Town and Country Planning Act · 2022 Revised Edition · Part · Enforcement
33. Power to require information about activities on land
Official textFrom Attorney General's Chambers, unchanged
Where it appears to the Planning Authority that there may have been a breach of planning control in respect of any land, he may serve an information notice on any person who —
Planning Authority
“Planning Authority”, in relation to this Act or any Part or provision of this Act, means the person or persons appointed under section 6(1) to be responsible for the operation of this Act or that Part or provision;
is an owner or occupier of the land or has any other interest in the land; or
is carrying out operations on the land or is using the land for any purpose.
An information notice may require the person on whom it is served to give such information as may be specified in the notice relating to —
information notice
“information notice” has the meaning assigned to it in section 33;
any operations being carried out on the land, any use of the land and any other activities being carried out on the land; and
any matter relating to the conditions subject to which any planning permission or conservation permission in respect of the land has been granted.
Town and Country Planning
In particular, an information notice may require the person on whom it is served —
to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land;
to state when any use, operations or activities began;
to give the name and address of any person known to him to use or have used the land for any purpose, or to be carrying out or have carried out any operations or activities on the land;
to give any information he holds as to any planning permission or conservation permission for any use or operations or any reason for planning permission or conservation permission not being required for any use or operations;
to state the nature of his interest (if any) in the land and the name and address of any other person known to him to have an interest in the land.
An information notice shall be complied with by giving the required information in writing to the Planning Authority.
The service of an information notice does not affect any other power exercisable in respect of any breach of planning control.
breach of planning control
“breach of planning control” means — (a) the carrying out of any development of land without the requisite planning permission; (b) the carrying out of works in a conservation area without the requisite conservation permission; or (c) any failure to comply with any condition subject to which planning permission or conservation permission was granted;
In this section, any reference to operations or activities on land shall include a reference to operations or activities in, under or over the land and includes works in a conservation area.
land
“land” includes buildings, land covered by water and any estate or interest in or right over land;
Terms defined in s 2
breach of planning control
Defined · s 2“breach of planning control” means — (a) the carrying out of any development of land without the requisite planning permission; (b) the carrying out of works in a conservation area without the requisite conservation permission; or (c) any failure to comply with any condition subject to which planning permission or conservation permission was granted;
conservation area
Defined · s 2“conservation area” means an area designated by the Minister in accordance with sections 5, 17 and 20;
conservation permission
Defined · s 2“conservation permission” means permission referred to in section 23(4);
information notice
Defined · s 2“information notice” has the meaning assigned to it in section 33;
land
Defined · s 2“land” includes buildings, land covered by water and any estate or interest in or right over land;
occupier
Defined · s 2“occupier” includes any person in actual occupation of land or premises or any person having the charge, management or control of the land or premises either on his own account or as an agent of another person, but does not include a lodger;
owner
Defined · s 2“owner”, in relation to land or premises, means — (a) the owner as shown in the Register kept under section 7 of the Land Code or his legally appointed representative; (b) the person for the time being receiving the rent of the land or premises whether on his own account or as trustee for any other person or as receiver (not being appointed by or on behalf of a mortgagee) or the person who would receive the rent if the land or premises were let to a tenant and includes — (i) a mortgagee in possession; and (ii) the purchaser of a newly constructed premises or part thereof in respect of which a temporary occupation permit or a certificate of statutory completion has been granted;
Planning Authority
Defined · s 2“Planning Authority”, in relation to this Act or any Part or provision of this Act, means the person or persons appointed under section 6(1) to be responsible for the operation of this Act or that Part or provision;
planning permission
Defined · s 2“planning permission” means permission referred to in section 23(2);