House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Notices of Amendments: 8 May 2014
2041

Criminal Justice and Courts Bill, continued

NEW CLAUSES AND NEW SCHEDULES RELATING TO JUDICIAL REVIEW AND

CHALLENGES TO PLANNING-RELATED DECISIONS; AMENDMENTS TO PART 4

Leave of court required for certain planning applications

Secretary Chris Grayling

NC12

To move the following Clause:—

‘Schedule (amendments relating to planning proceedings) contains amendments

requiring leave of court to be obtained before certain planning applications may

be made.’

Member’s explanatory statement

This amendment introduces a new Schedule (see amendment NS1) which provides that challenges

to a range of planning-related decisions and other actions may only be brought with the leave of

the High Court.

Periods of time for certain legal challenges

Secretary Chris Grayling

NC13

To move the following Clause:—

‘(1)
In section 61N of the Town and Country Planning Act 1990 (legal challenges

relating to neighbourhood development orders)—

(a)
in subsections (1)(b) and (2)(b), after “beginning with” insert “the day

after”;

(b)
in subsection (3)(b)—

(i)
for “during” substitute “before the end of”;

(ii)
after “beginning with” insert “the day after”.

(2)
In section 106C of that Act (legal challenges relating to development consent

obligations)—

(a)
in subsection (1)(b)—

(i)
for “during” substitute” “before the end of”;

(ii)
after “beginning with” insert “the day after”;

(b)
in subsection (1A), after “begins with” insert “the day after”;

(c)
in subsections (2)(b) and (3)(b)—

(i)
for “during” substitute” “before the end of”;

(ii)
after “beginning with” insert “the day after”.

(3)
In section 13 of the Planning Act 2008 (legal challenges relating to national

policy statements), in subsections (1)(b), (2)(b), (3)(b), (4)(b), (5)(b) and (6)(b)—

(a)
for “during” substitute “before the end of”;

(b)
after “beginning with” insert “the day after”.

(4)
In section 118 of that Act (legal challenges relating to applications for orders

granting development consent)—

(a)
in subsections (1)(b), (2)(b) and (3)(b)—

(i)
for “during” substitute “before the end of”;

Notices of Amendments: 8 May 2014
2042

Criminal Justice and Courts Bill, continued

(ii)
after “beginning with” insert “the day after”;

(b)
in subsections (4)(b), (5)(b) and (6)(b)—

(i)
for “during” substitute “before the end of”;

(ii)
after “day”, wherever occurring, insert “after the day”;

(c)
in subsection (7)(b)—

(i)
for “during” substitute “before the end of”;

(ii)
after “beginning with” insert “the day after”.’.

Member’s explanatory statement

The provisions amended by the clause allow for legal challenges to certain planning-related

decisions and other actions. They stipulate that a challenge may be made during a period of six

weeks beginning with the day on which the decision or action challenged occurs. The amendments

secure that the six-week period does not start to run until the following day.

Secretary Chris Grayling

NS1

To move the following Schedule:—

‘Leave of court required for certain planning applications

Town and Country Planning Act 1990 (c. 8)

5
Part 12 of the Town and Country Planning Act 1990 (validity) is amended as

follows.

6    (1)
Section 287 (proceedings for questioning validity of development plans and

certain schemes and orders) is amended as follows.

      (2)
After subsection (2) insert—

“(2A)
An application under this section may not be made without the leave

of the High Court.

(2B)
An application for leave for the purposes of subsection (2A) must be

made before the end of the period of six weeks beginning with the day

after the relevant date.”

      (3)
After subsection (3) insert—

“(3ZA)
An interim order has effect—

(a)
if made on an application for leave, until the final

determination of—

(i)
the question of whether leave should be granted, or

(ii)
where leave is granted, the proceedings on any

application under this section made with such leave;

(b)
in any other case, until the proceedings are finally

determined.”

      (4)
Omit subsections (3C) and (4).

      (5)
In subsection (5), for “subsection (4)” substitute “subsection (2B)”.

      (6)
After subsection (5) insert—

“(5A)
References in this Act to an application under this section do not

include an application for leave for the purposes of subsection (2A).”

7    (1)
Section 288 (proceedings for questioning validity of other orders, decisions

and directions) is amended as follows.

Notices of Amendments: 8 May 2014
2043

Criminal Justice and Courts Bill, continued

      (2)
Omit subsection (3).

      (3)
After subsection (4) insert—

“(4A)
An application under this section may not be made without the leave

of the High Court.

(4B)
An application for leave for the purposes of subsection (4A) must be

made before the end of the period of six weeks beginning with the day

after (as the case may be)—

(a)
the date on which the order is confirmed or (in the case of an

order under section 97 which takes effect under section 99

without confirmation) takes effect, or

(b)
the date on which the action is taken.

(4C)
When considering whether to grant leave for the purposes of

subsection (4A), the High Court may, subject to subsection (6), by

interim order suspend the operation of the order or action the validity

of which the person or authority concerned wishes to question, until

the final determination of—

(a)
the question of whether leave should be granted, or

(b)
where leave is granted, the proceedings on any application

under this section made with such leave.”

      (4)
For subsection (6) substitute—

“(6)
The High Court may not make an interim order—

(a)
under subsection (4C), where leave is sought to make an

application questioning the validity of a tree preservation

order, or

(b)
under subsection (5)(a), on an application questioning the

validity of a tree preservation order.”

      (5)
After subsection (10) insert—

“(11)
References in this Act to an application under this section do not

include an application for leave for the purposes of subsection (4A).”

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

8    (1)
Section 63 of the Planning (Listed Buildings and Conservation Areas) Act

1990 (proceedings for questioning validity of other orders, decisions and

directions) is amended as follows.

      (2)
For subsection (3) substitute—

“(3A)
An application under this section may not be made without the leave

of the High Court.

(3B)
An application for leave for the purposes of subsection (3A) must be

made before the end of the period of six weeks beginning with the day

after (as the case may be)—

(a)
the date on which the order is confirmed or (in the case of an

order under section 23 which takes effect under section 25

without confirmation) takes effect, or

(b)
the date on which the action is taken.

(3C)
When considering whether to grant leave for the purposes of

subsection (3A), the High Court may by interim order suspend the

operation of the order or decision the validity of which the person or

Notices of Amendments: 8 May 2014
2044

Criminal Justice and Courts Bill, continued

authority concerned wishes to question, until the final determination

of—

(a)
the question of whether leave should be granted, or

(b)
where leave is granted, the proceedings on any application

under this section made with such leave.”

      (3)
In subsection (4), after “section” insert “(other than an application for leave)”.

Planning (Hazardous Substances) Act 1990 (c. 10)

9    (1)
Section 22 of the Planning (Hazardous Substances) Act 1990 (validity of

decisions as to applications) is amended as follows.

      (2)
In subsections (1) and (2), omit “within six weeks from the date on which the

decision is taken”.

      (3)
After subsection (2) insert—

“(2A)
An application under this section may not be made without the leave

of the High Court.

(2B)
An application for leave for the purposes of subsection (2A) must be

made before the end of the period of six weeks beginning with the day

after the date on which the decision to which the application relates is

taken.

(2C)
When considering whether to grant leave for the purposes of

subsection (2A), the High Court may by interim order suspend the

operation of the decision the validity of which the person or authority

concerned wishes to question, until the final determination of—

(a)
the question of whether leave should be granted, or

(b)
where leave is granted, the proceedings on any application

under this section made with such leave.”

      (4)
In subsection (3), after “section” insert “(other than an application for leave)”.

Planning and Compulsory Purchase Act 2004 (c. 5)

10  (1)
Section 113 of the Planning and Compulsory Purchase Act 2004 (validity of

strategies, plans and documents) is amended as follows.

      (2)
After subsection (3) insert—

“(3A)
An application may not be made under subsection (3) without the

leave of the High Court.

(3B)
An application for leave for the purposes of subsection (3A) must be

made before the end of the period of six weeks beginning with the day

after the relevant date.”

      (3)
Omit subsection (4).

      (4)
After subsection (5) insert—

“(5A)
An interim order has effect—

(a)
if made on an application for leave, until the final

determination of—

(i)
the question of whether leave should be granted, or

(ii)
where leave is granted, the proceedings on any

application under this section made with such leave;

(b)
in any other case, until the proceedings are finally

determined.”

Notices of Amendments: 8 May 2014
2045

Criminal Justice and Courts Bill, continued

      (5)
Omit subsection (8).’

Member’s explanatory statement

The Schedule provides that challenges to a number of planning-related decisions and other actions

may only be brought with the leave of the High Court. The amendments to section 288 of the Town

and Country Planning Act 1990 (previously contained in clause 59) are no longer confined to

challenges relating to English matters.

Secretary Chris Grayling

1

Page  58,  line  28,  leave out clause 59.

Member’s explanatory statement

It is proposed to move the amendments made by clause 59 to section 288 of the Town and Country

Planning Act 1990 into a new Schedule (see amendment NS1). That amendment also brings the

proposed procedure for applications under section 288 for Wales into line with the proposed

procedure for England.

NEW CLAUSES AND NEW SCHEDULES RELATING TO OFFENCES OF POSSESSING OR

USING OFFENSIVE WEAPONS; REMAINING NEW CLAUSES AND NEW SCHEDULES;

AMENDMENTS TO PART 5; REMAINING PROCEEDINGS ON CONSIDERATION

Possessing an offensive weapon or bladed article in public or on school premises:

sentencing for second offences for those aged 16 or over

Nick de Bois

Mr David Burrowes

Tracey Crouch

Mr David Davis

Mr Graham Brady

Mr Dominic Raab

Stephen McPartland

Dr Julian Lewis

Mr Charles Walker

Bob Blackman

Andrew Bingham

Bob Stewart

Andrew Rosindell

Mr David Amess

Dan Byles

David Morris

Karl McCartney

Stephen Barclay

Jeremy Lefroy

Priti Patel

Mark Reckless

Mr Stewart Jackson

Gordon Henderson

Mr Julian Brazier

Jason McCartney

David T.C. Davies

Mr William Cash

Philip Davies

Mr David Nuttall

Anne Marie Morris

Mr Brian Binley

Mr Peter Bone

Mr Richard Bacon

Karl McCartney

Sheryll Murray

Heather Wheeler

James Dudderidge

James Morris

Sir Gerald Howarth

Simon Reevell

NC6

To move the following Clause:—

‘(1)
The Prevention of Crime Act 1953 is amended as follows.

(2)
In section 1 (Prohibition of the carrying of offensive weapons without lawful

authority or reasonable excuse) after subsection (2) insert—



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