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Planning and Compulsory Purchase Bill


Planning and Compulsory Purchase Bill
Part 8 — Miscellaneous and general

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           (d)           for the purposes of a local development plan (or a revision of it), the

date when it is adopted by a local planning authority in Wales or

approved by the National Assembly for Wales (as the case may be);

           (e)           for the purposes of the spatial development strategy (or an alteration or

replacement of it), the date when the Mayor of London publishes it.

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 79    Examinations

     (1)    An examination of any document or plan for the purposes of Part 2 or Part 6 of

this Act is a statutory inquiry within the meaning of the Tribunals and

Inquiries Act 1992 (c. 53).

     (2)    For the purposes of subsection (1) it is immaterial whether any such

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examination is held in public.

 80    Grants for advice and assistance

In the 1990 Act after section 304 (grants for research and education) there is

inserted the following section—

       “304A  Grants for advice and assistance

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           (1)           The appropriate authority may make grants for the purpose of assisting any

person to provide advice and assistance to the public in connection with any

matter which is related to

                  (a)                 the planning Acts;

                  (b)                 the Planning and Compulsory Purchase Act 2003.

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           (2)           The appropriate authority may make a grant subject to such terms and

conditions as it thinks appropriate.

           (3)           Person includes a body whether or not incorporated.

           (4)                         The appropriate authority is—

                  (a)                 the Secretary of State in relation to England;

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                  (b)                 the National Assembly for Wales in relation to Wales.”

 81    Isles of Scilly

     (1)    This Act applies to the Isles of Scilly subject to such exceptions, adaptations and

modifications as the Secretary of State may by order direct.

     (2)    An order may in particular provide for—

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           (a)           the Council of the Isles of Scilly to enter into arrangements in pursuance

of section 4;

           (b)           the exercise by the Council of the Isles of Scilly of any function

exercisable by a local planning authority under Part 2.

     (3)    But an order must not be made under this section unless the Secretary of State

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has consulted the Council of the Isles of Scilly.

 82    Interpretation

     (1)    Expressions used in this Act and in the principal Act have the same meaning

in this Act as in that Act.

 

 

Planning and Compulsory Purchase Bill
Part 8 — Miscellaneous and general

    57

 

     (2)    Expressions used in this Act and in the listed buildings Act have the same

meaning in this Act as in that Act.

     (3)    Expressions used in this Act and in the hazardous substances Act have the

same meaning in this Act as in that Act.

     (4)    The planning Acts are—

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           (a)           the principal Act;

           (b)           the listed buildings Act;

           (c)           the hazardous substances Act;

           (d)           the Planning (Consequential Provisions) Act 1990 (c. 11).

     (5)    The principal Act is the Town and Country Planning Act 1990 (c. 8).

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     (6)    The listed buildings Act is the Planning (Listed Buildings and Conservation

Areas) Act 1990 (c. 9).

     (7)    The hazardous substances Act is the Planning (Hazardous Substances) Act

1990 (c. 10).

General

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 83    Amendments

     (1)    Schedule 3 contains amendments of the planning Acts.

     (2)    Schedule 4 contains amendments of other enactments.

     (3)    A reference in Schedule 1 to the National Assembly for Wales (Transfer of

Functions) Order 1999 to an enactment amended by this Act must be taken to

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be a reference to the enactment as so amended.

     (4)    But subsection (3) does not affect such an enactment to the extent that the

amendment makes express provision in connection with the exercise of a

function in relation to Wales.

 84    Transitionals

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Schedule 5 contains transitional provisions relating to Parts 1 and 2.

 85    Repeals

Schedule 6 contains repeals.

 86    Commencement

     (1)    The preceding provisions of this Act (except section 80 and the provisions

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specified in subsection (3)) come into force on such day as the Secretary of State

may by order appoint.

     (2)    But the Secretary of State must not make an order which relates to any of the

following provisions unless he first consults the National Assembly for

Wales—

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           (a)           Part 3;

           (b)           Part 4, except sections 43 and 49;

           (c)           Part 5;

 

 

Planning and Compulsory Purchase Bill
Part 8 — Miscellaneous and general

    58

 

           (d)           Part 7;

           (e)           in this Part sections 78, 79, 82, 83 and 85;

           (f)           Schedules 3, 4 and 6.

     (3)    Part 6 comes into force in accordance with provision made by the National

Assembly for Wales by order.

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 87    Regulations and orders

     (1)    A power to prescribe is (unless express provision is made to the contrary) a

power to prescribe by regulations exercisable—

           (a)           by the Secretary of State in relation to England;

           (b)           by the National Assembly for Wales in relation to Wales.

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     (2)    References in this section to subordinate legislation are to any order or

regulations under this Act.

     (3)    Subordinate legislation—

           (a)           may make different provision for different purposes;

           (b)           may include such supplementary, incidental, consequential, saving or

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transitional provisions (including provision amending, repealing or

revoking enactments) as the person making the subordinate legislation

thinks necessary or expedient.

     (4)    A power to make subordinate legislation must be exercised by statutory

instrument.

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     (5)    A statutory instrument is subject to annulment in pursuance of a resolution of

either House of Parliament unless it contains—

           (a)           an order under section 81(1);

           (b)           an order under section 86 which does not include provision under

subsection (3)(b) above;

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           (c)           subordinate legislation made by the National Assembly for Wales.

 88    Finance

     (1)    There is to be paid out of money provided by Parliament

           (a)           any expenses of the Secretary of State in making grants in connection with the

provision of advice and assistance in relation to the planning Acts;

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           (b)           any increase attributable to this Act in the sums payable out of money so

provided under any other enactment.

     (2)    There is to be paid into the Consolidated Fund any increase attributable to this Act in

the sums so payable under any other enactment.

 89    Extent

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This Act extends to England and Wales only.

 90    Short Title

This Act may be cited as the Planning and Compulsory Purchase Act 2003.

 

 

Planning and Compulsory Purchase Bill
Schedule 1 — Local development orders: procedure

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Schedules

Schedule 1

Section 39

 

Local development orders: procedure

           In the principal Act after Schedule 4 (special provision as to land use in 1948)

there is inserted the following Schedule—

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“Schedule 4A

Local development orders: procedure

Preparation

          1                (1)               A local development order must be prepared in accordance with

such procedure as is prescribed.

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                           (2)               Regulations under this paragraph may include provision as to—

                      (a)                     the preparation, submission, approval, adoption, revision

and withdrawal of an order;

                      (b)                     notice, publicity, and inspection by the public;

                      (c)                     consultation with and consideration of views of such

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persons and for such purposes as are prescribed;

                      (d)                     the making and consideration of representations;

                      (e)                     the matters relating to the order to be included in the

report to be made by a local planning authority under

section 34 or 70 of the Planning and Compulsory Purchase

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Act 2003.

Revision

          2                (1)               The local planning authority may at any time prepare a revision of

a local development order.

                           (2)               An authority in England must prepare a revision of a local

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development order—

                      (a)                     if the Secretary of State directs them to do so, and

                      (b)                     in accordance with such timetable as he directs.

                           (3)               An authority in Wales must prepare a revision of a local

development order—

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                      (a)                     if the National Assembly for Wales directs them to do so,

and

                      (b)                     in accordance with such timetable as it directs.

 

 

Planning and Compulsory Purchase Bill
Schedule 2 — Timetable for decisions

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                           (4)               If a development plan document mentioned in section 61A(1) is

revised under section 25 of the Planning and Compulsory

Purchase Act 2003 (revision of local planning documents) or

revoked under section 24 of that Act (revocation by Secretary of

State) a local development order made to implement the policies

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in the document must be revised accordingly.

                           (5)               If a local development plan mentioned in section 61A(1) is revised

under section 64 of the Planning and Compulsory Purchase Act

2003 (revision of local development plan) or revoked under

section 62 of that Act (revocation by National Assembly for Wales)

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a local development order made to implement the policies in the

plan must be revised accordingly.

                           (6)               This Schedule applies to the revision of a local development order

as it applies to the preparation of the order.

Order to be adopted

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          3                 A local development order is of no effect unless it is adopted by

resolution of the local planning authority.

Annual report

          4                (1)               The report made under section 34 of the Planning and

Compulsory Purchase Act 2003 must include a report as to the

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extent to which the local development order is achieving its

purposes.

                           (2)               The Secretary of State may prescribe the form and content of the

report as it relates to the local development order.”

          5                (1)               The report made under section 70 of the Planning and

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Compulsory Purchase Act 2003 must include a report as to the

extent to which the local development order is achieving its

purposes.

                           (2)               The National Assembly for Wales may prescribe the form and

content of the report as it relates to the local development order.”

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Schedule 2

Section 49

 

Timetable for decisions

Decisions

  1        This Schedule applies to any decision which must be taken by the Secretary

of State under—

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              (a)             section 77 of the principal Act (reference of applications to Secretary

of State);

              (b)             section 78 of the principal Act (right to appeal against planning

decisions).

  2       (1)      This Schedule also applies to a decision not mentioned in paragraph 1 if each

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of the following two conditions applies.

 

 

Planning and Compulsory Purchase Bill
Schedule 2 — Timetable for decisions

    61

 

          (2)      The first condition is that the Secretary of State thinks the decision is

connected with a decision mentioned in paragraph 1.

          (3)      The second condition is that—

              (a)             the Secretary of State is required by virtue of any enactment to take

the decision, or

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              (b)             (in any case to which paragraph (a) does not apply) the Secretary of

State by virtue of a power under any enactment directs that the

decision must be referred to him.

  3        But the Secretary of State may by order specify decisions or descriptions of

decisions to which a timetable is not to apply.

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Timetable

  4       (1)      The Secretary of State must make one or more timetables for the purposes of

decisions to which this Schedule applies.

          (2)      A timetable may make different provision for different decisions or different

descriptions of decision.

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          (3)      A timetable—

              (a)             has effect from such time as the Secretary of State determines;

              (b)             must set out the time within which the decision must be taken;

              (c)             may set out the time within which any other step to be taken for the

purposes of the decision must be taken.

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          (4)      A timetable made under this paragraph must be published in such form and

manner as the Secretary of State thinks appropriate.

Notice

  5       (1)      The Secretary of State must notify the following persons as soon as

practicable of the published timetable which applies to a decision—

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              (a)             the applicant or appellant (as the case may be) in relation to the

decision;

              (b)             the local planning authority for the area to which the decision relates;

              (c)             any other person who requests such notification.

          (2)      But the Secretary of State may direct that the timetable is subject to such

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variation as he specifies in the notice under sub-paragraph (1).

          (3)      If the Secretary of State acts under sub-paragraph (2) the notice under sub-

paragraph (1) must also specify the reasons for the variation.

          (4)      The timetable notified under this paragraph is the applicable timetable.

Variation

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  6       (1)      This paragraph applies if before the time at which any step must be taken in

accordance with the applicable timetable the Secretary of State thinks that

there are circumstances which are likely to prevent the taking of the step at

that time.

          (2)      The Secretary of State may vary the applicable timetable accordingly.

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Planning and Compulsory Purchase Bill
Schedule 3 — Amendments of the planning Acts

    62

 

          (3)      If the Secretary of State varies the applicable timetable under sub-paragraph

(2) he must notify the persons mentioned in paragraph 5(1) of the variation

and the reason for it.

Written reasons

  7        If the Secretary of State fails to take any step in accordance with the

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applicable timetable (or that timetable as varied under paragraph 6) he must

give written reasons to the persons mentioned in paragraph 5(1).

Annual report

  8       (1)      The Secretary of State must lay before Parliament a report in respect of each

year which—

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              (a)             reviews his performance under the provisions of this Schedule;

              (b)             explains any failure to comply with a timetable.

          (2)      The report must be published in such form and manner as the Secretary of

State thinks appropriate.

Schedule 3

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Section 83

 

Amendments of the planning Acts

Town and Country Planning Act 1990 (c. 8)

  1        The Town and Country Planning Act 1990 is amended as follows.

  2        For section 69 there is substituted the following section—

       “69  Register of applications etc

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              (1)             The local planning authority must keep a register containing such

information as is prescribed as to—

                    (a)                   applications for planning permission;

                    (b)                   requests for statements of development principles (within

the meaning of section 61D);

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                    (c)                   local development orders;

                    (d)                   simplified planning zone schemes.

              (2)             The register must contain—

                    (a)                   information as to the manner in which applications

mentioned in subsection (1)(a) and requests mentioned in

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subsection (1)(b) have been dealt with;

                    (b)                   such information as is prescribed with respect to any local

development order or simplified planning zone scheme in

relation to the authority’s area.

              (3)             A development order may require the register to be kept in two or

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more parts.

              (4)             Each part must contain such information as is prescribed relating to

the matters mentioned in subsection (1)(a) and (b).

 

 

 
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