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13

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 17 June 2014

 

Report Stage Proceedings

 

Criminal Justice and Courts Bill, As Amended

 

NEW CLAUSES AND NEW SCHEDULES RELATING TO JUDICIAL REVIEW AND

 

CHALLENGES TO PLANNING-RELATED DECISIONS; AMENDMENTS TO PART 4

 

Secretary Chris Grayling

 

Added  NC52

 

To move the following Clause—

 

“Procedure for certain planning challenges

 

Schedule (Procedure for certain planning challenges) contains amendments—

 

(a)    

that require leave of court to be obtained before certain planning

 

applications may be made, and

 

(b)    

that set out a procedure for challenging costs orders made in connection

 

with certain planning orders and decisions.”

 

Member’s explanatory statement

 

This amendment introduces a new Schedule (see amendment new Schedule 3) 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; and enables challenges to costs orders connected with some planning

 

decisions and actions to be challenged as part of the same application.

 

 

Secretary Chris Grayling

 

Added  NC13

 

To move the following Clause—

 

“Periods of time for certain legal challenges

 

(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)—

 
 

Report Stage Proceedings: 17 June 2014                  

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Criminal Justice and Courts Bill, continued

 
 

(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”;

 

(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

 

 

Andy Slaughter

 

Dan Jarvis

 

Not called  NC53

 

To move the following Clause—

 

“Application of provisions to environmental claims

 

(5)    

Sections 55 to 60 of this Act shall not apply to judicial review proceedings which

 

have as their subject an issue relating wholly or partly to—

 

(a)    

the state of elements of the environment, such as air and atmosphere,

 

water, soil, land, landscape and natural sites, biological diversity and its

 

components, including genetically modified organisms, and the

 

interaction among these elements;

 

(b)    

factors, such as substances, energy, noise and radiation, and activities or

 

measures, including administrative measures, environmental

 

agreements, policies, legislation, plans and programmes, affecting or

 

likely to affect the elements of the environment within the scope of sub-

 

paragraph (a) above, and cost-benefit and other economic analyses and

 

assumptions used in environmental decision-making;

 

(c)    

the state of human health and safety, conditions of human life, cultural

 

sites and built structures, inasmuch as they are or may be affected by the

 
 

Report Stage Proceedings: 17 June 2014                  

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Criminal Justice and Courts Bill, continued

 
 

state of the elements of the environment or, through these elements, by

 

the factors, activities or measures referred to in sub-paragraph (b)

 

above.”

 

Member’s explanatory statement

 

This amendment limits the application of the provisions of this Act on judicial review proceedings

 

which relate to the environment, in line with the definition of environmental information in the

 

Aarhus Convention.

 

 

Secretary Chris Grayling

 

Added  NS3

 

To move the following Schedule—

 

“Procedure for certain planning challenges

 

Town and Country Planning Act 1990 (c. 8)

 

1          

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

 

follows.

 

2          

In section 284 (validity of development plans and certain orders, decisions and

 

directions)—

 

(a)    

in subsection (1), after paragraph (f) insert “; or—

 

(g)    

a relevant costs order made in connection with an

 

order mentioned in subsection (2) or an action

 

mentioned in subsection (3),”, and

 

(b)    

after subsection (3) insert—

 

“(3A)    

In this section, “relevant costs order” means an order made

 

under section 250(5) of the Local Government Act 1972

 

(orders as to costs of parties), as applied by virtue of any

 

provision of this Act.”

 

3    (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).

 
 

Report Stage Proceedings: 17 June 2014                  

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Criminal Justice and Courts Bill, continued

 
 

      (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).”

 

4    (1)  

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

 

and directions) is amended as follows.

 

      (2)  

After subsection (1) insert—

 

“(1A)    

If a person is aggrieved by a relevant costs order made in connection

 

with an order or action to which this section applies and wishes to

 

question its validity, the person may make an application to the High

 

Court under this section (whether or not as part of an application made

 

by virtue of subsection (1)) on the grounds—

 

(a)    

that the relevant costs order is not within the powers of this

 

Act, or

 

(b)    

that any of the relevant requirements have not been complied

 

with in relation to the order.”

 

      (3)  

In subsection (2)—

 

(a)    

after “subsection (1)” (in the first place) insert “or (1A)”,

 

(b)    

after “applies,” (in the second place) insert “or with any relevant costs

 

order,”, and

 

(c)    

after “subsection (1)” (in the second place) insert “or (1A) (as the case

 

may be)”.

 

      (4)  

Omit subsection (3).

 

      (5)  

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—

 

(a)    

in the case of an application relating to an order under section

 

97 that takes effect under section 99 without confirmation, the

 

date on which the order takes effect;

 

(b)    

in the case of an application relating to any other order to

 

which this section applies, the date on which the order is

 

confirmed;

 

(c)    

in the case of an application relating to an action to which this

 

section applies, the date on which the action is taken;

 

(d)    

in the case of an application relating to a relevant costs order,

 

the date on which the order is made.

 

(4C)    

When considering whether to grant leave for the purposes of

 

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

 

an interim order suspending the operation of any 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.”

 

      (6)  

In subsection (5)—

 
 

Report Stage Proceedings: 17 June 2014                  

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Criminal Justice and Courts Bill, continued

 
 

(a)    

in paragraph (a), for “the order or action” substitute “any order or

 

action”, and

 

(b)    

in paragraph (b), for “the order or action in question” substitute “any

 

such order or action”.

 

      (7)  

For subsection (6) substitute—

 

“(6)    

The High Court may not suspend a tree preservation order under

 

subsection (4C) or (5)(a).”

 

      (8)  

In subsection (7), after “subsection” insert “(4C) or”.

 

      (9)  

For subsection (9) substitute—

 

“(9)    

In this section—

 

  “relevant costs order” has the same meaning as in section 284;

 

  “the relevant requirements”—

 

(a)    

in relation to any order or action to which this section applies,

 

means any requirements of this Act or of the Tribunals and

 

Inquiries Act 1992, or of any order, regulations or rules made

 

under either of those Acts, which are applicable to that order or

 

action;

 

(b)    

in relation to a relevant costs order, means any requirements of

 

this Act, of the Local Government Act 1972 or of the Tribunals

 

and Inquiries Act 1992, or of any order, regulations or rules made

 

under any of those Acts, which are applicable to the relevant

 

costs order.”

 

    (10)  

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)

 

5          

In section 62 of the Planning (Listed Buildings and Conservation Areas) Act

 

1990—

 

(a)    

in subsection (1), after paragraph (b) insert “; or

 

(c)    

a relevant costs order made in connection with any

 

such order or decision,”, and

 

(b)    

after subsection (2) insert—

 

“(2A)    

In this section, “relevant costs order” means an order made

 

under section 250(5) of the Local Government Act 1972

 

(orders as to costs of parties), as applied by virtue of any

 

provision of this Act.”

 

6    (1)  

Section 63 of that Act (proceedings for questioning validity of other orders,

 

decisions and directions) is amended as follows.

 

      (2)  

In subsection (1), for “section 62(1)” substitute “section 62(1)(a) or (b)”.

 

      (3)  

After subsection (1) insert—

 

“(1A)    

If a person is aggrieved by a relevant costs order made in connection

 

with an order or decision mentioned in section 62(1)(a) or (b) and

 

wishes to question its validity, the person may make an application to

 

the High Court under this section (whether or not as part of an

 

application made by virtue of subsection (1)) on the grounds—

 

(a)    

that the relevant costs order is not within the powers of this

 

Act, or

 
 

Report Stage Proceedings: 17 June 2014                  

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Criminal Justice and Courts Bill, continued

 
 

(b)    

that any of the relevant requirements have not been complied

 

with in relation to the order.”

 

      (4)  

In subsection (2)—

 

(a)    

after “subsection (1)” (in the first place) insert “or (1A)”,

 

(b)    

for “such order or decision” substitute “order or decision mentioned in

 

section 62(1)”, and

 

(c)    

for “those grounds” substitute “the grounds mentioned in subsection

 

(1) or (1A) (as the case may be)”.

 

      (5)  

For subsection (3) substitute—

 

“(3)    

An application under this section may not be made without the leave

 

of the High Court.

 

(3A)    

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

 

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

 

after—

 

(a)    

in the case of an application relating to an order under section

 

23 that takes effect under section 25 without confirmation, the

 

date on which the order takes effect;

 

(b)    

in the case of an application relating to any other order

 

mentioned in section 62(1)(a), the date on which the order is

 

confirmed;

 

(c)    

in the case of an application relating to a decision mentioned

 

in section 62(1)(b) or a relevant costs order, the date on which

 

the decision or order is made.

 

(3B)    

When considering whether to grant leave for the purposes of

 

subsection (3), the High Court may make an interim order suspending

 

the operation of any order or 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.”

 

      (6)  

In subsection (4)—

 

(a)    

after “this section” insert “(other than an application for leave)”,

 

(b)    

in paragraph (a), for “the order or decision” substitute “any order or

 

decision”, and

 

(c)    

in paragraph (b)(i), for “the order or decision” substitute “any such

 

order or decision”.

 

      (7)  

For subsection (6) substitute—

 

“(6)    

In this section—

 

“relevant costs order” has the same meaning as in section 62;

 

“the relevant requirements”—

 

(c)    

in relation to an order or decision mentioned in section 62(1)(a)

 

or (b), means any requirements of this Act or of the Tribunals and

 

Inquiries Act 1992, or of any order, regulations or rules made

 

under either of those Acts, which are applicable to the order or

 

decision;

 

(d)    

in relation to a relevant costs order, means any requirements of

 

this Act, of the Local Government Act 1972 or of the Tribunals

 

and Inquiries Act 1992, or of any order, regulations or rules made

 

under any of those Acts, which are applicable to the order.”

 
 

Report Stage Proceedings: 17 June 2014                  

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Criminal Justice and Courts Bill, continued

 
 

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

 

7    (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)

 

8    (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.”

 

      (5)  

Omit subsection (8).”

 

Member’s explanatory statement

 

The Schedule provides that challenges to a range of planning-related decisions and actions may

 

only be brought with the leave of the High Court. It also makes challenges to costs orders

 

associated with certain planning orders and decisions subject to the same procedural

 

requirements. The amendments to section 288 of the Town and Country Planning Act 1990

 

(previously contained in clause 62) are no longer confined to challenges relating to English

 
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