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Schedules | |
Schedule 1 | |
Section 39 | |
Local development orders: procedure | |
In the principal Act after Schedule 4 (special provision as to land use in 1948) | |
there is inserted the following Schedule— | 5 |
“Schedule 4A | |
Local development orders: procedure | |
Preparation | |
1 (1) A local development order must be prepared in accordance with | |
such procedure as is prescribed by a development order. | 10 |
(2) A development order may include provision as to— | |
(a) the preparation, submission, approval, adoption, revision | |
and withdrawal of a local development order; | |
(b) notice, publicity, and inspection by the public; | |
(c) consultation with and consideration of views of such | 15 |
persons and for such purposes as are prescribed; | |
(d) the making and consideration of representations. | |
(3) Regulations under this paragraph may include provision as to the | |
matters relating to a local development order to be included in the | |
report to be made by a local planning authority under section 34 | 20 |
or 71 of the Planning and Compulsory Purchase Act 2003. | |
Revision | |
2 (1) The local planning authority may at any time prepare a revision of | |
a local development order. | |
(2) An authority in England must prepare a revision of a local | 25 |
development order— | |
(a) if the Secretary of State directs them to do so, and | |
(b) in accordance with such timetable as he directs. | |
(3) An authority in Wales must prepare a revision of a local | |
development order— | 30 |
(a) if the National Assembly for Wales directs them to do so, | |
and | |
(b) in accordance with such timetable as it directs. | |
(4) If a development plan document mentioned in section 61A(1) is | |
revised under section 25 of the Planning and Compulsory | 35 |
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Purchase Act 2003 (revision of local planning documents) or | |
revoked under section 24 of that Act (revocation by Secretary of | |
State) a local development order made to implement the policies | |
in the document must be revised accordingly. | |
(5) If a local development plan mentioned in section 61A(1) is revised | 5 |
under section 65 of the Planning and Compulsory Purchase Act | |
2003 (revision of local development plan) or revoked under | |
section 63 of that Act (revocation by National Assembly for Wales) | |
a local development order made to implement the policies in the | |
plan must be revised accordingly. | 10 |
(6) This Schedule applies to the revision of a local development order | |
as it applies to the preparation of the order. | |
Order to be adopted | |
3 A local development order is of no effect unless it is adopted by | |
resolution of the local planning authority. | 15 |
Annual report | |
4 (1) The report made under section 34 of the Planning and | |
Compulsory Purchase Act 2003 must include a report as to the | |
extent to which the local development order is achieving its | |
purposes. | 20 |
(2) The Secretary of State may prescribe the form and content of the | |
report as it relates to the local development order.” | |
5 (1) The report made under section 71 of the Planning and | |
Compulsory Purchase Act 2003 must include a report as to the | |
extent to which the local development order is achieving its | 25 |
purposes. | |
(2) The National Assembly for Wales may prescribe the form and | |
content of the report as it relates to the local development order.” | |
Schedule 2 | |
Section 50 | |
Timetable for decisions | 30 |
Decisions | |
1 This Schedule applies to any decision which must be taken by the Secretary | |
of State under— | |
(a) section 77 of the principal Act (reference of applications to Secretary | |
of State); | 35 |
(b) section 78 of the principal Act (right to appeal against planning | |
decisions). | |
2 (1) This Schedule also applies to a decision not mentioned in paragraph 1 if each | |
of the following two conditions applies. | |
(2) The first condition is that the Secretary of State thinks the decision is | 40 |
connected with a decision mentioned in paragraph 1. | |
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(3) The second condition is that— | |
(a) the Secretary of State is required by virtue of any enactment to take | |
the decision, or | |
(b) (in any case to which paragraph (a) does not apply) the Secretary of | |
State by virtue of a power under any enactment directs that the | 5 |
decision must be referred to him. | |
3 But the Secretary of State may by order specify decisions or descriptions of | |
decisions to which a timetable is not to apply. | |
Timetable | |
4 (1) The Secretary of State must make one or more timetables for the purposes of | 10 |
decisions to which this Schedule applies. | |
(2) A timetable may make different provision for different decisions or different | |
descriptions of decision. | |
(3) A timetable— | |
(a) has effect from such time as the Secretary of State determines; | 15 |
(b) must set out the time within which the decision must be taken; | |
(c) may set out the time within which any other step to be taken for the | |
purposes of the decision must be taken. | |
(4) A timetable made under this paragraph must be published in such form and | |
manner as the Secretary of State thinks appropriate. | 20 |
Notice | |
5 (1) The Secretary of State must notify the following persons as soon as | |
practicable of the published timetable which applies to a decision— | |
(a) the applicant or appellant (as the case may be) in relation to the | |
decision; | 25 |
(b) the local planning authority for the area to which the decision relates; | |
(c) any other person who requests such notification. | |
(2) But the Secretary of State may direct that the timetable is subject to such | |
variation as he specifies in the notice under sub-paragraph (1). | |
(3) If the Secretary of State acts under sub-paragraph (2) the notice under sub- | 30 |
paragraph (1) must also specify the reasons for the variation. | |
(4) The timetable notified under this paragraph is the applicable timetable. | |
Variation | |
6 (1) This paragraph applies if before the time at which any step must be taken in | |
accordance with the applicable timetable the Secretary of State thinks that | 35 |
there are circumstances which are likely to prevent the taking of the step at | |
that time. | |
(2) The Secretary of State may vary the applicable timetable accordingly. | |
(3) If the Secretary of State varies the applicable timetable under sub-paragraph | |
(2) he must notify the persons mentioned in paragraph 5(1) of the variation | 40 |
and the reason for it. | |
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Written reasons | |
7 If the Secretary of State fails to take any step in accordance with the | |
applicable timetable (or that timetable as varied under paragraph 6) he must | |
give written reasons to the persons mentioned in paragraph 5(1). | |
Annual report | 5 |
8 (1) The Secretary of State must lay before Parliament a report in respect of each | |
year which— | |
(a) reviews his performance under the provisions of this Schedule; | |
(b) explains any failure to comply with a timetable. | |
(2) The report must be published in such form and manner as the Secretary of | 10 |
State thinks appropriate. | |
Schedule 3 | |
Section 74 | |
Crown application | |
Purchase notices | |
1 After section 137 of the principal Act (circumstances in which a purchase | 15 |
notice may be served) there is inserted the following section— | |
“137A Purchase notices: Crown land | |
(1) A purchase notice may be served in respect of Crown land only as | |
mentioned in this section. | |
(2) The owner of a private interest in Crown land must not serve a | 20 |
purchase notice unless— | |
(a) he first offers to dispose of his interest to the appropriate | |
authority on equivalent terms, and | |
(b) the offer is refused by the appropriate authority. | |
(3) The appropriate authority may serve a purchase notice in relation to | 25 |
the following land— | |
(a) land belonging to Her Majesty in right of Her private estates; | |
(b) land belonging to Her Majesty in right of the Duchy of | |
Lancaster; | |
(c) land belonging to the Duchy of Cornwall; | 30 |
(d) land which forms part of the Crown Estate. | |
(4) An offer is made on equivalent terms if the price payable for the | |
interest is equal to (and, in default of agreement, determined in the | |
same manner as) the compensation which would be payable in | |
respect of it if it were acquired in pursuance of a purchase notice. | 35 |
(5) Expressions used in this section and in Part 13 must be construed in | |
accordance with that Part.” | |
2 After section 32 of the listed buildings Act (circumstances in which a | |
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purchase notice may be served) there is inserted the following section— | |
“32A Purchase notices: Crown land | |
(1) A listed building purchase notice may be served in respect of Crown | |
land only as mentioned in this section. | |
(2) The owner of a private interest in Crown land must not serve a listed | 5 |
building purchase notice unless— | |
(a) he first offers to dispose of his interest to the appropriate | |
authority on equivalent terms, and | |
(b) the offer is refused by the appropriate authority. | |
(3) The appropriate authority may serve a listed building purchase | 10 |
notice in relation to the following land— | |
(a) land belonging to Her Majesty in right of Her private estates; | |
(b) land belonging to Her Majesty in right of the Duchy of | |
Lancaster; | |
(c) land belonging to the Duchy of Cornwall; | 15 |
(d) land which forms part of the Crown Estate. | |
(4) An offer is made on equivalent terms if the price payable for the | |
interest is equal to (and, in default of agreement, determined in the | |
same manner as) the compensation which would be payable in | |
respect of it if it were acquired in pursuance of a listed building | 20 |
purchase notice.” | |
Compulsory acquisition | |
3 (1) Section 226 of the principal Act (compulsory acquisition of land for | |
development and other planning purposes) is amended as follows. | |
(2) After subsection (2) there is inserted the following subsection— | 25 |
“(2A) The Secretary of State must not authorise the acquisition of any | |
interest in Crown land unless— | |
(a) it is an interest which is for the time being held otherwise | |
than by or on behalf of the Crown, and | |
(b) the appropriate authority consents to the acquisition.” | 30 |
(3) After subsection (8) there is inserted the following subsection— | |
“(9) Crown land must be construed in accordance with Part 13.” | |
4 (1) Section 228 of the principal Act (compulsory acquisition of land by the | |
Secretary of State) is amended as follows. | |
(2) After subsection (1) there is inserted the following subsection— | 35 |
“(1A) But subsection (1) does not permit the acquisition of any interest in | |
Crown land unless— | |
(a) it is an interest which is for the time being held otherwise | |
than by or on behalf of the Crown, and | |
(b) the appropriate authority consents to the acquisition.” | 40 |
(3) After subsection (7) there is inserted the following subsection— | |
“(8) Crown land must be construed in accordance with Part 13.” | |
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5 (1) Section 47 of the listed buildings Act (compulsory acquisition of listed | |
building in need of repair) is amended as follows. | |
(2) After subsection (6) there is inserted the following subsection— | |
“(6A) This section does not permit the acquisition of any interest in Crown | |
land unless— | 5 |
(a) it is an interest which is for the time being held otherwise | |
than by or on behalf of the Crown, and | |
(b) the appropriate authority (within the meaning of section 82C) | |
consents to the acquisition.” | |
Definitions | 10 |
6 (1) Section 293 of the principal Act (preliminary definitions) is amended as | |
follows. | |
(2) In subsection (1) for the definition of “Crown interest” there is substituted | |
the following definition— | |
| 15 |
““Crown interest” means any of the following— | |
(a) an interest belonging to Her Majesty in right of the Crown | |
or in right of Her private estates; | |
(b) an interest belonging to a government department or held | |
in trust for Her Majesty for the purposes of a government | 20 |
department; | |
(c) such other interest as the Secretary of State specifies by | |
order;” | |
(3) In subsection (2) after paragraph (b) there is inserted the following | |
paragraph— | 25 |
“(ba) in relation to land belonging to Her Majesty in right of Her | |
private estates means a person appointed by Her Majesty in | |
writing under the Royal Sign Manual or, if no such | |
appointment is made, the Secretary of State;” | |
(4) In subsection (2) after paragraph (e) there are inserted the following | 30 |
paragraphs— | |
“(f) in relation to Westminster Hall and the Chapel of St Mary | |
Undercroft, means the Lord Great Chamberlain and the | |
Speakers of the House of Lords and the House of Commons | |
acting jointly; | 35 |
(g) in relation to Her Majesty’s Robing Room in the Palace of | |
Westminster, the adjoining staircase and ante-room and the | |
Royal Gallery, means the Lord Great Chamberlain.” | |
(5) After subsection (2) there is inserted the following subsection— | |
“(2A) For the purposes of an application for planning permission made by | 40 |
or on behalf of the Crown in respect of land which does not belong | |
to the Crown or in respect of which it has no interest a reference to | |
the appropriate authority must be construed as a reference to the | |
person who makes the application. | |
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(6) After subsection (3) there are inserted the following subsections— | |
“(3A) References to Her Majesty’s private estates must be construed in | |
accordance with section 1 of the Crown Private Estates Act 1862. | |
(3B) In subsection (2A) the Crown includes— | |
(a) the Duchy of Lancaster; | 5 |
(b) the Duchy of Cornwall; | |
(c) a person who is an appropriate authority by virtue of | |
subsection (2)(f) and (g).” | |
(7) After subsection (4) there are inserted the following subsections— | |
“(5) An order made for the purposes of paragraph (c) of the definition of | 10 |
Crown interest in subsection (1) must be made by statutory | |
instrument. | |
(6) But no such order may be made unless a draft of it has been laid | |
before and approved by resolution of each House of Parliament.” | |
7 In the listed buildings Act after section 82B (inserted by section 78(1) there is | 15 |
inserted the following section— | |
“82C Expressions relating to the Crown | |
(1) In this Act, expressions relating to the Crown must be construed in | |
accordance with this section. | |
(2) Crown land is land in which there a Crown interest or a Duchy | 20 |
interest. | |
(3) A Crown interest is any of the following— | |
(a) an interest belonging to Her Majesty in right of the Crown or | |
in right of Her private estates; | |
(b) an interest belonging to a government department or held in | 25 |
trust for Her Majesty for the purposes of a government | |
department; | |
(c) such other interest as the Secretary of State specifies by order. | |
(4) A Duchy interest is— | |
(a) an interest belonging to Her Majesty in right of the Duchy of | 30 |
Lancaster, or | |
(b) an interest belonging to the Duchy of Cornwall. | |
(5) A private interest is an interest which is neither a Crown interest nor | |
a Duchy interest. | |
(6) The appropriate authority in relation to any land is— | 35 |
(a) in the case of land belonging to Her Majesty in right of the | |
Crown and forming part of the Crown Estate, the Crown | |
Estate Commissioners; | |
(b) in relation to any other land belonging to Her Majesty in right | |
of the Crown, the government department having the | 40 |
management of the land; | |
(c) in relation to land belonging to Her Majesty in right of Her | |
private estates, a person appointed by Her Majesty in writing | |
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