SCHEDULE 2 continued
Growth and Infrastructure BillPage 40
(2)
In subsection (1) (planning obligation to be modified or discharged by
agreement or in accordance with sections 106A and 106B)—
(a) after “in accordance with” insert “—(i)”, and
(b) after “section 106B” insert “, or
(ii) 5sections 106BA and 106BB.”
(3)
In subsection (8) (effect of determination that planning obligation is to have
effect subject to modifications), after “determine” insert “under this section”.
5
(1)
Section 106B (appeals in relation to applications under section 106A) is
amended as follows.
(2)
10In the heading, after “Appeals” insert “in relation to applications under
section 106A”.
(3)
In subsection (1)(b) (application of section) after “determine” insert “under
section 106A”.
6
(1)
Section 106C (legal challenges relating to development consent obligations)
15is amended as follows.
(2)
In subsection (1) (challenges to Secretary of State’s failure to give notice
under section 106A(7)), after “106A(7)” in both places insert “or 106BA(9)”.
(3) After subsection (1) insert—
“(1A)
If no period is prescribed under section 106BA(9), the period of 6
20weeks referred to in subsection (1)(b) that applies in relation to
proceedings for failure to give notice as mentioned in subsection (9)
of section 106BA begins with the expiry of the period mentioned in
that subsection that applies in the applicant’s case.”
(4)
In subsection (2) (challenges to Secretary of State’s determination that
25planning obligation is to continue to have effect without modification), in
paragraph (b), after “106A(7)” insert “or 106BA(9)”.
(5) After subsection (2) insert—
“(3)
A court may entertain proceedings for questioning a determination
by the Secretary of State on an application under section 106BA that
30a planning obligation shall be modified otherwise than in accordance
with the application only if—
(a)
the proceedings are brought by a claim for judicial review,
and
(b)
the claim form is filed during the period of 6 weeks beginning
35with the day on which notice of the determination is given
under section 106BA(9).”
7
In section 319A (determination by Secretary of State of procedure by which
certain types of proceedings are to be considered), in subsection (7)
(proceedings to which the section applies), after paragraph (b) insert—
“(ba)
40an appeal under section 106BB (appeals in relation to
applications for modification or discharge of affordable
housing requirements);”.
8 (1) Section 333 (regulations and orders) is amended as follows.
(2)
In subsection (4) (power to make orders under Act exercisable by statutory
45instrument), after “87,” insert “106BA(13),”.
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(3) After subsection (5) insert—
“(5ZA)
No order may be made under section 106BA(13) unless a draft of the
instrument containing the order has been laid before, and approved
by a resolution of, each House of Parliament.”
9
(1)
5Schedule 6 (determination of certain appeals by person appointed by
Secretary of State) is amended as follows.
(2) In paragraph 1—
(a)
in sub-paragraph (1) (power of Secretary of State to prescribe classes
of appeals under specified provisions to be determined by person
10appointed), after “106B,” insert “106BB,”, and
(b) after that sub-paragraph insert—
“(1A)
If no classes of appeals under section 106BB are prescribed
by regulations under sub-paragraph (1), all appeals under
that section are to be determined by a person appointed by
15the Secretary of State for the purpose instead of by the
Secretary of State.”
(3)
In paragraph 2(1)(aa) (person appointed in relation to appeals under section
106B to have the same powers and duties as Secretary of State under that
section), after “106B” insert “or 106BB”.
10
20In Part 1 of Schedule 16 (provisions of the Planning Acts to which sections
314 to 319 apply), in the entry for Sections 106 to 106B, for “106B” substitute
“106BB”.
Section 9
1
25Schedule 14 to the Environment Act 1995 (periodic review of mineral
planning permissions) is amended as follows.
2 Before paragraph 1 insert—
A1
The mineral planning authority for an area in England may, in
30accordance with the provisions of this Schedule, cause one or
more periodic reviews to be carried out of the mineral permissions
relating to a mining site.”
3
In paragraph 1 (duty to carry out periodic reviews), after “The mineral
planning authority” insert “for an area in Wales”.
4
35In paragraph 2(1) (interpretation), for the definition of “first review date”
substitute—
““first review date”—
in relation to a mineral planning authority for an area
in England, has the meaning given by paragraph 2A
40below, and
Growth and Infrastructure BillPage 42
in relation to a mineral planning authority for an area
in Wales, has the meaning given by paragraph 2B
below;”.
5 After paragraph 2 insert—
2A
(1)
In the application of this Schedule in relation to a mineral planning
authority for an area in England, “first review date” means the
date set by the authority in accordance with sub-paragraph (2)
below as the first review date for the purposes of the first periodic
10review of the mineral permissions relating to a mining site.
(2)
That date may not be earlier than the relevant date found under
paragraph 3 below in relation to the site.
(3)
This paragraph is subject to paragraphs 3A and 5 below (power to
specify different relevant date, and postponement of first review
15date).
2B
(1)
In the application of this Schedule in relation to a mineral planning
authority for an area in Wales, “first review date” in relation to a
mining site means the relevant date found under paragraph 3
20below in relation to the site.
(2)
This paragraph is subject to paragraphs 3A and 5 below (power to
specify different relevant date, and postponement of first review
date).”
6 (1) Paragraph 3 (the first review date) is amended as follows.
(2) 25Before sub-paragraph (1) insert—
“(A1)
This paragraph has effect for the purposes of paragraphs 2A and
2B above.”
(3) For “first review date” in each place substitute “relevant date”.
(4)
For the italic heading immediately before that paragraph substitute “The
30relevant date for the purposes of a first periodic review”.
7
In paragraph 3A (power to specify a first review date by order), for “first
review date” in each place substitute “relevant date”.
8
(1)
Paragraph 4 (service of notice of first periodic review) is amended as
follows.
(2) 35Before sub-paragraph (1) insert—
“(A1) This paragraph applies—
(a)
where a mineral planning authority for an area in England
determines that it will carry out a periodic review of the
mineral permissions relating to a mining site, and that
40periodic review is the first periodic review of the
permissions relating to that site, and
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(b)
in relation to the first periodic review by a mineral
planning authority for an area in Wales of the mineral
permissions relating to a mining site.”
(3) In sub-paragraph (1)—
(a) 5omit “of the mineral permissions relating to a mining site”, and
(b) for “that site” substitute “the site to which the review relates”.
9
(1)
Paragraph 12 (second and subsequent periodic reviews) is amended as
follows.
(2) Before sub-paragraph (1) insert—
“(A1) 10This paragraph applies—
(a)
where a mineral planning authority for an area in England
determines that it will carry out a periodic review of the
mineral permissions relating to a mining site, and that
periodic review is the second or a subsequent periodic
15review of the permissions relating to that site, and
(b)
in relation to the second or any subsequent periodic review
by a mineral planning authority for an area in Wales of the
mineral permissions relating to a mining site.
(A2)
In the application of this paragraph in relation to a mineral
20planning authority for an area in England “the review date” means
the date set by the authority as the review date for the purposes of
the periodic review.
(A3)
That date may not be earlier than the relevant date found under
sub-paragraph (1) below in relation to the site.
(A4)
25In the application of this paragraph in relation to a mineral
planning authority for an area in Wales “the review date” means
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) 30In sub-paragraph (2)—
(a) omit the “and” at the end of paragraph (a), and
(b) at the end of paragraph (b) insert “, and
(c) paragraph 4(A1) were omitted.”
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Section 14
In the Commons Act 2006, after Schedule 1 insert—
Section 15C
| Trigger events | 5Terminating events |
|---|---|
| 1. An application for planning permission in relation to the land which would be determined under section 70 of the 1990 Act is first publicised in accordance with requirements imposed by a development 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)
20In circumstances where 30 35 |
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| Trigger events | Terminating events |
|---|---|
| 2. An application for planning permission made in relation to the land under section 293A of the 1990 Act is first publicised in accordance with subsection (8) of that section. |
(a)
The application is (b)
In circumstances where (c)
In circumstances where 25 |
| 3. A draft of a development plan document which identifies the land for potential development is published for consultation in accordance with regulations under section 17(7) of the 2004 Act. |
(a)
The document is (b)
30The document is adopted 35 40 |
| 4. A development plan document which identifies the land for potential development is adopted under section 23(2) or (3) of the 2004 Act. |
(a)
The document is revoked (b)
A policy contained in the 55 |
| 5. A draft of a neighbourhood development plan which identifies the land for potential development is published for consultation in accordance with regulations under section 38A(7) of the 2004 Act. |
(a)
The document is (b)
The plan is made under 70 |
Growth and Infrastructure BillPage 46
| Trigger events | Terminating events |
|---|---|
| 6. A neighbourhood development plan which identifies the land for potential development is made under section 38A of the 2004 Act. |
(a)
The plan ceases to have (b)
The plan is revoked under (c)
A policy contained in the 15 |
| 7. A development plan for the purposes 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 effect (by virtue of that Schedule) on the commencement of section 14 of the Growth and Infrastructure Act 2013 and identifies the land for potential development. |
20The plan ceases to have effect by virtue of paragraph 1 of Schedule 8 to the 2004 Act. 25 30 |
| 8. A proposed application for an 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 that Act. |
(a)
The period of two years (b)
35The application is 40 45 |
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| Trigger events | Terminating events |
|---|---|
| 9. An application for such an order in relation to the land is first publicised in accordance with section 56(7) of the 2008 Act. |
(a)
The application is (b)
In circumstances where the (c)
In circumstances where an 25 |
In this Schedule—
“the 1990 Act” means the Town and Country Planning Act
1990;
30“the 2004 Act” means the Planning and Compulsory
Purchase Act 2004;
“the 2008 Act” means the Planning Act 2008.
1
For the purposes of this Schedule, all means of challenging a
35decision in legal proceedings in the United Kingdom are to be
treated 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
40been made or (as the case may be) the other step having been
taken.
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)
45Part 1 of a unitary development plan or alterations to such
a Part, or
(b) a structure plan or alterations to such a plan.”