Town and Country Planning Act 1990

Applies to EnglandApplies to Wales

Title: Town and Country Planning Act 1990

Category: England and Wales Law

Date: 1990

Reference: 1990 Chapter 8 [Full text]

General Description:

Under this act (except in London and other Metropolitan areas) a development plan as produced by the local planning authority has two parts, the structure plan drawn up by the county council and a local plan drawn up by the district council.

The structure plan:

  1. States the policies and general proposals for the development and other use of land in its area;
  2. Takes account of the policies at national and regional level insofar as they affect the physical and environmental planning of its area; and
  3. Provides the framework for local plans.

The local plan:

  1. Develops the policies and general proposals of the structure plan and relates them to a precise area of land;
  2. Provides a detailed basis for development control; and
  3. Brings local planning issues before the public.

In Metropolitan areas that do not have country councils a unitary plan is drawn up which consists of part (i) and (ii), and these resemble the structure & local plans, respectively. Under this act development is defined as the carrying out of any building, engineering, mining or other operations in, on and over or under land or the making of any material change in the use of any building or other land. Under this act there are three categories of development that do not require planning permission:

  1. Certain building, engineering or other similar operations which are specifically excluded from the definition of development by s 55(2); an example being the use of land and buildings for agriculture or forestry;
  2. Types of development which are permitted either under the Town and Country Planning Act 1990 itself or by a general consent laid down in the General Development Order 1988 as amended; examples include development by the Crown, most mining operations and developments in planning zones and enterprise zones;
  3. In relation to change of certain buildings these restrictions are exempted, this includes, for example the change of an industrial building from say a grocers to a hair salon.

For the purpose of this act a mining operation includes:

a. The removal of material of any description-

    1. from a mineral-working deposit;
    2. from a deposit of pulverised fuel ash or other furnace ash or clinker; or
    3. from a deposit of iron, steel or other metallic slags; and

b The extraction of minerals from a disused railway embankment.

Pertinence to Agriculture: Agricultural land, Buildings

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