SCHEDULE 1 continued
Growth and Infrastructure BillPage 40
by a development order, with or without modifications, to an
application for planning permission made to the Secretary of State
under section 62A.
(3)
Where an application is made to the Secretary of State under section
562A(3) instead of to the authority to whom it would otherwise have
been made, a development order may apply, with or without
modifications, to the application any enactment that relates to
applications of that kind when made to that authority.
(1)
10An application made to the Secretary of State under section 62A (“a
direct application”) is to be determined by a person appointed by the
Secretary of State for the purpose instead of by the Secretary of State,
subject to section 76E.
(2)
Where a person has been appointed under subsection (1) or this
15subsection to determine a direct application then, at any time before
the person has determined the application, the Secretary of State
may—
(a) revoke the person’s appointment; and
(b) appoint another person to determine the application instead.
(3)
20A person appointed under this section to determine an application
for planning permission made to the Secretary of State under section
62A has the same powers and duties that the Secretary of State has
under section 76C.
(4)
Where a direct application is determined by a person appointed
25under this section, the person’s decision is to be treated as that of the
Secretary of State.
(5)
Except as provided by Part 12, the validity of that decision is not to
be questioned in any proceedings whatsoever.
(6)
It is not a ground of application to the High Court under section 288
30that a direct application ought to have been determined by the
Secretary of State and not by a person appointed under this section
unless the applicant challenges the person’s power to determine the
direct application before the person’s decision on the direct
application is given.
(7) 35Where any enactment (other than this section and section 319A)—
(a)
refers (or is to be read as referring) to the Secretary of State in
a context relating to or capable of relating to an application
made under section 62A (otherwise than by referring to the
application having been made to the Secretary of State), or
(b)
40refers (or is to be read as referring) to anything (other than the
making of the application) done or authorised or required to
be done by, to or before the Secretary of State in connection
with any such application,
then, so far as the context permits, the enactment is to be read, in
45relation to an application determined or to be determined by a
person appointed under this section, as if the reference to the
Secretary of State were or included a reference to that person.
Growth and Infrastructure BillPage 41
(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,”.
Growth and Infrastructure BillPage 42
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;”.
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 7
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
“106BC”.
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 106BC”.
4
(1)
Section 106A (modification and discharge of planning obligations) is
40amended as follows.
Growth and Infrastructure BillPage 43
(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 106BC.”
(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 106BC (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(14),”.
Growth and Infrastructure BillPage 44
(3) After subsection (5) insert—
“(5ZA)
No order may be made under section 106BA(14) 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 “106BC,”, and
(b) after sub-paragraph (2) insert—
“(2A)
If no classes of appeals under section 106BC 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 106BC”.
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
“106BC”.
Section 10
1
25Schedule 14 to the Environment Act 1995 (periodic review of mineral
planning permissions) is amended as follows.
2 Before paragraph 1 insert—
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—
““first review date”—
in relation to a mineral planning authority for an area
in England, has the meaning given by paragraph 2A
40below, and
Growth and Infrastructure BillPage 45
in relation to a mineral planning authority for an area
in Wales, has the meaning given by paragraph 2B
below;”.
5 After paragraph 2 insert—
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).
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 46
(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 16
In the Commons Act 2006, after Schedule 1 insert—
Section 15C
| 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 (b)
A decision to decline to (c)
In circumstances where (d)
20In circumstances where 30 35 |
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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 (b)
In circumstances where (c)
In circumstances where 25 |
| 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 (b)
30The document is adopted 35 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 (b)
A policy contained in the 55 |
| 5. A proposal for a neighbourhood development plan which identifies the land for potential development is published by a local planning authority for consultation in accordance with regulations under paragraph 4(1) of Schedule 4B to the 1990 Act as it applies by virtue of section 38A(3) of the 2004 Act. |
(a)
The proposal is withdrawn (b)
The plan is made under 70 75 |
Growth and Infrastructure BillPage 49
| 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 (b)
The plan is revoked under (c)
A policy contained in the 20 |
| 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 16 of the Growth and Infrastructure Act 2013 and identifies the land for potential development. |
The 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 (b)
The application is 45 |
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| 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 (b)
In circumstances where the (c)
In circumstances where an 25 |
In this Schedule—
“the 1990 Act” means the Town and Country Planning Act
1990;
30“the 2004 Act” means the Planning and Compulsory
Purchase Act 2004;
“the 2008 Act” means the Planning Act 2008.
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.”