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 4 — Development control
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(4)
The power under this section to include provision in a development
order or a local development order may be exercised differently for
different purposes.”
Development principles
41
Statement of development principles
5
In the principal Act after section 61D (effect of revision or revocation of
development order on incomplete development) (inserted by section 40 of this
Act) there is inserted the following section—
“Development principles
61E  Statement of development principles
10
(1)
A local planning authority must issue a statement of development
principles in relation to a proposed development in their area if they are
requested to do so by any person.
(2)
In considering a request under this section the authority must have
regard to—
15
(a)
the development plan so far as material to the request;
(b)
any other material considerations.
(3)
A statement of development principles must indicate—
(a)
whether the local planning authority agree or disagree with the
principle of the proposed development, or
20
(b)
if they agree with the principle of only part of the proposed
development, with which part they agree and with which part
they disagree.
(4)
A statement of development principles is a material consideration for
the purposes of the determination of any application for planning
25
permission in respect of a similar development or part of a similar
development (as the case may be) which is made before the end of —
(a)
the period of three years starting on the day the local planning
authority issue the statement of development principles, or
(b)
such other period starting on that day as that authority direct.
30
(5)
But a local planning authority may decline to issue a statement of
development principles before the end of the period of two years
starting on the date of issue of a statement of development principles in
which the local planning authority disagree with the principle of all or
part of a similar development.
35
(6)
A development is similar to another development if the local planning
authority think that the development and the land to which they relate
are the same or substantially the same.
(7)
A development order may make provision as to—
(a)
the procedure to be followed by a person requesting the issue of
40
a statement of development principles;
(b)
the procedure to be followed by the local planning authority in
drawing up and issuing the statement;

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(c)
the matters to be contained in the statement;
(d)
such requirements as to consultation on the proposed
development as the appropriate authority thinks fit.
(8)
Provision made under subsection (7) may include provision
corresponding to any provision of this Part subject to such
5
modifications as the appropriate authority thinks fit.
(9)
The appropriate authority is—
(a)
the Secretary of State in relation to England;
(b)
the National Assembly for Wales in relation to Wales.”
Applications
10
42
Applications for planning permission and certain consents
(1)
In the principal Act for section 62 (form and content of applications for
planning permission) there is substituted the following section—
“62  Applications for planning permission
(1)
A development order may make provision as to applications for
15
planning permission made to a local planning authority.
(2)
Provision referred to in subsection (1) includes provision as to—
(a)
the form and manner in which the application must be made;
(b)
particulars of such matters as are to be included in the
application;
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(c)
documents or other materials as are to accompany the
application.
(3)
The local planning authority may require that an application for
planning permission must include—
(a)
such particulars as they think necessary;
25
(b)
such evidence in support of anything in or relating to the
application as they think necessary.
(4)
But a requirement under subsection (3) must not be inconsistent with
provision made under subsection (1).”
(2)
In section 73 of the principal Act (determination of applications to develop land
30
without compliance with conditions previously attached) subsection (3) is
omitted.
(3)
In section 198 of that Act (tree preservation orders) after subsection (7) there is
inserted—
“(8)
In relation to an application for consent under a tree preservation order
35
the appropriate authority may by regulations make provision as to—
(a)
the form and manner in which the application must be made;
(b)
particulars of such matters as are to be included in the
application;
(c)
the documents or other materials as are to accompany the
40
application.
(9)
The appropriate authority is—

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(a)
the Secretary of State in relation to England;
(b)
the National Assembly for Wales in relation to Wales,

and in the case of regulations made by the National Assembly for Wales
section 333(3) must be ignored.”
(4)
In section 220 of that Act (regulations controlling display of advertisements)
5
after subsection (2) there is inserted the following subsection—
“(2A)
The regulations may also make provision as to—
(a)
the form and manner in which an application for consent must
be made;
(b)
particulars of such matters as are to be included in the
10
application;
(c)
any documents or other materials which must accompany the
application.”
(5)
In the principal Act before section 328 (settled land and land of universities and
colleges) there is inserted the following section—
15
“327A  Applications: compliance with requirements
(1)
This section applies to any application in respect of which this Act or
any provision made under it imposes a requirement as to the form or
manner in which the application must be made.
(2)
The local planning authority must not entertain such an application if
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it fails to comply with the requirement.”
(6)
In section 10(2) of the listed buildings Act (applications for listed buildings
consent) the words from “shall be made” to “require and” are omitted.
(7)
In section 10(3) of that Act for paragraph (a) there are substituted the following
paragraphs—
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“(a)
the form and manner in which such applications are to be made;
(aa)
particulars of such matters as are to be included in such
applications;
(ab)
the documents or other materials as are to accompany such
applications;”.
30
(8)
In section 89(1) of that Act (application of certain provisions of the principal
Act) after the entry relating to section 323 there is inserted—

“section 327A (compliance with requirements relating to applications),”.
43
Power to decline to determine applications
(1)
For section 70A of the principal Act (power of local planning authority to
35
decline to determine application) there are substituted the following sections—
“70A  Power to decline to determine subsequent application
(1)
A local planning authority may decline to determine a relevant
application if—
(a)
any of the conditions in subsections (2) to (4) is satisfied, and
40
(b)
the authority think there has been no significant change in the
relevant considerations since the relevant event.

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(2)
The condition is that in the period of two years ending with the date on
which the application mentioned in subsection (1) is received the
Secretary of State has refused a similar application referred to him
under section 76A or 77.
(3)
The condition is that in that period the Secretary of State has dismissed
5
an appeal—
(a)
against the refusal of a similar application, or
(b)
under section 78(2) in respect of a similar application.
(4)
The condition is that—
(a)
in that period the local planning authority have refused a
10
similar application, and
(b)
there has been no appeal to the Secretary of State against that
refusal.
(5)
A relevant application is—
(a)
an application for planning permission for the development of
15
any land;
(b)
an application for approval in pursuance of section 60(2).
(6)
The relevant considerations are—
(a)
the development plan so far as material to the application;
(b)
any other material considerations.
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(7)
The relevant event is—
(a)
for the purposes of subsections (2) and (4) the refusal of the
similar application;
(b)
for the purposes of subsection (3) the dismissal of the appeal.
(8)
An application for planning permission is similar to another
25
application if (and only if) the local planning authority think that the
development and the land to which the applications relate are the same
or substantially the same.
70B  Power to decline to determine overlapping application
(1)
A local planning authority may decline to determine an application for
30
planning permission for the development of any land which is made at
a time when any of the conditions in subsections (2) to (4) applies in
relation to a similar application.
(2)
The condition is that a similar application is under consideration by the
local planning authority and the determination period for that
35
application has not expired.
(3)
The condition is that a similar application is under consideration by the
Secretary of State in pursuance of section 76A or 77 or on an appeal
under section 78 and the Secretary of State has not issued his decision.
(4)
The condition is that a similar application—
40
(a)
has been granted by the local planning authority,
(b)
has been refused by them, or
(c)
has not been determined by them within the determination
period,

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and the time within which an appeal could be made to the Secretary of
State under section 78 has not expired.
(5)
An application for planning permission is similar to another
application if (and only if) the local planning authority think that the
development and the land to which the applications relate are the same
5
or substantially the same.
(6)
The determination period is—
(a)
the period prescribed by the development order for the
determination of the application, or
(b)
such longer period as the applicant and the authority have
10
agreed for the determination of the application.”
(2)
In section 78(2)(aa) of that Act after “70A” there is inserted “or 70B”.
(3)
After section 81 of the listed buildings Act (authorities with functions under
the Act) there is inserted the following sections—
“Power to decline to determine application
15
81A  Power to decline to determine subsequent application
(1)
A local planning authority may decline to determine an application for
a relevant consent if—
(a)
one or more of the conditions in subsections (2) to (4) is satisfied,
and
20
(b)
the authority think there has been no significant change in any
material considerations since the relevant event.
(2)
The condition is that in the period of two years ending with the date on
which the application mentioned in subsection (1) is received the
Secretary of State has refused a similar application referred to him
25
under section 12.
(3)
The condition is that in that period the Secretary of State has dismissed
an appeal—
(a)
against the refusal of a similar application, or
(b)
under section 20(2) in respect of a similar application.
30
(4)
The condition is that—
(a)
in that period the local planning authority have refused a
similar application, and
(b)
there has been no appeal to the Secretary of State against that
refusal.
35
(5)
Relevant consent is—
(a)
listed building consent, or
(b)
conservation area consent.
(6)
The relevant event is—
(a)
for the purposes of subsections (2) and (4) the refusal of the
40
similar application;
(b)
for the purposes of subsection (3) the dismissal of the appeal.
(7)
An application for relevant consent is similar to another application if
(and only if) the local planning authority think that the building and

Planning and Compulsory Purchase Bill
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works to which the applications relate are the same or substantially the
same.
(8)
For the purposes of an application for conservation area consent a
reference to a provision of this Act is a reference to that provision as
excepted or modified by regulations under section 74.
5
81B  Power to decline to determine overlapping application
(1)
A local planning authority may decline to determine an application for
a relevant consent which is made at a time when any of the conditions
in subsections (2) to (4) applies in relation to a similar application.
(2)
The condition is that a similar application is under consideration by the
10
local planning authority and the determination period for that
application has not expired.
(3)
The condition is that a similar application is under consideration by the
Secretary of State in pursuance of section 12 or on an appeal under
section 20 and the Secretary of State has not issued his decision.
15
(4)
The condition is that a similar application—
(a)
has been granted by the local planning authority,
(b)
has been refused by them, or
(c)
has not been determined by them within the determination
period,
20

and the time within which an appeal could be made to the Secretary of
State under section 20 has not expired.
(5)
Relevant consent is—
(a)
listed building consent, or
(b)
conservation area consent.
25
(6)
An application for relevant consent is similar to another application if
(and only if) the local planning authority think that the building and
works to which the applications relate are the same or substantially the
same.
(7)
The determination period is—
30
(a)
the period prescribed for the determination of the application,
or
(b)
such longer period as the applicant and the authority have
agreed for the determination of the application.
(8)
For the purposes of an application for conservation area consent a
35
reference to a provision of this Act is a reference to that provision as
excepted or modified by regulations under section 74.”
(4)
Section 20(2) of that Act (appeals) is amended as follows—
(a)
for “neither” there is substituted “done none of the following”;
(b)
after paragraph (a) for “nor” there is substituted—
40
“(aa)
given notice to the applicant that they have exercised
their power under section 81A or 81B to decline to
determine the application;”.

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(5)
This section has effect only in relation to applications made under the principal
Act or the listed buildings Act which are received by the local planning
authority after this section comes into force.
Major infrastructure projects
44
Major infrastructure projects
5
In the principal Act the following sections are inserted before section 77
(Reference of applications to the Secretary of State)—
“76A  Major infrastructure projects
(1)
This section applies to—
(a)
an application for planning permission;
10
(b)
an application for the approval of a local planning authority
required under a development order,

if the Secretary of State thinks that the development to which the
application relates is of national or regional importance.
(2)
The Secretary of State may direct that the application must be referred
15
to him instead of being dealt with by the local planning authority.
(3)
If the Secretary of State gives a direction under subsection (2) he may
also direct that any application—
(a)
under or for the purposes of the planning Acts, and
(b)
which he thinks is connected with the application mentioned in
20
subsection (1)

must also be referred to him instead of being dealt with by the local
planning authority.
(4)
If the Secretary of State gives a direction under this section—
(a)
the application must be referred to him;
25
(b)
he must appoint an inspector to consider the application.
(5)
A direction under this section or section 76B may be varied or revoked
by a subsequent direction.
(6)
The decision of the Secretary of State on any application referred to him
under this section is final.
30
(7)
Regional relates to a region listed in Schedule 1 to the Regional
Development Agencies Act 1998 (c. 45)
(8)
The following provisions of this Act apply (with any necessary
modifications) to an application referred to the Secretary of State under
this section as they apply to an application which falls to be determined
35
by a local planning authority—
(a)
section 70;
(b)
section 72(1) and (5);
(c)
section 73;
(d)
section 73A.
40
(9)
A development order may apply (with or without modifications) any
requirements imposed by the order by virtue of section 65 or 71 to an
application referred to the Secretary of State under this section.