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| Planning and Compensation Act 1991 | |
|---|---|
| Short title | Planning and Compensation Act 1991 |
| Type | Act |
| Parliament | Parliament of the United Kingdom |
| Long title | An Act to amend the law about planning and compensation |
| Year | 1991 |
| Citation | 1991 c.34 |
| Royal assent | 1991 |
Planning and Compensation Act 1991 The Planning and Compensation Act 1991 is an Act of the Parliament of the United Kingdom that reformed aspects of Town and Country Planning Act 1990, Compulsory Purchase Act 1965, and related statutory regimes, influencing spatial regulation across England, Wales and, to an extent, Scotland. The Act was introduced amid debates involving the Secretary of State for the Environment, the Conservative Party (UK), local planning authorities such as London Borough of Westminster and national bodies including the Royal Town Planning Institute, reshaping procedures for appeals, compensation and development control.
The legislative origins trace to policy papers from the Department of the Environment (UK), responses from the Royal Institute of British Architects, reports by the Audit Commission and white papers debated in the House of Commons, culminating in a bill scrutinised by committees chaired by members of the House of Lords and the House of Commons Select Committee on Environment. Influential contemporaneous events included reforms promoted by the Prime Minister (UK) and ministers associated with the John Major ministry, consultations with the Association of Metropolitan Authorities and casework exemplified by disputes in boroughs like Manchester and Bristol. Royal assent followed standard procedure at Buckingham Palace after readings and amendments in both Houses.
The Act amended provisions in the Town and Country Planning Act 1990 relating to planning appeals, time limits and enforcement, adjusted compensation rules under the Compulsory Purchase Act 1965 and refined procedures for planning inquiries involving the Planning Inspectorate (England) and the Planning Inspectorate (Wales). It introduced measures affecting third-party rights recognised by tribunals such as the Land Tribunal (Northern Ireland) and courts including the High Court of Justice and the Court of Appeal of England and Wales, and altered statutory frameworks used by local authorities like Birmingham City Council and Glasgow City Council when handling development proposals and notices.
Subsequent amendments intersected with the Town and Country Planning (Scotland) Act 1997, the Planning and Compulsory Purchase Act 2004, and adjustments under the Localism Act 2011 and the Planning Act 2008. European-influenced directives implemented through the Environmental Impact Assessment Regulations and rulings from the European Court of Justice also affected interpretation, as did later guidance from the Department for Communities and Local Government and policy shifts under administrations led by figures such as Tony Blair and David Cameron. Case law from the House of Lords and later the Supreme Court of the United Kingdom prompted legislative and regulatory responses.
Practitioners at firms like Royal HaskoningDHV and consultancies advising public bodies such as the Homes and Communities Agency adapted to changes in appeal timescales, compensation calculation and procedural rules, affecting development projects in regions including Greater London, West Midlands and South Wales. Professional bodies — the Royal Town Planning Institute, the Law Society of England and Wales and the British Property Federation — updated guidance used by planners, surveyors and solicitors in disputes brought before tribunals like the First-tier Tribunal (Property Chamber) and courts such as the High Court of Justice (Queen's Bench Division). The Act influenced outcomes in major schemes involving transport authorities like Transport for London and regeneration projects by entities including the Homes England precursor organisations.
Judicial interpretation in notable cases heard by the Court of Appeal of England and Wales, the House of Lords and later the Supreme Court of the United Kingdom clarified provisions on compensation, retrospective planning decisions and procedural fairness; such decisions drew on precedent from cases involving the European Court of Human Rights, principles articulated in judgments from the Administrative Court and equity doctrines applied by the Chancery Division. Landmark rulings that referenced the Act informed doctrine relied upon in disputes on compulsory purchase by bodies like Network Rail and development corporations such as the London Docklands Development Corporation.
Implementation has been administered by the Ministry of Housing, Communities and Local Government and devolved administrations in Wales and Scotland, with oversight functions performed by the Planning Inspectorate and local planning authorities including Leeds City Council and Edinburgh City Council. Training and compliance initiatives involving the Royal Institution of Chartered Surveyors, the National Audit Office and continuing professional development programmes for planners, lawyers and surveyors ensured operationalisation of the Act across development management, compulsory purchase and appeals systems.
Category:United Kingdom Acts of Parliament 1991