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48 Fees and charges | |
(1) Section 303 (fees for planning applications, etc) of the principal Act is amended | |
as follows. | |
(2) The following subsections are substituted for subsections (1) and (2)— | |
“(1) The appropriate authority may by regulations make provision for the | 5 |
payment of a charge or fee to a local planning authority in respect of— | |
(a) the performance by the local planning authority of any function | |
they have; | |
(b) anything done by them which is calculated to facilitate or is | |
conducive or incidental to the performance of any such | 10 |
function. | |
(2) The regulations may prescribe— | |
(a) the person by whom the charge or fee is payable; | |
(b) the means by which the charge or fee is calculated; | |
(c) circumstances in which a charge or fee is to be transferred from | 15 |
one local planning authority to another. | |
(2A) The appropriate authority is— | |
(a) the Secretary of State in relation to England; | |
(b) the National Assembly for Wales in relation to Wales, | |
and in the case of regulations made by the National Assembly for Wales | 20 |
section 333(3) must be ignored.” | |
(3) In subsection (4) after the first “prescribed” there is inserted “charge or”. | |
(4) Subsection (6) is omitted. | |
49 Duty to respond to consultation | |
(1) This section applies to a prescribed requirement to consult any person or body | 25 |
(the consultee) which exercises functions for the purposes of any enactment. | |
(2) A prescribed requirement to consult is a requirement— | |
(a) with which the appropriate authority or a local planning authority | |
must comply before granting any permission, approval or consent | |
under or by virtue of the planning Acts; | 30 |
(b) which is prescribed for the purposes of this subsection. | |
(3) At any time before an application is made for any permission, approval or | |
consent mentioned in subsection (2) any person may in relation to a proposed | |
development consult the consultee on any matter in respect of which the | |
appropriate authority is or the local planning authority are required to consult | 35 |
the consultee. | |
(4) Before the end of the period prescribed for the purposes of this subsection the | |
consultee must give a substantive response to any consultation— | |
(a) mentioned in subsection (2); | |
(b) by virtue of subsection (3). | 40 |
(5) The appropriate authority may also prescribe— | |
(a) the procedure to be followed for the purposes of this section; | |
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(b) the information to be provided to the consultee for the purposes of the | |
consultation; | |
(c) the requirements of a substantive response. | |
(6) Anything prescribed for the purposes of subsections (1) to (5) must be | |
prescribed by development order. | 5 |
(7) A development order may— | |
(a) require consultees to give the appropriate authority a report as to their | |
compliance with subsection (4); | |
(b) prescribe the form and content of the report; | |
(c) prescribe the times at which the report is to be made. | 10 |
(8) The appropriate authority is— | |
(a) the Secretary of State in relation to England; | |
(b) the National Assembly for Wales in relation to Wales. | |
50 Time in which Secretary of State to take decisions | |
(1) Schedule 2 contains provisions about the time in which the Secretary of State | 15 |
must take certain decisions. | |
(2) But Schedule 2 does not apply in relation to any decision taken in the exercise | |
of a function in relation to Wales if the function is exercisable in relation to | |
Wales by the National Assembly for Wales by virtue of an order under section | |
22 of the Government of Wales Act 1998 (c. 38). | 20 |
Part 5 | |
Correction of errors | |
51 Correction of errors in decisions | |
(1) This section applies if the Secretary of State or an inspector issues a decision | |
document which contains a correctable error. | 25 |
(2) The Secretary of State or the inspector (as the case may be) may correct the | |
error— | |
(a) if he is requested to do so in writing by any person; | |
(b) if he sends a statement in writing to the applicant which explains the | |
error and states that he is considering making the correction. | 30 |
(3) But the Secretary of State or inspector must not correct the error unless— | |
(a) not later than the end of the relevant period he receives a request | |
mentioned in subsection (2)(a) or sends a statement mentioned in | |
subsection (2)(b), | |
(b) he informs the local planning authority of that fact, and | 35 |
(c) he obtains the appropriate consent. | |
(4) The relevant period— | |
(a) is the period within which an application or appeal may be made to the | |
High Court in respect of the decision recorded in the decision | |
document; | 40 |
(b) does not include any time by which such a period may be extended by | |
the High Court. | |
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(5) It is immaterial whether any such application or appeal is made. | |
(6) The appropriate consent is— | |
(a) the consent in writing of the applicant; | |
(b) if the applicant is not the owner of the land in respect of which the | |
decision was made, the consent in writing of both the applicant and the | 5 |
owner. | |
(7) But consent is not appropriate consent if it is given subject to a condition. | |
52 Correction notice | |
(1) If paragraph (a) or (b) of section 51(2) applies the Secretary of State or the | |
inspector must as soon as practicable after making any correction or deciding | 10 |
not to make any correction issue a notice in writing (a correction notice) | |
which— | |
(a) specifies the correction of the error, or | |
(b) gives notice of his decision not to correct such an error. | |
(2) The Secretary of State or the inspector (as the case may be) must give the | 15 |
correction notice to— | |
(a) the applicant; | |
(b) if the applicant is not the owner of the land in respect of which the | |
original decision was made, the owner; | |
(c) the local planning authority for the area in which the land in respect of | 20 |
which the decision was made is situated; | |
(d) if the correction was requested by any other person, that person. | |
(3) The Secretary of State may by order specify any other person or description of | |
persons to whom the correction notice must be given. | |
53 Effect of correction | 25 |
(1) If a correction is made in pursuance of section 51— | |
(a) the original decision is taken not to have been made; | |
(b) the decision is taken for all purposes to have been made on the date the | |
correction notice is issued. | |
(2) If a correction is not made— | 30 |
(a) the original decision continues to have full force and effect; | |
(b) nothing in this Part affects anything done in pursuance of or in respect | |
of the decision. | |
(3) Section 288 of the principal Act (proceedings for questioning the validity of | |
certain decisions) applies to the correction notice as if it were an action on the | 35 |
part of the Secretary of State to which that section applies, if the decision | |
document in respect of which the correction notice is given records a decision | |
mentioned in any of paragraphs (a) to (c) of section 54(4) below. | |
(4) Section 63 of the listed buildings Act (proceedings for questioning the validity | |
of certain decisions) applies to the correction notice as if it were a decision of | 40 |
the Secretary of State to which that section applies, if the decision document in | |
respect of which the correction notice is given records a decision mentioned in | |
any of paragraphs (d) to (f) of section 54(4) below. | |
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(5) Section 22 of the hazardous substances Act (proceedings for questioning the | |
validity of certain decisions) applies to the correction notice as if it were a | |
decision of the Secretary of State under section 20 or 21 of that Act, if the | |
decision document in respect of which the correction notice is given records a | |
decision mentioned in paragraph (g) of section 54(4) below. | 5 |
(6) If the decision document in respect of which the correction notice is given | |
records a decision mentioned in paragraph (h) of section 54(4) the Secretary of | |
State must by order make provision for questioning the validity of the notice | |
which corresponds to the provisions of the planning Acts mentioned in | |
subsections (3) to (5) above. | 10 |
(7) Except to the extent provided for by virtue of this section a correction notice | |
must not be questioned in any legal proceedings. | |
54 Supplementary | |
(1) This section applies for the purposes of this Part. | |
(2) An inspector is a person appointed under any of the planning Acts to | 15 |
determine appeals instead of the Secretary of State. | |
(3) In the case of a decision document issued by an inspector any other inspector | |
may act under this Part. | |
(4) A decision document is a document which records any of the following | |
decisions— | 20 |
(a) a decision of any description which constitutes action on the part of the | |
Secretary of State under section 284(3) of the principal Act (decisions | |
which are not to be questioned in legal proceedings); | |
(b) a decision in proceedings on an appeal under Part 7 of that Act | |
(enforcement notices); | 25 |
(c) a decision in proceedings on an appeal under section 208 of that Act | |
(appeals against enforcement notices relating to trees); | |
(d) a decision mentioned in section 62(2) of the listed buildings Act | |
(decisions which are not to be questioned in legal proceedings); | |
(e) a decision on an appeal under section 39 of that Act (appeals against | 30 |
listed building enforcement notices); | |
(f) a decision relating to conservation area consent within the meaning of | |
section 74(1) of that Act (consent required for demolition of certain | |
buildings); | |
(g) a decision under section 20 or 21 of the hazardous substances Act | 35 |
(certain applications referred to and appeals determined by the | |
Secretary of State); | |
(h) a decision under any of the planning Acts which is of a description | |
specified by the Secretary of State by order. | |
(5) A correctable error is an error— | 40 |
(a) which is contained in any part of the decision document which records | |
the decision, but | |
(b) which is not part of any reasons given for the decision. | |
(6) The applicant is— | |
(a) in the case of a decision made on an application under any of the | 45 |
planning Acts, the person who made the application; | |
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(b) in the case of a decision made on an appeal under any of those Acts, the | |
appellant. | |
(7) The owner in relation to land is a person who— | |
(a) is the estate owner in respect of the fee simple; | |
(b) is entitled to a tenancy granted or extended for a term of years simple | 5 |
of which not less than seven years remain unexpired; | |
(c) is entitled to an interest in any mineral prescribed by a development | |
order, in the case of such applications under the principal Act as are so | |
prescribed. | |
(8) Error includes omission. | 10 |
(9) For the purposes of the exercise of any function under this Part in relation to | |
Wales references to the Secretary of State must be construed as references to the | |
National Assembly for Wales. | |
Part 6 | |
Wales | 15 |
Spatial plan | |
55 Wales Spatial Plan | |
(1) There must be a spatial plan for Wales to be known as the “Wales Spatial Plan”. | |
(2) The Wales Spatial Plan must set out such of the policies (however expressed) | |
of the National Assembly for Wales as it thinks appropriate in relation to the | 20 |
development and use of land in Wales. | |
(3) The Assembly must— | |
(a) prepare and publish the Plan; | |
(b) keep under review the Plan; | |
(c) consider from time to time whether it should be revised. | 25 |
(4) If the Assembly revises the Plan, it must publish (as it considers appropriate)— | |
(a) the whole Plan as revised, or | |
(b) the revised parts. | |
(5) The Assembly must consult such persons or bodies as it considers appropriate | |
in preparing or revising the Plan. | 30 |
(6) The Plan and any revision of it must be approved by the Assembly. | |
(7) The Assembly must not delegate its function under subsection (6). | |
Survey | |
56 Survey | |
(1) The local planning authority must keep under review the matters which may | 35 |
be expected to affect the development of their area or the planning of its | |
development. | |
(2) These matters include— | |
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(a) the principal physical, economic, social and environmental | |
characteristics of the area of the authority; | |
(b) the principal purposes for which land is used in the area; | |
(c) the size, composition and distribution of the population of the area; | |
(d) the communications, transport system and traffic of the area; | 5 |
(e) any other considerations which may be expected to affect those | |
matters; | |
(f) such other matters as may be prescribed or as the Assembly in a | |
particular case may direct. | |
(3) These matters also include— | 10 |
(a) any changes which the authority think may occur in relation to any | |
other matter; | |
(b) the effect such changes are likely to have on the development of the | |
authority’s area or on the planning of such development. | |
(4) The local planning authority may also keep under review and examine the | 15 |
matters mentioned in subsections (2) and (3) in relation to any neighbouring | |
area to the extent that those matters may be expected to affect the area of the | |
authority. | |
(5) In exercising a function under subsection (4) a local planning authority must | |
consult the local planning authority for the neighbouring area in question. | 20 |
(6) If a neighbouring area is in England references to the local planning authority | |
for that area must be construed in accordance with Part 2. | |
Plans | |
57 Local development plan | |
(1) The local planning authority must prepare a plan for their area to be known as | 25 |
a local development plan. | |
(2) The plan must set out— | |
(a) the authority’s objectives in relation to the development and use of land | |
in their area; | |
(b) their general policies for the implementation of those objectives. | 30 |
(3) The plan may also set out specific policies in relation to any part of the area of | |
the authority. | |
(4) Regulations under this section may prescribe the form and content of the plan. | |
(5) In preparing a local development plan the authority must have regard to— | |
(a) current national policies; | 35 |
(b) the Wales Spatial Plan; | |
(c) the RSS for any region which adjoins the area of the authority; | |
(d) the community strategy prepared by the authority; | |
(e) the community strategy for any other authority whose area comprises | |
any part of the area of the local planning authority; | 40 |
(f) the resources likely to be available for implementing the plan; | |
(g) such other matters as the Assembly prescribes. | |
(6) The authority must also— | |
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(a) carry out an appraisal of the sustainability of the plan; | |
(b) prepare a report of the findings of the appraisal. | |
(7) The community strategy is the strategy prepared by an authority under section | |
4 of the Local Government Act 2000 (c. 22). | |
(8) A plan is a local development plan only in so far as it— | 5 |
(a) is adopted by resolution of the local planning authority as a local | |
development plan; | |
(b) is approved by the Assembly under section 60 or 66. | |
58 Preparation requirements | |
(1) A local development plan must be prepared in accordance with— | 10 |
(a) the local planning authority’s community involvement scheme; | |
(b) the timetable for the preparation and adoption of the authority’s local | |
development plan. | |
(2) The authority’s community involvement scheme is a statement of the | |
authority’s policy as to the involvement in the exercise of the authority’s | 15 |
functions under this Part of the persons to which subsection (3) applies. | |
(3) The persons mentioned in subsection (2)— | |
(a) must include such persons as the Assembly prescribes; | |
(b) may include such other persons as appear to the authority to have an | |
interest in matters relating to development in the area of the authority. | 20 |
(4) The authority and the Assembly must attempt to agree the terms of the | |
documents mentioned in paragraphs (a) and (b) of subsection (1). | |
(5) But to the extent that the Assembly and the authority cannot agree the terms | |
the Assembly may direct that the documents must be in the terms specified in | |
the direction. | 25 |
(6) The authority must comply with the direction. | |
(7) The Assembly may prescribe— | |
(a) the procedure in respect of the preparation of the documents | |
mentioned in paragraphs (a) and (b) of subsection (1); | |
(b) the form and content of the documents; | 30 |
(c) the time at which any step in the preparation of the documents must be | |
taken; | |
(d) publicity about the documents; | |
(e) making the documents available for inspection by the public; | |
(f) circumstances in which the requirements of the documents need not be | 35 |
complied with. | |
59 Independent examination | |
(1) The local planning authority must submit their local development plan to the | |
Assembly for independent examination. | |
(2) But the authority must not submit a plan unless— | 40 |
(a) they have complied with any relevant requirements contained in | |
regulations under this Part, and | |
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