SCHEDULE 3 continued
Growth and Infrastructure BillPage 40
the relevant date found under sub-paragraph (1) below in relation
to the site.”
(3) In sub-paragraph (1), for ““review date”” substitute ““relevant date””.
(4) In sub-paragraph (2)—
(a) omit the “and” at the end of paragraph (a), and
(b) 5at the end of paragraph (b) insert “, and
“(c) paragraph 4(A1) were omitted.”
Section 13
In the Commons Act 2006, after Schedule 1 insert—
Section 15C
Trigger events | Terminating events |
---|---|
1. An application for planning permission in relation to the 15land which would be determined under section 70 of the 1990 Act is first publicised in accordance with requirements imposed by a 20development order by virtue of section 65(1) of that Act. |
(a)
The application is (b)
A decision to decline to (c)
In circumstances where (d)
In circumstances where |
2. An application for planning permission made in relation to the land under section 293A of the 1990 Act is first publicised 5in accordance with subsection (8) of that section. |
(a)
The application is (b)
In circumstances where (c)
In circumstances where |
3. A draft of a development plan document which identifies the land for potential development is published for 30consultation in accordance with regulations under section 17(7) of the 2004 Act. |
(a)
The document is (b)
The document is adopted |
404. A development plan document which identifies the land for potential development is adopted under section 23(2) or (3) of the 2004 Act. |
(a)
45The document is revoked (b)
A policy contained in the |
555. A draft of a neighbourhood development plan which identifies the land for potential development is published for consultation in accordance 60with regulations under section 38A(7) of the 2004 Act. |
(a)
The document is (b)
The plan is made under |
6. A neighbourhood development plan which identifies the land for potential development is made under 5section 38A of the 2004 Act. |
(a)
The plan ceases to have (b)
The plan is revoked under (c)
A policy contained in the |
7. A development plan for the 20purposes of section 27 or 54 of the 1990 Act, or anything treated as contained in such a plan by virtue of Schedule 8 to the 2004 Act, continues to have 25effect (by virtue of that Schedule) on the commencement of section 13 of the Growth and Infrastructure Act 2013 and identifies the land 30for potential development. |
The plan ceases to have effect by virtue of paragraph 1 of Schedule 8 to the 2004 Act. |
8. A proposed application for 35an order granting development consent under section 114 of the 2008 Act in relation to the land is first publicised in accordance with section 48 of 40that Act. |
(a)
The period of two years (b)
The application is |
9. An application for such an order in relation to the land is first publicised in accordance with section 56(7) of the 2008 5Act. |
(a)
The application is (b)
In circumstances where the (c)
15In circumstances where an |
In this Schedule—
“the 1990 Act” means the Town and Country Planning Act
1990;
“the 2004 Act” means the Planning and Compulsory
30Purchase Act 2004;
“the 2008 Act” means the Planning Act 2008.
1
For the purposes of this Schedule, all means of challenging a
decision in legal proceedings in the United Kingdom are to be
35treated as exhausted and the decision is to be treated as upheld if,
at any stage in the proceedings, the time normally allowed for the
making of an appeal or further appeal or the taking of any other
step to challenge the decision expires without the appeal having
been made or (as the case may be) the other step having been
40taken.
2
Paragraph 7 of the first column of the Table does not apply in
relation to a part of a development plan for the purposes of section
27 or 54 of the 1990 Act which consists of—
a
(a)
Part 1 of a unitary development plan or alterations to such
45a Part, or
(b) a structure plan or alterations to such a plan.”