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Planning and Compulsory Purchase Bill


Planning and Compulsory Purchase Bill
Part 4 — Development control

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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

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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.

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           (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,

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                         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.

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           (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—

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                  (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

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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—

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                        “(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

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authority after this section comes into force.

 

 

Planning and Compulsory Purchase Bill
Part 4 — Development control

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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

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           (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

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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—

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                  (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.

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           (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.

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           (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.

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           (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

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by a local planning authority—

                  (a)                 section 70;

                  (b)                 section 72(1) and (5);

                  (c)                 section 73;

                  (d)                 section 73A.

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           (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.

 

 

Planning and Compulsory Purchase Bill
Part 4 — Development control

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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).

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           (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.

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           (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

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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

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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;

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                  (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—

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                  (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

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     (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

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a local planning authority in England is situated identifies the

 

 

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Part 4 — Development control

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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

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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).”

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     (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

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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;

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                  (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

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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”.

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     (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.”

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     (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)

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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—

 

 

Planning and Compulsory Purchase Bill
Part 4 — Development control

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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

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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

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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

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     (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

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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).

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           (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)

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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

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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 —

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                  (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.

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Planning and Compulsory Purchase Bill
Part 4 — Development control

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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).”

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     (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

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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

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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—

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           “(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;

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                  (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”.

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     (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;

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                  (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

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     (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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