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Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland

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                    (a)                   a person appearing to the person seeking entry to the land to

be entitled to give it, or

                    (b)                   the appropriate authority.

              (4)             In subsection (6) the words “Subject to section 270” must be ignored.

              (5)             Section 270 does not apply to anything done by virtue of this section.

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              (6)             “Appropriate authority” must be construed in accordance with

section 242.”.

  15       After section 78 of the Scottish listed buildings Act (rights of entry:

supplementary provisions) there is inserted the following section—

       “78A            Rights of entry: Crown land

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              (1)             Section 76 applies to Crown land subject to the following

modifications.

              (2)             A person must not enter Crown land unless he has the relevant

permission.

              (3)             Relevant permission is the permission of—

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                    (a)                   a person appearing to the person seeking entry to the land to

be entitled to give it, or

                    (b)                   the appropriate authority.

              (4)             In subsection (6) the words “and 78” must be ignored.

              (5)             Section 78 does not apply to anything done by virtue of this section.

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              (6)             “Appropriate authority” must be construed in accordance with

section 73D.”.

  16       After section 35 of the Scottish hazardous substances Act (rights of entry:

supplementary provisions) there is inserted the following section—

       “35A            Rights of entry: Crown land

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              (1)             Section 33 applies to Crown land subject to the following

modifications.

              (2)             A person must not enter Crown land unless he has the relevant

permission.

              (3)             Relevant permission is the permission of—

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                    (a)                   a person appearing to the person seeking entry to the land to

be entitled to give it, or

                    (b)                   the appropriate authority.

              (4)             In subsection (5), the words “and 35” must be ignored.

              (5)             Section 35 does not apply to anything done by virtue of this section.

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              (6)             “Appropriate authority” must be construed in accordance with

section 31(5).”.

Service of notices

  17       After section 271 of the principal Scottish Act (service of notices) there is

 

 

Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland

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inserted the following section—

       “271A                                                 Service of notices on the Crown

              (1)             Any notice or other document required under this Act to be served

on the Crown must be served on the appropriate authority.

              (2)             Section 271 does not apply for the purposes of the service of such a

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notice or document.

              (3)             “Appropriate authority” must be construed in accordance with

section 242.”.

Information as to interests in land

  18       In the principal Scottish Act, after section 272 (power to require information

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as to interests in land) there is inserted the following section—

       “272A             Information as to interests in Crown land

              (1)             This section applies to an interest in Crown land which is not a

private interest.

              (2)             Section 272 does not apply to an interest to which this section applies.

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              (3)             For a purpose mentioned in section 272(1) the Scottish Ministers may

request the appropriate authority to give them such information as

to the matters mentioned in section 272(2) as they specify in the

request.

              (4)             The appropriate authority must comply with a request under

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subsection (3) except to the extent—

                    (a)                   that the matter is not within the knowledge of the authority,

or

                    (b)                   that to do so will disclose information as to any of the matters

mentioned in section 265A(4).

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              (5)             Expressions used in this section and in Part 12 (Crown Land) must

be construed in accordance with that Part.”.

Listed buildings and conservation areas

  19      (1)      In the Scottish listed buildings Act, sections 74 and 75 (provisions relating to

Crown land) are omitted.

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          (2)      The repeal of section 75 does not affect any requirement made in pursuance

of regulations made under subsection (4)(b) of that section.

  20      (1)      In the Scottish listed buildings Act, section 79 (application of certain general

provisions of the principal Scottish Act) is amended as follows.

          (2)      In subsection (1)—

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              (a)             after the entry relating to section 265 there is inserted—

                                      “section 265A (planning inquiries to be held in public subject to

certain exceptions),”,

              (b)             after the entry relating to section 271 there is inserted—

                                      “section 271A(1) and (2) (service of notices on the Crown),”, and

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Planning and Compulsory Purchase Bill
Schedule 5 — Crown application: Scotland

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              (c)             after the entry relating to section 272 there is inserted—

                                      “section 272A(1) to (4) (information as to interests in Crown

land),”.

          (3)      After subsection (2) there is inserted the following subsection—

              “(3)                In the application of section 265A of the principal Act for the

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purposes of this Act, the provisions mentioned in subsection (1) of

the section shall be construed as including any inquiry held by virtue

of this section.”.

Hazardous substances

  21       In the Scottish hazardous substances Act, in section 15 (revocation of consent

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on change of control of land) after subsection (2) there is inserted the

following subsection—

              “(3)                This section does not apply if the control of the land changes from

one emanation of the Crown to another.”.

  22      (1)      In the Scottish hazardous substances Act, section 36 (application of certain

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general provisions of the principal Scottish Act) is amended as follows—

              (a)             after the entry relating to section 265 there is inserted—

                                                          “section 265A (planning inquiries to be held in public subject to

certain exceptions),”,

              (b)             after the entry relating to section 271 there is inserted—

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                                      “section 271A(1) to (2) (service of notices on the Crown),”, and

              (c)             after the entry relating to section 272 there is inserted—

                                      “section 272A(1) to (4) (information as to interests in Crown

land),”.

          (2)      The existing provision as so amended becomes subsection (1), and after that

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subsection there is added—

              “(2)                In the application of section 265A of the principal Act for the

purposes of this Act, the provisions mentioned in subsection (1) of

the section shall be construed as including any inquiry held by virtue

of this section.”.

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Miscellaneous

  23       Section 242(4) of the principal Scottish Act (certain persons treated as having

an interest in Crown land) is omitted.

  24       In the principal Scottish Act, for section 247 (supplementary provisions as to

Crown interest) there is substituted the following section—

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       “247                         Supplementary provisions as to Crown interest

Where, in accordance with an agreement under section 246, the

approval of a planning authority is required in respect of any

development of land in which there is a Crown interest, sections 78

to 82 have effect in relation to the withholding of that approval, or

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the giving of it subject to conditions, as if it were a refusal of planning

permission, or, as the case may be, a grant of planning permission

subject to conditions.”.

 

 

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts

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  25      (1)      In the principal Scottish Act, section 249 (tree preservation orders in

anticipation of disposal of Crown land) is omitted.

          (2)      But the repeal of section 249 does not affect its operation in relation to a tree

preservation order made by virtue of that section before the commencement

of this paragraph.

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  26      (1)      In the principal Scottish Act, section 250 (requirement of planning

permission for continuance of use instituted by the Crown) is omitted.

          (2)      But the repeal of section 250 does not affect its operation in relation to an

agreement made as mentioned in subsection (1) of that section before the

commencement of this paragraph.

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Schedule 6

Section 110

 

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—

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       “69  Register of applications etc

              (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

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the meaning of section 61E);

                    (c)                   local development orders;

                    (d)                   simplified planning zone schemes.

              (2)             The register must contain—

                    (a)                   information as to the manner in which applications

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mentioned in subsection (1)(a) and requests mentioned in

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.

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              (3)             A development order may require the register to be kept in two or

more parts.

              (4)             Each part must contain such information as is prescribed relating to

the matters mentioned in subsection (1)(a) and (b).

              (5)             A development order may also make provision—

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                    (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

everything relating to it) to be removed from that part of the

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register when the application (including any appeal arising

 

 

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts

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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

inclusion of a different entry relating to the application or request in

another part of the register.

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              (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.

              (9)             Anything prescribed under this section must be prescribed by

development order.”

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  3        In section 71 (consultations relating to determination of planning

applications)—

              (a)              subsection (3) is omitted;

              (b)             in subsection (4) the definition of “site licence” is omitted.

  4        Section 92 (outline planning permission) is omitted.

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  5                 In section 108 (compensation for refusal of planning permission formerly

granted by development order) after subsection (3) there is inserted the

following subsection—

              “(3A)                This section does not apply if—

                    (a)                   development authorised by planning permission granted by

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a development order or local development order is started

before the permission is withdrawn, and

                    (b)                   the order includes provision in pursuance of section 61D

permitting the development to be completed after the

permission is withdrawn.”

25

  6       (1)      In section 245 (modification of incorporated enactments), subsections (2)

and (3) are omitted.

          (2)      The amendments made by sub-paragraph (1) do not apply to compulsory

purchase orders of which notice under section 11 of or, as the case may be,

paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published

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before commencement of this paragraph.

  7        In section 284(1) (restriction on challenge to validity of certain documents),

paragraph (a) is omitted.

  8       (1)      Section 287 (procedure for questioning the validity of certain matters) is

amended as follows.

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          (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;

                    (b)                   an order under section 247, 248, 249, 251, 257, 258 or 277,

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                              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—

 

 

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts

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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;

                    (b)                   that the interests of the applicant have been substantially

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prejudiced by a failure to comply with a procedural

requirement.

              (3B)                The High Court may quash the relevant document—

                    (a)                   wholly or in part;

                    (b)                   generally or as it affects the property of the applicant.

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              (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

alteration of the scheme, Part III;

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                    (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;

              (b)             in each of paragraphs (b) to (e) the words “by virtue of subsection

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(3)” are omitted.

          (4)      Subsection (6) is omitted.

  9       (1)      Section 296 (exercise of powers in relation to Crown land) is amended as

follows.

          (2)      In subsection (1) for paragraph (a) there is substituted the following

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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—

              “(1A)                These are the documents, plans and strategies—

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                    (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

approved under Part 2 of that Act;

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                    (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

section 337 of the Greater London Authority Act 1999.”

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Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts

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  10      (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.

              (1A)                A qualifying procedure is—

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                    (a)                   an independent examination under section 19 or 59 of the

Planning and Compulsory Purchase Act 2003;

                    (b)                   a local inquiry or other hearing under paragraph 8(1)(a) of

Schedule 7;

                    (c)                   the consideration of objections under paragraph 8(1)(b) of

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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;

                    (b)                   the National Assembly for Wales if the local planning

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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”;

              (b)             for “him” there is substituted “it”;

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              (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—

              (a)             “or appointed as one of the persons who are to hold it”;

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              (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

proportion of any costs attributable to the appointment of an

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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

to be held include references to a requirement under the Planning

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and Compulsory Purchase Act 2003 on the authority to submit a plan

to the appropriate authority for independent examination.”

  11       In section 306 (2) (local authorities and statutory undertakers may contribute

to certain costs of local planning authorities) for paragraph (a) there are

substituted the following paragraphs—

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                    “(a)                      any expenses incurred by a local planning authority for the

purposes of carrying out a review under section 12 or 56 of

the Planning and Compulsory Purchase Act 2003 (duty of

local planning authority to keep under review certain matters

affecting development);

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