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Growth and Infrastructure BillPage 10

(b) the application for planning permission was not determined by
the Mayor of London, and

(c) pursuant to an order under section 2A or a development order,
the local planning authority that determined the application for
5planning permission were required to consult the Mayor of
London in relation to that determination.

(2) A local planning authority that receive an application to which this
section applies must send a copy of the application to the Mayor of
London before the end of the next working day following the day on
10which the application was received.

In this subsection, “working day” means a day which is not a Saturday,
Sunday, Bank Holiday or other public holiday.

In this subsection, “working day” means a day which is not a Saturday,
Sunday, Bank Holiday or other public holiday.

(3) 15The Mayor of London must notify the local planning authority before
the end of the period of 7 days beginning with the day on which the
application was received by the authority whether the Mayor intends
to make representations about the application.

(4) Where pursuant to subsection (3) the Mayor of London notifies the
20local planning authority that the Mayor intends to make
representations, those representations must be made before—

(a) the end of the period of 14 days beginning with the day on
which the application was received by the authority, or

(b) the end of such longer period as may be agreed in writing
25between the authority and the Mayor.

(5) Where this section applies, section 106BA(9)(b) applies as if it required
an authority to give notice of their determination to an applicant
within—

(a) the period of 35 days beginning with the day on which the
30application was received by the authority, or

(b) such longer period as is agreed in writing between the applicant
and the authority.

106BC Appeals in relation to applications under section 106BA

(1) Where an authority other than the Secretary of State—

(a) 35fail to give notice as mentioned in section 106BA(9),

(b) determine under section 106BA that a planning obligation is to
continue to have effect without modification, or

(c) determine under that section that a planning obligation is to be
modified otherwise than in accordance with an application
40under that section,

the applicant may appeal to the Secretary of State.

(2) For the purposes of an appeal under subsection (1)(a), it is to be
assumed that the authority have determined that the planning
obligation is to continue to have effect without modification.

(3) 45An appeal under this section must be made by notice served within
such period as may be prescribed by the Secretary of State.

(4) If no period is prescribed under subsection (3), an appeal under this
section must be made—

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(a) in relation to an appeal under subsection (1)(a), within the
period of 6 months beginning with the expiry of the period
mentioned in section 106BA(9) that applies in the applicant’s
case, or

(b) 5otherwise, within the period of 6 months beginning with the
date on which notice of the determination is given to the
applicant under section 106BA(9).

(5) An appeal under this section must be made by notice served in such
manner as may be prescribed by the Secretary of State.

(6) 10Subsections (3) to (8), (10) and (11) of section 106BA apply in relation to
an appeal under this section as they apply in relation to an application
to an authority under that section, subject to subsections (7) to (15)
below.

(7) References to the affordable housing requirement or the planning
15obligation are to the requirement or obligation as it stood immediately
before the application under section 106BA to which the appeal relates.

(8) References to the first, the second or a subsequent application in
relation to a planning obligation are to an appeal under this section
against a determination on the first, the second or a subsequent
20application in relation to the obligation (whether or not it is the first
such appeal).

(9) Section 106BA(5)(d) (discharge of affordable housing requirement)
does not apply in relation to an appeal under this section.

(10) Subsection (11) applies if, on an appeal under this section, the Secretary
25of State—

(a) does not uphold the determination under section 106BA to
which the appeal relates (if such a determination has been
made), and

(b) determines that the planning obligation is to be modified in
30accordance with section 106BA(5)(a), (b) or (c).

(11) The Secretary of State must also determine that the planning obligation
is to be modified so that it provides that, if the development has not
been completed before the end of the relevant period, the obligation is
treated as containing the affordable housing requirement or
35requirements it contained immediately before the first application
under section 106BA in relation to the obligation, subject to the
modifications within subsection (12).

(12) Those modifications are—

(a) the modifications necessary to ensure that, if the development
40has been commenced before the end of the relevant period, the
requirement or requirements apply only in relation to the part
of the development that is not commenced before the end of
that period, and

(b) such other modifications as the Secretary of State considers
45necessary or expedient to ensure the effectiveness of the
requirement or requirements at the end of that period.

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(13) In subsections (11) and (12) “relevant period” means the period of three
years beginning with the date when the applicant is notified of the
determination on the appeal.

(14) Section 106BA and this section apply in relation to a planning
5obligation containing a provision within subsection (11) as if—

(a) the provision were an affordable housing requirement, and

(b) a person against whom the obligation is enforceable were a
person against whom that requirement is enforceable.

(15) If subsection (11) applies on an appeal relating to a planning obligation
10that already contains a provision within that subsection—

(a) the existing provision within subsection (11) ceases to have
effect, but

(b) that subsection applies again to the obligation.

(16) The determination of an appeal by the Secretary of State under this
15section is to be final.

(17) Schedule 6 applies to appeals under this section.

(18) In the application of Schedule 6 to an appeal under this section in a case
where the authority mentioned in subsection (1) is the Mayor of
London, references in that Schedule to the local planning authority are
20references to the Mayor of London.

(2) Schedule 2 (amendments relating to this section) has effect.

(3) The amendments made by this section and that Schedule apply in relation to
planning obligations within the meaning of section 106 of the Town and
Country Planning Act 1990 entered into before (as well as after) the coming
25into force of this section.

(4) Sections 106BA, 106BB and 106BC of the Town and Country Planning Act 1990,
and subsection (5) of this section, are repealed at the end of 30 April 2016.

(5) The Secretary of State may by order amend subsection (4) by substituting a
later date for the date for the time being specified in that subsection.

(6) 30The Secretary of State may by order make transitional or transitory provision
or savings relating to any of the repeals made by subsection (4).

8 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) 35After subsection (3) (Secretary of State’s consent required for certain disposals
for 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) 40in relation to local authorities generally, or local authorities of a
particular class, or to any particular local authority or
authorities, and

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

(3) After subsection (8) (exclusion of section 123 of the Local Government Act
51972) 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
relation to every disposal of land under this section by a local authority
10for an area in England; and section 29 of the Town and Country
Planning Act 1959 does not apply in relation to such a disposal.

9 Electronic communications code: the need to promote growth

(1) In section 109(2) of the Communications Act 2003 (matters to which Secretary
of State must have regard when making regulations about conditions and
15restrictions on application of electronic communications code), after paragraph
(b) insert—

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

(2) In section 109 of that Act (regulations specifying the restrictions and conditions
subject to which the electronic communications code is to apply) after
20subsection (2) insert—

(2A) Subsection (2B) applies if—

(a) the Secretary of State has complied with subsection (2)(b) in
connection with any particular exercise before 6 April 2018 of
the power to make regulations under this section, and

(b) 25the regulations in question are expressed to cease to have effect
(other than for transitional purposes) before that date.

(2B) The Secretary of State is to be treated as also having complied with any
duty imposed in connection with that exercise of that power by any of
the following—

(3) For the purposes of its application to section 17A of the Norfolk and Suffolk
Broads Act 1988, the definition of “statutory undertaker” in section 25(1) of that
Act is until 6 April 2018 to be read as if paragraph (d) were omitted.

(4) 40Consultation 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.

10 Periodic review of mineral planning permissions

(1) 45Schedule 3 (periodic review of mineral planning permissions) has effect.

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(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) Those amendments do not apply in relation to a periodic review under
5Schedule 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
served under paragraph 4 of Schedule 14 to the Environment Act 1995 in
10connection 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
have effect in accordance with paragraph 7 of that Schedule.

(5) 15Subsection (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
have the same meaning as in that Act.

11 20Stopping 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) After subsection (1) insert—

(1A) 25Where—

(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
stopping up or diversion of a highway in order to enable that
30development 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
accordance with section 252.

(4) 35In subsection (2)—

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

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

(5) 40In subsection (4), for “, county borough, metropolitan district or London
borough” substitute “or county borough,”.

(6) In subsection (5)—

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

(b) 45after “subsection (1)” insert “or, as the case may be, (1A)”.

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12 Stopping up and diversion of public paths

(1) Part 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
5development: orders by other authorities), after subsection (1) insert—

(1A) Subject to section 259, a competent authority may by order authorise
the 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
10development has been made under Part 3, and

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

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

(a) 15omit the “and” following paragraph (a), and

(b) after paragraph (b) insert—

(c) in 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
20application has been made or, in the case of an
application made to the Secretary of State under section
62A, 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
25subsection (1) insert—

(1A) An order under section 257(1A) may not be confirmed unless the
Secretary 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) 30it is necessary to authorise the stopping up or diversion in order
to enable the development to be carried out in accordance with
the permission.

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

13 35Declarations 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
declarations by owner of land to negative presumed intention to dedicate)—

(a) 40in 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) in sub-paragraphs (i) and (ii) for “ten” substitute “the relevant number
45of”.

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(3) After subsection (6) insert—

(6A) Where the land is in England—

(a) a map deposited under subsection (6)(a) and a statement
deposited under subsection (6)(b) must be in the prescribed
5form,

(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-
paragraphs (i) and (ii) of subsection (6) is 20 years.

(6B) 10Where 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)
if it is a statutory declaration, and

(c) 15the 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
map and statement or lodges a declaration, the appropriate council
20must 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) for “and (6) above” substitute “, (6), (6C) and (13)”, and

(b) 25for “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
provision—

(a) 30for 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
statement or the lodging of a declaration (including provision
35for 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
State.

(15) 40Regulations 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) different provision for different purposes or areas.

(7) 45In consequence of the amendment made by subsection (2)(c), omit paragraph
3 of Schedule 6 to the Countryside and Rights of Way Act 2000.

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14 Registration of town or village green: reduction of section 15(3)(c) period

(1) Section 15 of the Commons Act 2006 (registration of greens) is amended as
follows.

(2) In subsection (3), in paragraph (c), for the words from “the period” to the end
5of the paragraph substitute “the relevant period”.

(3) After that subsection insert—

(3A) In subsection (3), “the relevant period” means—

(a) in the case of an application relating to land in England, the
period of one year beginning with the cessation mentioned in
10subsection (3)(b);

(b) in the case of an application relating to land in Wales, the period
of two years beginning with that cessation.

15 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

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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.

16 35Restrictions on right to register land as town or village green

(1) In the Commons Act 2006, after section 15B (as inserted by section 15 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 19

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

(3) In that Act of 2006, in section 59 (orders and regulations)—

(a) after subsection (3) insert—

(3A) A statutory instrument containing an order under section
15C(5) may not be made unless a draft has been laid before and
30approved by a resolution of each House of Parliament., and

(b) in subsection (4), after “subsection (3)” insert “or (3A)”.

(4) 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
35commencement of this section.

(5) 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.

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

40In 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

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