Town and Country Planning Act 1947
Encyclopedia
The Town and Country Planning Act 1947 (10 & 11 Geo. VI c. 51) was an Act of Parliament
in the United Kingdom
passed by the post-war Labour government. It came into effect on 1 July 1948, and along with the Town and Country Planning (Scotland) Act 1947 was the foundation of modern town and country planning in the United Kingdom
.
The most fundamental requirement of the legislation was to establish that planning permission
was required for land development; ownership alone no longer conferred the right to develop the land. To control this, the Act reorganised the planning system from the 1,400 existing planning authorities to 145 (formed from county and borough councils), and required them all to prepare a comprehensive development plan.
These local authorities were given wide-ranging powers in addition to approval of planning proposals; they could carry out redevelopment of land themselves, or use compulsory purchase orders to buy land and lease it to private developers. They were also given powers to control outdoor advertising, and to preserve woodland or buildings of architectural or historic interest - the latter the beginning of the modern listed building system.
The Act provided that all development values were vested in the state, with £300,000,000 set aside for compensation of landowners. Any land would be purchased by a developer at its existing-use value; after permission to develop was granted, the developer would be assessed a "development charge" based on the difference between the initial price and the final value of the land. This charge was not payable in all cases - for example, cottages for agricultural workers, or limited enlargements to houses, were exempt. These charges were theoretically assessed by the Central Land Board, but it was intended that local district valuers would work with developers to agree a fair value; it was reported in 1949 that "where [a charge] is payable, the amount has been agreed by the developer in over 95 per cent of the cases". Where the landowner refused to sell land at the "undeveloped" price, the Central Land Board had authority to purchase it compulsorily and resell it to the developer.
In order to assist local authorities to carry out major redevelopment, the Act provided for extensive government grants. The Treasury would pay 50% to 80% of the annual expenditure for the first five years, depending on the financial situation of the authority; in exceptional cases, this could be increased to eight years. In areas of significant war damage, the rate was set at 90% of expenditure. After this initial period grants would continue, at a lower rate (50% in war-damaged areas, variable for others), for sixty years. Local authorities were given the power to raise loans to pay for this redevelopment, repayable over the same sixty-year period. Grants of 20-50% were available for related expenditure, such as the cost of acquiring land outside the main redevelopment areas.
Later revisions of the Act were legislated in 1962, 1984 and 1990.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
passed by the post-war Labour government. It came into effect on 1 July 1948, and along with the Town and Country Planning (Scotland) Act 1947 was the foundation of modern town and country planning in the United Kingdom
Town and country planning in the United Kingdom
Town and Country Planning is the land use planning system governments use to balance economic development and environmental quality. Each country of the United Kingdom has its own planning system that is responsible for town and country planning devolved to the Northern Ireland Assembly, the...
.
The most fundamental requirement of the legislation was to establish that planning permission
Planning permission
Planning permission or planning consent is the permission required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. Within the UK the occupier of any land or building will need title to that land or building , but will also need "planning...
was required for land development; ownership alone no longer conferred the right to develop the land. To control this, the Act reorganised the planning system from the 1,400 existing planning authorities to 145 (formed from county and borough councils), and required them all to prepare a comprehensive development plan.
These local authorities were given wide-ranging powers in addition to approval of planning proposals; they could carry out redevelopment of land themselves, or use compulsory purchase orders to buy land and lease it to private developers. They were also given powers to control outdoor advertising, and to preserve woodland or buildings of architectural or historic interest - the latter the beginning of the modern listed building system.
The Act provided that all development values were vested in the state, with £300,000,000 set aside for compensation of landowners. Any land would be purchased by a developer at its existing-use value; after permission to develop was granted, the developer would be assessed a "development charge" based on the difference between the initial price and the final value of the land. This charge was not payable in all cases - for example, cottages for agricultural workers, or limited enlargements to houses, were exempt. These charges were theoretically assessed by the Central Land Board, but it was intended that local district valuers would work with developers to agree a fair value; it was reported in 1949 that "where [a charge] is payable, the amount has been agreed by the developer in over 95 per cent of the cases". Where the landowner refused to sell land at the "undeveloped" price, the Central Land Board had authority to purchase it compulsorily and resell it to the developer.
In order to assist local authorities to carry out major redevelopment, the Act provided for extensive government grants. The Treasury would pay 50% to 80% of the annual expenditure for the first five years, depending on the financial situation of the authority; in exceptional cases, this could be increased to eight years. In areas of significant war damage, the rate was set at 90% of expenditure. After this initial period grants would continue, at a lower rate (50% in war-damaged areas, variable for others), for sixty years. Local authorities were given the power to raise loans to pay for this redevelopment, repayable over the same sixty-year period. Grants of 20-50% were available for related expenditure, such as the cost of acquiring land outside the main redevelopment areas.
Later revisions of the Act were legislated in 1962, 1984 and 1990.