|
| |
| |
(5) A development order may also make provision— | |
(a) for a specified part of the register to contain copies of | |
applications or requests and of any other documents or | |
material submitted with them; | |
(b) for the entry relating to an application or request (and | 5 |
everything relating to it) to be removed from that part of the | |
register when the application (including any appeal arising | |
out of it) or the request (as the case may be) has been finally | |
disposed of. | |
(6) Provision made under subsection (5)(b) does not prevent the | 10 |
inclusion of a different entry relating to the application or request in | |
another part of the register. | |
(7) The register must be kept in such manner as is prescribed. | |
(8) The register must be kept available for inspection by the public at all | |
reasonable hours. | 15 |
(9) Anything prescribed under this section must be prescribed by | |
development order.” | |
3 In section 71 (consultations relating to determination of planning | |
applications)— | |
(a) subsection (3) is omitted; | 20 |
(b) in subsection (4) the definition of “site licence” is omitted. | |
4 Section 92 (outline planning permission) is omitted. | |
5 In section 284(1) (restriction on challenge to validity of certain documents), | |
paragraph (a) is omitted. | |
6 (1) Section 287 (procedure for questioning the validity of certain matters) is | 25 |
amended as follows. | |
(2) For subsections (1) to (3) there are substituted the following subsections— | |
“(1) This section applies to— | |
(a) a simplified planning zone scheme or an alteration of such a | |
scheme; | 30 |
(b) an order under section 247, 248, 249, 251, 257, 258 or 277, | |
and anything falling within paragraphs (a) and (b) is referred to in | |
this section as a relevant document. | |
(2) A person aggrieved by a relevant document may make an | |
application to the High Court on the ground that— | 35 |
(a) it is not within the appropriate power, or | |
(b) a procedural requirement has not been complied with. | |
(3) The High Court may make an interim order suspending the | |
operation of the relevant document— | |
(a) wholly or in part; | 40 |
(b) generally or as it affects the property of the applicant. | |
(3A) Subsection (3B) applies if the High Court is satisfied— | |
(a) that a relevant document is to any extent outside the | |
appropriate power; | |
| |
| |
|
| |
| |
(b) that the interests of the applicant have been substantially | |
prejudiced by a failure to comply with a procedural | |
requirement. | |
(3B) The High Court may quash the relevant document— | |
(a) wholly or in part; | 5 |
(b) generally or as it affects the property of the applicant. | |
(3C) An interim order has effect until the proceedings are finally | |
determined. | |
(3D The appropriate power is— | |
(a) in the case of a simplified planning zone scheme or an | 10 |
alteration of the scheme, Part III; | |
(b) in the case of an order under section 247, 248, 249, 251, 257, | |
258 or 277, the section under which the order is made.” | |
(3) In subsection (5)— | |
(a) paragraph (a) is omitted; | 15 |
(b) in each of paragraphs (b) to (e) the words “by virtue of subsection | |
(3)” are omitted. | |
(4) Subsection (6) is omitted. | |
7 (1) Section 296 (exercise of powers in relation to Crown land) is amended as | |
follows. | 20 |
(2) In subsection (1) for paragraph (a) there is substituted the following | |
paragraph— | |
“(a) a document, plan or strategy specified in subsection (1A) | |
may include proposals relating to the use of Crown land;”. | |
(3) After subsection (1) there is inserted the following subsection— | 25 |
“(1A) These are the documents, plans and strategies— | |
(a) the regional spatial strategy (or a revision of it) within the | |
meaning of Part 1 of the Planning and Compulsory Purchase | |
Act 2003; | |
(b) a local development document (or a revision of it) adopted or | 30 |
approved under Part 2 of that Act; | |
(c) a local development plan (or a revision of it) adopted or | |
approved under Part 6 of that Act; | |
(d) the Mayor of London’s spatial development strategy (or any | |
alteration or replacement of it) published in pursuance of | 35 |
section 337 of the Greater London Authority Act 1999.” | |
8 (1) Section 303A (recovery of costs of certain inquiries) is amended as follows. | |
(2) For subsection (1) there are substituted the following subsections— | |
“(1) This section applies if the appropriate authority appoints a person to | |
carry out or hold a qualifying procedure. | 40 |
(1A) A qualifying procedure is— | |
(a) an independent examination under section 19 or 58 of the | |
Planning and Compulsory Purchase Act 2003; | |
(b) a local inquiry or other hearing under paragraph 8(1)(a) of | |
Schedule 7; | 45 |
| |
| |
|
| |
| |
(c) the consideration of objections under paragraph 8(1)(b) of | |
that Schedule. | |
(1B) The appropriate authority is— | |
(a) the Secretary of State if the local planning authority causing | |
the procedure to be carried out or held is in England; | 5 |
(b) the National Assembly for Wales if the local planning | |
authority causing the procedure to be carried out or held is in | |
Wales. | |
(3) In each of subsections (2) to (6) and (10)(a) in each place where it occurs— | |
(a) for “Secretary of State” there is substituted “appropriate authority”; | 10 |
(b) for “him” there is substituted “it”; | |
(c) for “he” there is substituted “it”. | |
(4) In each of subsections (2), (4), (5) and (6) in each place where it occurs for | |
“inquiry” there is substituted “procedure”. | |
(5) In subsection (5) each of the following is omitted— | 15 |
(a) “or appointed as one of the persons who are to hold it”; | |
(b) “(in addition to what may be recovered by virtue of the appointment | |
of any other person)”; | |
(c) in paragraph (c), “(or, in a case where that person is appointed as one | |
of the persons who are to hold the qualifying inquiry, an appropriate | 20 |
proportion of any costs attributable to the appointment of an | |
assessor to assist those persons)”. | |
(6) Subsections (7) to (9) are omitted. | |
(7) Before subsection (10) there is inserted the following subsection— | |
“(9A) References to a local planning authority causing a qualifying inquiry | 25 |
to be held include references to a requirement under the Planning | |
and Compulsory Purchase Act 2003 on the authority to submit a plan | |
to the appropriate authority for independent examination.” | |
9 In section 306 (2) (local authorities and statutory undertakers may contribute | |
to certain costs of local planning authorities) for paragraph (a) there are | 30 |
substituted the following paragraphs— | |
“(a) any expenses incurred by a local planning authority for the | |
purposes of carrying out a review under section 12 or 55 of | |
the Planning and Compulsory Purchase Act 2003 (duty of | |
local planning authority to keep under review certain matters | 35 |
affecting development); | |
(ab) any expenses incurred by a county council for the purposes | |
of carrying out a review under section 13 of that Act (duty of | |
county council to keep under review certain matters affecting | |
development);” | 40 |
10 In section 324(1) (rights of entry) for paragraph (a) there is substituted the | |
following paragraph— | |
“(a) the preparation, revision, adoption or approval of a local | |
development document under Part 2 of the Planning and | |
Compulsory Purchase Act 2003 or a local development plan | 45 |
under Part 6 of that Act;” | |
| |
| |
|
| |
| |
11 In section 333 (provision about regulations) after subsection (2) there is | |
inserted the following subsection— | |
“(2A) Regulations may make different provisions for different purposes.” | |
12 In section 336(1) (interpretation) for the definition of development plan there | |
is substituted— | 5 |
““development plan” must be construed in accordance with section | |
37 of the Planning and Compulsory Purchase Act 2003;”. | |
13 (1) Schedule 1 (distribution of functions of local planning authorities) is | |
amended as follows. | |
(2) Paragraph 2 is omitted. | 10 |
(3) In paragraph 3(7) the words “but paragraph 4 shall apply to such | |
applications instead” are omitted | |
(4) Paragraphs 4(2) and 7 are omitted. | |
14 In Schedule 2 (transitional provisions relating to development plans) Parts | |
1, 2 and 3 are omitted. | 15 |
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) | |
15 The Planning (Listed Buildings and Conservation Areas) Act 1990 is | |
amended as follows. | |
16 In section 10(3) (regulations relating to applications for listed building | |
consent)— | 20 |
(a) after paragraph (b) the word “and” is omitted; | |
(b) after paragraph (c) there are inserted the following paragraphs— | |
“(d) requirements as to consultation in relation to such | |
applications; | |
(e) prohibiting the determination of such applications | 25 |
during such period as is prescribed; | |
(f) requirements on the local planning authority to | |
take account of responses from persons consulted.” | |
17 In section 23(2) (matters to which regard is to be had by local planning | |
authority in exercising function of revoking or modifying consent) for “the | 30 |
development plan and to any other” there is substituted “any”. | |
18 In section 26(2) (matters to which regard is to be had by the Secretary of State | |
in exercising function of revoking or modifying consent) for “the | |
development plan and to any other” there is substituted “any”. | |
19 In section 67 (publicity for applications affecting the setting of listed | 35 |
buildings), subsections (3) to (5) are omitted. | |
20 In section 91(2) (interpretation) ““development plan”” is omitted. | |
21 In section 93 (provision about regulations and orders) after subsection (6) | |
there is inserted the following subsection— | |
“(6A) Regulations and orders may make different provision for different | 40 |
purposes.” | |
| |
| |
|
| |
| |
22 In Schedule 4 (certain provisions as to the exercise of functions by different | |
authorities), in paragraph 3 sub-paragraph (b) and the word “and” | |
immediately before it are omitted. | |
Planning (Hazardous Substances) Act 1990 (c. 10) | |
23 In section 40 the Planning (Hazardous Substances) Act 1990 (provision | 5 |
about regulations) after subsection (3) there is inserted the following | |
subsection— | |
“(4) Regulations may make different provision for different purposes.” | |
Schedule 4 | |
Section 83 | |
Amendments of other enactments | 10 |
Gas Act 1965 (c. 36) | |
1 In paragraph 7(2) of Schedule 3 of the Gas Act 1965 after “development | |
order” there is inserted “or local development order”. | |
Finance Act 1969 (c. 32) | |
2 In section 58(4) of the Finance Act 1969 (disclosure of information for | 15 |
statistical purposes), in the Table in the entry relating to local planning | |
authorities— | |
(a) in the first column for “the Town and Country Planning Act 1990” | |
there is substituted “Part 2 or 6 of the Planning and Compulsory | |
Purchase Act 2003”; | 20 |
(b) In the second column for “Part II of the Town and Country Planning | |
Act 1990” there is substituted “Part 2 or 6 of the Planning and | |
Compulsory Purchase Act 2003”. | |
Leasehold Reform Act 1967 (c. 88) | |
3 In section 28(6)(a) of the Leasehold Reform Act 1967 (development for | 25 |
certain public purposes) for “Town and Country Planning Act 1990” there is | |
substituted “Planning and Compulsory Purchase Act 2003”. | |
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) | |
4 In section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 after | |
subsection (3) there is inserted the following subsection— | 30 |
“(4) If a person is entitled in respect of the same interest in land to a | |
payment both— | |
(a) by virtue of subsection (1) , and | |
(b) under section 33B of the Land Compensation Act 1973 | |
(additional loss payment for agricultural land), | 35 |
section 33H of that Act (only one payment to be made if a person has | |
dual entitlement) applies.” | |
| |
| |
|
| |
| |
Greater London Council (General Powers) Act 1969 (c lii) | |
5 In section 13 of the Greater London Council (General Powers) Act 1969 | |
(exercise of powers relating to walkways) , in the proviso for the words from | |
“any local plan” to “Schedule 1 to that Act)” there is substituted “a local | |
development document (within the meaning of Part 2 of the Planning and | 5 |
Compulsory Purchase Act 2003)”. | |
Land Compensation Act 1973 (c. 26) | |
6 (1) The Land Compensation Act 1973 is amended as follows. | |
(2) In section 29 (home loss payments) after subsection (3A) there is inserted the | |
following subsection— | 10 |
“(3B) For the purposes of this section a person must not be treated as | |
displaced from a dwelling in consequence only of the compulsory | |
acquisition of part of a garden or yard or of an outhouse or | |
appurtenance belonging to or usually enjoyed with the building | |
which is occupied or is intended to be occupied as the dwelling.” | 15 |
(3) Sections 34 to 36 are omitted. | |
(4) In section 87(1) (general interpretation) in the definition of “dwelling” | |
“(except in section 29)” is omitted. | |
(5) But the amendments made by this paragraph do not have effect in relation | |
to a compulsory purchase order made or made in draft before the | 20 |
commencement of this paragraph. | |
Greater London Council (General Powers) Act 1973 (c xxx) | |
7 In section 24(4) of the Greater London Council (General Powers) Act 1973 | |
(definitions for the purpose or provision relating to parking place | |
agreements)— | 25 |
(a) in the definition of appropriate provision for “the Greater London” | |
there is substituted “their”; | |
(b) in the second place where it occurs “Greater London development | |
plan” is omitted. | |
Highways Act 1980 (c. 66) | 30 |
8 (1) Section 232 of the Highways Act 1980 (power to treat certain land as private | |
street) is amended as follows. | |
(2) In subsection (8) after “1990” there is inserted “and Parts 2 and 6 of the | |
Planning and Compulsory Purchase Act 2003”. | |
(3) In subsection (9) for the definition of development plan there is | 35 |
substituted— | |
““development plan” must be construed in accordance with | |
sections 37 of the Planning and Compulsory Purchase Act | |
2003; | |
“local authority” has the same meaning as in the Town and Country | 40 |
Planning Act 1990.” | |
| |
| |
|
| |
| |
Planning and Compensation Act 1991 (c. 34) | |
9 In Schedule 4 to the Planning and Compensation Act 1991 Part 3 is omitted. | |
Local Government Act 1992 (c. 19) | |
10 In section 14(5) of the Local Government Act 1992 (structural changes which | |
may be recommended by the Electoral Commission), paragraph (d) is | 5 |
omitted. | |
Environment Act 1995 (c. 25) | |
11 In section 67 of the Environment Act 1995 (which makes provision for a | |
National Park authority to be the local planning authority) subsections (2) to | |
(4) are omitted. | 10 |
Greater London Authority Act 1999 (c. 29) | |
12 In section 346(b) of the Greater London Authority Act 1999 (Mayor to | |
monitor plans) for “unitary development plan” there is substituted “local | |
development documents (within the meaning of Part 2 of the Planning and | |
Compulsory Purchase Act 2003)” | 15 |
Countryside and Rights of Way Act 2000 (c. 37) | |
13 In section 86(4) of the Countryside and Rights of Way Act 2000— | |
(a) “II,” is omitted; | |
(b) at the end there is inserted “or under Part 2 or 6 of the Planning and | |
Compulsory Purchase Act 2003”. | 20 |
Schedule 5 | |
Section 84 | |
Transitional provisions: Parts 1 and 2 | |
Development plan | |
1 (1) During the transitional period a reference in an enactment mentioned in | |
section 37(7) above to the development plan for an area in England is a | 25 |
reference to— | |
(a) the RSS for the region in which the area is situated or the spatial | |
development strategy for an area in Greater London, and | |
(b) the development plan for the area the purposes of section 27 or 54 of | |
the principal Act. | 30 |
(2) The transitional period is the period starting with the commencement of | |
section 37 and ending on whichever is the earlier of— | |
(a) the end of the period of three years; | |
(b) the day when in relation to an old policy, a new policy which | |
expressly replaces it is published, adopted or approved. | 35 |
(3) But the Secretary of State may direct that for the purposes of such policies as | |
are specified in the direction sub-paragraph (2)(a) does not apply. | |
| |
| |
|
