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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. | 5 |
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 | 10 |
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 | 15 |
(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. | 20 |
(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; | 25 |
(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— | 30 |
(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 | 35 |
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. | |
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(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— | 5 |
(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). | 10 |
(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 | 15 |
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 | 20 |
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 | 25 |
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 | 30 |
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— | 35 |
(a) Part 3; | |
(b) Part 4, except sections 43 and 49; | |
(c) Part 5; | |
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(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. | 5 |
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. | 10 |
(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 | 15 |
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. | 20 |
(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; | 25 |
(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; | 30 |
(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 | 35 |
This Act extends to England and Wales only. | |
90 Short Title | |
This Act may be cited as the Planning and Compulsory Purchase Act 2003. | |
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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— | 5 |
“Schedule 4A | |
Local development orders: procedure | |
Preparation | |
1 (1) A local development order must be prepared in accordance with | |
such procedure as is prescribed. | 10 |
(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 | 15 |
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 | 20 |
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 | 25 |
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— | 30 |
(a) if the National Assembly for Wales directs them to do so, | |
and | |
(b) in accordance with such timetable as it directs. | |
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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 | 5 |
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) | 10 |
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 | 15 |
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 | 20 |
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 | 25 |
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.” | 30 |
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— | 35 |
(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 | 40 |
of the following two conditions applies. | |
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(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 | 5 |
(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. | 10 |
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. | 15 |
(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. | 20 |
(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— | 25 |
(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 | 30 |
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 | 35 |
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. | 40 |
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(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 | 5 |
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— | 10 |
(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 | 15 |
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 | 20 |
(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); | 25 |
(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 | 30 |
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 | 35 |
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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