Select Committee on Environment, Transport and Regional Affairs Appendices to the Minutes of Evidence


Annex A

THE LEGISLATION UNDER WHICH THE PLANNING INSPECTORATE CAN DEAL WITH CASES

Legislation Section Type of case
Acquisition of Land Act 1981S19, S28 & Sch 3 Exchange of land certificate made by the Secretary of State—open space land
Acquisition of Land Act 1981S19, S28 & Sch 3 Exchange of land certificate made by the Secretary of State—common land, village greens. Fuel or field garden allotments
Ancient Monuments and Archaeological Areas Act 1979 S2Application for Scheduled Monument Consent
Caravan Sites and Control of Development Act 1960 S24Compulsory purchase order—acquisition of land for caravan sites
Channel Tunnel Rail Link Act 1996Sch 6, para 32 Channel Tunnel Planning Appeal (CTPA)
Channel Tunnel Rail Link Deed on Heritage (Listed Buildings and Buildings in Conservation Areas) Para 5(11)Heritage disputes (CTHD)
Civil Aviation Act 1982S46 Use of land for civil aviation purposes
Clean Air Act 1993S97 Revocation and Variation Orders affecting Smoke Control Areas
Coast Protection Act 1949S5 Application for grant
Coast Protection Act 1949S5 Planning of coastal defences
Coast Protection Act 1949S34 Approval of construction works, dredging or depositing in tidal waters by the Secretary of State for Transport
Control of Pollution Act 1974S64 Noise abatement zones
Control of Pollution (Amendment) Act 1989 S4Appeals against refusal of registration of Licences for waste carriers
Countryside Act 1968S7 Compulsory Purchase Order—country parks
Countryside Act 1968S7 Compulsory Purchase Order—acquisition of land for water improvements under S8
Countryside Act 1968S9 Compulsory Purchase Order—acquisition of common land or land in neighbourhood of common
Countryside Act 1968S10 Compulsory Purchase Order—acquisition of land for camping or picnic sites
Cycle Tracks Act 1984 and Cycle Track Regulations 1984 S3 Reg 6(1)Creation of cycle paths
Defence Act 1842
Defence Act 1860
Military Lands Act 1892
Land Powers Defence Act 1958
Unknown
Unknown
Unknown
Unknown
Use of land for defence purposes
Disposal (Amenity) Act 1978S7 Acquisition of land
Education Act 1944 and
Acquisition of Land Act 1981
S90
S2
Compulsory Purchase Order (for Education purposes)
Electricity Act 1989S36 Authorisation to construct Power Stations
Electricity Act 1989S37 Authorisation to construct Power Lines
Environment Act 1995S96, Sch 13, para 6 Review of old minerals permissions
Environment Act 1995S96, Sch 13, para 9 Periodic review of old minerals permissions—approval of conditions
Environment Act 1995
Hedgerow Regulations 1997
S97
Rules 6 & 9
Appeals against Hedgerow Retention Notices
Environment Act 1995
Hedgerow Regulations 1997
S97
Rules 8 & 9
Appeals against Hedgerow Replacement Notices
Environmental Protection Act 1990S15 Appeals against decision of (Environment Agency or LA Air Pollution Control) for: (a) refusing Authorisations; (b) conditions; (c) enforcement notice
Environmental Protection Act 1990S22 Appeals against decision of Environment Agency or LA to refuse confidentiality for Air Pollution Control Authorisations refuse
Environmental Protection Act 1990S43 Appeals against decisions on waste management Licences
Environmental Protection Act 1990S78 as interpreted by S57 of the Environment Act 1995 Appeals against contaminated land remediation notices served by the Environment Agency
Environmental Protection Act 1990S66(5) Waste Management Licences Confidentiality
Environmental Protection Act 1990Sch 1, para 3 Called-in Applications (Air Pollution Consent)
Harbours Act 1964S31 Harbour dues
Highways Act 1980S10 Line order made by the Secretary of State
Highways Act 1980S10 De-trunking order made by the Secretary of State
Highways Act 1980S10 Slip roads orders made by the Secretary of State—often linked to Compulsory Purchase Order
Highways Act 1980S14 & S18 Consequential to trunk and special road development
Highways Act 1980S14 & S125 Side road order made by the Secretary of State
Highways Act 1980S14 & S125 Side road order made by the Local Authority
Highways Act 1980S26 Creation of footpaths and bridleways
Highways Act 1980S27(5) Making public paths
Highways Act 1980S65 Cycle tracks
Highways Act 1980S118 Extinguishment of footpaths and bridleways (not needed for public use)
Highways Act 1980S119 Diversion of footpaths and bridleways
Highways Act 1980S120 Extinguishment or diversion of public paths
Highways Act 1980S124 Closure of access to premises
Highways Act 1980S205, S218 & S220 Private Street Works: Determination of liability for, and amount of, payments—advance payments code
Highways Act 1980 and
Acquisition of Land Act 1981
S239-245 & S250
S2
Compulsory Purchase Order made by the Secretary of State
Highways Act 1980 and
Acquisition of Land Act 1981
S239-245 & S250
S2
Compulsory Purchase Order made by Local Authorities
Housing Act 1985S17 Housing Compulsory Purchase Orders—provision of housing accommodation following the making of a control order
Housing Act 1985S17 Housing Compulsory Purchase Orders—provision of housing accommodation
Housing Act 1985S17, S379 & Sch 13 Part IV Housing Complusory Purchase Orders—General Improvement Areas
Housing Act 1985S29 Housing Compulsory Purchase Orders by County Councils for the provision of housing accommodation
Housing Act 1985S243 Housing Compulsory Purchase Orders—Housing Action Areas
Housing Act 1985S289-290 Housing Compulsory Purchase Orders—clearance of unfit housing
Housing Act 1985S294 Extinguishment of Rights of Way orders
Housing Act 1985S300 Housing Compulsory Purchase of dwellings liable to be demolished
Housing Act 1988S77 Housing Compulsory Purchase Orders by Housing Action Trusts to acquire land for the provision of accommodation
Housing Associations Act 1985S34 Housing Compulsory Purchase Orders by County Councils to acquire land for the provision of accommodation by housing associations
Housing Associations Act 1985S88 Housing Compulsory Purchase Orders by the Housing Corporation to acquire land for the provision of accommodation by housing associations
Land Compensation Act 1961S18 Appeals against Certificate of Appropriate Alternative Development (issued by LPA)
Law of Property Act 1925S194 Enclosure of common land
Licensing Act 1964S110 Licensing proposals for New Towns
Local Government Act 1972
Public Health Act 1875
S121
S164
Compulsory Purchase Orders—Pleasure Grounds
Local Government Act 1972 (and others) S121 & S214Acquisition of land for Cemetries
Local Government Act 1972
Local Government (Miscellaneous Provisions) Act 1976
S121 & S125
S13
Compulsory Purchase Orders—miscellaneous
Local Government Act 1972
Town and Country Planning Act 1990
S250(5)
S320 & S322
Late application for costs in appeals (planning, listed buildings, enforcement etc) dealt with at inquiry
Local Government Act 1972
Wildlife and Countryside Act 1981
S250(5)
Sch 15
Applications for costs on Rights of Way cases
Local Government Act 1972
Highways Act 1980
S250(5)
S302
Applications for costs on Rights of Way cases
Local Government Act 1972
Town and Country Planning Act 1990
S250(5)
S322A
Applications for costs in withdrawn appeal proceedings (planning, listed buildings, enforcement etc)
Local Government Act 1972
Planning (Consequential Provisions) Act 1990
S250(5)
Sch 4
Applications for costs in withdrawn appeal proceedings where (i) matter to be dealt with by inquiry or hearing, but date not confirmed; and (ii) withdrawal of enforcement appeals being dealt with
Local Government and Housing Act 1989S93(2) Housing Compulsory Purchase of accommodation in Renewal Areas
Local Government and Housing Act 1989S93(4) Compulsory Purchase of land in Renewal Areas
Local Government Planning and Land Act 1980 S142Compulsory Purchase Orders by Urban Development Corporations
Mineral Workings Act 1985S8 Objections from local authorities to safety of "former" mineral works
National Health Service Act 1977 and
Acquisition of Land Act 1981
S87

S2
Compulsory Purchase Order (for Health purposes)
National Parks and Access to the Countryside Act 1949 S12(4)Acquisition for amenities in National Parks
National Parks and Access to the Countryside Act 1949 S17-18Compulsory Purchase of land by the Nature Conservancy Council
National Parks and Access to the Countryside Act 1949 S53(2)Acquisition for ferries on long distance routes
National Parks and Access to the Countryside Act 1949 S54(5)Acquisitions for amenities on long distance routes
National Parks and Access to the Countryside Act 1949 S63(2)Provision for public access
National Parks and Access to the Countryside Act 1949 S65(4)Provision for public access
National Parks and Access to the Countryside Act 1949 S76Acquisition for public access—Local authority
National Parks and Access to the Countryside Act 1949 S77Acquisition for public access—SofS
National Parks and Access to the Countryside Act 1949 S88(2)Areas of Outstanding Natural Beauty
National Parks and Access to the Countryside Act 1949 (as amended by S3 of the Derelict Land Act 1982) S89Compulsory Purchase Order for the acquisition or reclamation of derelict land
New Towns Act 1981S10/11 Acquisition of land
New Towns Act 1981Unknown New Town development land
Opencast Coal Act 1958 (as amended by S52 of Coal Industry Act 1994) S4Compulsory Rights Order
Opencast Coal Act 1958 (as amended by S52 of Coal Industry Act 1994)
Acquisition of Land Act 1981
S15

S2
Temporary closure of footpaths and bridleways
Pipelines Act 1962S1 Authorisation for permission to construct pipelines cross country
Pipelines Act 1962S2 Authorisation for permission to construct local pipelines
Pipelines Act 1962S3 Authorisation for permission to divert pipelines
Planning (Hazardous Substances) Act 1990 S14-15Orders revoking or modifying hazardous substances consent
Planning (Hazardous Substances) Act 1990 S20Hazardous Substance applications referred to the Secretary of State
Planning (Hazardous Substances) Act 1990 S21Appeals against refusal, conditional permission and failure to determine applications for Hazardous Substances Consent
Planning (Hazardous Substances) Act 1990 S25Appeals against Hazardous Substances Contravention Notices
Planning (Listed Buildings and Conservation Areas) Act 1990 S12Listed Building Call-in
Planning (Listed Buildings and Conservation Areas) Act 1990 S20Listed Building Consent appeals
Planning (Listed Buildings and Conservation Areas) Act 1990 S29 & S26Revocation or modification of listed building consent
Planning (Listed Buildings and Conservation Areas) Act 1990 S32-35Listed Building purchase notices
Planning (Listed Buildings and Conservation Areas) Act 1990 S39Listed Building Enforcement appeals
Planning (Listed Buildings and Conservation Areas) Act 1990 S39Conservation Area Enforcement Appeals
Planning (Listed Buildings and Conservation Areas) Act 1990 S47Compulsory Purchase Orders—compulsory acquisition of listed buildings in need of repair
Planning (Listed Buildings and Conservation Areas) Act 1990 S55Recovery of expenses of works under S54
Planning (Listed Buildings and Conservation Areas) Act 1990 S60 & S75Church of England Demolition of Redundant Churches—Ecclesiastical exemption of churches in use
Planning (Listed Buildings and Conservation Areas) Act 1990 S74Conservation Area Consent Appeals
Planning (Listed Buildings and Conservation Areas) Act 1990 S128Conservation Area Consent Call-in
Planning (Listed Buildings and Conservation Areas) Act 1990 & Planning (Listed Buildings and Conservation Areas) Regulations 1990 (Reg 13) S82LPA applications for Listed Building Consent etc
Planning (Listed Buildings and Conservation Areas) Act 1990 S83Listed building and conservation area control of Crown Development
Planning and Compensation Act 1991S22 & Sch 2 Interim Development Orders involving old minerals permissions
Public Health Act 1875S164 Compulsory Purchase Orders for the acquisition of land for public walks and pleasure grounds
Radioactive Substances Act 1993S24 Called in applications for registration or authorisation for use, disposal or accummulation of radioactive material/waste
Radioactive Substances Act 1993S26 Appeals involving registration or authorisation for use, disposal or accummulation of radioactive material/waste
Road Traffic Regulation Act 1984S22 Traffic Regulation Orders in National Parks and other special areas in the Countryside
Road Traffic Regulation Act 1984S1, 6, 9, 19, 29, 32, 35, 37, 38, 45, 46, 49, 61, 83(2), or 84 Traffic Regulation Orders
Salmon and Freshwater Fisheries Act 1975 S26(3)Limiting Salmon netting licences
Sea Fisheries (Shellfish) Act 1967S1 Seabed Protection
Sea Fisheries (Shellfish) Act 1967S4(2) & Sch 1 Right to harvest oysters
Small Holdings and Allotments Act 1908
Acquisition of Land Act 1981
S25

S2
Compulsory Purchase Order—to acquire land for allotments
Telecommunications Act 1984S34 Rights as to apparatus of statutory undertakers
Thames Barrier and Flood Prevention Act 1972 S72River Colne Barrier (Wivenhoe) Draft Order 1989
Town and Country Planning Act 1990S16 & S42 Development Plans (including Modifications inquiries)
Town and Country Planning Act 1990S35B Structure plans—Examination in public
Town and Country Planning Act 1990S51 Development plans; default powers of the Secretary of State
Town and Country Planning Act 1990S77 Determination of called-in applications
Town and Country Planning Act 1990S77 British Airports inquiries
Town and Country Planning Act 1990S78(1) Planning appeals—refusal of planning permission
Town and Country Planning Act 1990S78(2) Planning appeals—failure to determine an application for planning permission
Town and Country Planning Act 1990S95/96 Completion notices
Town and Country Planning Act 1990S96/100/104/182 Default orders by the Secretary of State
Town and Country Planning Act 1990S97/98 Revocation or modification of planning permission
Town and Country Planning Act 1990S97 & Sch 5 Revocation or modification orders in relation to planning permission for development consisting of the winning and working of minerals, or involving the depositing of mineral waste
Town and Country Planning Act 1990S102-103 Discontinuance orders
Town and Country Planning Act 1990S102 & Sch 9 Discontinuance orders relating to development consisting of the winning and working of minerals or involving the depositing of mineral waste
Town and Country Planning Act 1990 (as amended by S12 of the Planning and Compensation Act 1991) S106AModification or discharge of planning obligations
Town and Country Planning Act 1990S139 Purchase notices
Town and Country Planning Act 1990S140 Purchase notices
Town and Country Planning Act 1990S143 Purchase notices
Town and Country Planning Act 1990S144 Purchase notices
Town and Country Planning Act 1990S174 Enforcement appeals
Town and Country Planning Act 1990 (as amended by S12 of the Planning and Compensation Act 1991) S195S191 Certificate of lawful use or development S192 Certificate of lawfulness of proposed use or development
Town and Country Planning Act 1990, as applied by individual Tree Preservation Orders S198Tree Preservation Orders—refusal of consent to fell
Town and Country Planning Act 1990, as applied by individual Tree Preservation Orders S208Tree Preservation Orders—appeal against refusal to cut back or down a protected tree, conditions on a consent
Town and Country Planning Act 1990S208 Tree Preservation—enforcement
Town and Country Planning Act 1990
Town and Country Planning (Control of Advertisements) Regulations 1992 (as amended by the 1994 Amendment Regulations)
S220

Reg 15
Advertisement appeals
Town and Country Planning Act 1990
Town and Country Planning (Control of Advertisements) Regulations 1992 (as amended by the 1994 Amendment Regulations)
S220

Reg 18 & Sch 5
Approval of Area of Special Control Orders
Town and Country Planning Act 1990S226 Compulsory Purchase Orders—compulsory acquisition of land for development
Town and Country Planning Act 1990S228 Compulsory Purchase Order made by the Secretary of State
Town and Country Planning Act 1990 and
Highways Act 1980 and
Acquisition of Land Act 1981
S247 & S254

S239
S2
Motorway Service Areas
Town and Country Planning Act 1990S247 Highways affected by development: stopping up and diversion
Town and Country Planning Act 1990S248 Stopping up or diversion of highways crossing or entering route of proposed new highway, etc
Town and Country Planning Act 1990S249 Conversion of highway into footpath or bridleway
Town and Country Planning Act 1990S249 Pedestrianisation orders
Town and Country Planning Act 1990S251 Extinguishment of rights of way over land held for planning purposes
Town and Country Planning Act 1990S254 Acquisition of land in connection with highways
Town and Country Planning Act 1990S257 Stopping up or diversion of footpaths and bridleways affected by development
Town and Country Planning Act 1990S258 Extinguishment of rights of way
Town and Country Planning Act 1990S261 Temporary stopping up of highways for mineral workings
Town and Country Planning Act 1990S275 Extension or modification of power of statutory undertakers as necessitated by planning requirements
Town and Country Planning Act 1990S295 Special Enforcement Notices relating to development on Crown Land (NOT development by the Crown)
Town and Country Planning Act 1990Sch 7, Para 8 Simplified Planning Zones
Town and Country Planning Act 1990Sch 9, Paras 3-4 Prohibition of the resumption of mineral working or depositing of mineral waste
Town and Country Planning Act 1990Sch 9, Paras 5-7 Suspension of the winning and working of minerals or depositing of mineral waste
Town and Country Planning Act 1990Sch 9, Para 10 Revocation of suspension order
Transport Act 1985S9 Traffic regulation condition appeals
Transport and Works Act 1992S3 Orders relating to Inland Waterways and Navigation works
Transport and Works Act 1992S11 Orders for Railways, inland waterways and other guarded transport systems
Various Local ActsUnknown eg British Rail Bills
Various including: Severn Bridge Tolls Act 1965, Lynmouth and Lynton Lift Act 1888 VariousRoad toll inquiries
Water Industry Act 1991S56 Determinations on requests for non-domestic water supply
Water Industry Act 1991S65 & Sch 5 Constancy and pressure of water supply—Orders
Water Industry Act 1991S81 Confirmation of private supply notices
Water Industry Act 1991S105 Adoption of sewers—appeals
Water Industry Act 1991S112 Appeals against requirement to construct sewer
Water Industry Act 1991S122, S126 Discharge of trade effluent to public sewers—appeals
Water Industry Act 1991S132 Consents to discharge trade effluent and special wastes—call-ins
Water Industry Act 1991S155 Compulsory Purchase Orders
Water Industry Act 1991S157 Confirmation of byelaws relating to waterways and land
Water Industry Act 1991S167 & Sch 11 Compulsory Works Orders (eg Discharges to groundwater sources)
Water Industry Act 1991S169 Site Investigation Licences
Water Resources Act 1991S31 Appeals against Conservation Notices
Water Resources Act 1991S41 Called-in Abstraction Licence applications
Water Resources Act 1991 (as amended by the Environment Act 1995) S43Abstraction Licence Appeals
Water Resources Act 1991S54 Modification of Abstraction Licences
Water Resources Act 1991 (as amended by the Environment Act 1995) S73-75 & Sch 8Drought Orders
Water Resources Act 1991 (as amended by the Environment Act 1995) S79A & Para 140Drought Permits
Water Resources Act 1991 (as amended by the Environment Act 1995) S91(1)(a)-(g)Appeals in respect of Discharge Consents
Water Resources Act 1991 (as amended by the Environment Act 1995) S91(1)(h)Appeals against service of Enforcement Notices
Water Resources Act 1991 (as amended by the Environment Act 1995) S92Prevention of Pollution appeals (eg Agricultural silage and slurry)
Water Resources Act 1991 (as amended by the Environment Act 1995) S96Appeals against consents required by virtue of Water Protection Zones or Nitrate Sensitive Areas
Water Resources Act 1991 (as amended by the Environment Act 1995) S158Works agreements
Water Resources Act 1991 (as amended by the Environment Act 1995) S161CAppeals against anti-pollution works notices
Water Resources Act 1991S168 & Sch 19 Compulsory Works Orders (eg Abstraction works)
Water Resources Act 1991 (as amended by the Environment Act 1995) S191B(5)Appeals against determinations that information is NOT commercially confidential
Water Resources Act 1991S210 Sch 26 Confirmation of various byelaws
Water Resources Act 1991Sch 10 Called in Discharge Consent applications
Water Resources Act 1991Sch 25 & 26 Confirmation or modification of byelaws relating to use of inland waterways
Wildlife and Countryside Act 1981S2 Varying arrangements for shooting birds
Wildlife and Countryside Act 1981S3 Areas of Special Protection for Birds
Wildlife and Countryside Act 1981 (as amended by the Wildlife Countryside (Amendment Act 1991) S5 & S11Prohibited methods of killing birds and animals
Wildlife and Countryside Act 1981 (as amended by the Wildlife Countryside (Amendment) Act 1991) S22Power to vary schedules
Wildlife and Countryside Act 1981 (as amended by the Environmental Protection Act 1990 and the Planning (Consequential Provisions) Act 1990) S29Nature Conservancy Orders
Wildlife and Countryside Act 1981 (as amended by the Environmental Protection Act 1990 and the Planning (Consequential Provisions) Act 1990) S34Limestone Pavement Orders
Wildlife and Countryside Act 1981S36 Marine Nature Reserves
Wildlife and Countryside Act 1981S53 & Sch 15 Ascertainment of public rights of way, modification of definitive map and statement
Wildlife and Countryside Act 1981S54 Reclassification of roads used as public paths
Wildlife and Countryside Act 1981Sch 14 Appeals (Rights of Way)
Non-Statutory procedure (Circular 18/84) N/ACrown Development where LPA object
N/AN/ANon-statutory determinations




 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2000
Prepared 11 July 2000