hl15089.15-18

House of Lords

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Infrastructure Bill [HL]

15

development order” substitute “, a local development order or a Mayoral

development order”.

4
In section 57(3) (planning permission not required for normal use of land

where planning permission for development of land granted by

development order etc) after “a local development order” insert “, a

Mayoral development order”.

5
In section 58(1) (planning permission may be granted by development

order etc) after “a local development order” insert “, a Mayoral

development order”.

6
In section 62(2A) (applications for planning permission: references in

subsections (1) and (2) to applications for planning permission to include

applications under section 61L(2)) after “references to” in the second

place insert “—

(a)
applications for consent, agreement or approval as

mentioned in section 61DB(2), and

(b)
”.

7
In section 65(3A) (notice etc of applications for planning permission:

references in subsections (1) and (3) to applications for planning

permission etc to include applications under section 61L(2) etc) after

“references to” in the second place insert “—

(a)
any application for consent, agreement or approval as

mentioned in section 61DB(2) or any applicant for such

consent, agreement or approval, and

(b)
”.

8    (1)
Section 69 (register of applications etc) is amended as follows.

      (2)
In subsection (1) (duty of local planning authority to keep register

containing information about planning applications etc) after paragraph

(c) insert—

“(cza)
Mayoral development orders;”.

      (3)
In subsection (2)(b) (requirement for register to contain information

about local development orders etc) after “local development order,”

insert “Mayoral development order,”.

9    (1)
Section 71 (consultations in connection with determinations under

section 70) is amended as follows.

      (2)
In subsection (2ZA) (references in subsections (1) and (2) to applications

for planning permission to include applications under section 61L(2))

after “references to” in the second place insert “—

(a)
an application for consent, agreement or approval as

mentioned in section 61DB(2), and

(b)
”.

      (3)
In subsection (3A) (disapplication of consultation requirement relating

to caravan sites in case of neighbourhood development order) after

“granted by” insert “a Mayoral development order or”.

10
In section 74(1ZA) (directions etc as to method of dealing with

applications: references in subsections (1)(c) and (f) to planning

permission etc to include approvals under section 61L(2) etc)—

16

(a)
in paragraph (a) after “reference to” in the second place insert “—

(i)
a consent, agreement or approval as

mentioned in section 61DB(2), and

(ii)
”, and

(b)
in paragraph (b) after “references to” in the second place insert

“—

(i)
applications for consent, agreement or

approval as mentioned in section 61DB(2),

and

(ii)
”.

11
In section 77(1) (reference of applications to the Secretary of State)—

(a)
for “approval” substitute “consent, agreement or approval”, and

(b)
after “a local development order” insert “, a Mayoral

development order”.

12
In section 78(1)(c) (right of appeal against refusal of application for

approval under development order etc.) after “a local development

order” insert “, a Mayoral development order”.

13
In section 88(9) (provision for permission for development in enterprise

zones does not prevent planning permission from being granted by

other means) after “a local development order” insert “, a Mayoral

development order”.

14
In section 91(4)(a) (provisions about general condition limiting duration

of planning permission do not apply to permission granted by

development order etc) after “a local development order” insert “, a

Mayoral development order”.

15  (1)
Section 108 (compensation for refusal etc of planning permission

formerly granted by development order etc) is amended as follows.

      (2)
In the heading after “local development order” insert “, Mayoral

development order”.

      (3)
In subsection (1)—

(a)
in paragraph (a) after “a local development order” insert “, a

Mayoral development order”, and

(b)
after “the local development order” insert “, the Mayoral

development order”.

      (4)
After subsection (1) insert—

“(1A)
Where section 107 applies in relation to planning permission

granted by a Mayoral development order—

(a)
subsection (1) of that section has effect as if it provided for

a claim to be made to, and compensation to be paid by,

the Mayor of London rather than the local planning

authority, and

(b)
subject to subsection (1B), sections 109 to 112 have effect

where compensation is payable by the Mayor of London

under section 107(1) as if references to the local planning

authority (however expressed) were references to the

Mayor of London.

17

(1B)
Subsection (1A)(b) does not apply to section 110(2) or (4).”

      (5)
In subsection (2)—

(a)
after “a local development order” insert “, a Mayoral

development order”, and

(b)
after “revocation” in both places insert “, revision”.

      (6)
In subsection (3B) after paragraph (b) insert—

“(ba)
in the case of planning permission granted by a Mayoral

development order, the condition in subsection (3DA) is

met, or”.

      (7)
After subsection (3D) insert—

“(3DA)
The condition referred to in subsection (3B)(ba) is that—

(a)
the planning permission is withdrawn by the revocation

or revision of the Mayoral development order,

(b)
notice of the revocation or revision was published in the

prescribed manner not less than 12 months or more than

the prescribed period before the revocation or revision

took effect, and

(c)
either—

(i)
the development authorised by the Mayoral

development order had not begun before the

notice was published, or

(ii)
section 61DE(3) applies in relation to the

development.”

16
In section 109(6) (apportionment of compensation for depreciation:

interpretation) in the definition of “relevant planning decision” after “the

local development order” insert “, the Mayoral development order”.

17
In section 171H(1)(a) (compensation for temporary stop notice:

application where activity authorised by development order etc) after “a

local development order” insert “, a Mayoral development order”.

18
In section 264(5)(ca) (land which is treated as operational land of a

statutory undertaker by virtue of planning permission for its

development granted by a local development order etc) after “a local

development order” insert “, a Mayoral development order”.

19  (1)
Section 303 (fees for planning applications etc) is amended as follows.

      (2)
After subsection (1) insert—

“(1ZA)
The Secretary of State may by regulations make provision for the

payment of a fee to—

(a)
the Mayor of London in respect of an application for

consent, agreement or approval as mentioned in section

61DB(2) or the giving of advice about such an application;

(b)
a specified person in respect of an application for consent,

agreement or approval for which provision is made

under section 61DB(4) or the giving of advice about such

an application.”

      (3)
After subsection (10) insert—

18

“(10A)
If the Mayor of London or a specified person calculates the

amount of fees in pursuance of provision made by regulations

under subsection (1ZA) the Mayor of London or the specified

person must secure that, taking one financial year with another,

the income from the fees does not exceed the cost of performing

the function.”

      (4)
After subsection (11) insert—

“(12)
In this section “specified person” means a person specified by

development order under section 61DB(4).”

20
In section 305(1)(a) (contributions by Ministers towards compensation

paid by local authorities) after “local authority” insert “, the Mayor of

London”.

21
In section 324 (rights of entry) after subsection (1A) insert—

“(1B)
Any person duly authorised in writing by the Secretary of State,

a local planning authority or the Mayor of London may at any

reasonable time enter any land for the purpose of surveying it in

connection with—

(a)
a proposal by a local planning authority to apply to the

Mayor of London for the Mayor to make a Mayoral

development order, or

(b)
a proposal by the Mayor of London to make a Mayoral

development order.”

22  (1)
Section 333 (regulations and orders) is amended as follows.

      (2)
In subsection (4) after “61A(5)” insert “, 61DD(4),”.

      (3)
In subsection (5) after “Wales),” insert “61DD(4),”.

23
In section 336(1) (interpretation) at the appropriate place insert—

““relevant local planning authority” is to be construed in

accordance with section 61DB(9);”.”
In the Title
Line 15, after “incentives;” insert “to make provision about the reimbursement of
persons who have paid for electricity connections;”
Line 15, after “incentives;” insert “to make provision for enabling the Public Works
Loan Commissioners to be abolished;”