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(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;” | |
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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.” | |
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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.” | |
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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.” | |
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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. | |
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(4) An old policy is a policy which (immediately before the commencement of | |
section 37) forms part of a development plan for the purposes of section 27 | |
or 54 of the principal Act. | |
(5) A new policy is a policy which is contained in— | |
(a) a revision of an RSS; | 5 |
(b) an alteration or replacement of the spatial development strategy; | |
(c) a development plan document. | |
(6) But— | |
(a) an old policy contained in a structure plan is replaced only by a new | |
policy contained in a revision to an RSS; | 10 |
(b) an old policy contained in a waste local plan or a minerals local plan | |
is replaced in relation to any area of a county council for which there | |
is a district council only by a new policy contained in a development | |
plan document which is prepared in accordance with a minerals and | |
waste development scheme. | 15 |
(7) A new policy is published if it is contained in— | |
(a) a revision of an RSS published by the Secretary of State under section | |
8(6); | |
(b) an alteration or replacement of the Mayor of London’s spatial | |
development strategy published in pursuance of section 337 of the | 20 |
Greater London Authority Act 1999 (c. 29). | |
(8) A new policy is adopted or approved if it is contained in a development plan | |
document which is adopted or approved for the purposes of Part 2. | |
(9) A minerals and waste development scheme is a scheme prepared in | |
accordance with section 15. | 25 |
(10) The development plan mentioned in sub-paragraph (1)(b) does not include | |
a street authorisation map which continued to be treated as having been | |
adopted as a local plan by virtue of paragraph 4 of Part 3 of Schedule 2 to the | |
principal Act. | |
Structure plans | 30 |
2 (1) This paragraph applies to proposals for the alteration or replacement of a | |
structure plan for the area of a local planning authority. | |
(2) If before the commencement of Part 1 of this Act the authority have | |
complied with section 33(2) of the principal Act (making copies of proposals | |
and the explanatory memorandum available for inspection) the provisions | 35 |
of Chapter 2 of Part 2 of the principal Act continue to have effect in relation | |
to the proposals. | |
(3) In any other case— | |
(a) the authority must take no further step in relation to the proposals; | |
(b) the proposals have no effect. | 40 |
(4) If the proposals are adopted or approved by virtue of sub-paragraph (2) | |
above, paragraph 1 of this Schedule applies to the policies contained in the | |
proposals as if— | |
(a) they were policies contained in a development plan within the | |
meaning of section 54 of the principal Act; | 45 |
(b) the date of commencement of section 37 is the date when the | |
proposals are adopted or approved (as the case may be). | |
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Unitary development plan | |
3 (1) This paragraph applies to proposals for the alteration or replacement of a | |
unitary development plan for the area of a local planning authority. | |
(2) If before the commencement of Part 2 of this Act the authority have not | |
complied with section 13(2) of the principal Act (making copies of the | 5 |
proposals available for inspection)— | |
(a) they must take no further step in relation to the proposals; | |
(b) the proposals have no effect. | |
(3) In any other case paragraph 4 or 5 below applies. | |
4 (1) This paragraph applies if— | 10 |
(a) before the commencement of Part 2 of this Act the local planning | |
authority is not required to cause an inquiry or other hearing to be | |
held by virtue of section 16(1) of the principal Act (inquiry must be | |
held if objections made), or | |
(b) before the beginning of the prescribed period a person is appointed | 15 |
under that section to hold an inquiry or other hearing. | |
(2) If this paragraph applies the provisions of Chapter 1 of Part 2 of the principal | |
Act continue to have effect in relation to the proposals. | |
(3) The prescribed period is such period before the commencement of Part 2 of | |
this Act as the Secretary of State prescribes for the purposes of this | 20 |
paragraph. | |
5 (1) If paragraph 4 does not apply the provisions of Chapter 1 of Part 2 of the | |
principal Act continue to have effect in relation to the proposals subject to | |
the modifications in sub-paragraphs (2) to (5) below. | |
(2) If before the commencement of Part 2 of this Act the local planning authority | 25 |
have not published revised proposals in pursuance of regulations under | |
section 26 of the principal Act— | |
(a) any provision of the regulations relating to publication of revised | |
proposals must be ignored, | |
(b) the authority must comply again with section 13(2) of the principal | 30 |
Act. | |
(3) If before the commencement of Part 2 of this Act the local planning authority | |
have published revised proposals in pursuance of regulations under section | |
26 of the principal Act the authority must comply again with section 13(2) of | |
that Act. | 35 |
(4) Any provision of regulations under section 26 of the principal Act which | |
permits the local planning authority to modify proposals after an inquiry or | |
other hearing has been held under section 16 of that Act must be ignored. | |
(5) If such an inquiry or other hearing is held the authority must adopt the | |
proposals in accordance with the recommendations of the person appointed | 40 |
to hold the inquiry or other hearing. | |
6 If proposals are adopted in pursuance of paragraph 4 or 5 above paragraph | |
1 of this Schedule applies to the policies contained in the proposals as if— | |
(a) they were policies contained in a development plan for the purposes | |
of section 27 of the principal Act; | 45 |
(b) the date of commencement of section 37 is the date when the | |
proposals are adopted or approved. | |
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