of an enforcement notice or a notice under section 215 of the 1990 Act, to the taking of steps required to be taken by the notice; and

(ii) in the case of a notice under section 207(1) of the 1990 Act, to the planting of trees of specified sizes and species;

(c) references in section 289 of the 1936 Act to the occupier were references to a person having an interest in the premises other than the owner; and

(d) the reference in section 294 of the 1936 Act to “expenses under this Act” were a reference to expenses incurred in the taking of steps or the planting of trees, as the case may be.

(2) The expenses recoverable by a local planning authority under section 178(1) of the 1990 Act are, until recovered, a charge that is binding on successive owners of the land to which the enforcement notice relates and the charge shall take effect as from the date of the completion by the local planning authority of the steps required to be taken by the enforcement notice.

(3) Where a notice is served under section 215 of the 1990 Act, any expenses recoverable by a local planning authority under section 219(1) of that Act are, until recovered, a charge that is binding on successive owners of the land to which the notice relates, and the charge shall take effect as from the date of the completion by that authority of the steps required to be taken by the notice.

Section 15 Concurrent procedure for acquisition of land and extinguishment of rights of way

(1) Where—

(a) under section 226 of the 1990 Act a compulsory purchase order for the acquisition of any land has been made by a local authority to whom that section applies and submitted to the Secretary of State in accordance with the provisions of the Acquisition of Land Act 1981 , or

(b) any land has been acquired by a local authority under section 227 of the 1990 Act,

the following provisions of this regulation shall have effect to secure that proceedings required to be taken for the purposes of orders under section 251 of the 1990 Act may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished or for the purposes of the acquisition of any other land for the purpose of providing an alternative right of way.

(2) The Secretary of State may on or after such submission or acquisition as is mentioned in paragraph (1) publish in accordance with the provisions of section 252(1) of the 1990 Act notice of an order he proposes to make under section 251 of that Act relating to the extinguishment of any such right of way.

(3) On or after the publication of any such notice, the Secretary of State may prepare in draft, or a local highway authority may make, a compulsory purchase order under section 254(1)(b) of the 1990 Act for the acquisition of land for providing an alternative right of way.

(4) Subject to paragraph (5) any other proceedings required to be taken in connection with the making of an order under section 251 of the 1990 Act may be taken concurrently with the proceedings required to be taken in connection with such an order as is mentioned in paragraph (1)(a) and any other proceedings for the making or confirmation of such a compulsory purchase order as is referred to in paragraph (3) may be taken concurrently with either or both of the said proceedings.

(5) Until the land over which the right of way subsists has been acquired by the local authority—

(i) no order under section 251 of the 1990 Act shall be made, and

(ii) no such compulsory purchase order as is referred to in paragraph (3) shall be made by the Secretary of State or confirmed.

Section 16 Notices and counter-notices relating to planning blight

The forms set out in Schedule 2 to these Regulations or forms substantially to the like effect are the prescribed forms for blight notices and counter-notices for the purposes of sections 150(1), 151(1), 161(2) and 162(1) of the 1990 Act.

Section 17 Advertisement and notice of unopposed order revoking or modifying planning permission

(1) A local planning authority shall advertise the fact that an order has been made to which section 99(2) of the 1990 Act applies by publishing an advertisement in the form set out in Part 1 of Schedule 3 to these Regulations or a form substantially to the like effect in a newspaper circulating in the locality.

(2) The notice a local planning authority is required to serve under section 99(3) of the 1990 Act shall be in the form contained in Part 2 of Schedule 3 to these Regulations or a form substantially to the like effect.

Section 18 Revocations

The regulations listed in the first column of Schedule 4 to these Regulations are hereby revoked to the extent specified in the third column of that Schedule.