TCPA 1990 practical guidance index

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This Overview signposts practical guidance on the Town and Country Planning Act 1990 (TCPA 1990), linking to materials on core procedures, remedies and key interactions with secondary legislation.

The TCPA 1990 is the principal statute for development management and enforcement in England and Wales. It sets the legal basis for the requirement for planning permission, permitted development, the use and variation of conditions, planning obligations and enforcement powers. Practitioners should read its provisions with the Development Management Procedure Order and the General Permitted Development Order, noting England/Wales divergence.

Key topics include the definition of “development” (section 55), the need for permission (section 57), and mechanisms to amend permitted schemes (sections 73 and 96A), including retrospective applications (section 73A). Decision - making sits within the development plan framework. Conditions and obligations require attention to statutory vires, recognised tests, and modification or discharge (sections 106 and 106A).

The content covers appeals under section 78 and called - in or recovered cases determined by the Secretary of State, administered by the Planning Inspectorate. Enforcement guidance addresses planning contravention notices (section 171C), enforcement and stop notices (sections 172 and 183), lawful...

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