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(10) This section does not apply to an application which relates to the | |
development of land in Wales. | |
76B Major infrastructure projects: inspectors | |
(1) This section applies if the Secretary of State appoints an inspector under | |
section 76A(4)(b) (the lead inspector). | 5 |
(2) The Secretary of State may direct the lead inspector— | |
(a) to consider such matters relating to the application as are | |
prescribed; | |
(b) to make recommendations to the Secretary of State on those | |
matters. | 10 |
(3) After considering any recommendations of the lead inspector the | |
Secretary of State may— | |
(a) appoint such number of additional inspectors as he thinks | |
appropriate; | |
(b) direct that each of the additional inspectors must consider such | 15 |
matters relating to the application as the lead inspector decides. | |
(4) An additional inspector must— | |
(a) comply with such directions as to procedural matters as the | |
lead inspector gives; | |
(b) report to the lead inspector on the matter he is appointed to | 20 |
consider. | |
(5) A copy of directions given as mentioned in subsection (4)(a) must be | |
given to— | |
(a) the person who made the application; | |
(b) the local planning authority; | 25 |
(c) any other person who requests it. | |
(6) If the Secretary of State does not act under subsection (3) he must direct | |
the lead inspector to consider the application on his own. | |
(7) In every case the lead inspector must report to the Secretary of State | |
on— | 30 |
(a) his consideration of the application; | |
(b) the consideration of the additional inspectors (if any) of the | |
matters mentioned in subsection (3)(b). | |
(8) The function of the lead inspector in pursuance of subsection (2)— | |
(a) may be exercised from time to time; | 35 |
(b) includes making recommendations as to the number of | |
additional inspectors required from time to time. | |
(9) The power of the Secretary of State under subsection (3) to appoint an | |
additional inspector includes power to revoke such an appointment.” | |
Simplified planning zones | 40 |
45 Simplified planning zones | |
(1) In section 83 of the principal Act (making simplified planning zone schemes) | |
subsection (1) is omitted. | |
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(2) Before section 83(2) of that Act there are inserted the following subsections— | |
“(1A) This section applies if— | |
(a) the regional spatial strategy for the region in which the area of | |
a local planning authority in England is situated identifies the | |
need for a simplified planning zone in that area (or any part of | 5 |
it); | |
(b) the criteria prescribed by the National Assembly for Wales for | |
the need for a simplified planning zone are satisfied in relation | |
to the area (or any part of the area) of a local planning authority | |
in Wales. | 10 |
(1B) The local planning authority must consider the question for which part | |
or parts of their area a simplified planning zone scheme is desirable. | |
(1C) The local planning authority must keep under review the question | |
mentioned in subsection (1B).” | |
(3) For section 83(2) of that Act there are substituted the following subsections— | 15 |
“(2) A local planning authority must make a simplified planning zone | |
scheme for all or any part of their area— | |
(a) if as a result of the consideration mentioned in subsection (1B) | |
or the review mentioned in subsection (1C) they decide that it is | |
desirable to do so; | 20 |
(b) if they are directed to do so by the Secretary of State or the | |
National Assembly for Wales (as the case may be). | |
(2A) A local planning authority may at any time— | |
(a) alter a scheme adopted by them; | |
(b) with the consent of the Secretary of State alter a scheme made or | 25 |
altered by him under paragraph 12 of Schedule 7 or approved | |
by him under paragraph 11 of that Schedule; | |
(c) with the consent of the National Assembly for Wales alter a | |
scheme made or altered by it under paragraph 12 of Schedule 7 | |
or approved by it under paragraph 11 of that Schedule. | 30 |
(2B) A simplified planning zone scheme for an area in England must be in | |
conformity with the regional spatial strategy.” | |
(4) In section 83 of that Act after subsection (3) there is inserted the following | |
subsection— | |
“(4) In this section and in Schedule 7— | 35 |
(a) a reference to the regional spatial strategy must be construed in | |
relation to any area in Greater London as a reference to the | |
spatial development strategy; | |
(b) a reference to a region must be construed in relation to such an | |
area as a reference to Greater London.” | 40 |
(5) In section 85(1) of that Act (duration of simplified planning zone scheme) for | |
the words from “period” to the end there is substituted “specified period”. | |
(6) After section 85(1) of that Act there is inserted the following subsection— | |
“(1A) The specified period is the period not exceeding 10 years— | |
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(a) beginning with the date when the scheme is adopted or | |
approved, and | |
(b) which is specified in the scheme.” | |
(7) In Schedule 7 of that Act in paragraph 2 (notification of proposal to make | |
scheme) for “decide under section 83(2) to make or” there is substituted “are | 5 |
required under section 83(2) to make or decide under section 83(2A) to”. | |
(8) In Schedule 7 of that Act paragraphs 3 and 4 are omitted. | |
(9) In Schedule 7 of that Act in paragraph 12 (default powers of Secretary of State) | |
for sub-paragraph (1) there are substituted the following sub-paragraphs— | |
“(1) This paragraph applies if each of the following conditions is | 10 |
satisfied. | |
(1A) The first condition is that— | |
(a) the regional spatial strategy for the region in which the area | |
of a local planning authority is situated identifies the need for | |
a simplified planning zone in any part of their area, or | 15 |
(b) the criteria prescribed by the National Assembly for Wales | |
for the need for a simplified planning zone are satisifed in | |
relation to the area of a local planning authority in Wales. | |
(1B) The second condition is that the Secretary of State or the National | |
Assembly for Wales (as the case may be) is satisfied after holding a | 20 |
local inquiry or other hearing that the authority are not taking within | |
a reasonable period the steps required by this Schedule for the | |
adoption of proposals for the making or alteration of a scheme. | |
(1C) The Secretary of State or the National Assembly for Wales (as the | |
case may be) may make or alter the scheme.” | 25 |
Miscellaneous | |
46 Appeal made: functions of local planning authority | |
(1) In the principal Act after section 78 (right to appeal) there is inserted the | |
following section— | |
“78A Appeal made: functions of local planning authorities | 30 |
(1) This section applies if a person who has made an application | |
mentioned in section 78(1)(a) appeals to the Secretary of State under | |
section 78(2). | |
(2) At any time before the end of the additional period the local planning | |
authority may give the notice referred to in section 78(2). | 35 |
(3) If the local planning authority give notice as mentioned in subsection | |
(2) that their decision is to refuse the application— | |
(a) the appeal must be treated as an appeal under section 78(1) | |
against the refusal; | |
(b) the Secretary of State must give the person making the appeal | 40 |
an opportunity to revise the grounds of the appeal; | |
(c) the Secretary of State must give such a person an opportunity to | |
change any option the person has chosen relating to the | |
procedure for the appeal. | |
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(4) If the local planning authority give notice as mentioned in subsection | |
(2) that their decision is to grant the application subject to conditions | |
the Secretary of State must give the person making the appeal the | |
opportunity — | |
(a) to proceed with the appeal as an appeal under section 78(1) | 5 |
against the grant of the application subject to conditions; | |
(b) to revise the grounds of the appeal; | |
(c) to change any option the person has chosen relating to the | |
procedure for the appeal. | |
(5) The Secretary of State must not issue his decision on the appeal before | 10 |
the end of the additional period. | |
(6) The additional period is the period prescribed by development order | |
for the purposes of this section and which starts on the day on which | |
the person appeals under section 78(2).” | |
(2) In the listed buildings Act after section 20 (right to appeal) there is inserted the | 15 |
following section— | |
“20A Appeal made: functions of local planning authorities | |
(1) This section applies if a person who has made an application | |
mentioned in section 20(1)(a) appeals to the Secretary of State under | |
section 20(2). | 20 |
(2) At any time before the end of the additional period the local planning | |
authority may give the notice referred to in section 20(2). | |
(3) If the local planning authority give notice as mentioned in subsection | |
(2) that their decision is to refuse the application— | |
(a) the appeal must be treated as an appeal under section 20(1) | 25 |
against the refusal; | |
(b) the Secretary of State must give the person making the appeal | |
an opportunity to revise the grounds of the appeal; | |
(c) the Secretary of State must give such a person an opportunity to | |
change any option the person has chosen relating to the | 30 |
procedure for the appeal. | |
(4) If the local planning authority give notice as mentioned in subsection | |
(2) that their decision is to grant the application subject to conditions | |
the Secretary of State must give the person making the appeal the | |
opportunity— | 35 |
(a) to proceed with the appeal as an appeal under section 20(1) | |
against the grant of the application subject to conditions; | |
(b) to revise the grounds of the appeal; | |
(c) to change any option the person has chosen relating to the | |
procedure for the appeal. | 40 |
(5) The Secretary of State must not issue his decision on the appeal before | |
the end of the additional period. | |
(6) The additional period is the period prescribed for the purposes of this | |
section and which starts on the day on which the person appeals under | |
section 20(2).” | 45 |
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(3) This section has effect only in relation to relevant applications which are | |
received by the local planning authority after the commencement of this | |
section. | |
(4) The following are relevant applications— | |
(a) an application mentioned in section 78(1)(a) of the principal Act; | 5 |
(b) an application mentioned in section 20(1)(a) of the listed buildings Act; | |
(c) an application mentioned in section 20(1)(a) of the listed buildings Act | |
as given effect by section 74(3) of that Act (application of certain | |
provisions to the control of demolition in conservation areas). | |
47 Duration of permission and consent | 10 |
(1) Section 91 of the principal Act (limit on duration of planning permission) is | |
amended as follows— | |
(a) in subsections (1)(a) and (3) for the words “five years” there is | |
substituted “three years”; | |
(b) after subsection (3) there are inserted the following subsections— | 15 |
“(3A) If a decision to grant planning permission or the deemed grant | |
of planning permission is challenged by way of judicial review | |
or under section 288 the period of three years or other period | |
mentioned in subsection (1)(b) begins on the day the | |
proceedings for judicial review or under section 288 (as the case | 20 |
may be) are concluded. | |
(3B) Proceedings by way of judicial review are concluded— | |
(a) when permission to apply for judicial review has been | |
refused and no further application may be made; | |
(b) when the court has given judgment in the matter and the | 25 |
time for making an appeal expires without an appeal | |
having been made or permission to appeal is refused; | |
(c) when any appeal is finally determined. | |
(3C) Proceedings under section 288 are concluded— | |
(a) when the court has given judgment in the matter and the | 30 |
time for making an appeal expires without an appeal | |
having been made or permission to appeal is refused; | |
(b) when any appeal is finally determined. | |
(3D) For the purposes of subsections (3B) and (3C) any power of the | |
court to grant permission for an appeal out of time must be | 35 |
ignored. | |
(3E) Nothing in this section prevents the development being begun | |
from the time the permission is granted or deemed to be | |
granted.” | |
(2) In section 92 of that Act (outline planning permission)— | 40 |
(a) in subsection (2)(b) sub-paragraph (i) is omitted; | |
(b) in subsection (2)(b) in sub-paragraph (ii) the words “if later” are | |
omitted; | |
(c) in subsection (4) “five years” is omitted. | |
(3) In section 73 of that Act (applications to develop land without compliance with | 45 |
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existing conditions) after subsection (4) there is inserted the following | |
subsection— | |
“(5) Planning permission must not be granted under this section to the | |
extent that it has effect to change a condition subject to which a | |
previous planning permission was granted by extending the time | 5 |
within which— | |
(a) a development must be started; | |
(b) an application for approval of reserved matters (within the | |
meaning of section 92) must be made.” | |
(4) Section 18 of the listed buildings Act (limit of duration of listed buildings | 10 |
consent) is amended as follows— | |
(a) in subsections (1)(a) and (2) for the words “five years” there is | |
substituted “three years”; | |
(b) after subsection (2) there are inserted the following subsections— | |
“(2A) If a decision to grant listed building consent is challenged by | 15 |
way of judicial review or under section 63 the period of three | |
years or other period mentioned in subsection (1)(b) begins on | |
the day the proceedings for judicial review or under section 63 | |
(as the case may be) are concluded. | |
(2B) Proceedings by way of judicial review are concluded— | 20 |
(a) when permission to apply for judicial review has been | |
refused and no further application may be made; | |
(b) when the court has given judgment in the matter and the | |
time for making an appeal expires without an appeal | |
having been made or permission to appeal is refused; | 25 |
(c) when any appeal is finally determined. | |
(2C) Proceedings under section 63 are concluded— | |
(a) when the court has given judgment in the matter and the | |
time for making an appeal expires without an appeal | |
having been made or permission to appeal is refused; | 30 |
(b) when any appeal is finally determined. | |
(2D) For the purposes of subsections (2B) and (2C) any power of the | |
court to grant permission for an appeal out of time must be | |
ignored. | |
(2E) Nothing in this section prevents the works being begun from | 35 |
the time the consent is granted.” | |
(5) In section 19 of that Act (variation or discharge of conditions) after subsection | |
(4) there is inserted the following subsection— | |
“(5) But a variation or discharge of conditions under this section must not— | |
(a) vary a condition subject to which a consent was granted by | 40 |
extending the time within which the works must be started; | |
(b) discharge such a condition.” | |
(6) This section has effect only in relation to applications made under the principal | |
Act or the listed buildings Act which are received by the local planning | |
authority after the commencement of the section. | 45 |
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