Housing and Planning Bill (HL Bill 87)

Housing and Planning BillPage 160

(3) After subsection (6) insert—

(6ZA) If, before or during the determination of such an appeal in respect of
an application for permission in principle to develop land, the
Secretary of State forms the opinion that, having regard to the
5provisions of section 70 and the development order, permission in
principle for that development could not have been granted by the
local planning authority, he may decline to determine the appeal or
to proceed with the determination.”

24 In the heading before section 97, after “planning permission” insert “or
10permission in principle”.

25 (1) Section 97 (power to revoke or modify planning permission) is amended as
follows.

(2) In the heading, at the end insert “or permission in principle”.

(3) In subsection (1), after “permission” insert “(including permission in
15principle)”.

(4) In subsection (3)(a) and (b), for “where the permission” substitute “in the
case of planning permission that”.

(5) In subsection (4), for “permission” substitute “planning permission”.

26 In section 99 (procedure for section 97 orders: unopposed cases), in
20subsection (8)(a), after “planning permission” insert “or permission in
principle”.

27 (1) In section 106BB (duty to notify the Mayor of London of certain applications
under section 106BA), in paragraphs (a), (b) and (c) of subsection (1), for
“planning permission” substitute “permission”.

(2) 25At the end of that subsection insert—

“In this subsection, “permission” means planning permission or
permission in principle.”

28 (1) Section 107 (compensation where planning permission revoked or
modified) is amended as follows.

(2) 30In the heading and in subsection (1), after “planning permission” insert “or
permission in principle”.

(3) In subsection (4), for “consisting” substitute “that is attributable to the
revocation or modification of planning permission and consists”.

29 (1) Section 108 (compensation for refusal or conditional grant of planning
35permission formerly granted by development order etc) is amended as
follows.

(2) In the heading, after “planning permission” insert “etc”.

(3) After subsection (2A) insert—

(2B) Where—

(a) 40permission in principle granted by a development order is
withdrawn by the revocation or amendment of the order, and

(b) on an application made under Part 3 or section 293A before
the end of the period of 12 months beginning with the date on

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which the revocation or amendment came into operation,
permission in principle is refused for development of a
description that is the same as, or falls within, that to which
the withdrawn permission in principle related,

5section 107 shall apply as if the permission in principle granted by
the development order had been granted by the local planning
authority under Part 3 or section 293A, and had been revoked or
modified by an order under section 97.”

(4) In subsection (3), after “planning permission” insert “, or permission in
10principle,”.

(5) In subsections (3B)(a) and (3C)(a), after “planning permission” insert “or
permission in principle”.

(6) In subsection (3C)(b), for “planning permission” substitute “permission”.

(7) In subsection (3C)(d), before “either” insert “where the development order
15granted planning permission,”.

30 In section 109 (apportionment of compensation for depreciation), in the
definition of “relevant planning decision” in subsection (6), for “by which
planning permission is refused, or is granted” substitute “by which planning
permission or permission in principle is refused, or by which planning
20permission is granted”.

31 In section 284 (validity of development plans and certain orders, decisions
and directions), in subsection (3)(i), after “planning permission” insert “or
permission in principle”.

32 In section 286 (challenges to validity on ground of authority’s powers), in
25subsections (1)(a) and (2), after “planning permission” insert “or permission
in principle”.

33 In section 293 (application to Crown: definitions), in subsection (2A), after
“planning permission” insert “or permission in principle”.

34 (1) Section 293A (urgent Crown development: application) is amended as
30follows.

(2) In subsection (2), after “planning permission” (in both places) insert “or
permission in principle”.

(3) In subsection (4)(a), after “planning permission” insert “, or (as the case may
be) permission in principle,”.

35 (1) 35Section 298A (application for planning permission by Crown) is amended as
follows.

(2) In the heading, after “planning permission” insert “etc”.

(3) In subsection (1), after “for planning permission” insert “, for permission in
principle”.

36 40In section 303 (fees for planning applications etc), in subsection (4), after
“planning permission” insert “or permission in principle”.

37 In section 316 (land of interested planning authorities and development by
them), for subsection (7) substitute—

(7) This section applies—

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(a) to permission in principle to develop any land, and

(b) to any consent required in respect of any land,

as it applies to planning permission to develop land.”

38 In section 322B (local inquiries in London: special provision as to costs in
5certain cases)—

after “planning permission” insert “or permission in principle”.

39 10In section 332 (combined applications), in subsection (1)(a), after “planning
permission” insert “, or permission in principle,”.

40 (1) In section 336 (interpretation), subsection (1) is amended as follows.

(2) At the appropriate place insert—

  • ““permission in principle” means permission of the kind
    15referred to in section 58A;”.

(3) At the end of the definition of “planning permission” insert “but does not
include permission in principle”.

41 (1) Schedule 1 (local planning authorities: distribution of functions) is amended
as follows.

(2) 20In paragraph 3(1)(a), after “planning permission” insert “or permission in
principle”.

(3) In paragraph 4(2), after “application for planning permission” insert “or
permission in principle”.

(4) In paragraphs 7(1), 8(1) and 8(2)(b)(i), 11(1)(a), 16(2)(a) and 18, after
25“planning permission” insert “or permission in principle”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

42 (1) In section 66 of the Planning (Listed Buildings and Conservation Areas) Act
1990 (general duty as respects listed buildings in exercise of planning
functions) in subsection (1), after “planning permission” insert “or
30permission in principle”.

43 In section 91(2) of that Act (expressions that have the same meaning as in the
principal Act), at the appropriate place insert—

  • “permission in principle”.

Commons Act 2006 (c. 26)

44 (1) 35Schedule 1A to the Commons Act 2006 (exclusion of right under section 15)
is amended as follows.

(2) In the first column of the Table, in paragraphs 1 and 2, after “An application
for planning permission” insert “, or permission in principle,”.

(3) In the second column of the Table, in paragraphs 1(c) and 2(c), after
40“planning permission” insert “or permission in principle”.

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Section 142

SCHEDULE 13 Resolution of disputes about planning obligations:
Schedule to be inserted in the Town and Country Planning Act 1990

Section 106ZA

Schedule 1 5Resolution of disputes about planning obligations

Appointment of person to help resolve disputes

1 (1) This paragraph applies where—

(a) a person (“the applicant”) has made an application for
planning permission or an application of a prescribed
10description (“the application”) to a local planning
authority in England,

(b) there are unresolved issues regarding what should be the
terms of any section 106 instrument, and

(c) any prescribed conditions are met.

(2) 15The Secretary of State must (subject to sub-paragraphs (6) to (8))
appoint a person to help with the resolution of the unresolved
issues if—

(a) the Secretary of State thinks that the local planning
authority would be likely to grant the application if
20satisfactory planning obligations were entered into, but
not otherwise, and

(b) sub-paragraph (3), (4) or (5) applies.

(3) This sub-paragraph applies where the applicant or the authority
requests the Secretary of State to make an appointment.

(4) 25This sub-paragraph applies where—

(a) a person of a prescribed description requests the Secretary
of State to make an appointment, and

(b) any prescribed requirements as to the consent of the
applicant or the authority are satisfied.

(5) 30This sub-paragraph applies where—

(a) regulations require an appointment to be made, in
prescribed circumstances, if the unresolved issues have
not been resolved by the end of a prescribed period,

(b) the circumstances are as prescribed, and

(c) 35the unresolved issues have not been resolved by the end of
that period.

(6) The Secretary of State may decline to make an appointment in
prescribed circumstances.

(7) Regulations must provide that—

(a) 40no appointment is to be made under this paragraph before
the end of a prescribed period;

(b) no appointment is to be made in response to a request
under sub-paragraph (3) or (4) if the request is withdrawn
before the end of that period.

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(8) No request may be made under sub-paragraph (3) or (4), and sub-
paragraph (5) does not apply—

(a) if the application has been referred to the Secretary of State
under section 77;

(b) 5if the applicant has appealed to the Secretary of State under
section 78(2) in respect of the application;

(c) if the applicant has made an application to the court, which
has not been disposed of, in respect of it;

(d) in such other circumstances as may be prescribed.

10Co-operation etc with person appointed under paragraph 1

2 Where a person is appointed under paragraph 1 the parties
must—

(a) co-operate with the person;

(b) comply with any reasonable requests by the person to
15provide information or documents or to take part in
meetings.

Report by appointed person

3 (1) A person appointed under paragraph 1 must prepare a report and
send it to the parties.

(2) 20The report must—

(a) identify the unresolved issues;

(b) indicate the steps taken since the person’s appointment to
try to resolve those issues.

(3) If—

(a) 25agreement is reached between the local planning authority
and those who are proposing to enter into planning
obligations, before the report is sent to the parties, on what
are to be the terms of the section 106 instrument, and

(b) the appointed person is aware of the agreement,

30the report must set out the terms agreed.

(4) Where sub-paragraph (3) does not apply, the report must set out
the appointed person’s recommendations as to what terms would
be appropriate.

(5) In deciding what recommendations to make under sub-paragraph
35(4), the appointed person must have regard to any template or
model for section 106 instruments that is published by the
Secretary of State.

(6) The local planning authority must publish the report in
accordance with any provision made by regulations about the
40manner and time of publication.

Temporary prohibition on refusal or appeal

4 (1) Where paragraph 1(3), (4) or (5) applies, the applicant may not
appeal to the Secretary of State under section 78(2) in relation to
the application before—

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(a) the resolution process has come to an end, and

(b) the applicant has paid any fees or costs that the applicant
is required to pay by virtue of paragraph 10(3) or (4)(c).

(2) Where paragraph 1(3), (4) or (5) applies and the local planning
5authority are minded to refuse the application, they may not do so
before—

(a) the resolution process has come to an end, and

(b) the authority have paid any fees or costs that they are
required to pay by virtue of paragraph 10(3) or (4)(c).

(3) 10For the purposes of this paragraph, the resolution process comes
to an end—

(a) on the expiry of the period prescribed under paragraph
1(7), if paragraph 1(5) does not apply and the request
under paragraph 1(3) or (4) is withdrawn (or, where more
15than one such request has been made, they are all
withdrawn) before the end of that period;

(b) when the Secretary of State declines to appoint a person
under paragraph 1, if the Secretary of State declines to
make an appointment;

(c) 20when the parties agree that the process has come to an end,
if they agree that it has;

(d) when the local planning authority publish the appointed
person’s report, if paragraph (a), (b) or (c) does not apply.

Effect of appointed person’s report: planning obligations entered into

5 (1) 25This paragraph applies where—

(a) a local planning authority are determining an application
in connection with which—

(i) a report has been prepared under paragraph 3, and

(ii) planning obligations have been entered into, and

(b) 30the section 106 instrument satisfies the requirements of
sub-paragraph (2).

(2) A section 106 instrument satisfies the requirements of this sub-
paragraph if—

(a) the instrument is in accordance with the terms or
35recommendations reported under paragraph 3(3) or (4), or

(b) the instrument is executed before the end of a prescribed
period and the local planning authority—

(i) are a party to it, or

(ii) notify the applicant, before the end of that period,
40that they are content with the terms of it.

(3) The local planning authority must not refuse the application on a
ground that relates to the appropriateness of the terms of the
section 106 instrument.

(4) If the local authority grant the application, the authority’s power
45to make the grant conditional on a person undertaking—

(a) a planning obligation other than one entered into by the
section 106 instrument, or

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(b) an obligation of some other kind,

is subject to any limitations specified in regulations.

Effect of appointed person’s report: no planning obligations entered into

6 Where—

(a) 5a local planning authority are determining an application
in connection with which a report has been prepared
under paragraph 3,

(b) the report records (under paragraph 3(3)) an agreement
that planning obligations are to be entered into, or
10recommends (under paragraph 3(4)) that planning
obligations are entered into, and

(c) no section 106 instrument is executed before the end of a
prescribed period,

the local planning authority must refuse the application.

15Effect of appointed person’s report: further provision

7 (1) Where a report is prepared under paragraph 3 in connection with
an application—

(a) the local planning authority determining the application
must have regard to the report, to the extent that this
20requirement is consistent with the restrictions in
paragraphs 5 and 6;

(b) a person determining an appeal against the authority’s
decision on the application, or an appeal under section
78(2) in respect of the application, must have regard to the
25report but is not subject to those restrictions.

(2) Regulations may prescribe cases or circumstances in which a
restriction in paragraph 5 or 6 does not apply.

Appointment in connection with two or more applications

8 (1) A person may be appointed under paragraph 1 in connection with
30two or more applications if the same or similar issues arise on both
or all of them.

(2) In such cases—

(a) the provisions of this Schedule apply separately in relation
to each application, but

(b) 35a single report may be made under paragraph 3 in relation
to both or all of the applications.

Exercise of functions on behalf of the Secretary of State

9 (1) The Secretary of State may arrange for a function of the Secretary
of State under paragraph 1 (other than a function of making
40regulations) to be exercised by any body or person on behalf of the
Secretary of State.

(2) A reference in this Schedule to the Secretary of State is to be read,
where appropriate, as including a reference to a body or person
exercising functions under any such arrangements.

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(3) Arrangements under this paragraph—

(a) do not affect the responsibility of the Secretary of State for
the exercise of the function;

(b) may include provision for payments to be made to the
5body or person exercising the function under the
arrangements.

Regulations

10 (1) Regulations may make provision about requests under paragraph
1(3) or (4), including in particular—

(a) 10provision about when requests may be made;

(b) provision about the form of requests;

(c) provision requiring requests to be served on prescribed
persons;

(d) provision requiring prescribed information or documents
15to be provided;

(e) provision about withdrawal of requests.

(2) Regulations may make provision requiring the applicant or the
local planning authority to notify the Secretary of State where
paragraph 1(5) applies.

(3) 20Regulations may make provision for the payment by the parties of
fees in cases where a person is appointed under paragraph 1,
including in particular provision about—

(a) calculating the amount of the fees;

(b) the proportion of the fees that each party is to bear;

(c) 25when fees are to be payable.

(4) Regulations may make further provision supplementing that
made by paragraphs 1 to 9, and may in particular—

(a) make provision about the qualifications or experience that
an appointed person must have;

(b) 30require an appointed person—

(i) to consider or take into account prescribed matters;

(ii) not to consider or take into account prescribed
matters;

(iii) to make prescribed assumptions;

(c) 35provide for a party that is in breach of paragraph 2, or
otherwise behaves unreasonably, to be required by an
appointed person to pay some or all of the costs incurred
by another party in connection with that breach or
behaviour;

(d) 40make provision for corrections or other revisions to be
made to a report under paragraph 3;

(e) require particular steps to be taken by an appointed person
or the parties for the purposes of, or otherwise in
connection with, a report under paragraph 3;

(f) 45require the application to be determined no earlier than a
specified period following the time when a report under
paragraph 3 is sent to the parties, or no later than a
specified period following that time.

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Interpretation

11 In this Schedule—

  • “the applicant” and “the application” have the meaning given
    by paragraph 1(1);

  • 5“appointed person” means a person appointed under
    paragraph 1;

  • “parties” means the applicant and the local planning
    authority;

  • “prescribed period” means a period prescribed by, or
    10determined in accordance with, regulations;

  • “section 106 instrument” means an instrument by which
    planning obligations are entered into.”

Section 159

SCHEDULE 14 Right to enter and survey land: consequential amendments

15Defence Act 1842 (5 & 6 Vict c. 94)

1 In section 16 of the Defence Act 1842, at the end insert—

(3) A person may not be authorised under subsection (1) to enter and
survey or value land in England and Wales in connection with a
proposal to acquire an interest in or a right over land (but see section
20152 of the Housing and Planning Act 2016).”

Coast Protection Act 1949 (12 & 13 Geo 6 c. 74)

2 In section 25 of the Coast Protection Act 1949, after subsection (1) insert—

(1A) A person may not be authorised under subsection (1) to enter and
survey or value land in England and Wales in connection with a
25proposal to acquire an interest in or a right over land (but see section
152 of the Housing and Planning Act 2016).”

National Parks and Access to the Countryside Act 1949 (12, 13 & 14 Geo 6 c. 97)

3 (1) Section 108 of the National Parks and Access to the Countryside Act 1949 is
amended as follows.

(2) 30In subsection (1)(a), after “therein” insert “in relation to land in Scotland”.

(3) After subsection (1) insert—

(1A) A person may not be authorised under subsection (1) to enter and
survey or value land in England and Wales in connection with a
proposal to acquire an interest in or a right over land (but see section
35152 of the Housing and Planning Act 2016).”

Land Powers (Defence) Act 1958 (6 & 7 Eliz 2 c. 30)

4 In section 21 of the Land Powers (Defence) Act 1958, after subsection (1)

Housing and Planning BillPage 169

insert—

(1A) A person may not be authorised under subsection (1) to enter and
survey or value land in England and Wales in connection with a
proposal to acquire an interest in or a right over land (but see section
5152 of the Housing and Planning Act 2016).”

Caravan Sites and Control of Development Act 1960 (8 & 9 Eliz 2 c. 62)

5 In section 26 of the Caravan Sites and Control of Development Act 1960, after
subsection (1) insert—

(1A) A person may not be authorised under subsection (1) to enter and
10survey or value land in England and Wales in connection with a
proposal to acquire an interest in or a right over land (but see section
152 of the Housing and Planning Act 2016).”

Compulsory Purchase Act 1965 (c. 56)

6 In section 11(3) of the Compulsory Purchase Act 1965 for “surveying and
15taking levels” substitute “surveying, valuing or taking levels”.

Criminal Justice Act 1972 (c. 71)

7 In the Criminal Justice Act 1972 omit section 60.

Welsh Development Agency Act 1975 (c. 70)

8 In Schedule 4 to the Welsh Development Agency Act 1975 omit paragraph
2014(1).

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

9 In the Local Government (Miscellaneous Provisions) Act 1976 omit section
15.

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

10 25In section 43 of the Ancient Monuments and Archaeological Areas Act 1979,
for subsection (1) substitute—

(1) Any person authorised under this section may at any reasonable
time enter any land in Scotland for the purpose of surveying it, or
estimating its value, in connection with any proposal to acquire that
30or any other land under this Act or in connection with any claim for
compensation under this Act in respect of any such acquisition.

(1A) Any person authorised under this section may at any reasonable
time enter any land in England and Wales or Scotland for the
purpose of surveying it, or estimating its value, in connection with
35any claim for compensation under this Act for any damage to that or
any other land.

(1B) See section 152 of the Housing and Planning Act 2016 for a power to
enter and survey or value land in England and Wales in connection
with a proposal to acquire an interest in or a right over land.”