First Previous (PART II. Miscellaneous Amendments of the Principal Act)

11 1939

TOWN AND REGIONAL PLANNING (AMENDMENT) ACT, 1939

PART III.

Road Plans

Definitions for the purposes of Part III.

19. —(1) In this Part of this Act—

the expression “restricted development provision” means a provision contained under this Part of this Act in a planning scheme in relation to any specified land in the area to which such planning scheme relates that the development of such land wholly or mainly by the erection of buildings of one or more specified classes shall be restricted; the word “development” when used without qualification means the development of land wholly or mainly by the erection of buildings of the class or of any one or more of the classes specified in the relevant restricted development provision.

(2) For the purposes of this Part of this Act the development of any land shall be deemed to have been begun if and when the erection on such land of any building of the class or of any of the classes specified in the relevant restricted development provision has been begun.

Restricted development provisions.

20. —(1) A planning scheme may contain a restricted development provision.

(2) Where a planning scheme contains a restricted development provision the development of any land to which such provision relates shall be a contravention of such provision unless a road plan is for the time being in force in relation to such land and such development is carried out in conformity with such road plan.

(3) The Principal Act shall be construed and have effect as if sub-section (1) of section 30 thereof provided that a planning scheme may, in addition to the declarations mentioned in that sub-section, contain a declaration that no compensation shall be payable under the Principal Act on account of or arising from the coming into operation of a specified restricted development provision contained in such planning scheme.

Submission and contents of road plans.

21. —(1) Where a planning scheme contains a restricted development provision, the owner of any land to which such provision relates may, if he so thinks fit, prepare and submit in duplicate to the responsible authority a scheme or plan (in this Part of this Act referred to as a road plan) regulating the improvement of existing roads on such land or the construction of new roads on such land or both such improvement and such construction.

(2) The following provisions shall have effect in relation to road plans, that is to say:—

(a) a road plan which provides for the improvement of an existing road on the land to which such road plan relates may regulate the nature of such improvement;

(b) a road plan which provides for the construction of a new road on the land to which such road plan relates may regulate the situation and nature of such road;

(c) a road plan may prohibit the making, without the consent of the responsible authority, of any improvement at all or any particular improvement of a particular existing road on the land to which such road plan relates;

(d) a road plan may prohibit the construction, without the consent of the responsible authority, of any new road whatever or any particular new road on the land to which such road plan relates.

(3) Where a road plan provides for the construction of a new road or the improvement of an existing road on the land to which such road plan relates, such road plan may provide that, if the appropriate local authority charged with the construction and maintenance of roads so consents, such construction or improvement shall be carried out by such local authority and that thereupon a sum equal to the whole or a specified part of the cost of such construction or improvement shall be paid by the owner of such land to such local authority.

(4) Where, between the coming into operation of a planning scheme and the coming into force of a road plan, a new road has been constructed by a local authority on the land to which such road plan relates or an existing road on such land has been improved by a local authority and the development of such land has, in the opinion of the responsible authority, been facilitated or rendered less costly by such construction or improvement, such road plan may provide that a sum equal to the whole or a specified part of the cost of such construction or improvement shall be paid by the owner of such land to such local authority.

(5) In this section references to roads or a road on particular land shall be construed as including roads or a road partly on such land and roads or a road contiguous to or in the immediate neighbourhood of such land.

Affected land notice.

22. —(1) Where a road plan is submitted to a responsible authority in respect of any land and such responsible authority is of opinion that the development of such land in conformity with such road plan would affect the development of any other land, such responsible authority shall give to the owner of such other land notice (in this Part of this Act referred to as an affected land notice) in the prescribed form of such road plan having been so submitted.

(2) Where an affected land notice is given by a responsible authority the following provisions shall have effect, that is to say:—

(a) such responsible authority shall permit the person to whom such notice was given to inspect (either personally or by an agent) the road plan to which such notice relates at all reasonable times during the prescribed period after the giving of such notice;

(b) such person may, during the said prescribed period, make in writing to such responsible authority such (if any) representations as he thinks proper in respect of such road plan;

(c) such responsible authority shall not make any decision under the next following section of this Act in respect of such road plan until the said prescribed period has expired and shall, in case such person makes any representations under and in accordance with the immediately preceding paragraph of this sub-section, have regard to such representations when making such decision.

Decision by responsible authority on road plan.

23. —(1) A responsible authority shall make one of the following decisions on every road plan submitted to them, that is to say:—

(a) assent to such road plan without modification, or

(b) modify (whether by addition, omission, or variation) such road plan in such manner as such responsible authority shall think proper and assent to such road plan as so modified, or

(c) refuse to assent to such road plan.

(2) Where a responsible authority fails to make a decision under this section on a road plan before the expiration of—

(a) in case such responsible authority gives an affected land notice in respect to such road plan to any person, three months from the date of the submission of such road plan to such responsible authority, or

(b) in any other case, two months from the said date,

such responsible authority shall be deemed, to have decided on the last day of the said period of three months or two months (as the case may be) to assent to such road plan without modification.

Appeals.

24. —(1) Within the prescribed time after a responsible authority has made or is deemed to have made a decision on a road plan submitted to them, any person aggrieved by such decision may appeal against such decision to the Minister, and thereupon the Minister shall either confirm or annul such decision.

(2) Where, on an appeal under this section, the Minister annuls the decision of the responsible authority, the Minister shall make such decision on the road plan to which such appeal relates as he shall think proper and could have been made under this Part of this Act by such responsible authority.

(3) The determination by the Minister of an appeal under this section shall be final.

Coming into force of road plan.

25. —(1) Where a road plan is assented to (with or without modification) or is deemed to be assented to by the responsible authority to whom it is submitted and no appeal to the Minister consequent upon such assent is taken within the prescribed time, such road plan, as assented to or as deemed to be assented to by such responsible authority, shall come into force upon the expiration of the said prescribed time.

(2) Where the Minister, on an appeal in respect of a road plan, assents (either by confirmation of the assent of the responsible authority to whom such road plan was submitted or by his own decision and either with or without modification) to such road plan such road plan, as assented to by him, shall come into force on the day after the day on which such assent is given.

Changes in road plan.

26. —(1) If, by reason of circumstances arising after a road plan (including a road plan prepared under this section) has come into force, such road plan requires to be changed, the owner of the land to which such road plan relates may prepare another road plan in relation to such land in substitution for such first-mentioned road plan.

(2) This Part of this Act shall apply to a road plan prepared under this section in relation to any land in like manner as if it were the first road plan prepared in relation to such land.

(3) When a road plan prepared under this section comes into force, the road plan which was in force immediately previously in relation to the same land shall cease to be in force.

Power of responsible authority to require carrying out of road plan.

27. —(1) Whenever a road plan has come into force and development of the land to which such road plan relates has begun, the responsible authority may serve on the owner of such land by whose authority such development has begun (in this section referred to as the developing owner) a notice requiring the carrying out, to a specified extent and within a specified time (not being less than six weeks) after the coming into force of such notice, of one or more specified provisions of such road plan.

(2) Where a notice has been served under this section, the developing owner may, not later than fourteen days after such notice is served, appeal to the Minister against such notice and the Minister on such appeal may—

(a) confirm such notice without modification, or

(b) modify such notice by extending the time specified in such notice for compliance therewith and confirm such notice as so modified, or

(c) in case he is satisfied that it is reasonable to postpone compliance with such notice until the development of the land to which such notice relates has proceeded further, annul such notice.

(3) A notice under this section shall come into force fourteen days after it is served or, where an appeal is taken under this section against such notice and such notice is not annulled on such appeal, on the determination of such appeal.

(4) Where a notice under this section is in force and is not complied with within the time specified in that behalf in such notice or, where such time has been extended on appeal under this section, within such time as so extended, the following provisions shall have effect, that is to say:—

(a) if such notice requires the construction or improvement of any road or portion of a road on the land to which the relevant road plan relates, the responsible authority may itself carry out such construction or improvement and for that purpose may enter upon such land;

(b) if such notice requires the payment of a sum of money to a local authority, such sum, in default of payment, shall be recoverable as a simple contract debt in any court of competent jurisdiction and shall, as on and from the coming into force of such notice, be a charge on the estate of the developing owner in the land to which such notice relates;

(c) until such notice is complied with or enforced under this sub-section, the beginning or continuation of the erection on the land to which the relevant road plan relates of any building of the class or of any of the classes specified in the relevant restricted development provision shall be a contravention of such provision;

(d) whenever the responsible authority in exercise of a power conferred by this sub-section has done any work or thing on or in respect of any structure or any land, the responsible authority shall be entitled to be paid by and to recover (as a simple contract debt in any court of competent jurisdiction) from the developing owner all expenses reasonably incurred by the responsible authority in doing the said work or thing so done as aforesaid, and

(e) all moneys recoverable under this sub-section by the responsible authority in respect of expenses incurred by them shall, immediately upon completion of the work or thing in the doing of which such expenses were so incurred, become and be a charge on the estate of the developing owner on the land on which such work or thing was done or, in the case of any work or thing done on or to a structure, in such structure (if and so far as it still exists) and in the rateable hereditament or tenement consisting of or including such land or structure.

Retention, registration and supply of copies of road plan.

28. —(1) Every road plan for the time being in force shall be retained in the prescribed manner by the responsible authority to whom it was submitted and shall be kept open by such responsible authority for the inspection of persons interested therein at the prescribed times and places.

(2) Where a road plan has come into force or has ceased to be in force, an entry to that effect shall be made in the register by the responsible authority to whom such road plan was submitted.

(3) A copy of any road plan for the time being in force shall be supplied to any person interested therein by the responsible authority to whom such road plan was submitted on payment of such fee not exceeding five shillings as such responsible authority thinks reasonable.

Construction and improvement of private roads by local authority.

29. —A local authority charged with the construction and maintenance of roads may, in pursuance of a road plan and at the cost of an owner of land, construct any new road or improve any existing road (whether it is or is not a public road) on such land, and such road shall not be deemed to be a public road by reason only of such construction or improvement.

Proof of the contents and operation of road plans.

30. —A document which purports to be a copy of a road plan or of an extract from a road plan and which has endorsed thereon a certificate (purporting to be signed by the chief executive officer of the planning authority to which such road plan was submitted) stating that such document is a true copy of such road plan or a true and correct extract therefrom and that such road plan was in force on the date of such certificate shall, without proof of the signature of such chief executive officer or that he was in fact such chief executive officer, be evidence (until the contrary is proved) in every court and in all legal proceedings of such road plan or of such extract therefrom (as the case may be) and of the fact that such road plan is in force.

Repeal of paragraph 5 of Part I of the Second Schedule to the Principal Act.

31. —Paragraph 5 of Part I of the Second Schedule to the Principal Act is hereby repealed.