The Planning and Compensation Act 1991 was an

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...

in the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...

to amend the law relating to

town and country planning Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own ...

. It was intended to extend the powers to acquire by agreement land which may be affected by carrying out

public works Public works are a broad category of infrastructure projects, financed and constructed by the government, for recreational, employment, and health and safety uses in the greater community. They include public buildings ( municipal buildings, sc ...

, 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 The Highways Act 1980 (1980 c.66) is an Act of the Parliament of the United Kingdom dealing with the management and operation of the road network in England and Wales. It consolidated with amendments several earlier pieces of legislation. Man ...

Background

The Act was intended to implement recommendations derived from a report by Mr Robert Carnwath QC for

HMSO The Office of Public Sector Information (OPSI) is the body responsible for the operation of His Majesty's Stationery Office (HMSO) and of other public information services of the United Kingdom. The OPSI is part of the National Archives of the Un ...

and proposals from a consultation which was published by the Department of the Environment in July 1989.

Planning provisions

This Act created two new procedures for a

local planning authority A local planning authority (LPA) is the local government body that is empowered by law to exercise urban planning functions for a particular area. They exist in the United Kingdom and India. United Kingdom Mineral planning authorities The role ...

to enforce breaches of

planning permission Planning permission or developmental approval refers to the approval needed for construction or expansion (including significant renovation), and sometimes for demolition, in some jurisdictions. It is usually given in the form of a building perm ...

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. 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 An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...

. The property owner cannot appeal this notice and can face criminal charges for non-compliance. The new power in section 3 to apply to the High Court or

County Court A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...

for an injunction in the case of a breach of planning control extends the power in section 222 of the

Local Government Act 1972 The Local Government Act 1972 (c. 70) is an Act of the Parliament of the United Kingdom that reformed local government in England and Wales on 1 April 1974. It was one of the most significant Acts of Parliament to be passed by the Heath Gov ...

Compensation provisions

Section 31 of the Act repealed the Unexpended Balance of Development Value Rules.

References

United Kingdom Acts of Parliament 1991 United Kingdom planning law English property law Eminent domain {{UK-planning-stub