APPENDIX

DISCONTINUANCE ORDERS

Power is given to Local Authorities under Section 102 of the Town & Country Planning Act 1990 to serve Discontinuance Orders if it appears expedient so to do in the interests of the proper planning of the area which includes amenity interests.

Clearly, such a power should only be used in exceptional cases where the alternative of enforcement or use of other legal powers is not available, as compensation is payable to the landowner in the same way as it would be if planning permission were revoked.

Discontinuance Orders may be directed at uses or buildings and works.

Conditions may be applied to Orders, specifying the way in which the development is to be discontinued, or providing for continuance subject to requirements or restrictions.

Discontinuance Orders have to be confirmed by the Secretary of State.

Non-compliance with a notice or conditions applied may result in conventional planning enforcement action under Section 198 of the Town & Country Planning Act 1990.

Compensation is payable to the landowner under Section 115 of the Town & Country Planning Act 1990.

All Discontinuance Orders require confirmation by the Secretary of State before they take effect, and there is no expedited procedure for unopposed orders. Before proceeding to confirm an order, the ODPM must provide an opportunity to be heard to any person on whom the Order has been served. The Secretary of State (or ODPM) has broad power to modify the submitted Order, including power to grant planning permission or modify the orders to grant of planning permission.

The appropriate date for assessing compensation under Section 115 is the date of confirmation of the Discontinuance Order by the Secretary of State. Compensation is payable for any damage suffered by any person in consequence of the Order:-

• In respect of depreciation in the value of land
• In respect of disturbance; ‘disturbance’ is not defined, but generally relates to the reasonable expenses of the claimant (i.e. the landowner) in removing from the land from which he is displaced, and any losses sustained by reason of any trade or business consequent upon that displacement.
• Any expenses reasonably incurred in carrying out works in compliance with the Order

It needs to be appreciated that where a revocation order is opposed the ‘opportunity to be heard’ means that there will need to be a local inquiry.

Chris Hougham

Development Control Manager

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