Last amended by Levelling-up and Regeneration Act 2023 in 2023. Reformed plan-making with National Development Management Policies and introduced the Infrastructure Levy.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Town and Country Planning Act 1990 (TCPA) is the principal statute governing town and country planning in England and Wales. It requires planning permission for development of land, establishes the development plan system, and provides for enforcement of planning control. It underpins virtually all decisions about what can be built and where.
Key Points
- Definition of 'development' requiring planning permission (s.55)
- Requirement to obtain planning permission for development (s.57)
- Determination in accordance with the development plan unless material considerations indicate otherwise (s.70 and s.38(6) PCPA 2004)
- Planning conditions and planning obligations (s.106 agreements)
- Enforcement notices and stop notices (ss.172–183)
- Appeals to the Planning Inspectorate (s.78)
- Section 106 agreements — planning obligations to secure community benefits
- Listed buildings and conservation areas governed by associated 1990 legislation
Parts & Sections
Amendments History
2004 — Planning and Compulsory Purchase Act 2004
Reformed the development plan system, introduced local development frameworks, and inserted the s.38(6) plan-led presumption.
2011 — Localism Act 2011
Introduced neighbourhood planning, community right to build orders, and reformed the community infrastructure levy.
2023 — Levelling-up and Regeneration Act 2023
Reformed plan-making with National Development Management Policies and introduced the Infrastructure Levy.
Frequently asked questions
- What is the main purpose of the Town and Country Planning Act 1990?
- The Town and Country Planning Act 1990 is the principal statute governing town and country planning in England and Wales. It requires planning permission for land development, establishes the development plan system, and provides for the enforcement of planning control. This legislation underpins virtually all decisions regarding what can be built and where it can be located.
- What counts as 'development' under the planning legislation?
- Under the Act, development is defined as carrying out building, engineering, mining, or other operations in, on, over, or under land. It also includes making any material change in the use of buildings or other land. This broad definition determines which activities require planning permission before they can proceed.
- Do I need planning permission for any development on my land?
- Yes, planning permission is required for the carrying out of any development of land. The Act establishes this requirement to ensure that changes to land use or physical structures are controlled. This permission is a fundamental part of the planning process in England and Wales.
- How are planning applications usually decided?
- Planning applications are generally determined in accordance with the development plan, unless material considerations indicate otherwise. This principle was reinforced by the Planning and Compulsory Purchase Act 2004, which reformed the development plan system and introduced a plan-led presumption for decision-making.
- What happens if I disagree with a planning decision?
- If a planning decision is disputed, there is a provision for appeals to the Planning Inspectorate. This allows applicants to challenge decisions made by local planning authorities. The Act also includes provisions for enforcement notices and stop notices to address unauthorized development.
- What are Section 106 agreements?
- Section 106 agreements are planning obligations used to secure community benefits from development. They are part of the broader framework for planning conditions and obligations. Other recent legislation, such as the Levelling-up and Regeneration Act 2023, has also introduced the Infrastructure Levy to fund infrastructure needs.