Planning and Compulsory Purchase Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts
120

out of it) or the request (as the case may be) has been finally
disposed of.
(6)
Provision made under subsection (5)(b) does not prevent the
inclusion of a different entry relating to the application or request in
another part of the register.
5
(7)
The register must be kept in such manner as is prescribed.
(8)
The register must be kept available for inspection by the public at all
reasonable hours.
(9)
Anything prescribed under this section must be prescribed by
development order.”
10
3
In section 71 (consultations relating to determination of planning
applications)—
(a)
subsection (3) is omitted;
(b)
in subsection (4) the definition of “site licence” is omitted.
4
Section 92 (outline planning permission) is omitted.
15
5
In section 108 (compensation for refusal of planning permission formerly
granted by development order) after subsection (3) there is inserted the
following subsection—
“(3A)
This section does not apply if—
(a)
development authorised by planning permission granted by
20
a development order or local development order is started
before the permission is withdrawn, and
(b)
the order includes provision in pursuance of section 61D
permitting the development to be completed after the
permission is withdrawn.”
25
6     (1)
In section 245 (modification of incorporated enactments), subsections (2)
and (3) are omitted.
      (2)
The amendments made by sub-paragraph (1) do 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.
7
In section 284(1) (restriction on challenge to validity of certain documents),
paragraph (a) is omitted.
8     (1)
Section 287 (procedure for questioning the validity of certain matters) is
amended as follows.
35
      (2)
For subsections (1) to (3) there are substituted the following subsections—
“(1)
This section applies to—
(a)
a simplified planning zone scheme or an alteration of such a
scheme;
(b)
an order under section 247, 248, 249, 251, 257, 258 or 277,
40

and anything falling within paragraphs (a) and (b) is referred to in
this section as a relevant document.
(2)
A person aggrieved by a relevant document may make an
application to the High Court on the ground that—

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts
121

(a)
it is not within the appropriate power, or
(b)
a procedural requirement has not been complied with.
(3)
The High Court may make an interim order suspending the
operation of the relevant document—
(a)
wholly or in part;
5
(b)
generally or as it affects the property of the applicant.
(3A)
Subsection (3B) applies if the High Court is satisfied—
(a)
that a relevant document is to any extent outside the
appropriate power;
(b)
that the interests of the applicant have been substantially
10
prejudiced by a failure to comply with a procedural
requirement.
(3B)
The High Court may quash the relevant document—
(a)
wholly or in part;
(b)
generally or as it affects the property of the applicant.
15
(3C)
An interim order has effect until the proceedings are finally
determined.
(3D
The appropriate power is—
(a)
in the case of a simplified planning zone scheme or an
alteration of the scheme, Part III;
20
(b)
in the case of an order under section 247, 248, 249, 251, 257,
258 or 277, the section under which the order is made.”
      (3)
In subsection (5)—
(a)
paragraph (a) is omitted;
(b)
in each of paragraphs (b) to (e) the words “by virtue of subsection
25
(3)” are omitted.
      (4)
Subsection (6) is omitted.
9     (1)
Section 296 (exercise of powers in relation to Crown land) is amended as
follows.
      (2)
In subsection (1) for paragraph (a) there is substituted the following
30
paragraph—
“(a)
a document, plan or strategy specified in subsection (1A)
may include proposals relating to the use of Crown land;”.
      (3)
After subsection (1) there is inserted the following subsection—
“(1A)
These are the documents, plans and strategies—
35
(a)
the regional spatial strategy (or a revision of it) within the
meaning of Part 1 of the Planning and Compulsory Purchase
Act 2003;
(b)
a local development document (or a revision of it) adopted or
approved under Part 2 of that Act;
40
(c)
a local development plan (or a revision of it) adopted or
approved under Part 6 of that Act;
(d)
the Mayor of London’s spatial development strategy (or any
alteration or replacement of it) published in pursuance of
section 337 of the Greater London Authority Act 1999.”
45

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts
122

10    (1)
Section 303A (recovery of costs of certain inquiries) is amended as follows.
      (2)
For subsection (1) there are substituted the following subsections—
“(1)
This section applies if the appropriate authority appoints a person to
carry out or hold a qualifying procedure.
(1A)
A qualifying procedure is—
5
(a)
an independent examination under section 19 or 59 of the
Planning and Compulsory Purchase Act 2003;
(b)
a local inquiry or other hearing under paragraph 8(1)(a) of
Schedule 7;
(c)
the consideration of objections under paragraph 8(1)(b) of
10
that Schedule.
(1B)
The appropriate authority is—
(a)
the Secretary of State if the local planning authority causing
the procedure to be carried out or held is in England;
(b)
the National Assembly for Wales if the local planning
15
authority causing the procedure to be carried out or held is in
Wales.
      (3)
In each of subsections (2) to (6) and (10)(a) in each place where it occurs—
(a)
for “Secretary of State” there is substituted “appropriate authority”;
(b)
for “him” there is substituted “it”;
20
(c)
for “he” there is substituted “it”.
      (4)
In each of subsections (2), (4), (5) and (6) in each place where it occurs for
“inquiry” there is substituted “procedure”.
      (5)
In subsection (5) each of the following is omitted—
(a)
“or appointed as one of the persons who are to hold it”;
25
(b)
“(in addition to what may be recovered by virtue of the appointment
of any other person)”;
(c)
in paragraph (c), “(or, in a case where that person is appointed as one
of the persons who are to hold the qualifying inquiry, an appropriate
proportion of any costs attributable to the appointment of an
30
assessor to assist those persons)”.
      (6)
Subsections (7) to (9) are omitted.
      (7)
Before subsection (10) there is inserted the following subsection—
“(9A)
References to a local planning authority causing a qualifying inquiry
to be held include references to a requirement under the Planning
35
and Compulsory Purchase Act 2003 on the authority to submit a plan
to the appropriate authority for independent examination.”
11
In section 306 (2) (local authorities and statutory undertakers may contribute
to certain costs of local planning authorities) for paragraph (a) there are
substituted the following paragraphs—
40
“(a)
any expenses incurred by a local planning authority for the
purposes of carrying out a review under section 12 or 56 of
the Planning and Compulsory Purchase Act 2003 (duty of
local planning authority to keep under review certain matters
affecting development);
45

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts
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(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
5
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.
20
      (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.
25
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
30
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;
35
(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—
40
(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
5
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.
10
(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
15
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
20
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
25
“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
30
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;
35
(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
40
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”.
45

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”
25
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
20
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
25
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
30
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
35
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)—