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81B Power to decline to determine overlapping application | |
(1) A local planning authority may decline to determine an application for | |
a relevant consent which is made at a time when any of the conditions | |
in subsections (2) to (4) applies in relation to a similar application. | |
(2) The condition is that a similar application is under consideration by the | 5 |
local planning authority and the determination period for that | |
application has not expired. | |
(3) The condition is that a similar application is under consideration by the | |
Secretary of State in pursuance of section 12 or on an appeal under | |
section 20 and the Secretary of State has not issued his decision. | 10 |
(4) The condition is that a similar application— | |
(a) has been granted by the local planning authority, | |
(b) has been refused by them, or | |
(c) has not been determined by them within the determination | |
period, | 15 |
and the time within which an appeal could be made to the Secretary of | |
State under section 20 has not expired. | |
(5) Relevant consent is— | |
(a) listed building consent, or | |
(b) conservation area consent. | 20 |
(6) An application for relevant consent is similar to another application if | |
(and only if) the local planning authority think that the building and | |
works to which the applications relate are the same or substantially the | |
same. | |
(7) The determination period is— | 25 |
(a) the period prescribed for the determination of the application, | |
or | |
(b) such longer period as the applicant and the authority have | |
agreed for the determination of the application. | |
(8) For the purposes of an application for conservation area consent a | 30 |
reference to a provision of this Act is a reference to that provision as | |
excepted or modified by regulations under section 74.” | |
(4) Section 20(2) of that Act (appeals) is amended as follows— | |
(a) for “neither” there is substituted “done none of the following”; | |
(b) after paragraph (a) for “nor” there is substituted— | 35 |
“(aa) given notice to the applicant that they have exercised | |
their power under section 81A or 81B to decline to | |
determine the application;”. | |
(5) This section has effect only in relation to applications made under the principal | |
Act or the listed buildings Act which are received by the local planning | 40 |
authority after this section comes into force. | |
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Major infrastructure projects | |
43 Major infrastructure projects | |
In the principal Act the following sections are inserted before section 77 | |
(Reference of applications to the Secretary of State)— | |
“76A Major infrastructure projects | 5 |
(1) This section applies to— | |
(a) an application for planning permission; | |
(b) an application for the approval of a local planning authority | |
required under a development order, | |
if the Secretary of State thinks that the development to which the | 10 |
application relates is of national or regional importance. | |
(2) The Secretary of State may direct that the application must be referred | |
to him instead of being dealt with by the local planning authority. | |
(3) If the Secretary of State gives a direction under subsection (2) he may | |
also direct that any application— | 15 |
(a) under or for the purposes of the planning Acts, and | |
(b) which he thinks is connected with the application mentioned in | |
subsection (1) | |
must also be referred to him instead of being dealt with by the local | |
planning authority. | 20 |
(4) If the Secretary of State gives a direction under this section— | |
(a) the application must be referred to him; | |
(b) he must appoint an inspector to consider the application. | |
(5) A direction under this section or section 76B may be varied or revoked | |
by a subsequent direction. | 25 |
(6) The Secretary of State may by regulations make provision as to the | |
procedure to be applied in considering an application under this | |
section and section 76B. | |
(7) The decision of the Secretary of State on any application referred to him | |
under this section is final. | 30 |
(8) Regional relates to a region listed in Schedule 1 to the Regional | |
Development Agencies Act 1998 (c. 45) | |
(9) The following provisions of this Act apply (with any necessary | |
modifications) to an application referred to the Secretary of State under | |
this section as they apply to an application which falls to be determined | 35 |
by a local planning authority— | |
(a) section 70; | |
(b) section 72(1) and (5); | |
(c) section 73; | |
(d) section 73A. | 40 |
(10) A development order may apply (with or without modifications) any | |
requirements imposed by the order by virtue of section 65 or 71 to an | |
application referred to the Secretary of State under this section. | |
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(11) This section does not apply to an application which relates to the | |
development of land in Wales. | |
76B Major infrastructure projects: inspectors | |
(1) This section applies if the Secretary of State appoints an inspector under | |
section 76A(4)(b) (the lead inspector). | 5 |
(2) The Secretary of State may direct the lead inspector— | |
(a) to consider such matters relating to the application as are | |
prescribed; | |
(b) to make recommendations to the Secretary of State on those | |
matters. | 10 |
(3) After considering any recommendations of the lead inspector the | |
Secretary of State may— | |
(a) appoint such number of additional inspectors as he thinks | |
appropriate; | |
(b) direct that each of the additional inspectors must consider such | 15 |
matters relating to the application as the lead inspector decides. | |
(4) An additional inspector must— | |
(a) comply with such directions as to procedural matters as the | |
lead inspector gives; | |
(b) report to the lead inspector on the matter he is appointed to | 20 |
consider. | |
(5) A copy of directions given as mentioned in subsection (4)(a) must be | |
given to— | |
(a) the person who made the application; | |
(b) the local planning authority; | 25 |
(c) any other person who requests it. | |
(6) If the Secretary of State does not act under subsection (3) he must direct | |
the lead inspector to consider the application on his own. | |
(7) In every case the lead inspector must report to the Secretary of State | |
on— | 30 |
(a) his consideration of the application; | |
(b) the consideration of the additional inspectors (if any) of the | |
matters mentioned in subsection (3)(b).” | |
Simplified planning zones | |
44 Simplified planning zones | 35 |
(1) In section 83 of the principal Act (making simplified planning zone schemes) | |
subsection (1) is omitted. | |
(2) Before section 83(2) of that Act there are inserted the following subsections— | |
“(1A) This section applies if— | |
(a) the regional spatial strategy for the region in which the area of | 40 |
a local planning authority in England is situated identifies the | |
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(a) need for a simplified planning zone in that area (or any part of | |
it); | |
(b) the criteria prescribed by the National Assembly for Wales for | |
the need for a simplified planning zone are satisifed in relation | |
to the area (or any part of the area) of a local planning authority | 5 |
in Wales. | |
(1B) The local planning authority must consider the question for which part | |
or parts of their area a simplified planning zone scheme is desirable. | |
(1C) The local planning authority must keep under review the question | |
mentioned in subsection (1B).” | 10 |
(3) For section 83(2) of that Act there are substituted the following subsections— | |
“(2) A local planning authority must make a simplified planning zone | |
scheme for all or any part of their area— | |
(a) if as a result of the consideration mentioned in subsection (1B) | |
or the review mentioned in subsection (1C) they decide that it is | 15 |
desirable to do so; | |
(b) if they are directed to do so by the Secretary of State or the | |
National Assembly for Wales (as the case may be). | |
(2A) A local planning authority may at any time— | |
(a) alter a scheme adopted by them; | 20 |
(b) with the consent of the Secretary of State alter a scheme made or | |
altered by him under paragraph 12 of Schedule 7 or approved | |
by him under paragraph 11 of that Schedule; | |
(c) with the consent of the National Assembly for Wales alter a | |
scheme made or altered by it under paragraph 12 of Schedule 7 | 25 |
or approved by it under paragraph 11 of that Schedule. | |
(2B) A simplified planning zone scheme for an area in England must be in | |
conformity with the regional spatial strategy.” | |
(4) In section 85(1) of that Act (duration of simplified planning zone scheme) for | |
the words from “period” to the end there is substituted “specified period”. | 30 |
(5) After section 85(1) of that Act there is inserted the following subsection— | |
“(1A) The specified period is the period not exceeding 10 years— | |
(a) beginning with the date when the scheme is adopted or | |
approved, and | |
(b) which is specified in the scheme.” | 35 |
(6) In Schedule 7 of that Act in paragraph 2 (notification of proposal to make | |
scheme) for “decide under section 83(2) to make or” there is substituted “are | |
required under section 83(2) to make or decide under section 83(2A) to”. | |
(7) In Schedule 7 of that Act paragraphs 3 and 4 are omitted. | |
(8) In Schedule 7 of that Act in paragraph 12 (default powers of Secretary of State) | 40 |
for sub-paragraph (1) there are substituted the following sub-paragraphs— | |
“(1) This paragraph applies if each of the following conditions is | |
satisfied. | |
(1A) The first condition is that— | |
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(a) the regional spatial strategy for the region in which the area | |
of a local planning authority is situated identifies the need for | |
a simplified planning zone in any part of their area, or | |
(b) the criteria prescribed by the National Assembly for Wales | |
for the need for a simplified planning zone are satisifed in | 5 |
relation to the area of a local planning authority in Wales. | |
(1B) The second condition is that the Secretary of State or the National | |
Assembly for Wales (as the case may be) is satisfied after holding a | |
local inquiry or other hearing that the authority are not taking within | |
a reasonable period the steps required by this Schedule for the | 10 |
adoption of proposals for the making or alteration of a scheme. | |
(1C) The Secretary of State or the National Assembly for Wales (as the | |
case may be) may make or alter the scheme.” | |
Miscellaneous | |
45 Appeal made: functions of local planning authority | 15 |
(1) In the principal Act after section 78 (right to appeal) there is inserted the | |
following section— | |
“78A Appeal made: functions of local planning authorities | |
(1) This section applies if— | |
(a) a person who has made an application mentioned in section | 20 |
78(1)(a) appeals to the Secretary of State under section 78(2), | |
and | |
(b) he does so before the end of the period of seven days starting | |
with the day after the last day of the period prescribed as | |
mentioned in section 78(2). | 25 |
(2) At any time before the end of the additional period the local planning | |
authority may give the notice referred to in section 78(2). | |
(3) If the local planning authority give notice as mentioned in subsection | |
(2) that their decision is to refuse the application— | |
(a) the appeal must be treated as an appeal under section 78(1) | 30 |
against the refusal; | |
(b) the Secretary of State must give the person making the appeal | |
an opportunity to revise the grounds of the appeal; | |
(c) the Secretary of State must give such a person an opportunity to | |
change any option the person has chosen relating to the | 35 |
procedure for the appeal. | |
(4) If the local planning authority give notice as mentioned in subsection | |
(2) that their decision is to grant the application subject to conditions | |
the Secretary of State must give the person making the appeal the | |
opportunity — | 40 |
(a) to proceed with the appeal as an appeal under section 78(1) | |
against the grant of the application subject to conditions; | |
(b) to revise the grounds of the appeal; | |
(c) to change any option the person has chosen relating to the | |
procedure for the appeal. | 45 |
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(5) The Secretary of State must not issue his decision on the appeal before | |
the end of the additional period. | |
(6) The additional period is the period prescribed by development order | |
for the purposes of this section and which starts on the day on which | |
the person appeals under section 78(2).” | 5 |
(2) This section has effect only in relation to applications mentioned in section | |
78(1)(a) of the principal Act which are received by the local planning authority | |
after the commencement of this section. | |
46 Duration of permission and consent | |
(1) In section 91 of the principal Act (limit on duration of planning permission) in | 10 |
subsections (1)(a) and (3) for the words “five years” there is substituted “three | |
years”. | |
(2) In section 92 of that Act (outline planning permission)— | |
(a) in subsection (2)(b) sub-paragraph (i) is omitted; | |
(b) in subsection (2)(b) in sub-paragraph (ii) the words “if later” are | 15 |
omitted; | |
(c) in subsection (4) “five years” is omitted. | |
(3) In section 73 of that Act (applications to develop land without compliance with | |
existing conditions) after subsection (4) there is inserted the following | |
subsection— | 20 |
“(5) Planning permission must not be granted under this section to the | |
extent that it has effect to change a condition subject to which a | |
previous planning permission was granted by extending the time | |
within which— | |
(a) a development must be started; | 25 |
(b) an application for approval of reserved matters (within the | |
meaning of section 92) must be made.” | |
(4) In section 18 of the listed buildings Act (limit of duration of listed buildings | |
consent) in subsections (1)(a) and (2) for the words “five years” there is | |
substituted “three years”. | 30 |
(5) In section 19 of that Act (variation or discharge of conditions) after subsection | |
(4) there is inserted the following subsection— | |
“(5) But a variation or discharge of conditions under this section must not— | |
(a) vary a condition subject to which a consent was granted by | |
extending the time within which the works must be started; | 35 |
(b) discharge such a condition.” | |
(6) This section has effect only in relation to applications made under the principal | |
Act or the listed buildings Act which are received by the local planning | |
authority after the commencement of the section. | |
47 Fees and charges | 40 |
(1) Section 303 (fees for planning applications, etc) of the principal Act is amended | |
as follows. | |
(2) The following subsections are substituted for subsections (1) and (2)— | |
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