Housing and Planning Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 146 — Secretary of State's default powers
Secretary of State's default powers 146 For section 27 of the Planning and Compulsory Purchase Act 2004 substitute— Secretary of State's default powers 27 1 This section applies if the Secretary of…
Section 147 — Default powers exercisable by Mayor of London or combined authority
Default powers exercisable by Mayor of London or combined authority 147 1 After section 27 of the Planning and Compulsory Purchase Act 2004 insert— Default powers exercisable by Mayor of London or…
Section 148 — Costs of independent examinations held by Secretary of State
Costs of independent examinations held by Secretary of State 148 1 Section 303A of the Town and Country Planning Act 1990 (responsibility of local planning authorities for costs of holding certain…
Section 149 — Planning powers of the Mayor of London
Planning powers of the Mayor of London 149 1 In section 2A of the Town and Country Planning Act 1990 (power of Mayor of London to decide applications of potential strategic importance), in subsection…
Section 150 — Permission in principle for development of land
Permission in principle for development of land 150 1 After section 58 of the Town and Country Planning Act 1990 insert— Permission in principle Permission in principle: general 58A 1 Permission in…
Section 151 — Local planning authority to keep register of particular kinds of land
Local planning authority to keep register of particular kinds of land 151 1 In Part 2 of the Planning and Compulsory Purchase Act 2004 (local development), after section 14 insert— Register Register…
Section 152 — Approval condition where development order grants permission for building
Approval condition where development order grants permission for building 152 1 In section 60 of the Town and Country Planning Act 1990 (permission granted by development order), after subsection (1)…
Section 153 — Planning applications that may be made directly to Secretary of State
Planning applications that may be made directly to Secretary of State 153 1 In section 62A of the Town and Country Planning Act 1990 (when application may be made directly to Secretary of State), in…
Section 154 — Planning freedoms: right for local areas to request alterations to planning system
Planning freedoms: right for local areas to request alterations to planning system 154 1 If the following conditions are met, the Secretary of State may by regulations make a planning freedoms…
Section 155 — Local planning authorities: information about financial benefits
Local planning authorities: information about financial benefits 155 After section 75 of the Town and Country Planning Act 1990 insert— Information in planning reports for local planning authorities…
Section 156 — Local planning authorities: information about neighbourhood development plans
Local planning authorities: information about neighbourhood development plans 156 After section 75ZA of the Town and Country Planning Act 1990 (inserted by section 155 above) insert— Information…
Section 157 — Planning applications etc: setting of fees
Planning applications etc: setting of fees 157 In section 303 of the Town and Country Planning Act 1990 (fees for planning applications etc), after subsection (8) insert— 8A If a draft of regulations…
Section 158 — Resolution of disputes about planning obligations
Resolution of disputes about planning obligations 158 1 After section 106 of the Town and Country Planning Act 1990 (planning obligations) insert— Resolution of disputes about planning obligations…
Section 159 — Planning obligations and affordable housing
Planning obligations and affordable housing 159 1 After section 106ZA of the Town and Country Planning Act 1990 (inserted by section 158 above) insert— Enforceability of planning obligations…
Section 160 — Development consent for projects that involve housing
Development consent for projects that involve housing 160 1 Section 115 of the Planning Act 2008 (development for which development consent may be granted) is amended as follows. 2 At the end of…
Section 161 — Processing of planning applications by alternative providers
Processing of planning applications by alternative providers 161 1 The Secretary of State may by regulations provide for temporary arrangements in particular areas in England to test the practicality…
Section 162 — Regulations under section 161: general
Regulations under section 161: general 162 1 Regulations under section 161 may— a require a designated person (subject to any specified exceptions) to process an application for planning permission…
Section 163 — Regulations under section 161: fees and payments
Regulations under section 161: fees and payments 163 1 Regulations under section 161 may make provision about— a the setting, publication and charging of fees by designated persons or responsible…
Section 164 — Regulations under section 161: information
Regulations under section 161: information 164 1 Regulations under section 161 may make provision— a requiring responsible planning authorities to disclose information to designated persons; b…
Section 165 — Review of minimum energy performance requirements
Review of minimum energy performance requirements 165 After section 2B of the Building Act 1984 insert— Duty to review minimum energy performance requirements Review of minimum energy performance…
Section 166 — Designation of urban development areas: procedure
Designation of urban development areas: procedure 166 1 Section 134 of the Local Government, Planning and Land Act 1980 (urban development areas) is amended as follows. 2 After subsection (1) insert—…
Section 167 — Establishment of urban development corporations: procedure
Establishment of urban development corporations: procedure 167 1 Section 135 of the Local Government, Planning and Land Act 1980 (urban development corporations) is amended as follows. 2 After…
Section 168 — Sections 166 and 167: consequential repeals
Sections 166 and 167: consequential repeals 168 In the Deregulation Act 2015, omit sections 46 and 47.
Section 169 — Designation of new town areas and establishment of corporations: procedure
Designation of new town areas and establishment of corporations: procedure 169 1 The New Towns Act 1981 is amended as follows. 2 In section 1 (designation of areas)— a after subsection (3) insert— 3A…
Section 169A — Registered societies: change of rules
Registered societies: change of rules 169A A non-profit registered provider that is a registered society must notify the regulator of any change to the society's rules.
Section 169B — Charity: change of objects
Charity: change of objects 169B The trustees of a registered charity that is a non-profit registered provider must notify the regulator of any amendment to the charity's objects.
Section 169C — Companies: change of articles etc
Companies: change of articles etc 169C A non-profit registered provider that is a registered company must notify the regulator of— a any amendment of the company's articles of association, b any…
Section 169D — Directions about notifications
Directions about notifications 169D 1 The regulator may give directions about— a the period within which notifications under sections 160 to 165 or 169A to 169C must be given by private registered…
Section 170 — New towns: objects of development corporations in England
New towns: objects of development corporations in England 170 In section 4 of the New Towns Act 1981 (objects and general powers of development corporations), after subsection (1) insert— 1A In…
Section 171 — Sustainable drainage
Sustainable drainage 171 The Secretary of State must carry out a review of planning legislation, government planning policy and local planning policies concerning sustainable drainage in relation to…
Section 172 — Right to enter and survey land
Right to enter and survey land 172 1 A person authorised in writing by an acquiring authority may enter and survey or value land in connection with a proposal to acquire an interest in or a right…
Section 173 — Warrant authorising use of force to enter and survey land
Warrant authorising use of force to enter and survey land 173 1 A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred by section 172(1)…
Section 174 — Notice of survey and copy of warrant
Notice of survey and copy of warrant 174 1 The acquiring authority must give every owner or occupier of land at least 14 days' notice before the first day on which the authority intends to enter the…
Section 175 — Enhanced authorisation procedures etc. for certain surveys
Enhanced authorisation procedures etc. for certain surveys 175 1 A written authorisation from the appropriate Minister is required before a person enters and surveys or values land in exercise of the…
Section 176 — Right to compensation after entry on or survey of land
Right to compensation after entry on or survey of land 176 1 A person interested in land is entitled to compensation from the acquiring authority for damage as a result of the exercise of the power…
Section 177 — Offences in connection with powers to enter land
Offences in connection with powers to enter land 177 1 A person who without reasonable excuse obstructs another person in the exercise of the power conferred by section 172 commits an offence. 2 A…
Section 178 — Right to enter and survey or value Crown land
Right to enter and survey or value Crown land 178 1 Sections 172 to 177 apply in relation to Crown land. 2 But a person may only exercise the power conferred by section 172 in relation to Crown land…
Section 179 — Amendments to do with sections 172 to 178
Amendments to do with sections 172 to 178 179 Schedule 14 amends legislation conferring rights of entry relating to the acquisition of an interest in or a right over land in England and Wales.
Section 180 — Timetable for confirmation of compulsory purchase order
Timetable for confirmation of compulsory purchase order 180 After section 14A of the Acquisition of Land Act 1981 (confirmation by acquiring authorities) insert— Timetables for confirmation of CPOs…
Section 181 — Confirmation by inspector
Confirmation by inspector 181 1 The Acquisition of Land Act 1981 is amended as follows. 2 After section 14C (inserted by section 180 of this Act), insert— Power to appoint inspector 14D 1 A…
Section 182 — Time limits for notice to treat or general vesting declaration
Time limits for notice to treat or general vesting declaration 182 1 For section 4 of the Compulsory Purchase Act 1965 substitute— Time limit for giving notice to treat 4 A notice to treat may not be…
Section 183 — Notice of general vesting declaration procedure
Notice of general vesting declaration procedure 183 Schedule 15 changes the notice requirements for general vesting declarations.
Section 184 — Earliest vesting date under general vesting declaration
Earliest vesting date under general vesting declaration 184 In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (execution of declaration vesting land at the end of a period of…
Section 185 — No general vesting declaration after notice to treat
No general vesting declaration after notice to treat 185 In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (execution of declaration), after subsection (1) insert— 1A But an…
Section 186 — Extended notice period for taking possession following notice to treat
Extended notice period for taking possession following notice to treat 186 1 The Compulsory Purchase Act 1965 is amended as follows. 2 In section 11 (powers of entry)— a in subsection (1)— i for “not…
Section 187 — Counter-notice requiring possession to be taken on specified date
Counter-notice requiring possession to be taken on specified date 187 1 The Compulsory Purchase Act 1965 is amended as follows. 2 In section 11 (powers of entry), after subsection (1B) (inserted by…
Section 188 — Agreement to extend notice period for possession following notice to treat
Agreement to extend notice period for possession following notice to treat 188 In section 11 of the Compulsory Purchase Act 1965 (powers of entry), after subsection (1C) (inserted by section 187 of…
Section 189 — Corresponding amendments to the New Towns Act 1981
Corresponding amendments to the New Towns Act 1981 189 1 Schedule 6 to the New Towns Act 1981 (modification of compulsory purchase legislation as applied for the purposes of the Act) is amended as…
Section 190 — Abolition of alternative possession procedure following notice to treat
Abolition of alternative possession procedure following notice to treat 190 Schedule 16 abolishes the alternative procedure for taking possession of land under section 11(2) of, and Schedule 3 to,…
Section 191 — Extended notice period for taking possession following vesting declaration
Extended notice period for taking possession following vesting declaration 191 In section 9 of the Compulsory Purchase (Vesting Declarations) Act 1981 (minor tenancies and tenancies about to expire),…