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Growth and Infrastructure BillPage 40

76E Applications under section 62A: determination by Secretary of State

(1) The Secretary of State may direct that an application made to the
Secretary of State under section 62A (“a direct application”) is to be
determined by the Secretary of State instead of by a person
5appointed under section 76D.

(2) Where a direction is given under subsection (1), the Secretary of State
must serve a copy of the direction on—

(a) the person, if any, appointed under section 76D to determine
the application concerned,

(b) 10the applicant, and

(c) the local planning authority.

(3) Where a direct application is to be determined by the Secretary of
State in consequence of a direction under subsection (1)—

(a) in determining the application, the Secretary of State may
15take into account any report made to the Secretary of State by
any person previously appointed to determine the
application, and

(b) subject to that, the provisions of the planning Acts which are
relevant to the application apply to it as if section 76D had
20never applied to it.

(4) The Secretary of State may by a further direction revoke a direction
under subsection (1) at any time before the determination of the
direct application concerned.

(5) Where a direction is given under subsection (4), the Secretary of State
25must serve a copy of the direction on—

(a) the person, if any, previously appointed under section 76D to
determine the application concerned,

(b) the applicant, and

(c) the local planning authority.

(6) 30Where a direction is given under subsection (4) in relation to a direct
application—

(a) anything done by or on behalf of the Secretary of State in
connection with the application which might have been done
by a person appointed under section 76D to determine the
35application is, unless the person appointed under section 76D
to determine the application directs otherwise, to be treated
as having been done by that person, and

(b) subject to that, section 76D applies to the application as if no
direction under subsection (1) had been given in relation to
40the application.

6 In section 70A(2) (power to decline to determine planning application where
Secretary of State has refused similar application in previous two years) after
“has refused a similar application” insert “made to the Secretary of State
under section 62A or”.

7 45In section 70B(3) (power to decline to determine planning application where
Secretary of State currently considering similar application) after “in
pursuance of section” insert “62A,”.

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8 In section 78(2) (right to appeal where local planning authority has taken
none of the listed steps in relation to an application) after “made such an
application” insert “to the local planning authority”.

9 In section 284(3) (actions which may be questioned in legal proceedings only
5so far as provided by Part 12 of the 1990 Act) before paragraph (za) insert—

(ya) any decision on an application made to the Secretary of State
under section 62A;.

10 In section 303 (fees for planning applications etc) as substituted by section
199 of the Planning Act 2008, after subsection (1) insert—

(1A) 10The Secretary of State may by regulations make provision for the
payment of a fee to the Secretary of State in respect of—

(a) any application made to the Secretary of State under section
62A;

(b) the giving of advice about applying under section 62A for
15any permission, approval or consent or for anything else for
which an application may be made under that section.

11 In section 319A(7) (proceedings for which Secretary of State must determine
the procedure) before paragraph (a) insert—

(za) an application made to the Secretary of State under section
2062A;.

Planning and Compulsory Purchase Act 2004 (c. 5)Planning and Compulsory Purchase Act 2004 (c. 5)

12 In section 59(2) of the Planning and Compulsory Purchase Act 2004
(correctable errors: meaning of “inspector”) after “to determine appeals
instead of the Secretary of State” insert “or appointed under section 76D of
25the principal Act to determine applications instead of the Secretary of State”.

Section 6

SCHEDULE 2 Modification or discharge of affordable housing requirements: related
amendments

1 The Town and Country Planning Act 1990 is amended as follows.

2 30In section 5(3) (provisions for the purposes of which the Broads Authority is
the sole district planning authority for the Broads) for “106B” substitute
“106BB”.

3 (1) Section 106 (planning obligations) is amended as follows.

(2) In subsection (1) (which defines “planning obligation” for the purposes of
35that section and sections 106A and 106B) for “and 106B” substitute “to 106C”.

(3) In subsection (12) (sections 106 to 106B to be subject to regulations for
charging on land of sums payable in connection with planning obligations)
for “and 106B” substitute “to 106BB”.

4 (1) Section 106A (modifications and discharge of planning obligations) is
40amended as follows.

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(2) In subsection (1) (planning obligation to be modified or discharged by
agreement or in accordance with sections 106A and 106B)—

(a) after “in accordance with” insert “—(i)”, and

(b) after “section 106B” insert , or

(ii) 5sections 106BA and 106BB.

(3) In subsection (8) (effect of determination that planning obligation is to have
effect subject to modifications), after “determine” insert “under this section”.

5 (1) Section 106B (appeals in relation to applications under section 106A) is
amended as follows.

(2) 10In the heading, after “Appeals” insert “in relation to applications under
section 106A”.

(3) In subsection (1)(b) (application of section) after “determine” insert “under
section 106A”.

6 (1) Section 106C (legal challenges relating to development consent obligations)
15is amended as follows.

(2) In subsection (1) (challenges to Secretary of State’s failure to give notice
under section 106A(7)), after “106A(7)” in both places insert “or 106BA(9)”.

(3) After subsection (1) insert—

(1A) If no period is prescribed under section 106BA(9), the period of 6
20weeks referred to in subsection (1)(b) that applies in relation to
proceedings for failure to give notice as mentioned in subsection (9)
of section 106BA begins with the expiry of the period mentioned in
that subsection that applies in the applicant’s case.

(4) In subsection (2) (challenges to Secretary of State’s determination that
25planning obligation is to continue to have effect without modification), in
paragraph (b), after “106A(7)” insert “or 106BA(9)”.

(5) After subsection (2) insert—

(3) A court may entertain proceedings for questioning a determination
by the Secretary of State on an application under section 106BA that
30a planning obligation shall be modified otherwise than in accordance
with the application only if—

(a) the proceedings are brought by a claim for judicial review,
and

(b) the claim form is filed during the period of 6 weeks beginning
35with the day on which notice of the determination is given
under section 106BA(9).

7 In section 319A (determination by Secretary of State of procedure by which
certain types of proceedings are to be considered), in subsection (7)
(proceedings to which the section applies), after paragraph (b) insert—

(ba) 40an appeal under section 106BB (appeals in relation to
applications for modification or discharge of affordable
housing requirements);.

8 (1) Section 333 (regulations and orders) is amended as follows.

(2) In subsection (4) (power to make orders under Act exercisable by statutory
45instrument), after “87,” insert “106BA(13),”.

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(3) After subsection (5) insert—

(5ZA) No order may be made under section 106BA(13) unless a draft of the
instrument containing the order has been laid before, and approved
by a resolution of, each House of Parliament.

9 (1) 5Schedule 6 (determination of certain appeals by person appointed by
Secretary of State) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (1) (power of Secretary of State to prescribe classes
of appeals under specified provisions to be determined by person
10appointed), after “106B,” insert “106BB,”, and

(b) after that sub-paragraph insert—

(1A) If no classes of appeals under section 106BB are prescribed
by regulations under sub-paragraph (1), all appeals under
that section are to be determined by a person appointed by
15the Secretary of State for the purpose instead of by the
Secretary of State.

(3) In paragraph 2(1)(aa) (person appointed in relation to appeals under section
106B to have the same powers and duties as Secretary of State under that
section), after “106B” insert “or 106BB”.

10 20In Part 1 of Schedule 16 (provisions of the Planning Acts to which sections
314 to 319 apply), in the entry for Sections 106 to 106B, for “106B” substitute
“106BB”.

Section 9

SCHEDULE 3 Periodic review of mineral planning permissions

1 25Schedule 14 to the Environment Act 1995 (periodic review of mineral
planning permissions) is amended as follows.

2 Before paragraph 1 insert—

Power to carry out periodic reviews

A1 The mineral planning authority for an area in England may, in
30accordance with the provisions of this Schedule, cause one or
more periodic reviews to be carried out of the mineral permissions
relating to a mining site.

3 In paragraph 1 (duty to carry out periodic reviews), after “The mineral
planning authority” insert “for an area in Wales”.

4 35In paragraph 2(1) (interpretation), for the definition of “first review date”
substitute—

5 After paragraph 2 insert—

5The first review date: mineral planning authorities in England

2A (1) In the application of this Schedule in relation to a mineral planning
authority for an area in England, “first review date” means the
date set by the authority in accordance with sub-paragraph (2)
below as the first review date for the purposes of the first periodic
10review of the mineral permissions relating to a mining site.

(2) That date may not be earlier than the relevant date found under
paragraph 3 below in relation to the site.

(3) This paragraph is subject to paragraphs 3A and 5 below (power to
specify different relevant date, and postponement of first review
15date).

The first review date: mineral planning authorities in Wales

2B (1) In the application of this Schedule in relation to a mineral planning
authority for an area in Wales, “first review date” in relation to a
mining site means the relevant date found under paragraph 3
20below in relation to the site.

(2) This paragraph is subject to paragraphs 3A and 5 below (power to
specify different relevant date, and postponement of first review
date).

6 (1) Paragraph 3 (the first review date) is amended as follows.

(2) 25Before sub-paragraph (1) insert—

(A1) This paragraph has effect for the purposes of paragraphs 2A and
2B above.

(3) For “first review date” in each place substitute “relevant date”.

(4) For the italic heading immediately before that paragraph substitute “The
30relevant date for the purposes of a first periodic review”.

7 In paragraph 3A (power to specify a first review date by order), for “first
review date” in each place substitute “relevant date”.

8 (1) Paragraph 4 (service of notice of first periodic review) is amended as
follows.

(2) 35Before sub-paragraph (1) insert—

(A1) This paragraph applies—

(a) where a mineral planning authority for an area in England
determines that it will carry out a periodic review of the
mineral permissions relating to a mining site, and that
40periodic review is the first periodic review of the
permissions relating to that site, and

Growth and Infrastructure BillPage 45

(b) in relation to the first periodic review by a mineral
planning authority for an area in Wales of the mineral
permissions relating to a mining site.

(3) In sub-paragraph (1)—

(a) 5omit “of the mineral permissions relating to a mining site”, and

(b) for “that site” substitute “the site to which the review relates”.

9 (1) Paragraph 12 (second and subsequent periodic reviews) is amended as
follows.

(2) Before sub-paragraph (1) insert—

(A1) 10This paragraph applies—

(a) where a mineral planning authority for an area in England
determines that it will carry out a periodic review of the
mineral permissions relating to a mining site, and that
periodic review is the second or a subsequent periodic
15review of the permissions relating to that site, and

(b) in relation to the second or any subsequent periodic review
by a mineral planning authority for an area in Wales of the
mineral permissions relating to a mining site.

(A2) In the application of this paragraph in relation to a mineral
20planning authority for an area in England “the review date” means
the date set by the authority as the review date for the purposes of
the periodic review.

(A3) That date may not be earlier than the relevant date found under
sub-paragraph (1) below in relation to the site.

(A4) 25In the application of this paragraph in relation to a mineral
planning authority for an area in Wales “the review date” means
the relevant date found under sub-paragraph (1) below in relation
to the site.

(3) In sub-paragraph (1), for ““review date”” substitute ““relevant date””.

(4) 30In sub-paragraph (2)—

(a) omit the “and” at the end of paragraph (a), and

(b) at the end of paragraph (b) insert , and

(c) paragraph 4(A1) were omitted.

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Section 14

SCHEDULE 4 New Schedule 1A to the Commons Act 2006

In the Commons Act 2006, after Schedule 1 insert—

Section 15C

Schedule 1A Exclusion of right under section 15

Trigger events 5Terminating events
1. An application for planning
permission in relation to the
land which would be
determined under section 70 of
the 1990 Act is first publicised
in accordance with
requirements imposed by a
development order by virtue of
section 65(1) of that Act.
(a)

The application is
withdrawn.

(b)

A decision to decline to
determine the application
10is made under section 70A
of the 1990 Act.

(c)

In circumstances where
planning permission is
refused, all means of
15challenging the refusal in
legal proceedings in the
United Kingdom are
exhausted and the decision
is upheld.

(d)

20In circumstances where
planning permission is
granted, the period within
which the development to
which the permission
25relates must be begun
expires without the
development having been
begun.



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Trigger events Terminating events
2. An application for planning
permission made in relation to
the land under section 293A of
the 1990 Act is first publicised
in accordance with subsection
(8) of that section.
(a)

The application is
withdrawn.

(b)

In circumstances where
5planning permission is
refused, all means of
challenging the refusal in
legal proceedings in the
United Kingdom are
10exhausted and the decision
is upheld.

(c)

In circumstances where
planning permission is
granted, the period within
15which the development to
which the permission
relates must be begun
expires without the
development having been
20begun.






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3. A draft of a development
plan document which
identifies the land for potential
development is published for
consultation in accordance
with regulations under section
17(7) of the 2004 Act.
(a)

The document is
withdrawn under section
22(1) of that Act.

(b)

30The document is adopted
under section 23(2) or (3) of
that Act (but see paragraph
4 of this Table).



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40
4. A development plan
document which identifies the
land for potential development
is adopted under section 23(2)
or (3) of the 2004 Act.
(a)

The document is revoked
under section 25 of the 2004
Act.

(b)

A policy contained in the
45document which relates to
the development of the
land in question is
superseded by another
policy by virtue of section
5038(5) of that Act.






55
5. A draft of a neighbourhood
development plan which
identifies the land for potential
development is published for
consultation in accordance
with regulations under section
38A(7) of the 2004 Act.
(a)

The document is
withdrawn under
paragraph 2(1) of Schedule
4B to the 1990 Act (as it
60applies by virtue of section
38A(3) of the 2004 Act).

(b)

The plan is made under
section 38A of that Act (but
see paragraph 6 of this
65Table).






70

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Trigger events Terminating events
6. A neighbourhood
development plan which
identifies the land for potential
development is made under
section 38A of the 2004 Act.
(a)

The plan ceases to have
effect.

(b)

The plan is revoked under
5section 61M of the 1990 Act
(as it applies by virtue of
section 38C(2) of the 2004
Act).

(c)

A policy contained in the
10plan which relates to the
development of the land in
question is superseded by
another policy by virtue of
section 38(5) of that Act.


15



7. A development plan for the
purposes of section 27 or 54 of
the 1990 Act, or anything
treated as contained in such a
plan by virtue of Schedule 8 to
the 2004 Act, continues to have
effect (by virtue of that
Schedule) on the
commencement of section 14 of
the Growth and Infrastructure
Act 2013 and identifies the land
for potential development.
20The plan ceases to have effect by
virtue of paragraph 1 of Schedule 8
to the 2004 Act.


25




30
8. A proposed application for
an order granting development
consent under section 114 of
the 2008 Act in relation to the
land is first publicised in
accordance with section 48 of
that Act.
(a)

The period of two years
beginning with the day of
publication expires.

(b)

35The application is
publicised under section
56(7) of the 2008 Act (but
see paragraph 9 of this
Table).


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45

Growth and Infrastructure BillPage 49

Trigger events Terminating events
9. An application for such an
order in relation to the land is
first publicised in accordance
with section 56(7) of the 2008
Act.
(a)

The application is
withdrawn.

(b)

In circumstances where the
5application is refused, all
means of challenging the
refusal in legal proceedings
in the United Kingdom are
exhausted and the decision
10is upheld.

(c)

In circumstances where an
order granting
development consent in
relation to the land is made,
15the period within which the
development to which the
consent relates must be
begun expires without the
development having been
20begun.






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Interpretation

In this Schedule—

Notes

1 For the purposes of this Schedule, all means of challenging a
35decision in legal proceedings in the United Kingdom are to be
treated as exhausted and the decision is to be treated as upheld if,
at any stage in the proceedings, the time normally allowed for the
making of an appeal or further appeal or the taking of any other
step to challenge the decision expires without the appeal having
40been made or (as the case may be) the other step having been
taken.

2 Paragraph 7 of the first column of the Table does not apply in
relation to a part of a development plan for the purposes of section
27 or 54 of the 1990 Act which consists of—

a (a) 45Part 1 of a unitary development plan or alterations to such
a Part, or

(b) a structure plan or alterations to such a plan.

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