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Planning and Compulsory Purchase Bill


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

    123

 

                    (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);”

  12       In section 324(1) (rights of entry) for paragraph (a) there is substituted the

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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

under Part 6 of that Act;”

10

  13      (1)               Section 333 (provision about regulations and orders) is amended as follows.

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

              “(2A)                Regulations may make different provision for different purposes.”

  14       In section 336(1) (interpretation) for the definition of development plan there

is substituted—

15

                 ““development plan” must be construed in accordance with section

37 of the Planning and Compulsory Purchase Act 2003;”.

  15      (1)      Schedule 1 (distribution of functions of local planning authorities) is

amended as follows.

          (2)      Paragraph 2 is omitted.

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          (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.

  16       In Schedule 2 (transitional provisions relating to development plans) Parts

1, 2 and 3 are omitted.

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  17      (1)      Schedule 13 (blighted land) is amended as follows.

          (2)      Paragraphs 1 to 4 are omitted.

          (3)      The following paragraph is inserted as paragraph 1A—

          “1A                  Land which is identified for the purposes of relevant public

functions by a development plan document for the area in which

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the land is situated.

          Notes

          (1)                                   Relevant public functions are—

                      (a)                     the functions of a government department, local authority,

National Park authority or statutory undertakers;

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                      (b)                     the establishment or running by a public

telecommunications operator of a telecommunication

system.

          (2)                                   For the purposes of this paragraph a development plan document

is—

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                      (a)                     a development plan document which is adopted or

approved for the purposes of Part 2 of the Planning and

Compulsory Purchase Act 2003 (in this paragraph, the

2003 Act);

 

 

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

    124

 

                      (b)                     a revision of such a document in pursuance of section 25 of

the 2003 Act which is adopted or approved for the

purposes of Part 2 of the 2003 Act;

                      (c)                     a development plan document which has been submitted

to the Secretary of State for independent examination

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under section 19(1) of the 2003 Act;

                      (d)                     a revision of a development plan document in pursuance

of section 25 of the 2003 Act if the document has been

submitted to the Secretary of State for independent

examination under section 19(1) of that Act.

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          (3)                                   But Note (2)(c) and (d) does not apply if the document is

withdrawn under section 21 of the 2003 Act at any time after it has

been submitted for independent examination.

          (4)                                   In Note (2)(c) and (d) the submission of a development plan

document to the Secretary of State for independent examination is

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to be taken to include the holding of an independent examination

by the Secretary of State under section 20 or section 26 of the 2003

Act.”

          (4)               In paragraph 5 for “any such functions as are mentioned in paragraph 1(a)(i)

or (ii)” there is substituted “relevant public functions (within the meaning of

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paragraph 1A)”.

          (5)      In paragraph 6 for “any such functions as are mentioned in paragraph 5”

there is substituted “relevant public functions (within the meaning of

paragraph 1A)”.

          (6)      In paragraph 13, for “paragraphs 1, 2, 3 and 4” there is substituted

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“paragraph 1A”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

  18       The Planning (Listed Buildings and Conservation Areas) Act 1990 is

amended as follows.

  19       In section 10(3) (regulations relating to applications for listed building

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consent)—

              (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;

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                             (e)                               prohibiting the determination of such applications

during such period as is prescribed;

                             (f)                               requirements on the local planning authority to

take account of responses from persons consulted.”

  20       In section 23(2) (matters to which regard is to be had by local planning

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authority in exercising function of revoking or modifying consent) for “the

development plan and to any other” there is substituted “any”.

  21       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”.

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Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments

    125

 

  22       In section 67 (publicity for applications affecting the setting of listed

buildings), subsections (3) to (5) are omitted.

  23       In section 91(2) (interpretation) ““development plan”” is omitted.

  24       In section 93 (provision about regulations and orders) after subsection (6)

there is inserted the following subsection—

5

              “(6A)                Regulations and orders may make different provision for different

purposes.”

  25       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.

10

Planning (Hazardous Substances) Act 1990 (c. 10)

  26       In section 40 the Planning (Hazardous Substances) Act 1990 (provision

about regulations) after subsection (3) there is inserted the following

subsection—

              “(4)                Regulations may make different provision for different purposes.”

15

Schedule 7

Section 110

 

Amendments of other enactments

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”.

20

Finance Act 1969 (c. 32)

  2        In section 58(4) of the Finance Act 1969 (disclosure of information for

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”

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there is substituted “Part 2 or 6 of the Planning and Compulsory

Purchase Act 2003”;

              (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”.

30

Leasehold Reform Act 1967 (c. 88)

  3        In section 28(6)(a) of the Leasehold Reform Act 1967 (development for

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)

35

  4        In section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 after

 

 

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments

    126

 

subsection (3) there is inserted the following subsection—

              “(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

5

(additional loss payment for agricultural land),

                              section 33H of that Act (only one payment to be made if a person has

dual entitlement) applies.”

Countryside Act 1968 (c. 41)

  5       (1)      Paragraph 3 of Schedule 2 to the Countryside Act 1968 is amended as

10

follows.

          (2)      In sub-paragraph (2), after “published” there is inserted “, affixed”.

          (3)               In sub-paragraph (4)(a), after “published” there is inserted “, affixed”.

          (4)      The amendments made by this paragraph do not apply to compulsory

purchase orders of which notice under section 11 of the Acquisition of Land

15

Act 1981 is published before commencement of this paragraph.

Greater London Council (General Powers) Act 1969 (c lii)

  6        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

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development document (within the meaning of Part 2 of the Planning and

Compulsory Purchase Act 2003)”.

Land Compensation Act 1973 (c. 26)

  7       (1)      The Land Compensation Act 1973 is amended as follows.

          (2)      In section 29 (home loss payments) after subsection (3A) there is inserted the

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following subsection—

              “(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

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which is occupied or is intended to be occupied as the dwelling.”

          (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

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to a compulsory purchase order made or made in draft before the

commencement of this paragraph.

Greater London Council (General Powers) Act 1973 (c xxx)

  8        In section 24(4) of the Greater London Council (General Powers) Act 1973

(definitions for the purpose or provision relating to parking place

40

agreements)—

 

 

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments

    127

 

              (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.

Welsh Development Agency Act 1975 (c. 70)

5

  9       (1)      Schedule 4 to the Welsh Development Agency Act 1975 is amended as

follows.

          (2)      Paragraph 2 is omitted.

          (3)      In paragraph 3, in sub-paragraph (1)(c), for “section 13 of that Act to

objections made by an owner, lessee or occupier” there is substituted

10

“sections 13 and 13A of that Act to relevant objections”.

          (4)      The amendments made by this paragraph do not apply to compulsory

purchase orders of which notice under section 11 of the Acquisition of Land

Act 1981 is published before commencement of this paragraph.

Local Government, Planning and Land Act 1980 (c. 65)

15

  10      (1)      The Local Government, Planning and Land Act 1980 is amended as follows.

          (2)      In section 142 (acquisition by corporation), in subsection (2A), “(subject to

section 144(2))” is omitted.

          (3)      In section 143 (acquisition by local highway authority), in subsection (3A),

“(subject to section 144(2))” is omitted.

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          (4)      In section 144, in subsection (2), “the 1981 Act and” is omitted.

          (5)      In Schedule 28, in paragraph 1, “The 1981 Act and” and the words from “and

in paragraph 2” to the end are omitted.

          (6)      The amendments made by this paragraph do not apply to compulsory

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

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

before commencement of this paragraph.

          (7)      In Schedule 26 (Urban Development Corporations), after paragraph 14 there

are inserted the following paragraphs—

“Delegation of planning functions

30

          14A                 (1)                  This paragraph applies in relation to any function conferred on the

corporation by virtue of an order under section 149 above.

                           (2)                  The corporation may appoint committees and such committees

may appoint sub-committees.

                           (3)                  Anything which is authorised or required to be done by the

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corporation—

                      (a)                     may be done by any member of the corporation or of its

staff who is authorised for the purpose either generally or

specifically;

                      (b)                     may be done by a committee or sub-committee which is so

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authorised.

                           (4)                  The corporation may—

 

 

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments

    128

 

                      (a)                     determine the quorum of a committee or sub-committee;

                      (b)                     make such arrangements as it thinks appropriate relating

to the meetings and procedure of a committee or sub-

committee.

                           (5)                  Anything done for the purposes of sub-paragraph (4) is subject to

5

directions given by the Secretary of State.

                           (6)                  The validity of anything done by a committee or sub-committee is

not affected by—

                      (a)                     any vacancy among its members;

                      (b)                     any defect in the appointment of any of its members.

10

                           (7)                  This paragraph does not extend to Scotland.

          14B                 (1)                  This paragraph has effect in relation to the membership of

committees and sub-committees appointed under paragraph 14A.

                           (2)                  A committee may consist of—

                      (a)                     such members of the corporation as it appoints;

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                      (b)                     such other persons as the corporation (with the consent of

the Secretary of State) appoints.

                           (3)                  A sub-committee of a committee may consist of—

                      (a)                     such members of the committee as it appoints;

                      (b)                     such persons who are members of another committee of

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the corporation (whether or not they are members of the

corporation) as the committee appoints;

                      (c)                     such other persons as the corporation (with the consent of

the Secretary of State) appoints.

                           (4)                  The membership of a committee or sub-committee—

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                      (a)                     must always include at least one person who is a member

of the corporation;

                      (b)                     must not include any person who is a member of the staff

of the corporation.”

Highways Act 1980 (c. 66)

30

  11      (1)      The Highways Act 1980 is amended as follows.

          (2)      In section 232(8) after “1990” there is inserted “and Parts 2 and 6 of the

Planning and Compulsory Purchase Act 2003”.

          (3)      In section 232(9) for the definition of development plan there is

substituted—

35

                 ““development plan” must be construed in accordance with section

37 of the Planning and Compulsory Purchase Act 2003;

                 “local authority” has the same meaning as in the Town and Country

Planning Act 1990.”

          (4)      Section 259 (power to confirm, etc, compulsory purchase order in part) is

40

omitted.

          (5)      The amendment made by sub-paragraph (4) does not apply to a compulsory

purchase order 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

before the commencement of that sub-paragraph.

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Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments

    129

 

Acquisition of Land Act 1981 (c. 67)

  12       In section 29(5) of the Acquisition of Land Act 1981 for the words “any

reference to any owner, lessee or occupier” there are substituted the words

“the reference to a qualifying person for the purposes of section 12(2)”.

Housing Act 1985 (c. 68)

5

  13      (1)      In section 578A of the Housing Act 1985 (modification of compulsory

purchase order in case of acquisition of land for clearance), in subsection (2),

for “section 13” there is substituted “sections 13 to 13C”.

          (2)      The amendment made by sub-paragraph (1) does not apply to compulsory

purchase orders of which notice under section 11 of the Acquisition of Land

10

Act 1981 is published before commencement of this paragraph.

Education Reform Act 1988 (c. 40)

  14      (1)      The Education Reform Act 1988 is amended as follows.

          (2)      In section 190 (wrongful contracts or disposals), in subsection (6) for the

words from “references” to the end there is substituted “the reference in

15

section 12 of that Act to an owner of the land included reference to the

London Residuary Body”.

          (3)      In section 201 (wrongful disposals), in subsection (6), for the words from

“references” to the end there is substituted “the reference in section 12 of that

Act to an owner of the land included reference to the local education

20

authority concerned”.

          (4)      The amendments made by this paragraph do not apply to compulsory

purchase orders of which notice under section 11 of the Acquisition of Land

Act 1981 is published before commencement of this paragraph.

Housing Act 1988 (c. 50)

25

  15      (1)      Paragraph 2 of Schedule 10 to the Housing Act 1988 (modifications of

Acquisition of Land Act 1981) is omitted.

          (2)      The amendment made by sub-paragraph (1) does 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

30

before commencement of this paragraph.

Planning and Compensation Act 1991 (c. 34)

  16       In Schedule 4 to the Planning and Compensation Act 1991 Part 3 is omitted.

Local Government Act 1992 (c. 19)

  17       In section 14(5) of the Local Government Act 1992 (structural changes which

35

may be recommended by the Electoral Commission), paragraph (d) is

omitted.

 

 

 
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