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

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Confirmation by acquiring authority

   

Mr Keith Hill

NC21

To move the following Clause:—

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

    (2)   After section 14 there is inserted—

          "14A Confirmation by acquiring authority

          (1)   The power to confirm an order may be exercised by the acquiring authority (instead of the confirming authority) if—

          (a) the confirming authority has notified the acquiring authority to that effect, and

          (b) the notice has not been revoked.

          (2)   But this section does not apply to an order in respect of land—

          (a) falling within section 16(1) or paragraph 3(1) of Schedule 3, or

          (b) forming part of a common, open space or fuel or field garden allotment for the purposes of section 19.

          (3)   The confirming authority may give notice under subsection (1) if it is satisfied—

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

          (b) that no objection has been made in relation to the proposed confirmation or that all objections have been withdrawn, and

          (c) that the order is capable of being confirmed without modification.

          (4)   An objection is an objection made by any person (whether or not a person mentioned in section 12(2)), including an objection which is disregarded.

          (5)   The power to confirm an order under subsection (1) does not include any power—

          (a) to confirm the order with modifications, or

          (b) to confirm only a part of the order.

          (6)   The acquiring authority must notify the confirming authority as soon as reasonably practicable after it has determined whether or not to confirm the order.

          (7)   The confirming authority may revoke a notice given by it under subsection (1).

          (8)   But a notice may not be revoked if the determination has already been made and notified by the acquiring authority under subsection (6).

          (9)   An order confirmed by the acquiring authority under subsection (1) is to have the same effect as if it were confirmed by the confirming authority.

          (10)   Notices under this section must be in writing.

          (11)   Notice requirements and disregarded must be construed in accordance with section 13."

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


Enforcement in relation to Crown land: Scotland

   

Mr Keith Hill

NC37

To move the following Clause:—

    '(1)   In the Town and Country Planning (Scotland) Act 1997 (c.8), section 245 (exercise of powers in relation to Crown land) is omitted.

    (2)   After section 245 there is inserted the following section—

          "245A Enforcement in relation to the Crown

          (1)   No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.

          (2)   A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

          (3)   The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.

          (4)   A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.

          (5)   A step taken for the purposes of enforcement includes—

          (a) entering land;

          (b) initiating proceedings;

          (c) the making of an application.

          (6)   A step taken for the purposes of enforcement does not include—

          (a) service of a notice,

          (b) the making of an order (other than a court order)."

    (3)   In the Town and Country Planning (Scotland) Act 1997 (c.8), after section 245A (inserted by subsection (2) above) there is inserted the following section—

          "245B References to an interest in land

          (1)   Subsection (2) applies to the extent that an interest in land is a Crown interest.

          (2)   Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.

          (3)   An interest in land includes an interest only as occupier of the land."

    (4)   In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9) after section 73D (inserted by Schedule (Crown application: Scotland)) there are inserted the following sections—

          "73E Enforcement in relation to the Crown

          (1)   No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.

          (2)   A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

          (3)   The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.

          (4)   A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.

          (5)   A step taken for the purposes of enforcement includes—

          (a) entering land;

          (b) initiating proceedings;

          (c) the making of an application.

          (6)   A step taken for the purposes of enforcement does not include—

          (a) service of a notice,

          (b) the making of an order (other than a court order).

              73F Reference to an interest in land

              (1)   Subsection (2) applies to the extent that an interest in land is a Crown interest.

              (2)   Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.

              (3)   An interest in land includes an interest only as occupier of the land.".

    (5)   In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30A (inserted by section (Crown application of Scottish planning Acts)(3)) there are inserted the following sections—

          "30B Enforcement in relation to the Crown

          (1)   No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this act.

          (2)   A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

          (3)   The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.

          (4)   A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.

          (5)   A step taken for the purposes of enforcement includes—

          (a) entering land;

          (b) initiating proceedings,

          (c) the making of an application.

          (6)   A step taken for the purposes of enforcement does not include—

          (a) service of a notice,

          (b) the making of an order (other than a court order).

              30C Reference to an interest in land

              (1)   Subsection (2) applies to the extent that an interest in land is a Crown interest.

              (2)   Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.

              (3)   An interest in land includes an interest only as occupier of the land.".'


Urgent Crown development: Scotland

   

Mr Keith Hill

NC38

To move the following Clause:—

    '(1)   In the Town and Country Planning (Scotland) Act 1997 (c.8), before section 243 (control of development on Crown land: special enforcement notices) there is inserted the following section—

          "242AUrgent Crown development: application

          (1)   This section applies to a development if the appropriate authority certifies—

          (a) that the development is of national importance, and

          (b) that it is necessary that the development is carried out as a matter of urgency.

          (2)   The appropriate authority may, instead of making an application for planning permission to the planning authority in accordance with Part 3, make an application for planning permission to the Scottish Ministers under this section.

          (3)   If the appropriate authority proposes to make the application to the Scottish Ministers, it must publish in one or more newspapers circulating in the locality of the proposed development a notice—

          (a) describing the proposed development, and

          (b) stating that the authority proposes to make the application to the Scottish Ministers.

          (4)   For the purposes of an application under this section the appropriate authority must provide to the Scottish Ministers—

          (a) any matter required to be provided by an applicant for planning permission in pursuance of regulations made under section 40,

          (b) a statement of the authority's grounds for making the application.

          (5)   If the appropriate authority makes an application under this section subsections (6) to (10) below apply.

          (6)   The Scottish Ministers may require the authority to provide them with such further information as they think necessary to enable them to determine the application.

          (7)   As soon as practicable after they are provided with any document or other matter in pursuance of subsection (4) or (6) the Scottish Ministers must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.

          (8)   The Scottish Ministers must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection.

          (9)   The Scottish Ministers must consult—

          (a) the planning authority, and

          (b) such other persons as may be prescribed,

        about the application.

          (10)   Subsections (4) to (7) of section 46 apply to an application under this section as they apply to an application in respect of which a direction under section 46 has effect.".

    (2)   In section 237 of that Act, (validity of certain matters) in subsection (3) at the end there is added the following paragraph—

          "(i) any decision on an application for planning permission under section 242A.".'.



 
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