Planning and Compulsory Purchase Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments
127

(a)
in the definition of appropriate provision for “the Greater London”
there is substituted “their”;
(b)
in the second place where it occurs “Greater London development
plan” is omitted.
Welsh Development Agency Act 1975 (c. 70)
5
9     (1)
Schedule 4 to the Welsh Development Agency Act 1975 is amended as
follows.
      (2)
Paragraph 2 is omitted.
      (3)
In paragraph 3, in sub-paragraph (1)(c), for “section 13 of that Act to
objections made by an owner, lessee or occupier” there is substituted
10
“sections 13 and 13A of that Act to relevant objections”.
      (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
Act 1981 is published before commencement of this paragraph.
Local Government, Planning and Land Act 1980 (c. 65)
15
10    (1)
The Local Government, Planning and Land Act 1980 is amended as follows.
      (2)
In section 142 (acquisition by corporation), in subsection (2A), “(subject to
section 144(2))” is omitted.
      (3)
In section 143 (acquisition by local highway authority), in subsection (3A),
“(subject to section 144(2))” is omitted.
20
      (4)
In section 144, in subsection (2), “the 1981 Act and” is omitted.
      (5)
In Schedule 28, in paragraph 1, “The 1981 Act and” and the words from “and
in paragraph 2” to the end are omitted.
      (6)
The amendments made by this paragraph do not apply to compulsory
purchase orders of which notice under section 11 of or, as the case may be,
25
paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published
before commencement of this paragraph.
      (7)
In Schedule 26 (Urban Development Corporations), after paragraph 14 there
are inserted the following paragraphs—
“Delegation of planning functions
30
14A   (1)
This paragraph applies in relation to any function conferred on the
corporation by virtue of an order under section 149 above.
      (2)
The corporation may appoint committees and such committees
may appoint sub-committees.
      (3)
Anything which is authorised or required to be done by the
35
corporation—
(a)
may be done by any member of the corporation or of its
staff who is authorised for the purpose either generally or
specifically;
(b)
may be done by a committee or sub-committee which is so
40
authorised.
      (4)
The corporation may—

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments
128

(a)
determine the quorum of a committee or sub-committee;
(b)
make such arrangements as it thinks appropriate relating
to the meetings and procedure of a committee or sub-
committee.
      (5)
Anything done for the purposes of sub-paragraph (4) is subject to
5
directions given by the Secretary of State.
      (6)
The validity of anything done by a committee or sub-committee is
not affected by—
(a)
any vacancy among its members;
(b)
any defect in the appointment of any of its members.
10
      (7)
This paragraph does not extend to Scotland.
14B   (1)
This paragraph has effect in relation to the membership of
committees and sub-committees appointed under paragraph 14A.
      (2)
A committee may consist of—
(a)
such members of the corporation as it appoints;
15
(b)
such other persons as the corporation (with the consent of
the Secretary of State) appoints.
      (3)
A sub-committee of a committee may consist of—
(a)
such members of the committee as it appoints;
(b)
such persons who are members of another committee of
20
the corporation (whether or not they are members of the
corporation) as the committee appoints;
(c)
such other persons as the corporation (with the consent of
the Secretary of State) appoints.
      (4)
The membership of a committee or sub-committee—
25
(a)
must always include at least one person who is a member
of the corporation;
(b)
must not include any person who is a member of the staff
of the corporation.”
Highways Act 1980 (c. 66)
30
11    (1)
The Highways Act 1980 is amended as follows.
      (2)
In section 232(8) after “1990” there is inserted “and Parts 2 and 6 of the
Planning and Compulsory Purchase Act 2003”.
      (3)
In section 232(9) for the definition of development plan there is
substituted—
35
““development plan” must be construed in accordance with section
37 of the Planning and Compulsory Purchase Act 2003;
“local authority” has the same meaning as in the Town and Country
Planning Act 1990.”
      (4)
Section 259 (power to confirm, etc, compulsory purchase order in part) is
40
omitted.
      (5)
The amendment made by sub-paragraph (4) does not apply to a compulsory
purchase order 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
before the commencement of that sub-paragraph.
45

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments
129

Acquisition of Land Act 1981 (c. 67)
12
In section 29(5) of the Acquisition of Land Act 1981 for the words “any
reference to any owner, lessee or occupier” there are substituted the words
“the reference to a qualifying person for the purposes of section 12(2)”.
Housing Act 1985 (c. 68)
5
13    (1)
In section 578A of the Housing Act 1985 (modification of compulsory
purchase order in case of acquisition of land for clearance), in subsection (2),
for “section 13” there is substituted “sections 13 to 13C”.
      (2)
The amendment made by sub-paragraph (1) does not apply to compulsory
purchase orders of which notice under section 11 of the Acquisition of Land
10
Act 1981 is published before commencement of this paragraph.
Education Reform Act 1988 (c. 40)
14    (1)
The Education Reform Act 1988 is amended as follows.
      (2)
In section 190 (wrongful contracts or disposals), in subsection (6) for the
words from “references” to the end there is substituted “the reference in
15
section 12 of that Act to an owner of the land included reference to the
London Residuary Body”.
      (3)
In section 201 (wrongful disposals), in subsection (6), for the words from
“references” to the end there is substituted “the reference in section 12 of that
Act to an owner of the land included reference to the local education
20
authority concerned”.
      (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
Act 1981 is published before commencement of this paragraph.
Housing Act 1988 (c. 50)
25
15    (1)
Paragraph 2 of Schedule 10 to the Housing Act 1988 (modifications of
Acquisition of Land Act 1981) is omitted.
      (2)
The amendment made by sub-paragraph (1) does 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.
Planning and Compensation Act 1991 (c. 34)
16
In Schedule 4 to the Planning and Compensation Act 1991 Part 3 is omitted.
Local Government Act 1992 (c. 19)
17
In section 14(5) of the Local Government Act 1992 (structural changes which
35
may be recommended by the Electoral Commission), paragraph (d) is
omitted.

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments
130

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
18    (1)
Schedule 20 to the Leasehold Reform, Housing and Urban Development Act
1993 (modification of Acquisition of Land Act 1981) is amended as follows.
      (2)
In paragraph 1, for “modifications specified in paragraphs 2 and” there is
substituted “modification specified in paragraph”.
5
      (3)
Paragraph 2 is omitted.
      (4)
The amendments made by this paragraph 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
before commencement of this paragraph.
10
Environment Act 1995 (c. 25)
19    (1)
The Environment Act 1995 is amended as follows.
      (2)
In section 67 (which makes provision for a National Park authority to be the
local planning authority) subsections (2) to (4) are omitted.
      (3)
In Schedule 14 (periodic review of mineral planning permissions) in
15
paragraph 2(1), in the definition of “first review date”, for “paragraph 5”
there is substituted “paragraphs 3A and 5”.
      (4)
In Schedule 14 after paragraph 3 there is inserted the following paragraph—
“3A  (1)
The Secretary of State may by order specify a first review date
different from the first review date found in pursuance of
20
paragraph 3(1) or (2).
      (2)
Sub-paragraph (3) applies if no first review date is found in
pursuance of paragraph 3(1) or (2).
      (3)
The Secretary of State may by order specify a first review date.
      (4)
An order under sub-paragraph (3) may make different provision
25
for different cases or different classes of case.
      (5)
An order under this paragraph must be made by statutory
instrument subject to annulment in pursuance of a resolution of
either House of Parliament.”
Town and Country Planning (Scotland) Act 1997 (c. 8)
30
20
In section 275 of the Town and Country Planning (Scotland) Act 1997
(regulations and orders), after subsection (2) there is inserted—
“(2A)
Regulations may make different provision for different purposes.”
Regional Development Agencies Act 1998 (c. 45)
21    (1)
Paragraph 1 of Schedule 5 to the Regional Development Agencies Act 1998
35
(modifications of Acquisition of Land Act 1981) is omitted.
      (2)
The amendment made by sub-paragraph (1) does not apply to compulsory
purchase orders of which notice has been published under section 11 of or,
as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act
1981 before commencement of this paragraph.
40

Planning and Compulsory Purchase Bill
Schedule 8 — Transitional provisions: Parts 1 and 2
131

Greater London Authority Act 1999 (c. 29)
22    (1)
The Greater London Authority Act 1999 is amended as follows.
      (2)
In section 337 (publication)—
(a)
for “relevant regional planning guidance” there is substituted “the
regional spatial strategy for a region which adjoins Greater London”;
5
(b)
subsection (10) is omitted.
      (3)
In section 342(1) (matters to which Mayor is to have regard) for paragraph
(a) there is substituted the following—
“(a)
the regional spatial strategy for a region which adjoins
Greater London;”
10
      (4)
In section 346(b) (Mayor to monitor plans) for “unitary development plan”
there is substituted “local development documents (within the meaning of
Part 2 of the Planning and Compulsory Purchase Act 2003)”
Countryside and Rights of Way Act 2000 (c. 37)
23
In section 86(4) of the Countryside and Rights of Way Act 2000—
15
(a)
“II,” is omitted;
(b)
at the end there is inserted “or under Part 2 or 6 of the Planning and
Compulsory Purchase Act 2003”.
Schedule 8
Section 111

Transitional provisions: Parts 1 and 2
20
Development plan
1     (1)
During the transitional period a reference in an enactment mentioned in
section 37(7) above to the development plan for an area in England is a
reference to—
(a)
the RSS for the region in which the area is situated or the spatial
25
development strategy for an area in Greater London, and
(b)
the development plan for the area for the purposes of section 27 or 54
of the principal Act.
      (2)
The transitional period is the period starting with the commencement of
section 37 and ending on whichever is the earlier of—
30
(a)
the end of the period of three years;
(b)
the day when in relation to an old policy, a new policy which
expressly replaces it is published, adopted or approved.
      (3)
But the Secretary of State may direct that for the purposes of such policies as
are specified in the direction sub-paragraph (2)(a) does not apply.
35
      (4)
An old policy is a policy which (immediately before the commencement of
section 37) forms part of a development plan for the purposes of section 27
or 54 of the principal Act.
      (5)
A new policy is a policy which is contained in—
(a)
a revision of an RSS;
40

Planning and Compulsory Purchase Bill
Schedule 8 — Transitional provisions: Parts 1 and 2
132

(b)
an alteration or replacement of the spatial development strategy;
(c)
a development plan document.
      (6)
But—
(a)
an old policy contained in a structure plan is replaced only by a new
policy contained in a revision to an RSS;
5
(b)
an old policy contained in a waste local plan or a minerals local plan
is replaced in relation to any area of a county council for which there
is a district council only by a new policy contained in a development
plan document which is prepared in accordance with a minerals and
waste development scheme.
10
      (7)
A new policy is published if it is contained in—
(a)
a revision of an RSS published by the Secretary of State under section
8(6);
(b)
an alteration or replacement of the Mayor of London’s spatial
development strategy published in pursuance of section 337 of the
15
Greater London Authority Act 1999 (c. 29).
      (8)
A new policy is adopted or approved if it is contained in a development plan
document which is adopted or approved for the purposes of Part 2.
      (9)
A minerals and waste development scheme is a scheme prepared in
accordance with section 15.
20
     (10)
The development plan mentioned in sub-paragraph (1)(b) does not include
a street authorisation map which continued to be treated as having been
adopted as a local plan by virtue of paragraph 4 of Part 3 of Schedule 2 to the
principal Act.
Structure plans
25
2     (1)
This paragraph applies to proposals for the alteration or replacement of a
structure plan for the area of a local planning authority.
      (2)
If before the commencement of Part 1 of this Act the authority have
complied with section 33(2) of the principal Act (making copies of proposals
and the explanatory memorandum available for inspection) the provisions
30
of Chapter 2 of Part 2 of the principal Act continue to have effect in relation
to the proposals.
      (3)
In any other case—
(a)
the authority must take no further step in relation to the proposals;
(b)
the proposals have no effect.
35
      (4)
If the proposals are adopted or approved by virtue of sub-paragraph (2)
above, paragraph 1 of this Schedule applies to the policies contained in the
proposals as if—
(a)
they were policies contained in a development plan within the
meaning of section 54 of the principal Act;
40
(b)
the date of commencement of section 37 is the date when the
proposals are adopted or approved (as the case may be).
Unitary development plan
3     (1)
This paragraph applies to proposals for the alteration or replacement of a
unitary development plan for the area of a local planning authority.
45

Planning and Compulsory Purchase Bill
Schedule 8 — Transitional provisions: Parts 1 and 2
133

      (2)
If before the relevant date the authority have not complied with section 13(2)
of the principal Act (making copies of the proposals available for
inspection)—
(a)
they must take no further step in relation to the proposals;
(b)
the proposals have no effect.
5
      (3)
In any other case paragraph 4 or 5 below applies.
4     (1)
This paragraph applies if—
(a)
before the relevant date the local planning authority is not required
to cause an inquiry or other hearing to be held by virtue of section
16(1) of the principal Act (inquiry must be held if objections made),
10
or
(b)
before the commencement of Part 2 of this Act a person is appointed
under that section to hold an inquiry or other hearing.
      (2)
If this paragraph applies the provisions of Chapter 1 of Part 2 of the principal
Act continue to have effect in relation to the proposals.
15
      (3)
The relevant date is whichever is the later of—
(a)
the end of any period prescribed by regulations under section 26 of
the principal Act for the making of objections to the proposals;
(b)
the commencement of Part 2 of this Act.
5     (1)
If paragraph 4 does not apply the provisions of Chapter 1 of Part 2 of the
20
principal Act continue to have effect in relation to the proposals subject to
the modifications in sub-paragraphs (2) to (5) below.
      (2)
If before the commencement of Part 2 of this Act the local planning authority
have not published revised proposals in pursuance of regulations under
section 26 of the principal Act—
25
(a)
any provision of the regulations relating to publication of revised
proposals must be ignored,
(b)
the authority must comply again with section 13(2) of the principal
Act.
      (3)
If before the commencement of Part 2 of this Act the local planning authority
30
have published revised proposals in pursuance of regulations under section
26 of the principal Act the authority must comply again with section 13(2) of
that Act.
      (4)
Any provision of regulations under section 26 of the principal Act which
permits the local planning authority to modify proposals after an inquiry or
35
other hearing has been held under section 16 of that Act must be ignored.
      (5)
If such an inquiry or other hearing is held the authority must adopt the
proposals in accordance with the recommendations of the person appointed
to hold the inquiry or other hearing.
6
If proposals are adopted or approved in pursuance of paragraph 4 or 5
40
above paragraph 1 of this Schedule applies to the policies contained in the
proposals as if—
(a)
they were policies contained in a development plan for the purposes
of section 27 of the principal Act;
(b)
the date of commencement of section 37 is the date when the
45
proposals are adopted or approved.