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
Part 2 — Local development
18

30
Dissolution of joint committee
(1)
This section applies if a constituent authority requests the Secretary of State to
revoke an order constituting a joint committee as the local planning authority
for any area or in respect of any matter.
(2)
The Secretary of State may revoke the order.
5
(3)
Any step taken by the joint committee in relation to a local development
scheme or a local development document must be treated for the purposes of
any corresponding scheme or document as a step taken by a successor
authority.
(4)
A successor authority is—
10
(a)
a local planning authority which were a constituent authority of the
joint committee;
(b)
a joint committee constituted by order under section 28 for an area
which does not include an area which was not part of the area of the
joint committee mentioned in subsection (1).
15
(5)
If the revocation takes effect at any time when an independent examination is
being carried out in relation to a local development document the examination
must be suspended.
(6)
But if before the end of the period prescribed for the purposes of this subsection
a successor authority falling within subsection (4)(a) requests the Secretary of
20
State to do so he may direct that—
(a)
the examination is resumed in relation to the corresponding document;
(b)
any step taken for the purposes of the suspended examination has
effect for the purposes of the resumed examination.
(7)
The Secretary of State may by regulations make provision as to what is a
25
corresponding scheme or document.
Miscellaneous
31
Exclusion of certain representations
(1)
This section applies to any representation or objection in respect of anything
which is done or is proposed to be done in pursuance of—
30
(a)
an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of
the Highways Act 1980 (c. 66);
(b)
an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act
1959 (c. 25), section 3 of the Highways (Miscellaneous Provisions) Act
1961 (c. 63) or section 1 or 10 of the Highways Act 1971 (c. 41) (which
35
provisions were replaced by the provisions mentioned in paragraph
(a));
(c)
an order under section 1 of the New Towns Act 1981 (c. 64).
(2)
If the Secretary of State or a local planning authority thinks that a
representation made in relation to a local development document is in
40
substance a representation or objection to which this section applies he or they
(as the case may be) may disregard it.

Planning and Compulsory Purchase Bill
Part 2 — Local development
19

32
Urban development corporations
The Secretary of State may direct that this Part does not apply to the area of an
urban development corporation.
33
Guidance
In the exercise of any function conferred under or by virtue of this Part the local
5
planning authority must have regard to any guidance issued by the Secretary
of State.
34
Annual monitoring report
(1)
Every local planning authority must make an annual report to the Secretary of
State.
10
(2)
The annual report must contain such information as is prescribed as to—
(a)
the implementation of the local development scheme;
(b)
the extent to which the policies set out in the local development
documents are being achieved.
(3)
The annual report must—
15
(a)
be in respect of such period of 12 months as is prescribed;
(b)
be made at such time as is prescribed;
(c)
be in such form as is prescribed;
(d)
contain such other matter as is prescribed.
General
20
35
Regulations
(1)
The Secretary of State may by regulations make provision in connection with
the exercise by any person of functions under this Part.
(2)
The regulations may in particular make provision as to—
(a)
the procedure to be followed by the local planning authority in carrying
25
out the appraisal under section 18;
(b)
the procedure to be followed in the preparation of local development
documents;
(c)
requirements about the giving of notice and publicity;
(d)
requirements about inspection by the public of a local development
30
document or any other document;
(e)
the nature and extent of consultation with and participation by the
public in anything done under this Part;
(f)
the making of representations about any matter to be included in a local
development document;
35
(g)
consideration of any such representations;
(h)
the remuneration and allowances payable to a person appointed to
carry out an independent examination under section 19;
(i)
the determination of the time at which anything must be done for the
purposes of this Part;
40
(j)
the manner of publication of any draft, report or other document
published under this Part;

Planning and Compulsory Purchase Bill
Part 3 — Development
20

(k)
monitoring the exercise by local planning authorities of their functions
under this Part;
(l)
the making of reasonable charges for the provision of copies of
documents required by or under this Part.
36
Interpretation
5
(1)
Local development scheme must be construed in accordance with section 14.
(2)
Local development document must be construed in accordance with section
16.
(3)
A development plan document is a document which—
(a)
is a local development document, and
10
(b)
forms part of the development plan.
(4)
Local planning authorities are—
(a)
district councils;
(b)
London borough councils;
(c)
metropolitan district councils;
15
(d)
county councils in relation to any area in England for which there is no
district council;
(e)
the Broads Authority.
(5)
A National Park authority is the local planning authority for the whole of its
area and subsection (4) must be construed subject to that.
20
(6)
RSS and RPB must be construed in accordance with Part 1.
(7)
This section applies for the purposes of this Part.
Part 3
Development
Development plan
25
37
Development plan
(1)
A reference to the development plan in any enactment mentioned in
subsection (7) must be construed in accordance with subsections (2) to (5).
(2)
For the purposes of any area in Greater London the development plan is—
(a)
the spatial development strategy, and
30
(b)
the development plan documents (taken as a whole) which have been
adopted or approved in relation to that area.
(3)
For the purposes of any other area in England the development plan is—
(a)
the regional spatial strategy for the region in which the area is situated,
and
35
(b)
the development plan documents (taken as a whole) which have been
adopted or approved in relation to that area.
(4)
For the purposes of any area in Wales the development plan is the local
development plan adopted or approved in relation to that area.

Planning and Compulsory Purchase Bill
Part 4 — Development control
21

(5)
If to any extent a policy contained in a development plan for an area conflicts
with another policy in the development plan the conflict must be resolved in
favour of the policy which is contained in the last document to be adopted,
approved or published (as the case may be).
(6)
If regard is to be had to the development plan for the purpose of any
5
determination to be made under the planning Acts the determination must be
made in accordance with the plan unless material considerations indicate
otherwise.
(7)
The enactments are—
(a)
this Act;
10
(b)
the planning Acts;
(c)
any other enactment relating to town and country planning;
(d)
the Land Compensation Act 1961 (c. 33);
(e)
the Highways Act 1980 (c. 66).
(8)
In subsection (5) references to a development plan include a development plan
15
for the purposes of paragraph 1 of Schedule 8.
Sustainable development
38
Sustainable development
(1)
This section applies to any person who or body which exercises any function—
(a)
under Part 1 in relation to a regional spatial strategy;
20
(b)
under Part 2 in relation to local development documents;
(c)
under Part 6 in relation to the Wales Spatial Plan or a local development
plan.
(2)
The person or body must exercise the function with a view to contributing to
the achievement of sustainable development.
25
(3)
For the purposes of subsection (2) the person or body must have regard to
national policies and advice contained in guidance issued by—
(a)
the Secretary of State for the purposes of subsection (1)(a) and (b);
(b)
the National Assembly for Wales for the purposes of subsection (1)(c).
Part 4
30
Development control
Local development orders
39
Local development orders
(1)
In the principal Act after section 61 (supplementary provision about

Planning and Compulsory Purchase Bill
Part 4 — Development control
22

development orders) there are inserted the following sections—
“Local development orders
61A  Local development orders
(1)
A local planning authority may by order (a local development order)
make provision to implement policies—
5
(a)
in one or more development plan documents (within the
meaning of Part 2 of the Planning and Compulsory Purchase
Act 2003);
(b)
in a local development plan (within the meaning of Part 6 of that
Act).
10
(2)
A local development order may grant planning permission—
(a)
for development specified in the order;
(b)
for development of any class so specified.
(3)
A local development order may relate to—
(a)
all land in the area of the relevant authority;
15
(b)
any part of that land;
(c)
a site specified in the order.
(4)
A local development order may make different provision for different
descriptions of land.
(5)
But a development order may specify any area or class of development
20
in respect of which a local development order must not be made.
(6)
A local planning authority may revoke a local development order at
any time.
(7)
Schedule 4A makes provision in connection with local development
orders.
25
61B  Intervention by Secretary of State or National Assembly
(1)
At any time before a local development order is adopted by a local
planning authority the appropriate authority may direct that the order
(or any part of it) is submitted to it for its approval.
(2)
If the appropriate authority gives a direction under subsection (1)—
30
(a)
the authority must not take any step in connection with the
adoption of the order until the appropriate authority gives its
decision;
(b)
the order has no effect unless it (or, if the direction relates to
only part of an order, the part) has been approved by the
35
appropriate authority.
(3)
In considering an order or part of an order submitted under subsection
(1) the appropriate authority may take account of any matter which it
thinks is relevant.
(4)
It is immaterial whether any such matter was taken account of by the
40
local planning authority.
(5)
The appropriate authority—

Planning and Compulsory Purchase Bill
Part 4 — Development control
23

(a)
may approve or reject an order or part of an order submitted to
it under subsection (1);
(b)
must give reasons for its decision under paragraph (a).
(6)
If the appropriate authority thinks that a local development order is
unsatisfactory it may at any time before the order is adopted by the
5
local planning authority direct them to modify it in accordance with the
direction.
(7)
The local planning authority—
(a)
must comply with the direction;
(b)
must not adopt the order unless the appropriate authority gives
10
notice that it is satisfied that they have complied with the
direction.
(8)
The appropriate authority may at any time by order revoke a local
development order if it thinks it is expedient to do so.
(9)
Subsections (3) to (6) of section 100 apply to an order under subsection
15
(8) above as they apply to an order under subsection (1) of that section
and for that purpose references to the Secretary of State must be
construed as references to the appropriate authority.
(10)
The appropriate authority is—
(a)
the Secretary of State in relation to England;
20
(b)
the National Assembly for Wales in relation to Wales.
61C  Permission granted by local development order
(1)
Planning permission granted by a local development order may be
granted—
(a)
unconditionally, or
25
(b)
subject to such conditions or limitations as are specified in the
order.
(2)
If the permission is granted for development of a specified description
the order may enable the local planning authority to direct that the
permission does not apply in relation to—
30
(a)
development in a particular area, or
(b)
any particular development.”
(2)
In each of the following provisions of the principal Act in each place where it
occurs after “development order” there is inserted “or a local development
order”—
35
(a)
section 56(5)(a) (definition of material development);
(b)
section 57(3) (extent of permission granted by development order);
(c)
section 58(1)(a) (grant of planning permission by development order);
(d)
section 77(1) (certain applications to be referred to the Secretary of
State);
40
(e)
section 78(1)(c) (right of appeal in relation to certain planning
decisions);
(f)
section 88(9) (grant of planning permission in enterprise zone);
(g)
section 91(4)(a) (no limit to duration of planning permission granted by
development order);
45

Planning and Compulsory Purchase Bill
Part 4 — Development control
24

(h)
section 108 (compensation for refusal of planning permission formerly
granted by development order);
(i)
section 109(6) (apportionment of compensation for depreciation);
(j)
section 253(2)(c) (cases in which certain procedures may be carried out
in anticipation of planning permission);
5
(k)
section 264(5)(b) (land treated not as operational land);
(l)
section 279(1)(a)(i) (compensation for certain decisions and orders).
(3)
Section 333 of the principal Act (regulations and orders) is amended as
follows—
(a)
in subsection (4) after “55(2)(f),” there is inserted “61A(5)”;
10
(b)
in subsection (5)(b) after “28,” there is inserted “61A(5) (unless it is
made by the National Assembly for Wales),”.
(4)
Schedule 1 further amends the principal Act.
Revision of development orders
40
Effect of revision or revocation of development order on incomplete
15
development
In the principal Act after section 61C (planning permission granted by local
development orders) (inserted by section 39 of the Planning and Compulsory
Purchase Act 2003) there is inserted the following section—
“61D  Effect of revision or revocation of development order on incomplete
20
development
(1)
A development order or local development order may include
provision permitting the completion of development if —
(a)
planning permission is granted by the order in respect of the
development, and
25
(b)
the planning permission is withdrawn at a time after the
development is started but before it is completed.
(2)
Planning permission granted by a development order is withdrawn—
(a)
if the order is revoked;
(b)
if the order is amended so that it ceases to grant planning
30
permission in respect of the development or materially changes
any condition or limitation to which the grant of permission is
subject;
(c)
by the issue of a direction under powers conferred by the order.
(3)
Planning permission granted by a local development order is
35
withdrawn—
(a)
if the order is revoked under section 61A(6) or 61B(8);
(b)
if the order is revised in pursuance of paragraph 2 of Schedule
4A so that it ceases to grant planning permission in respect of
the development or materially changes any condition or
40
limitation to which the grant of permission is subject;
(c)
by the issue of a direction under powers conferred by the order.