ABSTRACT

The most important sections of the Town and Country Planning Act 1990 are as follows:

1 specifies which authorities in England and Wales are local planning authorities and confers powers on county councils, district councils, metropolitan district councils, London borough councils and county borough councils;

4A enables the establishment of National Park Authorities to act as local planning authorities within the National Parks;

12 requires preparation of a unitary development plan by each metropolitan district council and each London borough council;

27 meaning of ‘development plan’ in Greater London or a metropolitan county;

27A meaning of ‘development plan’ in relation to Wales; 32 confers power on county councils to alter or replace an existing

structure plan; 36 requires preparation of district-wide local plans by non-

metropolitan district councils; 54 meaning of ‘development plan’ outside Greater London or a

metropolitan county; 54A planning decisions to be made in accordance with the

development plan; 55 definition of ‘development’; 57 specifies that planning permission is required for the carrying-

out of any development of land; 59 requires the Secretary of State (for the Environment) to make a

‘development order’ which grants planning permission for specified forms of development and (in all other cases) to make provision for applications for planning permission to be made to the local planning authority;

62 specifies that applications for planning permission shall be made in the prescribed manner;

65 notice of applications for planning permission to be given in accordance with the requirements of a development order;

69 maintenance of a ‘planning register’ of applications and decisions;

70 discretionary power of local planning authorities to determine planning applications;

71 consultations in connection with planning applications; 72 supplementary powers of local planning authorities in relation

to conditional grants of planning permission; 73 applications for planning permission without complying with

conditions attached to an earlier grant; 77 powers of the Secretary of State to ‘call in’ a planning

application for decision by him; 78 right of appeal to the Secretary of State against the decision of

a local planning authority, or failure to reach a decision; 83 making of simplified planning zones; 91 time within which grant of planning permission must be

implemented; 92 grant of outline planning permission; 97 power to revoke or modify a grant of planning permission; 102 power to require discontinuance of a use or the alteration or

removal of buildings or works; 106 entry into planning obligations with local planning authority; 171A meaning of ‘breach of planning control’; 171B time-limits for enforcement action; 171C issue of a planning contravention notice; 171D penalties for non-compliance with a planning contravention

notice; 172 issue of an enforcement notice; 174 right of appeal to the Secretary of State against the issue of an

enforcement notice; 179 penalties for non-compliance with an enforcement notice; 183 service of a stop notice; 187 penalties for non-compliance with a stop notice; 187A issue of a breach of condition notice and penalty for non-

compliance; 187B power of local planning authority to seek an injunction;

191 application for certificate of lawfulness of existing use or development;

192 certificate of lawfulness of proposed use or development; 195 right of appeal to the Secretary of State against refusal of an

application for a certificate under ss 191 and 192; 198 making of tree preservation orders; 215 power to require proper maintenance of land where amenity is

adversely affected; 220 control of display of advertisements; 226 power to acquire land compulsorily for development purposes; 288 application to the High Court to quash specified planning

orders and decisions; 289 appeal to the High Court against a decision of the Secretary of

State in enforcement proceedings; 320 power of the Secretary of State to convene a public local

inquiry; 336 definition section.