Town and Country Planning Act 1990
The Town and Country Planning Act 1990 is a pivotal piece of legislation in the United Kingdom, specifically concerning the regulation of land development in England and Wales. This Act forms a fundamental part of UK land law and is integral to the urban planning framework in the UK. It supersedes the earlier Town and Country Planning Act 1947, providing an updated legislative framework for managing land use, development control, and urban growth.
Structure and Content
The Act comprises 15 parts with 337 sections, supplemented by 17 schedules. These sections provide guidelines and regulations for various aspects of land development, including but not limited to, planning permission, enforcement, appeals, and compensation. The Act serves as a comprehensive code of planning regulations though it is not exhaustive.
Key Provisions
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Planning Permission: Under the Act, planning permission is required for the development of land, which includes building, engineering, mining, and other operations. The Act defines what constitutes development and outlines the conditions under which planning permission may be granted or refused.
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Enforcement: The Act provides the framework for enforcing planning control and includes provisions for dealing with unauthorized developments. It empowers local planning authorities to issue enforcement notices and stop notices to ensure compliance with planning laws.
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Development Plans: The Act mandates the preparation of development plans by local authorities, which guide land use and development in their jurisdictions. These plans are essential for strategic planning and ensuring sustainable development.
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Secretary of State’s Powers: The Secretary of State for Communities and Local Government is vested with powers under section 333 to make regulations, such as the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, which govern advertising control in connection with land use.
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Appeals and Compensation: The Act sets out the procedures for appealing against planning decisions and provides mechanisms for compensation where planning decisions result in a financial loss to individuals.
Historical Context
The enactment of the Town and Country Planning Act 1990 followed several legislative developments in the 20th century, including the Housing, Town Planning, &c. Act 1919 and the Town Planning Act of 1925. These formative statutes laid the groundwork for modern land-use planning in the UK. The 1990 Act is part of a series of legislative reforms aimed at streamlining and consolidating planning legislation, further supplemented by the Planning and Compulsory Purchase Act 2004.
Impact and Relevance
The Town and Country Planning Act 1990 is crucial for ensuring orderly development and is instrumental in balancing the needs of economic growth with environmental protection. It aims to promote sustainable development by regulating land use, preserving natural heritage, and facilitating urban regeneration.
This Act also interacts with other important legislation, such as the General Permitted Development Order and the Planning (Consequential Provisions) Act 1990, which provide additional provisions and transitional arrangements in the planning system.