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Planning and Compulsory Purchase Bill


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

    63

 

              (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

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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

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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.

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              (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;

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              (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

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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;

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                    (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—

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                    (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;

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                    (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;

 

 

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

    64

 

                    (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;

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                    (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

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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;

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              (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.

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          (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—

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              “(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

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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

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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.

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              (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;

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

    65

 

                    (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;

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                    (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”;

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              (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—

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              (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

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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

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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

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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

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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);”

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  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

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under Part 6 of that Act;”

 

 

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

    66

 

  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.

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          (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)—

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              (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

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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

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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

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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

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purposes.”

 

 

Planning and Compulsory Purchase Bill
Schedule 4 — Amendments of other enactments

    67

 

  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

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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

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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”;

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              (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

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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—

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              “(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),

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                              section 33H of that Act (only one payment to be made if a person has

dual entitlement) applies.”

 

 

Planning and Compulsory Purchase Bill
Schedule 4 — Amendments of other enactments

    68

 

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—

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              “(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.”

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          (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

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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)—

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              (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)

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  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

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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

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Planning Act 1990.”

 

 

Planning and Compulsory Purchase Bill
Schedule 5 — Transitional provisions: Parts 1 and 2

    69

 

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

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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)”

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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”.

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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

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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.

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          (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.

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          (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.

 

 

 
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