Planning and Compensation Act 1991
The Planning and Compensation Act 1991 was an Act of Parliament in the United Kingdom to amend the law relating to town and country planning.
| Act of Parliament | |
 | |
| Long title | An Act to amend the law relating to town and country planning; to extend the powers to acquire by agreement land which may be affected by carrying out public works; to amend the law relating to compulsory acquisition of land and to compensation where persons are displaced from land or the value of land or its enjoyment may be affected by public works; to provide, in the case of compensation payable in respect of things done in the exercise of statutory powers, for advance payments and payments in interest; and to repeal Part X of the Highways Act 1980 |
|---|---|
| Citation | 1991 c. 34 |
| Territorial extent | England and Wales, Scotland |
| Dates | |
| Royal assent | 25 July 1991 |
| Other legislation | |
| Amended by | Planning and Compulsory Purchase Act 2004, The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 |
Status: Amended | |
| Records of Parliamentary debate relating to the statute from Hansard | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
It was intended to extend the powers to acquire by agreement land which may be affected by carrying out public works, to amend the law relating to compulsory acquisition of land and to compensation where persons are displaced from land or the value of land or its enjoyment may be affected by public works, to provide, in the case of compensation payable in respect of things done in the exercise of statutory powers, for advance payments and payments in interest, and to repeal Part X of the Highways Act 1980.
Background
editThe Act was intended to implement recommendations derived from a report by Mr Robert Carnwath QC for HMSO and proposals from a consultation which was published by the Department of the Environment in July 1989.[1][2]
Planning provisions
editThis Act created two new procedures for a local planning authority to enforce breaches of planning permission in sections 1 and 2. A planning contravention notice is used if the authority suspects that there has been a breach but it either wishes to discuss the potential breach with the owner or occupier or does not have enough evidence to proceed. It can require information about the operations and uses of the property as related to the planning conditions. If the owner gives false information or fails to comply within 21 days, a criminal offence is committed.[2]
A breach of condition notice provides a remedy for breaches of condition without impeding the power of the authority to issue an enforcement notice or an injunction. The property owner cannot appeal this notice and can face criminal charges for non-compliance.[2]
The new power in section 3 to apply to the High Court or County Court for an injunction in the case of a breach of planning control extends the power in section 222 of the Local Government Act 1972.[2]
Compensation provisions
editSection 31 of the Act repealed the Unexpended Balance of Development Value Rules.[3]
References
edit- ^ Department of the Environment, Planning and Compensation Act 1991 (15 August 1991)
- ^ a b c d Hawkins, David (1 January 1992). "The Planning Provisions of the Planning and Compensation Act 1991". Journal of Property Valuation and Investment. 10 (2): 504–508. doi:10.1108/14635789210031154. ISSN 0960-2712.
- ^ Sams, G.S. (1 January 1992). "The Compensation Provisions of the Planning and Compensation Act 1991". Journal of Property Valuation and Investment. 10 (1): 443–448. doi:10.1108/14635789210031109. ISSN 0960-2712.
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