Housing and Planning Bill (HC Bill 75)
PART 6 continued
Housing and Planning BillPage 50
(2) The required financial benefits information is—
(a)
a list of any financial benefits (whether or not material to the
application) which are local finance considerations or benefits
of a prescribed description, and which appear to the person
5making the report to be likely to be obtained—
(i) by the authority, or
(ii)
by a person of a prescribed description or (if regulations
so provide) by any person,
as a result of the proposed development (if it is carried out);
(b)
10in relation to each listed financial benefit, a statement of the
opinion of the person making the report as to whether the
benefit is material to the application;
(c)
any other prescribed information about a listed financial
benefit.
(3) 15In this section—
-
“local finance consideration” has the same meaning as in section
70; -
“non-delegated determination” means a determination that is not
delegated to an officer of the authority in question; -
20“officer” includes employee.
(4) Regulations under this section may—
(a)
prescribe a description of financial benefits by reference to the
amount or value of the benefit;
(b)
make different provision for different kinds of local planning
25authority or different kinds of development.””
Nationally significant infrastructure projects
107 Development consent for projects that involve housing
(1)
Section 115 of the Planning Act 2008 (development for which development
consent may be granted) is amended as follows.
(2) 30At the end of subsection (1) insert “, or
(c) related housing development.””
(3) In subsection (2)(b), for “is not” substitute “does not consist of or include”.
(4) Before subsection (5) insert—
“(4B) “Related housing development” means development which—
(a)
35consists of or includes the construction or extension of one or
more dwellings,
(b)
is on the same site as, or is next to or close to, any part of the
development within subsection (1)(a), or is otherwise
associated with that development (or any part of it),
(c) 40is to be carried out wholly in England, and
(d) meets the condition in subsection (4C).
(4C)
Development meets the condition in this subsection if the development
within subsection (1)(a) to which it is related is to be carried out in one
or more of the following areas—
Housing and Planning BillPage 51
(a) England;
(b)
waters adjacent to England up to the seaward limits of the
territorial sea.””
(5)
In subsection (5), after “associated development” insert “or related housing
5development”.
(6) At the end insert—
“(7)
The Secretary of State, in deciding an application for an order granting
development consent for development that includes related housing
development, must take into account any matters set out in guidance
10published by the Secretary of State.””
Urban development corporations
108 Designation of urban development areas: procedure
(1)
Section 134 of the Local Government, Planning and Land Act 1980 (urban
development areas) is amended as follows.
(2) 15After subsection (1) insert—
“(1A)
Before making an order under subsection (1), the Secretary of State
must consult the following persons—
(a)
persons who appear to the Secretary of State to represent those
living within, or in the vicinity of, the proposed urban
20development area;
(b)
persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of, the
proposed urban development area;
(c)
each local authority for an area which falls wholly or partly
25within the proposed urban development area; and
(d)
any other person whom the Secretary of State considers it
appropriate to consult.””
(3) For subsection (4) substitute—
“(4)
A statutory instrument containing an order made by the Secretary of
30State under subsection (1) is subject to annulment in pursuance of a
resolution of either House of Parliament.
(4A)
An order made by the Welsh Ministers under subsection (1) (by virtue
of paragraph 30 of Schedule 11 to the Government of Wales Act 2006)
does not have effect until approved by a resolution of the Welsh
35Assembly.
(4B)
An order made by the Scottish Ministers under subsection (1) (by virtue
of section 53 of the Scotland Act 1998) is subject to the affirmative
procedure (see Part 2 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10)2010 (asp 10)).””
109 40Establishment of urban development corporations: procedure
(1)
Section 135 of the Local Government, Planning and Land Act 1980 (urban
development corporations) is amended as follows.
Housing and Planning BillPage 52
(2) After subsection (1) insert—
“(1A)
Before making an order under this section, the Secretary of State must
consult the following persons—
(a)
persons who appear to the Secretary of State to represent those
5living within, or in the vicinity of, the urban development area;
(b)
persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of, the
urban development area;
(c)
each local authority for an area which falls wholly or partly
10within the urban development area; and
(d)
any other person whom the Secretary of State considers it
appropriate to consult.””
(3) For subsection (3) substitute—
“(3)
A statutory instrument containing an order made by the Secretary of
15State under this section is subject to annulment in pursuance of a
resolution of either House of Parliament.
(3A)
An order made by the Welsh Ministers under this section (by virtue of
paragraph 30 of Schedule 11 to the Government of Wales Act 2006)
does not have effect until approved by a resolution of the Welsh
20Assembly.
(3B)
An order made by the Scottish Ministers under this section (by virtue
of section 53 of the Scotland Act 1998) is subject to the affirmative
procedure (see Part 2 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10)2010 (asp 10)).””
110 25Sections 108 and 109: consequential repeals
In the Deregulation Act 2015, omit sections 46 and 47.
Part 7 Compulsory purchase etc
Right to enter and survey land
111 30Right to enter and survey land
(1)
A person authorised in writing by an acquiring authority may enter and
survey land in connection with a proposal to acquire compulsorily an interest
in or a right over land.
(2) The person—
(a) 35may only enter and survey land at a reasonable time, and
(b)
may not use force unless a justice of the peace has issued a warrant
under section 112(1) authorising the person to do so.
(3)
The person must, if required when exercising or seeking to exercise the power
conferred by subsection (1), produce—
(a) 40evidence of the authorisation, and
(b) a copy of any warrant issued under section 112(1).
Housing and Planning BillPage 53
(4)
An authorisation under subsection (1) may relate to the land which is the
subject of the proposal or to other land.
(5)
If the land is unoccupied or the occupier is absent from the land when the
person enters it, the person must leave it as secure against trespassers as when
5the person entered it.
(6)
In this section and sections 112 to 117 “acquiring authority” and “owner” have
the meanings given in section 7 of the Acquisition of Land Act 1981.
112 Warrant authorising use of force to enter and survey land
(1)
A justice of the peace may issue a warrant authorising a person to use force in
10the exercise of the power conferred by section 111(1) if satisfied—
(a)
that another person has prevented or is likely to prevent the exercise of
that power, and
(b) that it is reasonable to use force in the exercise of that power.
(2)
The force that may be authorised by a warrant is limited to that which is
15reasonably necessary.
(3)
A warrant authorising the person to use force must specify the number of
occasions on which the authority can rely on the warrant when entering and
surveying land.
(4)
The number specified must be the number which the justice of the peace
20considers appropriate to achieve the purpose for which the entry and survey
are required.
(5)
Any evidence in proceedings for a warrant under this section must be given on
oath.
113 Notice of survey and copy of warrant
(1)
25The acquiring authority must give every owner or occupier of land at least 14
days’ notice before the first day on which the authority intends to enter the
land in exercise of the power conferred by section 111.
(2) Notice given in accordance with subsection (1) must include—
(a) a statement of the recipient’s rights under section 115, and
(b) 30a copy of the warrant, if there is one.
(3)
If the authority proposes to do any of the following, the notice must include
details of what is proposed—
(a) searching, boring or excavating;
(b) leaving apparatus on the land;
(c) 35taking samples;
(d) an aerial survey;
(e)
carrying out any other activities that may be required to facilitate
compliance with the instruments mentioned in subsection (5).
(4)
If the authority obtains a warrant after giving notice in accordance with
40subsection (1) it must give a copy of the warrant to all those to whom it gave
that notice.
(5) The instruments referred to in subsection (3)(e) are—
Housing and Planning BillPage 54
(a)
Council Directive 85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the environment, as
amended from time to time,
(b)
Council Directive 92/43/EC of 21 May 1992 on the conservation of
5natural habitats and of wild fauna and flora, as amended from time to
time, or
(c)
any EU instrument from time to time replacing all or part of those
Directives.
114 Enhanced authorisation procedures etc. for certain surveys
(1)
10A written authorisation from the appropriate Minister is required before a
person enters and surveys land in exercise of the power conferred by section
111 if—
(a) the land is held by a statutory undertaker,
(b)
within the notice period mentioned in section 113(1), the statutory
15undertaker objects to the proposed entry and survey in writing to the
acquiring authority, and
(c)
the objection is that the proposed entry and survey would be seriously
detrimental to the statutory undertaker carrying on its undertaking.
(2) In subsection (1)—
-
20“the appropriate Minister” means—
(a)in the case of land in Wales held by a water or sewerage
undertaker, the Welsh Ministers, and(b)in any other case, the Secretary of State;
-
“statutory undertaker” means—
(a)25any person who is, or who is deemed to be, a statutory
undertaker for the purposes of section 16 or 17 of the
Acquisition of Land Act 1981 or of any provision of Part 11 of
the Town and Country Planning Act 1990, and(b)any person in relation to whom the electronic communications
30code is applied by a direction under section 106(3)(a) of the
Communications Act 2003.
(3)
Where the survey is to take place in a street, the following sections of the New
Roads and Street Works Act 1991 apply to the survey as if it were street
works—
(a) 35section 55 (notice of starting date of works),
(b)
section 69 (requirements to be complied with where works likely to
affect another person’s apparatus in the street), and
(c) section 82 (liability for damage or loss caused).
(4)
In the application of those sections references to an “undertaker” are to be read
40as references to the acquiring authority which authorised the survey.
115 Right to compensation after entry on or survey of land
(1)
A person interested in land is entitled to compensation from the acquiring
authority for damage as a result of the exercise of the power conferred by
section 111.
(2)
45Any disputes relating to compensation under this section are to be determined
by the Upper Tribunal.
Housing and Planning BillPage 55
(3)
The provisions of section 4 of the Land Compensation Act 1961 apply to the
determination of such disputes, with any necessary modifications.
116 Offences in connection with powers to enter land
(1)
A person who without reasonable excuse obstructs another person in the
5exercise of the power conferred by section 111 commits an offence.
(2)
A person who commits an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(3)
A person commits an offence if the person discloses confidential information,
obtained in the exercise of the power conferred by section 111, for purposes
10other than those for which the power was exercised.
(4) A person who commits an offence under subsection (3) is liable—
(a) on summary conviction to a fine,
(b)
on conviction on indictment to imprisonment for a term not exceeding
2 years or to a fine, or both.
(5) 15In subsection (3) “confidential information” means information—
(a) which constitutes a trade secret, or
(b)
the disclosure of which would or would be likely to prejudice the
commercial interests of any person.
117 Right to enter and survey Crown land
(1) 20Sections 111 to 116 apply in relation to Crown land.
(2)
But a person may only exercise the power conferred by section 111 in relation
to Crown land if the person has the permission of the appropriate authority.
(3)
In this section, “Crown land” and “the appropriate authority” have the
meaning given in section 293 of the Town and Country Planning Act 1990.
25Confirmation and time limits
118 Timetable for confirmation of compulsory purchase order
After section 14A of the Acquisition of Land Act 1981 (confirmation by
acquiring authorities) insert—
“14B Timetables for confirmation of CPOs except by Welsh Ministers
(1)
30The Secretary of State must publish one or more timetables in relation
to steps to be taken by confirming authorities, other than the Welsh
Ministers, in confirming a compulsory purchase order.
(2) Different timetables may be published in relation to—
(a) different confirming authorities, or
(b) 35different types of compulsory purchase order.
(3)
The Secretary of State may at any time revise a timetable published
under this section.
(4)
The validity of an order is not affected by any failure to comply with a
timetable published under this section.
Housing and Planning BillPage 56
(5)
The Secretary of State must lay before Parliament an annual report
showing the extent to which confirming authorities have complied
with any applicable timetable published under this section.
(6)
A report laid by the Secretary of State under this section need not
5include information about a confirming authority if the number of
compulsory purchase orders submitted to it is lower than a minimum
specified by the Secretary of State in the report.
14C Timetables for confirmation of CPOs by Welsh Ministers
(1)
The Welsh Ministers may publish one or more timetables in relation to
10steps to be taken by them in confirming a compulsory purchase order.
(2)
Different timetables may be published in relation to different types of
compulsory purchase order.
(3)
The Welsh Ministers may at any time revise a timetable published
under this section.
(4)
15The validity of an order is not affected by any failure to comply with a
timetable published under this section.
(5)
The Welsh Ministers must lay before the Welsh Assembly an annual
report showing the extent to which they have complied with any
applicable timetable published under this section.””
119 20Confirmation by inspector
(1) The Acquisition of Land Act 1981 is amended as follows.
(2) After section 14C (inserted by section 118 of this Act), insert—
“14D Power to appoint inspector
(1)
A confirming authority may appoint a person (“an inspector”) to act
25instead of it in relation to the confirmation of a compulsory purchase
order to which section 13A applies.
(2) An inspector may be appointed to act in relation to—
(a) a specific compulsory purchase order, or
(b) a description of compulsory purchase orders.
(3) 30An inspector—
(a)
has the same functions as a confirming authority under this Part
(excluding this section),
(b)
retains those functions even if all remaining objections are
withdrawn after the inspector has begun to act in relation to a
35compulsory purchase order, and
(c)
may hold a public local inquiry under section 13A(3)(a) or act as
the person appointed to hear remaining objections under
section 13A(3)(b).
(4)
Where an inspector is to act in relation to a compulsory purchase order,
40the confirming authority must inform—
(a) every person who has made a remaining objection, and
(b) the acquiring authority.
Housing and Planning BillPage 57
(5)
Where a compulsory purchase order is confirmed by an inspector, the
inspector’s confirmation is to be treated as that of the confirming
authority.
(6) The confirming authority may at any time—
(a) 5revoke its appointment of an inspector, and
(b) appoint another inspector.
(7)
If the confirming authority revokes its appointment of an inspector
while the inspector is acting in relation to a compulsory purchase order
and does not replace the inspector, the authority must give its
10reasons—
(a) to the inspector whose appointment has been revoked, and
(b) to all those informed under subsection (4).
(8)
Where in any enactment there is a provision that applies in relation to
a confirming authority acting under this Part, that provision is to be
15read as applying equally in relation to an inspector so far as the context
permits.
(9)
In this section “remaining objection” is to be construed in accordance
with section 13A.””
(3) In section 2 (procedure for authorisation), for subsection (2) substitute—
“(2)
20A compulsory purchase order authorising a compulsory purchase by
an authority other than a Minister is to be—
(a) made by that authority,
(b) submitted to the confirming authority, and
(c) confirmed in accordance with Part 2 of this Act.””
(4)
25In section 7 (interpretation), in subsection (3), after “section 13A” insert “,
section 14B”.
120 Time limits for notice to treat or general vesting declaration
(1) For section 4 of the Compulsory Purchase Act 1965 substitute—
“4 Time limit for giving notice to treat
30A notice to treat may not be served by the acquiring authority after the
end of the period of 3 years beginning with the day on which the
compulsory purchase order becomes operative.””
(2)
After section 5 of the Compulsory Purchase (Vesting Declarations) Act 1981
insert—
“5A 35Time limit for general vesting declaration
A general vesting declaration may not be made after the end of the
period of 3 years beginning with the day on which the compulsory
purchase order becomes operative.””
Housing and Planning BillPage 58
Vesting declarations: procedure
121 Notice of general vesting declaration procedure
Schedule 7 changes the notice requirements for general vesting declarations.
122 Earliest vesting date under general vesting declaration
5In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981
(execution of declaration vesting land at the end of a period of not less than 28
days from the date of service) for “28 days” substitute “3 months”.
Possession following notice to treat etc
123 Extended notice period for taking possession following notice to treat
(1) 10The Compulsory Purchase Act 1965 is amended as follows.
(2) In section 11 (powers of entry)—
(a) in subsection (1)—
(i)
for “not less than fourteen days notice” substitute “a notice of
entry”; and
(ii)
15after “specified in the notice” insert “, after the end of a period
specified in the notice”;
(b) after subsection (1) insert—
“(1A)
A notice of entry under subsection (1) must specify the period
after the end of which the acquiring authority may enter on and
20take possession of the land to which the notice relates.
(1B)
The period specified in a notice of entry under subsection (1)
must not end earlier than the end of the period of 3 months
beginning with the day on which the notice is served unless it is
a notice to which section 11A(3) or paragraph 12 of Schedule 2A
25applies.””
(3) After section 11 insert—
“11A Powers of entry: repeat notices
(“1)
A notice of entry under section 11(1) ceases to have effect if, before
entering on and taking possession of the land, the acquiring authority
30become aware of an owner, lessee or occupier to whom they have not
given a notice to treat under section 5.
(2)
If the acquiring authority serve a notice to treat on the person under
section 5, the acquiring authority may serve a new notice of entry under
section 11(1).
(3)
35If the person is not an occupier of the land, the period specified in the
new notice of entry under section 11(1) must be a period that ends—
(a)
no earlier than the end of the period of 14 days beginning with
the day on which the new notice of entry is served, and
(b)
no earlier than the end of the period specified in any previous
40notice of entry given by the acquiring authority in respect of the
land.””
Housing and Planning BillPage 59
124 Counter-notice requiring possession to be taken on specified date
(1) The Compulsory Purchase Act 1965 is amended as follows.
(2)
In section 11 (powers of entry), after subsection (1B) (inserted by section 123 of
this Act), insert—
“(1C)
5A notice of entry under subsection (1) must explain the effect of
section 11B (counter-notice requiring possession to be taken on
specified date) and give an address at which the acquiring authority
may be served with a counter-notice.””
(3) After section 11A (inserted by section 123 above) insert—
“11B 10Counter-notice requiring possession to be taken on specified date
(1)
Where an acquiring authority serve a notice of entry under section 11(1)
on a person who is in possession of land, the person may serve a
counter-notice requiring the acquiring authority to take possession of
the land by no later than a date specified in the counter-notice.
(2)
15If the person gives up possession of the land on or before the specified
date the acquiring authority are to be treated as having taken
possession on that date (unless the acquiring authority has in fact taken
possession before that date).
(3) The date specified in the counter-notice—
(a)
20must not be before the end of the period specified in the notice
of entry under section 11(1), and
(b)
must be at least 28 days after the day on which the counter-
notice is served.
(4)
Where a notice of entry under section 11(1) is served on more than one
25person who is in possession of the land, a reference in this section to the
person in possession is to all of them acting together.””
125 Agreement to extend notice period for possession following notice to treat
In section 11 of the Compulsory Purchase Act 1965 (powers of entry), after
subsection (1C) (inserted by section 124 of this Act), insert—
“(1D)
30An acquiring authority may extend the period specified in a notice of
entry under subsection (1) by agreement with each person on whom it
was served.
(1E)
A reference in this Act to the period specified in a notice of entry under
subsection (1) is to the period as extended by any agreement under
35subsection (1D).””
126 Corresponding amendments to the New Towns Act 1981
(1)
Schedule 6 to the New Towns Act 1981 (modification of compulsory purchase
legislation as applied for the purposes of the Act) is amended as follows.
(2) In paragraph 4—
(a) 40omit “(not being less than 14 days)”;