Amendments proposed to the Planning and Compulsory Purchase (Re-committed) Bill - continued House of Commons

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Tree preservation orders affecting land where Forestry Commissioners interested

   

Mr Keith Hill

NC12

To move the following Clause:—

    '(1)   Section 200 of the principal Act (orders affecting land where Forestry Commissioners interested) is amended as follows.

    (2)   In subsection (2)—

      (a) after paragraph (a) leave out "or";

      (b) after paragraph (b), there is inserted "or

          (c) it has been placed at their disposal.".

    (3)   In subsection (3), leave out from "in accordance with" to the end and insert—

          "(a) in accordance with a plan of operations or other working plan approved by the Forestry Commissioners, and for the time being in force, under a forestry dedication covenant or under the conditions of a grant or loan made under section 1 of the Forestry Act 1979;

          (b) by the Forestry Commissioners on land placed at their disposal."

    (4)   After subsection (4)(a)—

      (a) leave out "and";

      (b) insert the following paragraph—

          "(ab) land placed at the disposal of the Forestry Commissioners is land placed at their disposal under the Forestry Act 1967;".'.


Trees in conservation areas: acts of Crown

   

Mr Keith Hill

NC13

To move the following Clause:—

    'After section 211(4) of the principal Act (preservation of trees in conservation areas) there are inserted the following subsections—

          "(5)   An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless—

          (a) the first condition is satisfied, and

          (b) either the second or third condition is satisfied.

          (6)   The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the local planning authority in whose area the tree is situated.

          (7)   The second condition is that the act is done with the consent of the authority.

          (8)   The third condition is that the act is done—

          (a) after the end of the period of six weeks starting with the date of the notice, and

          (b) before the end of the period of two years starting with that date.".'.


Crown application: transitional

   

Mr Keith Hill

NC14

To move the following Clause:—

    'Schedule (Transitional provisions: Crown application) (which makes transitional provisions in consequence of the application to the Crown of the planning Acts) has effect.'.


Old mining permissions

   

Mr Keith Hill

NC15

To move the following Clause:—

    '(1)   Subsection (2) applies if—

      (a) an old mining permission relates to land which is Crown land, and

      (b) the permission has not been registered in pursuance of Schedule 2 to the Planning and Compensation Act 1991.

    (2)   Section 22 of and Schedule 2 to that Act apply to the old mining permission subject to the following modifications—

      (a) in section 22(3) for "May 1, 1991" there is substituted "the date of commencement of section (Old mining permissions)(2) of the Planning and Compulsory Purchase Act 2003";

      (b) in paragraph 1(3) of Schedule 2 for "the day on which this Schedule comes into force" there is substituted "the date of commencement of section (Old mining permissions)(2) of the Planning and Compulsory Purchase Act 2003".

    (3)   Old mining permission must be construed in accordance with section 22 of the Planning and Compensation Act 1991.

    (4)   Crown land must be construed in accordance with Part 13 of the principal Act.'.


Subordinate legislation

   

Mr Keith Hill

NC16

To move the following Clause:—

    '(1)   The Secretary of State may by order provide that relevant subordinate legislation applies to the Crown.

    (2)   The order may modify such subordinate legislation to the extent that the Secretary of State thinks appropriate for the purposes of its application to the Crown.

    (3)   Relevant subordinate legislation is an instrument which—

      (a) is made under or (wholly or in part) for the purposes of any of the planning Acts,

      (b) is made before the commencement of section (Crown application of planning Acts) of this Act, and

      (c) is specified in the order.'.


Assessment of compensation: valuation date

   

Mr Keith Hill

NC17

To move the following Clause:—

    '(1)   The Land Compensation Act 1961 (c.33) is amended as follows.

    (2)   After section 5 there is inserted—

          "5A Relevant valuation date

          (1)   If the value of land is to be assessed in accordance with rule (2) in section 5, the valuation must be made as at the relevant valuation date.

          (2)   No adjustment is to be made to the valuation in respect of anything which happens after the relevant valuation date.

          (3)   If the land is the subject of a notice to treat, the relevant valuation date is the earlier of—

          (a) the date when the acquiring authority enters on and takes possession of the land, and

          (b) the date when the assessment is made.

          (4)   If the land is the subject of a general vesting declaration, the relevant valuation date is the earlier of—

          (a) the vesting date, and

          (b) the date when the assessment is made,

        and "general vesting declaration" and "vesting date" have the meanings given in section 2 of the Compulsory Purchase (Vesting Declarations) Act 1981.

          (5)   If the acquiring authority enters on and takes possession of part of the land—

          (a) specified in a notice of entry, or

          (b) in respect of which a payment into court has been made,

        the authority is deemed, for the purposes of subsection (3)(a), to have entered on and taken possession of the whole of that land on that date.

          (6)   Subsection (5) also applies for the purposes of calculating interest under the following enactments—

          (a) section 11(1) of the Compulsory Purchase Act 1965;

          (b) paragraph 3 of Schedule 3 to that Act;

          (c) section 85 of the Lands Clauses Consolidation Act 1845;

          (d) section 52A of the Land Compensation Act 1973,

        and references there to the date or time of entry are to be construed accordingly.

          (7)   An assessment by the Lands Tribunal is treated as being made on the date certified by the Tribunal as—

          (a) the last hearing date before it makes its determination, or

          (b) in a case to be determined without an oral hearing, the last date for making written submissions before it makes its determination.

          (8)   Nothing in this section affects—

          (a) any express provision in any other enactment which requires the valuation of land subject to compulsory acquisition to be made at a particular date;

          (b) the valuation of land for purposes other than the compulsory acquisition of that land (even if the valuation is to be made in accordance with the rules in section 5).

          (9)   In this section—

          (a) a notice of entry is a notice under section 11(1) of the Compulsory Purchase Act 1965;

          (b) a payment into court is a payment into court under Schedule 3 to that Act or under section 85 of the Lands Clauses Consolidation Act 1845.".'.


Procedure for authorisation of compulsory purchase by authority other than a Minister

   

Mr Keith Hill

NC18

To move the following Clause:—

    '(1)   The Acquisition of Land Act 1981 (c.67) (the "1981 Act") is amended as follows.

    (2)   In section 6 (service of documents), in subsection (4)—

      (a) after "lessee" in each place there is inserted ", tenant",

      (b) after ""lessee"" there is inserted ", "tenant"".

    (3)   In section 7 (interpretation), after subsection (2) there is added—

          "(3)   But an instrument containing regulations made for the purposes of section 13A or paragraph 4A of Schedule 1 is subject to annulment in pursuance of a resolution of either House of Parliament."

    (4)   In section 11 (notices in newspapers), after subsection (2) there is added—

          "(3)   In addition, the acquiring authority shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the order.

          (4)   The notice under subsection (3) must—

          (a) be addressed to persons occupying or having an interest in the land, and

          (b) set out each of the matters mentioned in subsection (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under subsection (3) is first affixed)."

    (5)   In section 12 (notices to owners, lessees and occupiers)—

      (a) in subsection (1), for the words from "owner" to "order" (where it first appears) there is substituted "qualifying person",

      (b) for subsection (2) there is substituted—

          "(2)   A person is a qualifying person, in relation to land comprised in an order, if—

          (a) he is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land, or

          (b) he falls within subsection (2A).

          (2A)   A person falls within this subsection if he is—

          (a) a person to whom the acquiring authority would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or

          (b) a person the acquiring authority thinks is likely to be entitled to make a relevant claim if the order is confirmed and the compulsory purchase takes place, so far as he is known to the acquiring authority after making diligent inquiry.

          (2B)   A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection)."

    (6)   For section 13 (confirmation of compulsory purchase order) there are substituted the following sections—

          "13     Confirmation of order: no objections

          (1)   The confirming authority may confirm a compulsory purchase order with or without modifications if it is satisfied—

          (a) that the notice requirements have been complied with, and

          (b) that one of the conditions in subsection (2) is satisfied.

          (2)   The conditions are—

          (a) no relevant objection is made,

          (b) every relevant objection made is either withdrawn or disregarded.

          (3)   The confirming authority may require every person who makes a relevant objection to state the grounds of the objection in writing.

          (4)   If the confirming authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection.

          (5)   The notice requirements are the requirements under sections 11 and 12 to publish, affix and serve notices in connection with the compulsory purchase order.

          (6)   A relevant objection is an objection by a person who is a qualifying person for the purposes of section 12(2), but if such a person qualifies only by virtue of section 12(2A)(b) and the confirming authority thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection.

          (7)   Disregarded means disregarded under subsection (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.

          13A     Confirmation of order: remaining objections

          (1)   This section applies to the confirmation of a compulsory purchase order if a relevant objection is made which is neither—

          (a) withdrawn, nor

          (b) disregarded,

        (a remaining objection).

          (2)   The confirming authority may proceed under the written representations procedure—

          (a) if the order is not subject to special parliamentary procedure,

          (b) in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and

          (c) if every person who has made a remaining objection consents in the prescribed manner.

          (3)   If subsection (2) does not apply or if the confirming authority decides not to proceed under that subsection, it must either—

          (a) cause a public local inquiry to be held, or

          (b) give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose.

          (4)   If a person who has made a remaining objection takes the opportunity to appear before a person appointed under subsection (3)(b) the confirming authority must give the acquiring authority and any other person it thinks appropriate the opportunity to be heard at the same time.

          (5)   The confirming authority may confirm the order with or without modifications if it has considered the objection and either —

          (a) it has followed the written representations procedure, or

          (b) in a case which falls within subsection (3), if an inquiry was held or a person was appointed under subsection (3)(b), it has considered the report of the person who held the inquiry or who was so appointed.

          (6)   The written representations procedure is such procedure as is prescribed for the purposes of this section including provision affording an opportunity to—

          (a) every person who has made a remaining objection,

          (b) the acquiring authority, and

          (c) any other person the confirming authority thinks appropriate,

        to make written representations as to whether the order should be confirmed.

          (7)   Relevant objection and disregarded must be construed in accordance with section 13.

          13B     Written representations procedure: supplementary

          (1)   This section applies where the confirming authority decides under section 13A to follow the written representations procedure.

          (2)   The confirming authority may make orders as to the costs of the parties to the written representations procedure, and as to which party must pay the costs.

          (3)   An order under subsection (2) may be made a rule of the High Court on the application of any party named in the order.

          (4)   The costs incurred by the confirming authority in connection with the written representations procedure must be paid by the acquiring authority, if the confirming authority so directs.

          (5)   The confirming authority may certify the amount of its costs, and any amount so certified and directed to be paid by the acquiring authority is recoverable summarily by the confirming authority as a civil debt.

          (6)   Section 42(2) of the Housing and Planning Act 1986 (recovery of Minister's costs in connection with inquiries) applies to the written representations procedure as if the procedure is an inquiry specified in section 42(1) of that Act.

          (7)   Regulations under section 13A(6) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.

          13C     Confirmation in stages

          (1)   The confirming authority may confirm an order (with or without modifications) so far as it relates to part of the land comprised in the order (the "relevant part") if each of the conditions in subsection (2) is met.

          (2)   The conditions are—

          (a) the confirming authority is satisfied that the order ought to be confirmed so far as it relates to the relevant part but has not for the time being determined whether the order ought to be confirmed so far as it relates to the remaining part;

          (b) the confirming authority is satisfied that the notice requirements have been complied with.

          (3)   If there is a remaining objection in respect of the order, the confirming authority may only act under subsection (1) after complying with section 13A(2) or (3) (as the case may be).

          (4)   But it may act under subsection (1) without complying with those provisions if it is satisfied that all remaining objections relate solely to the remaining part of the land.

          (5)   If the confirming authority acts under subsection (1)—

          (a) it must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction,

          (b) the order so far as it relates to each part of the land must be treated as a separate order.

          (6)   The notices to be published, affixed and served under section 15 must include a statement as to the effect of the direction given under subsection (5)(a).

          (7)   Notice requirements must be construed in accordance with section 13.

          (8)   Remaining objection must be construed in accordance with section 13A."

    (7)   For section 15 there is substituted—

          "15 Notices after confirmation of order

          (1)   After the order has been confirmed, the acquiring authority must—

          (a) serve a confirmation notice and a copy of the order as confirmed on each person on whom a notice was required to be served under section 12, and

          (b) affix a confirmation notice to a conspicuous object or objects on or near the land comprised in the order.

          (2)   The notice under subsection (1)(b) must—

          (a) be addressed to persons occupying or having an interest in the land;

          (b) so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative.

          (3)   The acquiring authority must also publish a confirmation notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated.

          (4)   A confirmation notice is a notice—

          (a) describing the land;

          (b) stating that the order has been confirmed;

          (c) (except in the case of a notice under subsection (1)(a)) naming a place where a copy of the order as confirmed and of the map referred to there may be inspected at all reasonable hours;

          (d) that a person aggrieved by the order may apply to the High Court as mentioned in section 23.

          (5)   A confirmation notice must be in the prescribed form."

    (8)   The amendments made by this section do not apply to orders of which notice under section 11 of the 1981 Act has been published before commencement of this section.'.



 
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