Localism Bill (HL Bill 100)

Localism BillPage 130

requiring the owner or occupier of the premises to remove or obliterate
the sign by a time specified in the notice.

(4) A time specified under subsection (2) or (3) may not be earlier than the
end of 15 days beginning the date of service or fixing of the notice.

(5) 5Subsection (6) applies if—

(a) a notice is served under subsection (2) or fixed under subsection
(3); and

(b) the sign is neither removed nor obliterated by the time specified
in the notice.

(6) 10The local planning authority may—

(a) remove or obliterate the sign; and

(b) recover expenses reasonably incurred by the local planning
authority in doing that from the person required by the notice
to do it.

(7) 15Power under subsection (6)(a) is subject to the right of appeal under
section 225I.

(8) Expenses may not be recovered under subsection (6)(b) if the surface—

(a) forms part of a flat or a dwellinghouse;

(b) is within the curtilage of a dwellinghouse; or

(c) 20forms part of the boundary of the curtilage of a dwellinghouse.

(9) Section 291 of the Public Health Act 1936 (provision for expenses to be
recoverable also from owner’s successor or from occupier and to be
charged on premises concerned) applies as if the reference in that
section to that Act included a reference to this section.

(10) 25For the purposes of this section, a universal postal service provider is
treated as being the occupier of any plant or apparatus that consists of
a universal postal service letter box or a universal postal service pouch-
box belonging to it.

(11) This subsection applies to a surface if the surface abuts on, or is one to
30which access is given directly from, either—

(a) a street; or

(b) any place, other than a street, to which the public have access as
of right.

(12) In this section—

  • 35“dwellinghouse” does not include a building containing one or
    more flats, or a flat contained within such a building;

  • “flat” means a separate and self-contained set of premises
    constructed or adapted for use as a dwelling and forming part
    of a building from some other part of which it is divided
    40horizontally;

  • “premises” means building, wall, fence or other structure or
    erection, or apparatus or plant;

  • “sign”—

    (a)

    includes any writing, letter, picture, device or
    45representation, but

    (b)

    does not include an advertisement;

  • Localism BillPage 131

  • “statutory undertaker” does not include a relevant airport
    operator (within the meaning of Part 5 of the Airports Act 1986);

  • “street” includes any highway, any bridge carrying a highway and
    any road, lane, mews, footway, square, court, alley or passage,
    5whether a thoroughfare or not;

  • “universal postal service letter box” has the meaning given in
    section 86(4) of the Postal Services Act 2000;

  • “universal postal service pouch-box” has the meaning given in
    paragraph 1(10) of Schedule 6 to that Act.

225G 10Notices under section 225F in respect of post boxes

(1) The local planning authority may serve a notice under section 225F(2)
on a universal postal service provider in respect of a universal postal
service letter box, or universal postal service pouch-box, belonging to
the provider only if—

(a) 15the authority has served on the provider written notice of the
authority’s intention to do so; and

(b) the period of 28 days beginning with the date of service of that
notice has ended.

(2) In this section—

  • 20“universal postal service letter box” has the meaning given in
    section 86(4) of the Postal Services Act 2000;

  • “universal postal service pouch-box” has the meaning given in
    paragraph 1(10) of Schedule 6 to that Act.

225H Section 225F powers as respects bus shelters and other street furniture

(1) 25The local planning authority may exercise the power conferred by
section 225F(6)(a) to remove or obliterate a sign from any surface on a
bus shelter, or other street furniture, of a statutory undertaker that is
not situated on operational land of the statutory undertaker only if—

(a) the authority has served on the statutory undertaker notice of
30the authority’s intention to do so;

(b) the notice specified the bus shelter, or other street furniture,
concerned; and

(c) the period of 28 days beginning with the date of service of the
notice has ended.

(2) 35In this section “statutory undertaker” does not include an airport
operator (within the meaning of Part 5 of the Airports Act 1986).

225I Right to appeal against notice under section 225F

(1) A person on whom notice has been served under section 225F(2) may
appeal to a magistrates’ court on any of the following grounds—

(a) 40that the sign concerned is neither detrimental to the amenity of
the area nor offensive;

(b) that there has been some informality, defect or error in, or in
connection with, the notice;

(c) that the time within which the sign concerned is to be removed
45or obliterated is not reasonably sufficient for the purpose;

(d) that the notice should have been served on another person.

Localism BillPage 132

(2) The occupier or owner of premises which include a surface to which a
notice has been fixed under section 225F(3) may appeal to a
magistrates’ court on any of the following grounds—

(a) that the sign concerned is neither detrimental to the amenity of
5the area nor offensive;

(b) that there has been some informality, defect or error in, or in
connection with, the notice;

(c) that the time within which the sign concerned is to be removed
or obliterated is not reasonably sufficient for the purpose.

(3) 10So far as an appeal under this section is based on the ground mentioned
in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is
satisfied that the informality, defect or error was not a material one.

(4) If an appeal under subsection (1) is based on the ground mentioned in
subsection (1)(d), the appellant must serve a copy of the notice of
15appeal on each person who the appellant considers is a person on
whom the notice under section 225F(2) should have been served.

(5) If—

(a) notice under section 225F(2) is served on a person, and

(b) the local planning authority bring proceedings against the
20person for the recovery under section 225F(6)(b) of any
expenses,

it is not open to the person to raise in the proceedings any question
which the person could have raised in an appeal under subsection (1).

225J Remedying defacement at owner or occupier’s request

(1) 25Subsection (2) applies if—

(a) premises in England include a surface that is readily visible
from a place to which the public have access;

(b) there is a sign on the surface; and

(c) the owner or occupier of the premises asks the local planning
30authority to remove or obliterate the sign.

(2) The local planning authority may—

(a) remove or obliterate the sign; and

(b) recover expenses reasonably incurred by the local planning
authority in doing that from the person who asked the local
35planning authority to do it.

(3) In this section “premises” means building, wall, fence or other structure
or erection, or apparatus or plant.

(4) In this section “sign”—

(a) includes—

(i) 40any writing, letter, picture, device or representation, and

(ii) any advertisement, but

(b) does not include an advertisement for the display of which
deemed or express consent has been granted under Chapter 3.

Localism BillPage 133

CHAPTER 5 Application of provisions of Chapters 3 and 4 to statutory undertakers
225J Action under sections 225A, 225C and 225F: operational land

(1) This section applies in relation to the exercise by the local planning
authority of—

(a) 5power conferred by section 225A(1), or section 324(3) so far as
applying for the purposes of section 225A(1), to—

(i) enter on any operational land of a statutory undertaker,
or

(ii) remove a display structure situated on operational land
10of a statutory undertaker;

(b) power conferred by section 225C(10)(a), or section 324(3) so far
as applying for the purposes of section 225C(10)(a), to—

(i) enter on any operational land of a statutory undertaker,
or

(ii) 15carry out any measures to prevent or reduce the
frequency of the display of unauthorised
advertisements on a surface on operational land of a
statutory undertaker; or

(c) power conferred by section 225F(6)(a), or section 324(3) so far as
20applying for the purposes of section 225F(6)(a), to—

(i) enter on any operational land of a statutory undertaker,
or

(ii) remove or obliterate a sign on a surface of premises that
are, or are on, operational land of a statutory
25undertaker.

(2) The authority may exercise the power only if—

(a) the authority has served on the statutory undertaker notice of
the authority’s intention to do so;

(b) the notice specified the display structure, surface or sign
30concerned and its location; and

(c) the period of 28 days beginning with the date of service of the
notice has ended.

(3) If—

(a) a notice under subsection (2) is served on a statutory
35undertaker, and

(b) within 28 days beginning with the date the notice is served, the
statutory undertaker serves a counter-notice on the local
planning authority specifying conditions subject to which the
power is to be exercised,

40the power may only be exercised subject to, and in accordance with, the
conditions specified in the counter-notice.

(4) The conditions which may be specified in a counter-notice under
subsection (3) are conditions which are—

(a) necessary or expedient in the interests of safety or the efficient
45and economic operation of the undertaking concerned; or

(b) for the protection of any works, apparatus or other property not
vested in the statutory undertaker which are lawfully present

Localism BillPage 134

on, in, under or over the land upon which entry is proposed to
be made.

(5) If—

(a) a notice under subsection (2) is served on a statutory
5undertaker, and

(b) within 28 days beginning with the date the notice is served, the
statutory undertaker serves a counter-notice on the local
planning authority requiring the local planning authority to
refrain from exercising the power,

10the power may not be exercised.

(6) A counter-notice under subsection (5) may be served only if the
statutory undertaker has reasonable grounds to believe, for reasons
connected with the operation of its undertaking, that the power cannot
be exercised under the circumstances in question—

(a) 15without risk to the safety of any person; or

(b) without unreasonable risk to the efficient and economic
operation of the statutory undertaker’s undertaking.

(7) In this section “statutory undertaker” does not include an airport
operator (within the meaning of Part 5 of the Airports Act 1986).

(3) 20In section 324(3) of the Town and Country Planning Act 1990 (power of entry
where necessary for purposes of section 225) after “225” insert “, 225A(1),
225C(10)(a) or 225F(6)(a)”.

(4) In the London Local Authorities Act 1995 (c. x) omit sections 11 to 13 (provision
as respects London which is generally superseded as a result of the provision
25as respects England made by the preceding provisions of this section).

(5) In section 11 of the London Local Authorities Act 2007 (c. ii) after subsection
(10) insert—

(11) The definition of “an advertising offence” given by section 4 of this Act
applies for the purposes of subsection (10) above with—

(a) 30the omission of paragraphs (a) and (b), and

(b) in paragraph (d), the substitution of “paragraph” for
“paragraphs (a) to”.

CHAPTER 6 Nationally significant infrastructure projects

128 Abolition of Infrastructure Planning Commission

(1) 35The Infrastructure Planning Commission ceases to exist on the day on which
this subsection comes into force.

(2) Schedule 13 (amendments in consequence of Commission’s abolition,
including amendments transferring its functions to Secretary of State) has
effect.

(3) 40On the coming into force of this subsection, the property, rights and liabilities
of the Infrastructure Planning Commission vest by virtue of this subsection in
the Secretary of State.

Localism BillPage 135

(4) Subsection (3) operates in relation to property, rights and liabilities—

(a) whether or not they would otherwise be capable of being transferred,

(b) without any instrument or other formality being required, and

(c) irrespective of any requirement for consent that would otherwise
5apply.

(5) The transfer by virtue of subsections (2) to (4) is to be treated as a relevant
transfer for the purposes of the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246) if it would not otherwise be a
relevant transfer for those purposes.

(6) 10Subsections (3) and (4) do not affect the operation of those Regulations in
relation to that transfer.

129 Transitional provision in connection with abolition

(1) The Secretary of State may, in connection with the operation of the abolition
provisions, give a direction about the handling on and after the abolition date
15of—

(a) an application received by the Infrastructure Planning Commission
before the abolition date that purports to be an application for an order
granting development consent under the Planning Act 2008,

(b) a proposed application notified to the Commission under section 46 of
20that Act before the abolition date, or

(c) an application received by the Secretary of State on or after the abolition
date where—

(i) the application purports to be an application for an order
granting development consent under that Act, and

(ii) 25a proposed application that has become that application was
notified to the Commission under section 46 of that Act before
the abolition date.

(2) A direction under subsection (1) may (in particular)—

(a) make provision about the effect on and after the abolition date of things
30done before that date;

(b) provide for provisions of or made under the Planning Act 2008 to apply
on and after that date as they applied before that date, with or without
modifications specified in the direction;

(c) provide for provisions of or made under that Act to apply on and after
35the abolition date with modifications specified in the direction;

(d) make provision for a person who immediately before the abolition
date—

(i) is a member of the Commission, and

(ii) is a member of the Panel, or is the single Commissioner,
40handling an application for an order granting development
consent under that Act,

to be, or to be treated as being, a member of the Panel that under
Chapter 2 of Part 6 of that Act, or the appointed person who under
Chapter 3 of that Part, is to handle the application on and after the
45abolition date;

(e) make other transitional provision and savings;

(f) make provision binding the Crown.

Localism BillPage 136

(3) In this section—

  • “the abolition date” means the date on which section 128(1) comes into
    force;

  • “the abolition provisions” means section 128, Schedule 13 and Part 20 of
    5Schedule 25.

130 National policy statements

(1) The Planning Act 2008 is amended as follows.

(2) In section 5(4) (statement may be designated as national policy statement only
if consultation, publicity and parliamentary requirements have been complied
10with) after “have been complied with in relation to it” insert and—

(a) the consideration period for the statement has expired without
the House of Commons resolving during that period that the
statement should not be proceeded with, or

(b) the statement has been approved by resolution of the House of
15Commons—

(i) after being laid before Parliament under section 9(8),
and

(ii) before the end of the consideration period.

(3) In section 5 (national policy statements) after subsection (4) insert—

(4A) 20In subsection (4) “the consideration period”, in relation to a statement,
means the period of 21 sitting days beginning with the first sitting day
after the day on which the statement is laid before Parliament under
section 9(8), and here “sitting day” means a day on which the House of
Commons sits.

(4) 25In section 5(9) omit paragraph (b) (designated statement must be laid before
Parliament).

(5) In section 6(7) (national policy statement may be amended only if consultation,
publicity and parliamentary requirements have been complied with) after
“have been complied with in relation to the proposed amendment” insert
30“and—

(a) the consideration period for the amendment has expired
without the House of Commons resolving during that period
that the amendment should not be proceeded with, or

(b) the amendment has been approved by resolution of the House
35of Commons—

(i) after being laid before Parliament under section 9(8),
and

(ii) before the end of the consideration period.

(6) In section 6 (review and amendment of national policy statements) after
40subsection (7) insert—

(7A) In subsection (7) “the consideration period”, in relation to an
amendment, means the period of 21 sitting days beginning with the
first sitting day after the day on which the amendment is laid before
Parliament under section 9(8), and here “sitting day” means a day on
45which the House of Commons sits.

Localism BillPage 137

(7) In section 6(8) (subsections (6) and (7) do not apply if amendment does not
materially affect national policy) for “and (7)” substitute “to (7A)”.

(8) After section 6 insert—

6A Interpretation of sections 5(4) and 6(7)

(1) 5This section applies for the purposes of section 5(4) and 6(7).

(2) The consultation and publicity requirements set out in section 7 are to
be treated as having been complied with in relation to a statement or
proposed amendment (“the final proposal”) if—

(a) they have been complied with in relation to a different
10statement or proposed amendment (“the earlier proposal”),

(b) the final proposal is a modified version of the earlier proposal,
and

(c) the Secretary of State thinks that the modifications do not
materially affect the policy as set out in the earlier proposal.

(3) 15The consultation and publicity requirements set out in section 7 are also
to be treated as having been complied with in relation to a statement or
proposed amendment (“the final proposal”) if—

(a) they have been complied with—

(i) in relation to a different statement or proposed
20amendment (“the earlier proposal”), and

(ii) in relation to modifications of the earlier proposal (“the
main modifications”),

(b) the final proposal is a modified version of the earlier proposal,
and

(c) 25there are no modifications other than the main modifications or,
where the modifications include modifications other than the
main modifications, the Secretary of State thinks that those
other modifications do not materially affect the policy as set out
in the earlier proposal modified by the main modifications.

(4) 30If section 9(8) has been complied with in relation to a statement or
proposed amendment (“the final proposal”), the parliamentary
requirements set out in section 9(2) to (7) are to be treated as having
been complied with in relation to the final proposal where—

(a) the final proposal is not the same as what was laid under section
359(2), but

(b) those requirements have been complied with in relation to what
was laid under section 9(2).

(5) Ignore any corrections of clerical or typographical errors in what was
laid under section 9(8).

6B 40Extension of consideration period under section 5(4A) or 6(7A)

(1) The Secretary of State may—

(a) in relation to a proposed national policy statement, extend the
period mentioned in section 5(4A), or

(b) in relation to a proposed amendment of a national policy
45statement, extend the period mentioned in section 6(7A),

by 21 sitting days or less.

Localism BillPage 138

(2) The Secretary of State does that by laying before the House of
Commons a statement—

(a) indicating that the period is to be extended, and

(b) setting out the length of the extension.

(3) 5The statement under subsection (2) must be laid before the period
would have expired without the extension.

(4) The Secretary of State must publish the statement under subsection (2)
in a way the Secretary of State thinks appropriate.

(5) The period may be extended more than once.

(9) 10In section 8(1)(a) (local authorities within subsection (2) or (3) to be consulted
about publicity required for proposed statement identifying a location) for “or
(3)” substitute “, (3) or (3A)”.

(10) In section 8(3) (consultation with local authorities that share a boundary with
the local authority (“B”) whose area contains a location) before the “and” at the
15end of paragraph (a) insert—

(aa) B is a unitary council or a lower-tier district council,.

(11) In section 8 (consultation on publicity requirements) after subsection (3)
insert—

(3A) If any of the locations concerned is in the area of an upper-tier county
20council (“C”), a local authority (“D”) is within this subsection if—

(a) D is not a lower-tier district council, and

(b) any part of the boundary of D’s area is also part of the boundary
of C’s area.

(12) In section 8, after subsection (4) (meaning of “local authority”) insert—

(5) 25In this section—

  • “lower-tier district council” means a district council in England for
    an area for which there is a county council;

  • “unitary council” means a local authority that is not an upper-tier
    county council, a lower-tier district council, a National Park
    30authority or the Broads Authority;

  • “upper-tier county council” means a county council in England for
    each part of whose area there is a district council.

(13) In section 9 (parliamentary requirements for national policy statements and
their amendments) after subsection (7) insert—

(8) 35After the end of the relevant period, but not before the Secretary of State
complies with subsection (5) if it applies, the Secretary of State must lay
the proposal before Parliament.

(9) If after subsection (8) has been complied with—

(a) something other than what was laid under subsection (8)
40becomes the proposal, or

(b) what was laid under subsection (8) remains the proposal, or
again becomes the proposal, despite the condition in section
5(4)(a) not having been met in relation to it,

subsection (8) must be complied with anew.

Localism BillPage 139

(10) For the purposes of subsection (9)(a) and (b) ignore any proposal to
correct clerical or typographical errors in what was laid under
subsection (8).

(14) Section 12 (power to designate pre-commencement statements of policy and to
5take account of pre-commencement consultation etc) is repealed.

131 Power to alter effect of requirement for development consent on other consent
regimes

(1) The Planning Act 2008 is amended as follows.

(2) In section 33 (effect of requirement for development consent on other consent
10regimes) after subsection (4) insert—

(5) The Secretary of State may by order—

(a) amend subsection (1) or (2)—

(i) to add or remove a type of consent, or

(ii) to vary the cases in relation to which a type of consent is
15within that subsection;

(b) make further provision, or amend or repeal provision, about—

(i) the types of consent that are, and are not, within
subsection (1) or (2), or

(ii) the cases in relation to which a type of consent is, or is
20not, within either of those subsections.

(6) In this section “consent” means—

(a) a consent or authorisation that is required, under legislation, to
be obtained for development,

(b) a consent, or authorisation, that—

(i) 25may authorise development, and

(ii) is given under legislation, or

(c) a notice that is required by legislation to be given in relation to
development.

(7) In subsection (6) “legislation” means an Act or an instrument made
30under an Act.

(8) An order under subsection (5) may not affect—

(a) a requirement for a devolved consent to be obtained for, or
given in relation to, development, or

(b) whether development may be authorised by a devolved
35consent.

(9) A consent is “devolved” for the purposes of subsection (8) if—

(a) provision for the consent would be within the legislative
competence of the National Assembly for Wales if the provision
were contained in an Act of the Assembly,

(b) 40provision for the consent is, or could be, made by the Welsh
Ministers in an instrument made under an Act,

(c) the consent is not within subsection (6)(c) and the Welsh
Ministers have a power or duty—

(i) to decide, or give directions as to how to decide,
45whether the consent is given,