Housing and Planning Bill (HC Bill 75)

Housing and Planning BillPage 40

(6) The only modifications the local planning authority may make under
sub-paragraph (5) are—

(a) modifications that the authority consider need to be made to
secure that the draft order does not breach, and is otherwise
5compatible with, EU obligations,

(b) modifications that the authority consider need to be made to
secure that the draft order is compatible with the Convention
rights, and

(c) modifications for the purpose of correcting errors.

13C 10Regulations may make provision supplementing that made by
paragraph 13B; and the regulations may in particular—

(a) prescribe the form and content of a request by the qualifying
body under paragraph 13B(1) and the date by which it must
be made;

(b) 15confer power on the Secretary of State to direct a local
planning authority to refrain from taking any action specified
in the direction that they would otherwise be required or
entitled to take under paragraph 12 or 13;

(c) make provision under which decisions falling to be made by
20the Secretary of State under paragraph 13B may be made
instead by a person appointed by the Secretary of State for the
purpose (an “inspector”);

(d) prescribe matters that the Secretary of State or an inspector
must take into account in making a decision;

(e) 25require a local planning authority to provide prescribed
information to the Secretary of State or to an inspector;

(f) make provision about examinations carried out by virtue of
paragraph 13B(4)(b) (including any provision of a kind
mentioned in paragraph 11(2));

(g) 30make provision (in addition to that made by paragraph
13B(4)(b)) for the holding of an examination, and for the
payment by a local planning authority of remuneration and
expenses of the examiner;

(h) provide for the Secretary of State, or a local planning
35authority on the direction of the Secretary of State, to notify
to prescribed persons and to publish—

(i) prescribed decisions made by the Secretary of State
under paragraph 13B,

(ii) the reasons for making those decisions, and

(iii) 40other prescribed matters relating to those decisions.”

(2) In paragraph 14 of that Schedule (referendum), in sub-paragraph (1), after “as
a result of paragraph 12(4)” insert “or a direction under paragraph 13B(2)(a)”.

(3) In section 61N of that Act (legal challenges in relation to neighbourhood
development orders), in subsection (2), before “only if” insert “or paragraph
4513B of that Schedule (intervention powers of Secretary of State)”.

95 Local planning authority to notify neighbourhood forum of applications

In Schedule 1 to the Town and Country Planning Act 1990 (local planning

Housing and Planning BillPage 41

authorities: distribution of functions), after paragraph 8 insert—

8A (1) A local planning authority who have the function of determining
applications for planning permission or permission in principle
shall, if requested to do so by a neighbourhood forum for an area
5which (or any part of which) is situated in the authority’s area, notify
the neighbourhood forum of—

(a) any relevant planning application; and

(b) any alteration to that application accepted by the authority.

(2) In this paragraph—

  • 10“neighbourhood forum” means an organisation or body
    designated as such under section 61F;

  • “relevant planning application” means an application which—

    (a)

    relates to land in the area for which the
    neighbourhood forum is designated; and

    (b)

    15is an application for—

    (i)

    planning permission or permission in
    principle; or

    (ii)

    approval of a matter reserved under an
    outline planning permission within the
    20meaning of section 92.

(3) Sub-paragraphs (3) to (6) of paragraph 8 have effect for the purposes
of this paragraph, any reference to a parish council being read as a
reference to a neighbourhood forum.”

Local planning

96 25Power to direct amendment of local development scheme

In section 15 of the Planning and Compulsory Purchase Act 2004 (local
development scheme), in subsection (4), for “effective coverage” substitute
“full and effective coverage (both geographically and with regard to subject
matter)”.

97 30Power to give direction to examiner of development plan document

In section 20 of the Planning and Compulsory Purchase Act 2004 (independent
examination), after subsection (6) insert—

(6A) The Secretary of State may by notice to the person appointed to carry
out the examination—

(a) 35direct the person not to take any step, or any further step, in
connection with the examination of the development plan
document, or of a specified part of it, until a specified time or
until the direction is withdrawn;

(b) require the person—

(i) 40to consider any specified matters;

(ii) to give an opportunity, or further opportunity, to
specified persons to appear before and be heard by the
person;

Housing and Planning BillPage 42

(iii) to take any specified procedural step in connection with
the examination.

In this subsection “specified” means specified in the notice.”

98 Intervention by Secretary of State

(1) 5In section 21 of the Planning and Compulsory Purchase Act 2004 (intervention
by Secretary of State), in subsection (3), after “if” insert “or to the extent that”.

(2) In subsection (5) of that section—

(a) in paragraph (a), after “until the Secretary of State gives his decision”
insert “, or withdraws the direction”;

(b) 10for paragraph (b) substitute—

(b) if the direction is given, and not withdrawn, before the
authority have submitted the document under section
20(1), the Secretary of State must hold an independent
examination;”;

(c) 15in paragraph (c), for “he” substitute “, and is not withdrawn before
those recommendations are made, the person”;

(d) for paragraph (d) substitute—

(d) the document has no effect unless the document or (as
the case may be) the relevant part of it has been
20approved by the Secretary of State, or the direction is
withdrawn.”

(3) After that subsection insert—

(5A) Subsections (4) to (7C) of section 20 apply to an examination held under
subsection (5)(b), the reference to the local planning authority in
25subsection (7C) of that section being read as a reference to the Secretary
of State.

(5B) For the purposes of subsection (5)(d) the “relevant part” of a
development plan document is the part that—

(a) is covered by a direction under subsection (4) which refers to
30only part of the document, or

(b) continues to be covered by a direction under subsection (4)
following the partial withdrawal of the direction.”

(4) At the end of that section insert—

(11) The local planning authority must reimburse the Secretary of State for
35any expenditure incurred by the Secretary of State under this section
that is specified in a notice given to the authority by the Secretary of
State.”

(5) After that section insert—

21A Temporary direction pending possible use of intervention powers

(1) 40If the Secretary of State is considering whether to give a direction to a
local planning authority under section 21 in relation to a development
plan document or other local development document, he may direct
the authority not to take any step in connection with the adoption of the
document—

(a) 45until the time (if any) specified in the direction, or

Housing and Planning BillPage 43

(b) until the direction is withdrawn.

(2) A document to which a direction under this section relates has no effect
while the direction is in force.

(3) A direction given under this section in relation to a document ceases to
5have effect if a direction is given under section 21 in relation to that
document.”

99 Secretary of State’s default powers

For section 27 of the Planning and Compulsory Purchase Act 2004 substitute—

27 Secretary of State’s default powers

(1) 10This section applies if the Secretary of State thinks that a local planning
authority are failing or omitting to do anything it is necessary for them
to do in connection with the preparation, revision or adoption of a
development plan document.

(2) The Secretary of State may—

(a) 15prepare or revise (as the case may be) the document, or

(b) give directions to the authority in relation to the preparation or
revision of the document.

(3) The Secretary of State must either—

(a) hold an independent examination, or

(b) 20direct the authority to submit the document for independent
examination.

(4) The Secretary of State must either—

(a) publish the recommendations and reasons of the person
appointed to hold the examination, or

(b) 25give directions to the authority in relation to those matters.

(5) The Secretary of State may—

(a) approve the document, or approve it subject to specified
modifications, as a local development document,

(b) direct the authority to consider adopting the document by
30resolution of the authority as a local development document, or

(c) (except where it was prepared or revised by the Secretary of
State under subsection (2)(a)) reject the document.

(6) Subsections (4) to (7C) of section 20 apply (subject to subsection (7)
below) to an examination held under subsection (3)(a), the reference to
35the local planning authority in subsection (7C) of that section being
read as a reference to the Secretary of State.

(7) Subsections (5)(c), (7)(b)(ii) and (7B)(b) of section 20 do not apply to an
independent examination held—

(a) under subsection (3)(a), or

(b) 40in response to a direction under subsection (3)(b),

in respect of a document prepared or revised by the Secretary of State
under subsection (2)(a).

(8) The Secretary of State must give reasons for anything he does in
pursuance of subsection (2) or (5).

Housing and Planning BillPage 44

(9) The authority must reimburse the Secretary of State for any
expenditure he incurs in connection with anything—

(a) which is done by him under subsection (2)(a), and

(b) which the authority failed or omitted to do as mentioned in
5subsection (1).”

100 Costs of independent examinations held by Secretary of State

(1) Section 303A of the Town and Country Planning Act 1990 (responsibility of
local planning authorities for costs of holding certain inquiries etc) is amended
as follows.

(2) 10In subsection (1A), after “section 20” insert “, 21(5)(b), 27(3)(a)”.

(3) For subsection (9A) substitute—

(9A) A reference to a local planning authority causing a qualifying
procedure to be carried out includes a reference to the case where
under the Planning and Compulsory Purchase Act 2004—

(a) 15the local planning authority is required to submit a document to
the appropriate authority for independent examination, or

(b) the Secretary of State holds an independent examination in
relation to a document prepared by the local planning
authority, or by the Secretary of State under section 27(2)(a) of
20that Act.”

Planning in Greater London

101 Planning powers of the Mayor of London

(1) In section 2A of the Town and Country Planning Act 1990 (power of Mayor of
London to decide applications of potential strategic importance), in subsection
25(6), for “areas, and” substitute areas;

(aa) may prescribe matters by reference to the spatial development
strategy, or a development plan document (within the meaning
of Part 2 of the Planning and Compulsory Purchase Act 2004),
as it has effect from time to time;”.

(2) 30In section 74 of that Act (directions etc as to method of dealing with
applications), in subsection (1B)—

(a) in paragraph (a), for “London borough to refuse” substitute “London
borough—

(i) to consult with the Mayor of London before
35granting or refusing an application for planning
permission, or permission in principle, that is an
application of a prescribed description, or

(ii) to refuse”;

(b) in paragraph (c), for “such a direction;” substitute “a direction given by
40virtue of paragraph (a)(ii).”;

(c) omit the words after that paragraph.

(3) After that subsection insert—

(1BA) In subsection (1B) “prescribed” means—

Housing and Planning BillPage 45

(a) prescribed by a development order, or

(b) specified in directions made under a development order by the
Secretary of State or the Mayor of London.

(1BB) Matters prescribed under subsection (1B) by a development order may
5be prescribed by reference to the spatial development strategy, or a
development plan document (within the meaning of Part 2 of the
Planning and Compulsory Purchase Act 2004), as it has effect from time
to time.”

Permission in principle and local registers of land

102 10Permission in principle for development of land

(1) After section 58 of the Town and Country Planning Act 1990 insert—

“Permission in principle
58A Permission in principle: general

(1) Permission in principle may be granted for development of land in
15England as provided in section 59A.

(2) For the effect of permission in principle, see section 70(2ZA) to (2ZC)
(application for technical details consent must be determined in
accordance with permission in principle, except after a prescribed
period).

(3) 20A reference to permission in principle in any provision of this Act in its
application to land in Wales, or in its application to functions of the
Welsh Ministers or other authorities in Wales, is to be ignored.”

(2) After section 59 of that Act insert—

59A Development orders: permission in principle

(1) 25A development order may either—

(a) itself grant permission in principle, in relation to land in
England that is allocated for development in a qualifying
document (whether or not in existence when the order is made)
for development of a prescribed description; or

(b) 30provide for the granting by a local planning authority in
England, on application to the authority in accordance with the
provisions of the order, of permission in principle for
development of a prescribed description.

(2) In this section—

  • 35“prescribed” means prescribed in a development order;

  • “qualifying document” means a plan, register or other document,
    as it has effect from time to time, which—

    (a)

    is made, maintained or adopted by a local planning
    authority,

    (b)

    40is of a prescribed description,

    (c)

    indicates that the land in question is allocated for
    development for the purposes of this section, and

    Housing and Planning BillPage 46

    (d)

    contains prescribed particulars in relation to the land
    allocated and the kind of development for which it is
    allocated.

(3) In relation to an application for permission in principle which under
5any provision of this Part is made to, or determined by, the Secretary of
State instead of the local planning authority, a reference in subsection
(1) to a local planning authority has effect (as necessary) as a reference
to the Secretary of State.

(4) Permission in principle granted by a development order—

(a) 10takes effect when the qualifying document is adopted or made
by the local planning authority or (if later) when the qualifying
document is revised so as to allocate the land in question for
development;

(b) is not brought to an end by the qualifying document ceasing to
15have effect or being revised, unless the order provides
otherwise.

(5) A development order may—

(a) make provision for permission in principle to cease to have
effect;

(b) 20contain transitional provision and savings in relation to cases
where permission in principle ceases to have effect.

(6) A development order may make provision in relation to an application
for planning permission for development of land in respect of which
permission in principle has been granted.

(7) 25A development order may require the local planning authority to
prepare, maintain and publish a register containing prescribed
information as to permissions in principle granted by the order.

(8) Local planning authorities must have regard to any guidance issued by
the Secretary of State in the exercise of functions exercisable by virtue
30of this section.”

(3) In section 70 of that Act (determination of applications: general
considerations)—

(a) after subsection (1) insert—

(1A) Where an application is made to a local planning authority for
35permission in principle—

(a) they may grant permission in principle; or

(b) they may refuse permission in principle.”;

(b) after subsection (2) insert—

(2ZA) The authority must determine an application for technical
40details consent in accordance with the relevant permission in
principle.

This is subject to subsection (2ZC).

(2ZB) An application for technical details consent is an application for
planning permission that—

(a) 45relates to land in respect of which permission in
principle is in force,

Housing and Planning BillPage 47

(b) proposes development all of which falls within the
terms of the permission in principle, and

(c) particularises all matters necessary to enable planning
permission to be granted without any reservations of
5the kind referred to in section 92.

(2ZC) Subsection (2ZA) does not apply where—

(a) the permission in principle has been in force for longer
than a prescribed period, and

(b) there has been a material change of circumstances since
10the permission came into force.

“Prescribed” means prescribed for the purposes of this
subsection in a development order.”

(4) Schedule 6 (permission in principle for development of land: minor and
consequential amendments) has effect.

103 15Local planning authority to keep register of particular kinds of land

(1) In Part 2 of the Planning and Compulsory Purchase Act 2004 (local
development), after section 14 insert—

“Register
14A Register of land

(1) 20The Secretary of State may make regulations requiring a local planning
authority in England to prepare, maintain and publish a register of land
within (or partly within) the authority’s area which—

(a) is of a prescribed description, or

(b) satisfies prescribed criteria.

(2) 25The regulations may require the register to be kept in two or more
parts.

A reference to the register in the following subsections includes a
reference to a prescribed part of the register.

(3) The regulations may make provision permitting the local planning
30authority to enter in the register land within (or partly within) the
authority’s area which—

(a) is of a prescribed description or satisfies prescribed criteria, and

(b) is not required by the regulations to be entered in the register.

(4) The regulations may—

(a) 35require or authorise a local planning authority to carry out
consultation and other procedures in relation to entries in the
register;

(b) specify descriptions of land that are not to be entered in the
register;

(c) 40confer a discretion on a local planning authority, in prescribed
circumstances, not to enter in the register land of a prescribed
description that the authority would otherwise be required to
enter in it;

(d) require a local planning authority exercising the discretion
45referred to in paragraph (c) to explain why they have done so;

Housing and Planning BillPage 48

(e) specify information to be included in the register;

(f) make provision about revising the register.

(5) The regulations may specify a description of land by reference to a
description in national policies and advice.

(6) 5The regulations may confer power on the Secretary of State to require a
local planning authority—

(a) to prepare or publish the register, or to bring the register up to
date, by a specified date;

(b) to provide the Secretary of State with specified information, in
10a specified form and by a specified date, in relation to the
register.

In this subsection “specified” means specified by the Secretary of State.

(7) In exercising their functions under the regulations, a local planning
authority must have regard to—

(a) 15the development plan;

(b) national policies and advice;

(c) any guidance issued by the Secretary of State for the purposes
of the regulations.

(8) In this section “national policies and advice” means national policies
20and advice contained in guidance issued by the Secretary of State (as it
has effect from time to time).”

(2) In section 33 of that Act (power to direct that Part 2 of that Act does not apply
to the area of an urban development corporation), for “that this Part does not
apply” substitute that the provisions of—

25this Part, or

(b) any particular regulations made under section 14A,

do not apply”.

Planning permission etc

104 Approval condition where development order grants permission for building

(1) 30In section 60 of the Town and Country Planning Act 1990 (permission granted
by development order), after subsection (1) insert—

(1A) Without prejudice to the generality of subsection (1), where planning
permission is granted by a development order for building operations
in England, the order may require the approval of the local planning
35authority, or the Secretary of State, to be obtained—

(a) for those operations, or

(b) with respect to any matters that relate to those operations, or to
the use of the land in question following those operations, and
are specified in the order.”

(2) 40In subsection (2) of that section, after “any buildings” insert “in Wales”.

(3) In subsection (2B) of that section, for “subsection (1)” substitute “subsections
(1) and (1A)”.

Housing and Planning BillPage 49

(4) In section 70A of that Act (power to decline to determine subsequent
application), in subsection (5)(b), for “section 60(2)” substitute “section 60(1A),
(2)”.

105 Planning applications that may be made directly to Secretary of State

(1) 5In section 62A of the Town and Country Planning Act 1990 (when application
may be made directly to Secretary of State), in subsection (1), for paragraphs
(a) and (b) substitute—

(a) the local planning authority concerned is designated by the
Secretary of State for applications of a description specified in
10the designation;

(b) the application falls within that description.”

(2) After that subsection insert—

(1A) Only prescribed descriptions of application may be specified in a
designation under subsection (1).”

(3) 15For subsection (2) of that section substitute—

(2) In this section “relevant application” means—

(a) an application for planning permission, or permission in
principle, for the development of land in England, or

(b) an application for approval of a matter that, as defined by
20section 92, is a reserved matter in the case of an outline planning
permission for the development of land in England,

but does not include an application of the kind described in section
73(1) or an application of a description excluded by regulations.”

(4) In subsection (3)(a)(i) of that section omit “, or for conservation area consent,”.

(5) 25In section 62B of that Act (designation for the purposes of section 62A), after
subsection (1) insert—

(1A) A document to which subsection (2) applies may set out different
criteria for each description of application prescribed under section
62A(1A).”

106 30Local planning authorities: information about financial benefits

After section 75 of the Town and Country Planning Act 1990 insert—

“Local planning authorities: information about financial benefits
75A Certain planning reports to contain information about financial
benefits

(1) 35A local planning authority in England must make arrangements to
ensure that the required financial benefits information is included in
each report which—

(a) is made by an officer or agent of the authority for the purposes
of a non-delegated determination of an application for planning
40permission, and

(b) contains a recommendation as to how the authority should
determine the application in accordance with section 70(2).