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(10) The establishment period is the period of 12 months ending on the day | |
before the date of commencement of section 74(3) of the Planning and | |
Compulsory Purchase Act 2003. | |
(11) The transitional period is the period of six months starting on the date | |
of commencement of that section. | 5 |
(12) The established quantity in relation to any land is the maximum | |
quantity which was present on, over or under the land at any one time | |
within the establishment period.” | |
(4) Schedule 3 amends the planning Acts in relation to the application of those | |
Acts to the Crown. | 10 |
National security | |
75 Special provision relating to national security | |
(1) In section 321 of the principal Act (planning inquiries to be held in public | |
subject to certain exceptions) after subsection (4) there are inserted the | |
following subsections— | 15 |
“(5) If the Secretary of State is considering giving a direction under | |
subsection (3) the Attorney General may appoint a person to represent | |
the interests of any person who will be prevented from hearing or | |
inspecting any evidence at a local inquiry if the direction is given. | |
(6) A person appointed under subsection (5) must have a general | 20 |
qualification for the purposes of section 71 of the Courts and Legal | |
Services Act 1990 (c. 41). | |
(7) The Lord Chancellor may by rules make provision— | |
(a) as to the procedure to be followed by the Secretary of State | |
before he gives a direction under subsection (3) in a case where | 25 |
a person has been appointed under subsection (5); | |
(b) as to the functions of such a person. | |
(8) Rules made under subsection (7) must be contained in a statutory | |
instrument subject to annulment in pursuance of a resolution of either | |
House of Parliament.” | 30 |
(2) In Schedule 3 to the listed buildings Act (determination of certain appeals by | |
person appointed by the Secretary of State), in paragraph 6, after sub- | |
paragraph (7) there are inserted the following sub-paragraphs— | |
“(7A) If the Secretary of State is considering giving a direction under sub- | |
paragraph (6) the Attorney General may appoint a person to | 35 |
represent the interests of any person who will be prevented from | |
hearing or inspecting any evidence at a local inquiry if the direction | |
is given. | |
(7B) A person appointed under sub-paragraph (7A) must have a general | |
qualification for the purposes of section 71 of the Courts and Legal | 40 |
Services Act 1990. | |
(7C) The Lord Chancellor may by rules make provision— | |
(a) as to the procedure to be followed by the Secretary of State | |
before he gives a direction under sub-paragraph (6) in a case | |
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where a person has been appointed under sub-paragraph | |
(7A); | |
(b) as to the functions of such a person. | |
(7D) Rules made under sub-paragraph (7C) must be contained in a | |
statutory instrument subject to annulment in pursuance of a | 5 |
resolution of either House of Parliament.” | |
(3) In the Schedule to the hazardous substances Act, in paragraph 6, after sub- | |
paragraph (7) there are inserted the following sub-paragraphs— | |
“(7A) If the Secretary of State is considering giving a direction under sub- | |
paragraph (6) the Attorney General may appoint a person to | 10 |
represent the interests of any person who will be prevented from | |
hearing or inspecting any evidence at a local inquiry if the direction | |
is given. | |
(7B) A person appointed under sub-paragraph (7A) must have a general | |
qualification for the purposes of section 71 of the Courts and Legal | 15 |
Services Act 1990 (c. 41). | |
(7C) The Lord Chancellor may by rules make provision— | |
(a) as to the procedure to be followed by the Secretary of State | |
before he gives a direction under sub-paragraph (6) in a case | |
where a person has been appointed under sub-paragraph | 20 |
(7A); | |
(b) as to the functions of such a person. | |
(7D) Rules made under sub-paragraph (7C) must be contained in a | |
statutory instrument subject to annulment in pursuance of a | |
resolution of either House of Parliament.” | 25 |
76 Special provision relating to national security: Wales | |
(1) After section 321 of the principal Act (planning inquiries to be held in public | |
subject to certain exceptions) there is inserted the following section— | |
“321A Special provision in relation to planning inquiries: Wales | |
(1) This section applies if the matter in respect of which a local inquiry to | 30 |
which section 321 applies is to be held relates to Wales. | |
(2) The reference in section 321(5) to the Attorney General must be read as | |
a reference to the Counsel General to the National Assembly for Wales. | |
(3) The Assembly may by regulations make provision as mentioned in | |
section 321(7) in connection with a local inquiry to which this section | 35 |
applies. | |
(4) If the Assembly acts under subsection (3) rules made by the Lord | |
Chancellor under section 321(7) do not have effect in relation to the | |
inquiry. | |
(5) The Counsel General to the National Assembly for Wales is the person | 40 |
appointed by the Assembly to be its chief legal adviser (whether or not | |
he is known by that title). | |
(6) Section 333(3) does not apply to regulations made under subsection | |
(4).” | |
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(2) In Schedule 3 to the listed buildings Act (determination of certain appeals by | |
person appointed by the Secretary of State), after paragraph 7 there is inserted | |
the following paragraph— | |
“Local inquiries: Wales | |
8 (1) This paragraph applies in relation to a local inquiry held in | 5 |
pursuance of this Schedule if the matter in respect of which the | |
inquiry is to be held relates to Wales. | |
(2) The reference in paragraph 6(7A) to the Attorney General must be | |
read as a reference to the Counsel General to the National Assembly | |
for Wales. | 10 |
(3) The Assembly may by regulations make provision as mentioned in | |
paragraph 6(7C) in connection with a local inquiry to which this | |
section applies. | |
(4) If the Assembly acts under sub-paragraph (3) rules made by the Lord | |
Chancellor under paragraph 6(7C) do not have effect in relation to | 15 |
the inquiry. | |
(5) The Counsel General to the National Assembly for Wales is the | |
person appointed by the Assembly to be its chief legal adviser | |
(whether or not he is known by that title). | |
(6) Section 93(3) does not apply to regulations made under this | 20 |
paragraph.” | |
(3) In the Schedule to the hazardous substances Act, after paragraph 7 there is | |
inserted the following paragraph— | |
“Local inquiries: Wales | |
8 (1) This paragraph applies in relation to a local inquiry held in | 25 |
pursuance of this Schedule if the matter in respect of which the | |
inquiry is to be held relates to Wales. | |
(2) The reference in paragraph 6(7A) to the Attorney General must be | |
read as a reference to the Counsel General to the National Assembly | |
for Wales. | 30 |
(3) The Assembly may by regulations make provision as mentioned in | |
paragraph 6(7C) in connection with a local inquiry to which this | |
section applies. | |
(4) If the Assembly acts under sub-paragraph (3) rules made by the Lord | |
Chancellor under paragraph 6(7C) do not have effect in relation to | 35 |
the inquiry. | |
(5) The Counsel General to the National Assembly for Wales is the | |
person appointed by the Assembly to be its chief legal adviser | |
(whether or not he is known by that title). | |
(6) Section 40(3) does not apply to regulations made under this | 40 |
paragraph. | |
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Urgent development and works | |
77 Urgent Crown development | |
(1) Before section 294 of the principal Act (special enforcement notices in relation | |
to development on Crown land) there is inserted the following section— | |
“293A Urgent Crown development: application | 5 |
(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. | 10 |
(2) The appropriate authority may, instead of making an application for | |
planning permission to the local planning authority in accordance with | |
Part 3, make an application for planning permission to the Secretary of | |
State under this section. | |
(3) If the appropriate authority proposes to make the application to the | 15 |
Secretary of State 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 Secretary of State. | 20 |
(4) For the purposes of an application under this section the appropriate | |
authority must provide to the Secretary of State— | |
(a) any matter required to be provided by an applicant for planning | |
permission in pursuance of regulations made under section | |
71A; | 25 |
(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 (9) below apply. | |
(6) The Secretary of State may require the authority to provide him with | 30 |
such further information as he thinks necessary to enable him to | |
determine the application. | |
(7) As soon as practicable after he is provided with any document or other | |
matter in pursuance of subsection (4) or (6) the Secretary of State must | |
make a copy of the document or other matter available for inspection | 35 |
by the public in the locality of the proposed development. | |
(8) The Secretary of State 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 Secretary of State must consult— | 40 |
(a) the local planning authority for the area to which the proposed | |
development relates, and | |
(b) such other persons as may be prescribed, | |
about the application. | |
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(10) Subsections (4) to (7) of section 77 apply to an application under this | |
section as they apply to an application in respect of which a direction | |
under section 77 has effect.” | |
(2) In section 284 of the principal Act (validity of certain matters) in subsection (3) | |
at the end there is inserted the following paragraph— | 5 |
“(i) any decision on an application for planning permission under | |
section 293A.” | |
78 Urgent works relating to Crown land | |
(1) After section 82A of the listed buildings Act (inserted by section 74(2)) there is | |
inserted the following section— | 10 |
“82B Urgent works relating to Crown land: application | |
(1) This section applies to any works proposed to be executed in | |
connection with any building which is on Crown land if the | |
appropriate authority certifies— | |
(a) that the works are of national importance, and | 15 |
(b) that it is necessary that the works are carried out as a matter of | |
urgency. | |
(2) The appropriate authority may, instead of making an application for | |
consent to the local planning authority in accordance with this Act, | |
make an application for consent to the Secretary of State under this | 20 |
section. | |
(3) If the appropriate authority proposes to make the application to the | |
Secretary of State it must publish in one or more newspapers | |
circulating in the locality of the building a notice— | |
(a) describing the proposed works, and | 25 |
(b) stating that the authority proposes to make the application to | |
the Secretary of State. | |
(4) For the purposes of an application under this section the appropriate | |
authority must provide to the Secretary of State a statement of the | |
authority’s grounds for making the application. | 30 |
(5) If the appropriate authority makes an application under this section | |
subsections (6) to (9) below apply. | |
(6) The Secretary of State may require the authority to provide him with | |
such further information as he thinks necessary to enable him to | |
determine the application. | 35 |
(7) As soon as practicable after he is provided with any document or other | |
matter in pursuance of subsection (4) or (6) the Secretary of State 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 Secretary of State must in accordance with such requirements as | 40 |
may be prescribed publish notice of the application and of the fact that | |
such documents and other material are available for inspection. | |
(9) The Secretary of State must consult— | |
(a) the local planning authority for the area to which the proposed | |
development relates, and | 45 |
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(b) such other persons as may be prescribed, | |
about the application. | |
(10) Subsections (4) and (5) of section 12 apply to an application under this | |
section as they apply to an application in respect of which a direction | |
under section 12 has effect.” | 5 |
(2) In section 62 of the listed buildings Act (validity of certain matters) in | |
subsection (2) at the end there is inserted the following paragraph— | |
“(d) any decision on an application for listed building consent under | |
section 82B.”. | |
Enforcement | 10 |
79 Enforcement in relation to Crown land | |
‘(1) Section 296 of the principal Act (exercise of powers in relation to Crown land) | |
is omitted. | |
(2) After section 296 there are inserted the following sections— | |
“296A Enforcement in relation to the Crown | 15 |
(1) No act or omission done or suffered by or on behalf of the Crown | |
constitutes an offence under this Act. | |
(2) A local 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. | 20 |
(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. | 25 |
(5) A step taken for the purposes of enforcement includes— | |
(a) entering land; | |
(b) bringing proceedings; | |
(c) the making of an application. | |
(6) A step taken for the purposes of enforcement does not include— | 30 |
(a) service of a notice; | |
(b) the making of an order (other than by a court). | |
296B References to an interest in land | |
(1) Subsection (2) applies to the extent that an interest in land is a Crown | |
interest or a Duchy interest. | 35 |
(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.” | |
(3) After section 82C of the listed buildings Act (inserted by Schedule 3) there are | 40 |
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inserted the following sections— | |
“82D 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 local planning authority must not take any step for the purposes of | 5 |
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 | 10 |
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) bringing proceedings; | 15 |
(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 by a court). | |
82E References to an interest in land | 20 |
(1) Subsection (2) applies to the extent that an interest in land is a Crown | |
interest or a Duchy 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. | 25 |
(3) An interest in land includes an interest only as occupier of the land.” | |
(4) After section 30B of the hazardous substances Act (inserted by section 74(3)) | |
there are inserted the following sections— | |
“30C Enforcement in relation to the Crown | |
(1) No act or omission done or suffered by or on behalf of the Crown | 30 |
constitutes an offence under this Act. | |
(2) A local 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) | 35 |
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— | 40 |
(a) entering land; | |
(b) bringing proceedings; | |
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