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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; | |
(b) any increase attributable to this Act in the sums payable out of money so | 5 |
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 | |
This Act extends to England and Wales only. | 10 |
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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(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; | |
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(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 |
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