some default text...

Growth and Infrastructure Bill (HL Bill 85)

Growth and Infrastructure BillPage 10

(4) The Secretary of State may by order repeal sections 106BA and 106BB of the
Town and Country Planning Act 1990.

(5) An order under subsection (4) may amend, repeal or revoke any provision of
an Act or an instrument made under an Act (whenever passed or made) in
5consequence of the repeal of those sections.

7 Disposals of land held for planning purposes

(1) In the Town and Country Planning Act 1990, section 233 (disposal by local
authorities of land held for planning purposes) is amended as follows.

(2) After subsection (3) (Secretary of State’s consent required for certain disposals
10for consideration less than the best that can reasonably be obtained) insert—

(3A) The Secretary of State may give consent under subsection (3)—

(a) in relation to any particular disposal or disposals, or in relation
to a particular class of disposals,

(b) in relation to local authorities generally, or local authorities of a
15particular class, or to any particular local authority or
authorities, and

(c) either unconditionally or subject to conditions (either generally,
or in relation to any particular disposal or disposals or class of
disposals).

(3) 20After subsection (8) (exclusion of section 123 of the Local Government Act
1972) insert—

(9) Section 128(2) of the Local Government Act 1972 (which already gives
protection to purchasers etc in respect of certain land transactions,
including disposals under this section by certain authorities) applies in
25relation to every disposal of land under this section by a local authority
for an area in England; and section 29 of the Town and Country
Planning Act 1959 does not apply in relation to such a disposal.

8 Electronic communications code: the need to promote growth

(1) In section 109(2) of the Communications Act 2003 (matters to which Secretary
30of State must have regard when making regulations about conditions and
restrictions on application of electronic communications code), after paragraph
(b) insert—

(ba) the need to promote economic growth in the United Kingdom;

(2) In section 11A of the National Parks and Access to the Countryside Act 1949
35(public authorities’ duty to have regard to conserving beauty etc of National
Parks when exercising functions in relation to them), after subsection (2)
insert—

(2A) Subsection (2) does not apply to the exercise by the Secretary of State of
the power to make regulations under section 109 of the
40Communications Act 2003 (conditions and restrictions on application
of electronic communications code) if—

(a) the power is exercised before 6 April 2018, and

(b) the resulting regulations are expressed to cease to have effect
(other than for transitional purposes) before that date.

Growth and Infrastructure BillPage 11

(3) In Article 4 of the Nature Conservation and Amenity Lands (Northern Ireland)
Order 1985 (S.I. 1985/170 (N.I. 1)S.I. 1985/170 (N.I. 1)) (public bodies’ duty to have regard to
conserving beauty etc of countryside when exercising functions in relation to
it), after paragraph (1) insert—

(1A) 5Paragraph (1) does not apply to the exercise by the Secretary of State of
the power to make regulations under section 109 of the
Communications Act 2003 (conditions and restrictions on application
of electronic communications code) if—

(a) the power is exercised before 6 April 2018, and

(b) 10the resulting regulations are expressed to cease to have effect
(other than for transitional purposes) before that date.

(4) In section 17A of the Norfolk and Suffolk Broads Act 1988 (public authorities’
duty to have regard to conserving beauty etc of the Broads when exercising
functions in relation to them), after subsection (1) insert—

(1A) 15Subsection (1) does not apply to the exercise by the Secretary of State of
the power to make regulations under section 109 of the
Communications Act 2003 (conditions and restrictions on application
of electronic communications code) if—

(a) the power is exercised before 6 April 2018, and

(b) 20the resulting regulations are expressed to cease to have effect
(other than for transitional purposes) before that date.

(5) In subsection (2) of that section, in paragraph (c), after “statutory undertaker”
insert “(other than an electronic communications code operator)”.

(6) In section 85 of the Countryside and Rights of Way Act 2000 (public
25authorities’ duty to have regard to conserving beauty etc of areas of
outstanding natural beauty when exercising functions in relation to such
areas), after subsection (1) insert—

(1A) Subsection (1) does not apply to the exercise by the Secretary of State of
the power to make regulations under section 109 of the
30Communications Act 2003 (conditions and restrictions on application
of electronic communications code) if—

(a) the power is exercised before 6 April 2018, and

(b) the resulting regulations are expressed to cease to have effect
(other than for transitional purposes) before that date.

(7) 35At the end of section 14 of the National Parks (Scotland) Act 2000 (asp 10)2000 (asp 10)
(public authorities’ duty to have regard to National Park Plans when
exercising functions in relation to National Parks), the existing text of which
becomes subsection (1), insert—

(2) Subsection (1) does not apply to the exercise by the Secretary of State of
40the power to make regulations under section 109 of the
Communications Act 2003 (conditions and restrictions on application
of electronic communications code) if—

(a) the power is exercised before 6 April 2018, and

(b) the resulting regulations are expressed to cease to have effect
45(other than for transitional purposes) before that date.

(8) The amendment in subsection (5) ceases to have effect on 6 April 2018.

Growth and Infrastructure BillPage 12

(9) Consultation undertaken for the purposes of section 109(4) of the
Communications Act 2003 in anticipation of the commencement of this section
(including consultation undertaken before the passing of this Act) is as
effective as consultation undertaken after that commencement.

9 5Periodic review of mineral planning permissions

(1) Schedule 3 (periodic review of mineral planning permissions) has effect.

(2) The amendments made by that Schedule apply in relation to mineral
permissions granted before (as well as after) its coming into force, subject to
subsection (3).

(3) 10Those amendments do not apply in relation to a periodic review under
Schedule 14 to the Environment Act 1995 of the mineral permissions relating
to a mining site which is begun but not completed before the coming into force
of Schedule 3.

(4) For the purposes of subsection (3) a periodic review is begun when a notice is
15served under paragraph 4 of Schedule 14 to the Environment Act 1995 in
connection with the review, and is completed—

(a) when an application under paragraph 6 of that Schedule in connection
with the review is finally determined, or

(b) if no such application is made, when the mineral permissions cease to
20have effect in accordance with paragraph 7 of that Schedule.

(5) Subsection (3) does not affect the determination under Schedule 14 to the
Environment Act 1995 as amended by Schedule 3 of the date of any subsequent
periodic review by reference to a periodic review within that subsection.

(6) Expressions used in this section which are defined in the Environment Act 1995
25have the same meaning as in that Act.

10 Stopping up and diversion of highways

(1) Section 253 of the Town and Country Planning Act 1990 (procedure in
anticipation of planning permission) is amended as follows.

(2) In subsection (1), omit paragraph (b) and the “and” preceding it.

(3) 30After subsection (1) insert—

(1A) Where—

(a) the Welsh Ministers would, if planning permission for any
development had been granted under Part 3, have power to
make an order under section 247 or 248 authorising the
35stopping up or diversion of a highway in order to enable that
development to be carried out, and

(b) subsection (2), (3) or (4) applies,

then, notwithstanding that such permission has not been granted, the
Welsh Ministers may publish notice of the draft of such an order in
40accordance with section 252.

(4) In subsection (2)—

(a) for “Secretary of State” (in each place where it occurs) substitute “Welsh
Ministers”, and

Growth and Infrastructure BillPage 13

(b) for “, a local development order or a neighbourhood development
order” substitute “or a local development order”.

(5) In subsection (4), for “, county borough, metropolitan district or London
borough” substitute “or county borough,”.

(6) 5In subsection (5)—

(a) for “or the council of a London borough” substitute “, the council of a
London borough or the Welsh Ministers”, and

(b) after “subsection (1)” insert “or, as the case may be, (1A)”.

11 Stopping up and diversion of public paths

(1) 10Part 10 of the Town and Country Planning Act 1990 (highways) is amended as
follows.

(2) In section 257 (footpaths, bridleways and restricted byways affected by other
development: orders by other authorities), after subsection (1) insert—

(1A) Subject to section 259, a competent authority may by order authorise
15the stopping up or diversion in England of any footpath, bridleway or
restricted byway if they are satisfied that—

(a) an application for planning permission in respect of
development has been made under Part 3, and

(b) if the application were granted it would be necessary to
20authorise the stopping up or diversion in order to enable the
development to be carried out.

(3) In that section, in subsection (4)—

(a) omit the “and” following paragraph (a), and

(b) after paragraph (b) insert—

(c) 25in the case of development in respect of which an
application for planning permission has been made
under Part 3, the local planning authority to whom the
application has been made or, in the case of an
application made to the Secretary of State under section
3062A, the local planning authority to whom the
application would otherwise have been made.

(4) In section 259 (confirmation of orders made by other authorities), after
subsection (1) insert—

(1A) An order under section 257(1A) may not be confirmed unless the
35Secretary of State or (as the case may be) the authority is satisfied—

(a) that planning permission in respect of the development has
been granted, and

(b) it is necessary to authorise the stopping up or diversion in order
to enable the development to be carried out in accordance with
40the permission.

(5) In that section, in subsection (2), for “any such order” substitute “any order
under section 257(1) or 258”.

Growth and Infrastructure BillPage 14

12 Declarations negativing intention to dedicate way as highway

(1) Section 31 of the Highways Act 1980 (dedication of way as highway presumed
after public use for 20 years) is amended as set out in subsections (2) to (6).

(2) In subsection (6) (depositing of maps and statements and lodging of
5declarations by owner of land to negative presumed intention to dedicate)—

(a) in paragraph (a) omit “on a scale of not less than 6 inches to 1 mile”,

(b) in the words after paragraph (b)—

(i) omit “statutory”, and

(ii) after “declarations” insert “in valid form”, and

(c) 10in sub-paragraphs (i) and (ii) for “ten” substitute “the relevant number
of”.

(3) After subsection (6) insert—

(6A) Where the land is in England—

(a) a map deposited under subsection (6)(a) and a statement
15deposited under subsection (6)(b) must be in the prescribed
form,

(b) a declaration is in valid form for the purposes of subsection (6)
if it is in the prescribed form, and

(c) the relevant number of years for the purposes of sub-
20paragraphs (i) and (ii) of subsection (6) is 20 years.

(6B) Where the land is in Wales—

(a) a map deposited under subsection (6)(a) must be on a scale of
not less than 6 inches to 1 mile,

(b) a declaration is in valid form for the purposes of subsection (6)
25if it is a statutory declaration, and

(c) the relevant number of years for the purposes of sub-
paragraphs (i) and (ii) of subsection (6) is 10 years.

(4) After subsection (6B) (as inserted by subsection (3) above) insert—

(6C) Where, under subsection (6), an owner of land in England deposits a
30map and statement or lodges a declaration, the appropriate council
must take the prescribed steps in relation to the map and statement or
(as the case may be) the declaration and do so in the prescribed manner
and within the prescribed period (if any).

(5) In subsection (7)—

(a) 35for “and (6) above” substitute “, (6), (6C) and (13)”, and

(b) for “subsection (6)” substitute “subsections (6), (6C) and (13)”.

(6) After subsection (12) insert—

(13) The Secretary of State may make regulations for the purposes of the
application of subsection (6) to land in England which make
40provision—

(a) for a statement or declaration required for the purposes of
subsection (6) to be combined with a statement required for the
purposes of section 15A of the Commons Act 2006;

(b) as to the fees payable in relation to the depositing of a map and
45statement or the lodging of a declaration (including provision

Growth and Infrastructure BillPage 15

for a fee payable under the regulations to be determined by the
appropriate council).

(14) For the purposes of the application of this section to land in England
“prescribed” means prescribed in regulations made by the Secretary of
5State.

(15) Regulations under this section made by the Secretary of State may
make—

(a) such transitional or saving provision as the Secretary of State
considers appropriate;

(b) 10different provision for different purposes or areas.

(7) In consequence of the amendment made by subsection (2)(c), omit paragraph
3 of Schedule 6 to the Countryside and Rights of Way Act 2000.

13 Registration of town or village green: statement by owner

In the Commons Act 2006, after section 15 (registration of greens) insert—

15A 15Registration of greens: statement by owner

(1) Where the owner of any land in England to which this Part applies
deposits with the commons registration authority a statement in the
prescribed form, the statement is to be regarded, for the purposes of
section 15, as bringing to an end any period during which persons have
20indulged as of right in lawful sports and pastimes on the land to which
the statement relates.

(2) Subsection (1) does not prevent a new period commencing.

(3) A statement under subsection (1) must be accompanied by a map in the
prescribed form identifying the land to which the statement relates.

(4) 25An owner of land may deposit more than one statement under
subsection (1) in respect of the same land.

(5) If more than one statement is deposited in respect of the same land, a
later statement (whether or not made by the same person) may refer to
the map which accompanied an earlier statement and that map is to be
30treated, for the purposes of this section, as also accompanying the later
statement.

(6) Where a statement is deposited under subsection (1), the commons
registration authority must take the prescribed steps in relation to the
statement and accompanying map and do so in the prescribed manner
35and within the prescribed period (if any).

(7) Regulations may make provision—

(a) for a statement required for the purposes of this section to be
combined with a statement or declaration required for the
purposes of section 31(6) of the Highways Act 1980;

(b) 40for the requirement in subsection (3) to be satisfied by the
statement referring to a map previously deposited under
section 31(6) of the Highways Act 1980;

(c) as to the fees payable in relation to the depositing of a statement
under subsection (1) (including provision for a fee payable

Growth and Infrastructure BillPage 16

under the regulations to be determined by the commons
registration authority);

(d) as to when a statement under subsection (1) is to be regarded as
having been deposited with the commons registration
5authority.

(8) An agreement under section 4(3) of this Act or section 2(2) of the
Commons Registration Act 1965 which would have the effect of
requiring an owner of land to deposit a statement under subsection (1)
with a registration authority in Wales is to be disregarded for the
10purposes of this section.

(9) In this section “prescribed” means prescribed in regulations.

15B Register of section 15A statements

(1) Each commons registration authority must keep, in such manner as
may be prescribed, a register containing prescribed information about
15statements deposited under section 15A(1) and the maps
accompanying those statements.

(2) The register kept under this section must be available for inspection
free of charge at all reasonable hours.

(3) A commons registration authority may discharge its duty under
20subsection (1) by including the prescribed information in the register
kept by it under section 31A of the Highways Act 1980 (register of maps
and statements deposited and declarations lodged under section 31(6)
of that Act).

(4) Regulations may make provision—

(a) 25where a commons registration authority discharges its duty
under subsection (1) in the way described in subsection (3), for
the creation of a new part of the register kept under section 31A
of the Highways Act 1980 for that purpose;

(b) as to the circumstances in which an entry relating to a statement
30deposited under section 15A(1) or a map accompanying such a
statement, or anything relating to the entry, is to be removed
from the register kept under this section or (as the case may be)
the register kept under section 31A of the Highways Act 1980.

(5) In this section “prescribed” means prescribed in regulations.

14 35Restrictions on right to register land as town or village green

(1) In the Commons Act 2006, after section 15B (as inserted by section 13 of this
Act) insert—

15C Registration of greens: exclusions

(1) The right under section 15(1) to apply to register land in England as a
40town or village green ceases to apply if an event specified in the first
column of the Table set out in Schedule 1A has occurred in relation to
the land (“a trigger event”).

(2) Where the right under section 15(1) has ceased to apply because of the
occurrence of a trigger event, it becomes exercisable again only if an

Growth and Infrastructure BillPage 17

event specified in the corresponding entry in the second column of the
Table occurs in relation to the land (“a terminating event”).

(3) The Secretary of State may by order make provision as to when a
trigger or a terminating event is to be treated as having occurred for the
5purposes of this section.

(4) The Secretary of State may by order provide that subsection (1) does not
apply in circumstances specified in the order.

(5) The Secretary of State may by order amend Schedule 1A so as to—

(a) specify additional trigger or terminating events;

(b) 10amend or omit any of the trigger or terminating events for the
time being specified in the Schedule.

(6) A trigger or terminating event specified by order under subsection
(5)(a) must be an event related to the development (whether past,
present or future) of the land.

(7) 15The transitional provision that may be included in an order under
subsection (5)(a) specifying an additional trigger or terminating event
includes provision for this section to apply where such an event has
occurred before the order is made or before it comes into force and as
to its application in such a case.

(8) 20For the purposes of determining whether an application under section
15 is made within the period of two years mentioned in section 15(3)(c),
any period during which an application to register land as a town or
village green may not be made by virtue of this section is to be
disregarded.

(2) 25Schedule 4 (which inserts the new Schedule 1A to the Commons Act 2006) has
effect.

(3) For the purposes of the application of section 15C of the Commons Act 2006 (as
inserted by subsection (1) above), it does not matter whether an event specified
in the first column of Schedule 1A to that Act occurred before or on or after the
30commencement of this section.

(4) The amendment made by subsection (1) does not apply in relation to an
application under section 15(1) of the Commons Act 2006 which is sent before
the day on which this section comes into force.

15 Applications to amend registers: modification of power to provide for fees

35In section 24 of the Commons Act 2006 (regulations about making and
determination of Part 1 applications)—

(a) omit subsection (2)(d) (provision for England and Wales in the same
terms as the provision for Wales made by the new subsection (2B)), and

(b) after subsection (2) insert—

(2A) 40Regulations under subsection (1) made by the Secretary of State
may make provision as to the fees payable in relation to an
application (including provision for a fee payable under the
regulations to be determined by the person to whom the
application is made or (if different) the person by whom the
45application is to be determined).

Growth and Infrastructure BillPage 18

(2B) Regulations under subsection (1) made by the Welsh Ministers
may make provision as to the fee payable on an application
(which may be a fee determined by the person to whom the
application is made).

5Other infrastructure provisions

16 Power stations: repeal of requirements to give notice

(1) In the Energy Act 1976—

(a) section 14 (fuelling of new and converted power stations: requirement
to give notice to Secretary of State) is omitted, and

(b) 10in section 19 (penalties), in subsection (2)—

(i) omit paragraph (b) (including the “or” following it), and

(ii) in paragraph (c), omit “, 7 or 14(3)”.

(2) In Schedule 16 to the Electricity Act 1989, paragraph 22 (which amends the
provision repealed by subsection (1)(a)) is omitted.

(3) 15In the Planning Act 2008—

(a) in section 33 (effect of requirement for development consent on other
consent regimes), in subsection (1), omit paragraph (e), and

(b) in Schedule 2, paragraph 15 (which amends the provision repealed by
subsection (1)(a)) is omitted.

17 20Conditions of licences under Gas Act 1986: payments to other licence-holders

In section 7B of the Gas Act 1986 (general provisions about licences under
section 7 for gas transporters, under section 7ZA for gas interconnectors, and
under section 7A for gas suppliers and gas shippers) in subsection (5)(b)(ii)
(gas transporter’s licence may require payments to be made to holder of licence
25under section 7A) omit “under section 7A above”.

18 Variation of consents under Electricity Act 1989

(1) The Electricity Act 1989 is amended as follows.

(2) After section 36B insert—

36C Variation of consents under section 36

(1) 30The person for the time being entitled to the benefit of a section 36
consent may make an application to the appropriate authority for the
consent to be varied.

(2) Regulations may make provision about the variation of a section 36
consent, including in particular provision about—

(a) 35the making and withdrawal of applications;

(b) fees;

(c) publicity and consultation requirements;

(d) rights to make representations;

(e) public inquiries;

(f) 40consideration of applications.

Growth and Infrastructure BillPage 19

(3) Regulations under subsection (2) may provide for any statutory
provision applicable to the grant of a section 36 consent to apply with
specified modifications to the variation of a section 36 consent.

(4) On an application for a section 36 consent to be varied, the appropriate
5authority may make such variations to the consent as appear to the
authority to be appropriate, having regard (in particular) to—

(a) the applicant’s reasons for seeking the variation;

(b) the variations proposed;

(c) any objections made to the proposed variations, the views of
10consultees and the outcome of any public inquiry.

(5) Regulations may make provision treating, for prescribed purposes, a
section 36 consent varied under this section as granted in its varied
form when the original consent was granted (rather than when the
variation was made).

(6) 15In this section—

  • “the appropriate authority” means—

    (a)

    the Scottish Ministers, in a case where the section 36
    consent relates to a generating station (or proposed
    generating station) in Scotland;

    (b)

    20the Marine Management Organisation, in a case where
    the section 36 consent was granted by it;

    (c)

    the Secretary of State, in any other case;

  • “regulations” means regulations made by—

    (a)

    the Scottish Ministers, in the case of section 36 consents
    25relating to generating stations (or proposed generating
    stations) in Scotland;

    (b)

    the Secretary of State, in any other case;

  • “Scotland” has the same meaning as in section 32(2) (see section
    32(3));

  • 30“section 36 consent” means a consent granted under section 36
    (construction, extension or operation of generating station),
    whenever granted;

  • “statutory provision” means a provision of or made under an Act,
    whenever passed or made; and for this purpose “Act” includes
    35an Act of the Scottish Parliament.

(3) In section 106 (regulations and orders)—

(a) after subsection (1) insert—

(1ZA) Subsection (1) does not apply to the power conferred on the
Scottish Ministers by section 36C.;

(b) 40after subsection (2) insert—

(3) Regulations made by the Scottish Ministers under section 36C
are subject to the negative procedure.

19 Consents under Electricity Act 1989: deemed planning permission

(1) Section 90 of the Town and Country Planning Act 1990 (deemed planning
45permission: development with government authorisation) is amended as set
out in subsections (2) to (4).