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 8 — Transitional provisions: Parts 1 and 2

134

7     (1)

This paragraph applies if, at the date of commencement of Part 1 a local

planning authority have not prepared a unitary development plan in

pursuance of section 12 of the principal Act.

      (2)

References in paragraphs 3 to 6 to proposals for the alteration or replacement

of a plan must be construed as references to the plan.

5

Local plan

8     (1)

This paragraph applies to proposals for the alteration or replacement of a

local plan for the area of a local planning authority.

      (2)

If before the commencement of Part 2 of this Act the authority have not

complied with section 40(2) of the principal Act (making copies of the

10

proposals available for inspection)—

(a)

they must take no further step in relation to the proposals;

(b)

the proposals have no effect.

      (3)

In any other case paragraph 9 or 10 below applies.

9     (1)

This paragraph applies if—

15

(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

42(1) of the principal Act (inquiry must be held if objections made),

or

(b)

before the commencement of Part 2 of this Act a person is appointed

20

under that section to hold an inquiry or other hearing.

      (2)

If this paragraph applies the provisions of Chapter 2 of Part 2 of the principal

Act continue to have effect in relation to the proposals.

      (3)

The relevant date is whichever is the later of—

(a)

the end of any period prescribed by regulations under section 53 of

25

the principal Act for the making of objections to the proposals;

(b)

the commencement of Part 2 of this Act.

10    (1)

If paragraph 9 does not apply the provisions of Chapter 2 of Part 2 of the

principal Act continue to have effect in relation to the proposals subject to

the modifications in sub-paragraphs (2) to (5) below.

30

      (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 53 of the principal Act—

(a)

any provision of the regulations relating to publication of revised

proposals must be ignored,

35

(b)

the authority must comply again with section 40(2) of the principal

Act.

      (3)

If before the commencement of Part 2 of this Act the local planning authority

have published revised proposals in pursuance of regulations under section

53 of the principal Act the authority must comply again with section 40(2) of

40

that Act.

      (4)

Any provision of regulations under section 53 of the principal Act which

permits the local planning authority to modify proposals after an inquiry or

other hearing has been held under section 42 of that Act must be ignored.

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

135

      (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.

11    (1)

This paragraph applies if the Secretary of State thinks—

(a)

that the conformity requirement is likely to give rise to inconsistency

5

between the proposals and relevant policies or guidance, and

(b)

that it is necessary or expedient to avoid such inconsistency.

      (2)

The Secretary of State may direct that to the extent specified in the direction

the conformity requirement must be ignored.

      (3)

The Secretary of State must give reasons for the direction.

10

      (4)

The conformity requirement is—

(a)

the requirement under section 36(4) of the principal Act that the local

plan is to be in general conformity with the structure plan;

(b)

the prohibition under section 43(3) of the principal Act on the

adoption of proposals for a local plan or for its alteration or

15

replacement which do not conform generally with the structure plan.

      (5)

Revelant policies and guidance are—

(a)

national policies;

(b)

advice contained in guidance;

(c)

policies in the RSS.

20

12

If proposals are adopted or approved in pursuance of paragraphs 9 to 11

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 54 of the principal Act;

25

(b)

the date of commencement of section 37 is the date when the

proposals are adopted or approved.

13    (1)

This paragraph applies if, at the date of commencement of Part 1 a local

planning authority have not prepared a local plan in pursuance of section 36

of the principal Act.

30

      (2)

References in paragraphs 8 to 12 to proposals for the alteration or

replacement of a plan must be construed as references to the plan.

Minerals and waste local plans

14

Paragraphs 8 to 13 above apply to a minerals local plan and a waste local

plan as they apply to a local plan and references in those paragraphs to a

35

local planning authority must be construed as including references to a

mineral planning authority and an authority who are entitled to prepare a

waste local plan.

Schemes

15    (1)

This paragraph applies to—

40

(a)

the local development scheme which a local planning authority are

required to prepare and maintain under section 14 of this Act;

(b)

the minerals and waste development scheme which a county council

are required to prepare and maintain for any part of their area for

which there is a district council.

45

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

136

      (2)

During the transitional period the local planning authority or county council

(as the case may be) must include in the scheme as a development plan

document—

(a)

any plan or document which relates to an old policy (for the

purposes of paragraph 1 above) which has not been replaced by a

5

new policy;

(b)

any proposals adopted or approved by virtue of paragraphs 3 to 12

above.

Savings

16    (1)

The repeal by this Act of paragraphs 1 to 4 of Schedule 13 to the principal Act

10

does not affect anything which is required or permitted to be done for the

purposes of Chapter 2 of Part 6 of the principal Act during any time when a

plan mentioned in any of those paragraphs continues to form part of the

development plan by virtue of—

(a)

paragraph 1 of this Schedule, or

15

(b)

that paragraph as applied by any other provision of this Schedule.

      (2)

References to a plan mentioned in any of paragraphs 1 to 4 include any

proposal for the alteration or replacement of the plan.

      (3)

The development plan is the development plan for the purposes of section

27 or 54 of the principal Act.

20

Regulations and orders

17    (1)

The Secretary of State may by regulations make provision for giving full

effect to this Schedule.

      (2)

The regulations may, in particular—

(a)

make such provision as he thinks is necessary in consequence of this

25

Schedule;

(b)

make provision to supplement any modifications of the principal Act

required by this Schedule;

      (3)

The Secretary of State may by order make such provision as he thinks is

necessary in consequence of anything done under or by virtue of this

30

Schedule.

      (4)

Provision under sub-paragraph (3) includes provisions corresponding to

that which could be made by order under Schedule 2 of the principal Act.

Interpretation

18    (1)

References to section 27 of the principal Act must be construed subject to

35

section 28(3)(a) and (c) of that Act.

      (2)

RSS must be construed in accordance with Part 1 of this Act.

      (3)

Development plan document must be construed in accordance with Part 2

of this Act.

Planning and Compulsory Purchase Bill
Schedule 9 — Repeals

137

Schedule 9

Section 112

Repeals

Short title and chapter

Extent of repeal

Land Compensation Act 1973

Sections 34 to 36

(c. 26)

In section 87(1) in the definition of “dwelling”,

5

“(except in section 29)”

Greater London Council

In section 24(4) the second “Greater London

(General Powers) Act 1973 (c.

development plan”

xxx)

Welsh Development Agency

In Schedule 4, paragraph 2.

10

Act 1975 (c. 70)

Local Government, Planning

In section 142(2A), “(subject to section 144(2))”.

and Land Act 1980 (c. 65)

In section 143(3A), “(subject to section 144(2))”.

In section 144(2), “the 1981Act and”.

In Schedule 28, in paragraph 1, “The 1981Act

15

and” and the words from “and in paragraph

2” to the end.

Highways Act 1980 (c. 66)

Section 259.

Housing Act 1988 (c. 50)

In Schedule 10, paragraph 2.

Town and Country Planning

Part 2

20

Act 1990 (c. 8)

In section 71, subsection (3) and in subsection

(4) the definition of site licence

Section 73(3)

Section 83(1)

Section 92

25

In section 220(3), the expression “62”

In section 226, in subsection (1) the first “which”

and subsection (2)

Section 245(2) and (3).

In section 284(1), paragraph (a)

30

In section 287, in subsection (5), paragraph (a)

and in each of paragraphs (b) to (e) the words

“by virtue of subsection (3)” and subsection

(6)

Section 293(4)

35

Sections 294 to 297

Section 298(1) and (2)

Sections 299 to 301

Section 303(6)

In section 303A, in subsection (5) the words “or

40

appointed as one of the persons who are to

hold it”, the words “(in addition to what may

be recovered by virtue of the appointment of

any other person)” and in paragraph (c) the

words “(or, in a case where that person is

45

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 assessor to assist those

persons)” and subsections (7) to (9)

50

Planning and Compulsory Purchase Bill
Schedule 9 — Repeals

138

Short title and chapter

Extent of repeal

Town and Country Planning

In Schedule 1, paragraph 2, in paragraph 3(7)

Act 1990 (c. 8)—cont.

the words “but paragraph 4 shall apply to

such applications instead”, 4(2) and 7

In Schedule 2, Parts 1, 2 and 3

5

In Schedule 7, paragraphs 3 and 4

In Schedule 13, paragraphs 1 to 4

Planning (Listed Buildings and

In section 10, in subsection (2) the words “shall

Conservation Areas) Act 1990

be made in such form as the authority may

(c. 9)

require and” and in subsection (3) the word

10

“and” after paragraph (b).

Section 67(3) to (5)

Sections 83 and 84

In section 91(2) ““development plan””

In Schedule 4, in paragraph 3, sub-paragraph (b)

15

and “and” preceding it

Planning (Hazardous

Section 31(1) and (2)

Substances) Act 1990 (c. 10)

Section 32

Planning and Compensation

Section 17(1)

Act 1991 (c. 34)

In Schedule 4, Part 3

20

In Schedule 18, Part 2 in the entry relating to the

Land Compensation Act 1973, “section 36(6)

(farm loss payment),”

Local Government Act 1992 (c.

In section 14(5), paragraph (d)

19)

25

Leasehold Reform, Housing

In Schedule 20, paragraph 2.

and Urban Development Act

1993 (c. 28)

Environment Act 1995 (c. 25)

In section 67, subsections (2) to (4)

Town and Country Planning

Section 242(4)

30

(Scotland) Act 1997 (c. 8)

Sections 243 to 245

Sections 247 to 250

Regional Development

In Schedule 5, paragraph 1.

Agencies Act 1998 (c. 45)

Countryside and Rights of Way

In section 86(4), “II,”

35

Act 2000 (c. 37)

Planning (Listed Buildings and

Sections 74 and 75

Conservation Areas)

(Scotland) Act 1997 (c. 9)

Planning (Hazardous

Sections 31(1) and (2)

40

Substances) (Scotland) Act

Section 32

Note:

The repeal of sections 34 to 36 of the Land Compensation Act 1973 does not

have effect in relation to a compulsory purchase order made or made in draft

before the commencement of paragraph 5(3) of Schedule 7.