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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48
Fees and charges
(1)
Section 303 (fees for planning applications, etc) of the principal Act is amended
as follows.
(2)
The following subsections are substituted for subsections (1) and (2)—
“(1)
The appropriate authority may by regulations make provision for the
5
payment of a charge or fee to a local planning authority in respect of—
(a)
the performance by the local planning authority of any function
they have;
(b)
anything done by them which is calculated to facilitate or is
conducive or incidental to the performance of any such
10
function.
(2)
The regulations may prescribe—
(a)
the person by whom the charge or fee is payable;
(b)
the means by which the charge or fee is calculated;
(c)
circumstances in which a charge or fee is to be transferred from
15
one local planning authority to another.
(2A)
The appropriate authority is—
(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
20
section 333(3) must be ignored.”
(3)
In subsection (4) after the first “prescribed” there is inserted “charge or”.
(4)
Subsection (6) is omitted.
49
Duty to respond to consultation
(1)
This section applies to a prescribed requirement to consult any person or body
25
(the consultee) which exercises functions for the purposes of any enactment.
(2)
A prescribed requirement to consult is a requirement—
(a)
with which the appropriate authority or a local planning authority
must comply before granting any permission, approval or consent
under or by virtue of the planning Acts;
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(b)
which is prescribed for the purposes of this subsection.
(3)
At any time before an application is made for any permission, approval or
consent mentioned in subsection (2) any person may in relation to a proposed
development consult the consultee on any matter in respect of which the
appropriate authority is or the local planning authority are required to consult
35
the consultee.
(4)
Before the end of the period prescribed for the purposes of this subsection the
consultee must give a substantive response to any consultation—
(a)
mentioned in subsection (2);
(b)
by virtue of subsection (3).
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(5)
The appropriate authority may also prescribe—
(a)
the procedure to be followed for the purposes of this section;

Planning and Compulsory Purchase Bill
Part 5 — Correction of errors
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(b)
the information to be provided to the consultee for the purposes of the
consultation;
(c)
the requirements of a substantive response.
(6)
Anything prescribed for the purposes of subsections (1) to (5) must be
prescribed by development order.
5
(7)
A development order may—
(a)
require consultees to give the appropriate authority a report as to their
compliance with subsection (4);
(b)
prescribe the form and content of the report;
(c)
prescribe the times at which the report is to be made.
10
(8)
The appropriate authority is—
(a)
the Secretary of State in relation to England;
(b)
the National Assembly for Wales in relation to Wales.
50
Time in which Secretary of State to take decisions
(1)
Schedule 2 contains provisions about the time in which the Secretary of State
15
must take certain decisions.
(2)
But Schedule 2 does not apply in relation to any decision taken in the exercise
of a function in relation to Wales if the function is exercisable in relation to
Wales by the National Assembly for Wales by virtue of an order under section
22 of the Government of Wales Act 1998 (c. 38).
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Part 5
Correction of errors
51
Correction of errors in decisions
(1)
This section applies if the Secretary of State or an inspector issues a decision
document which contains a correctable error.
25
(2)
The Secretary of State or the inspector (as the case may be) may correct the
error—
(a)
if he is requested to do so in writing by any person;
(b)
if he sends a statement in writing to the applicant which explains the
error and states that he is considering making the correction.
30
(3)
But the Secretary of State or inspector must not correct the error unless—
(a)
not later than the end of the relevant period he receives a request
mentioned in subsection (2)(a) or sends a statement mentioned in
subsection (2)(b),
(b)
he informs the local planning authority of that fact, and
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(c)
he obtains the appropriate consent.
(4)
The relevant period—
(a)
is the period within which an application or appeal may be made to the
High Court in respect of the decision recorded in the decision
document;
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(b)
does not include any time by which such a period may be extended by
the High Court.

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Part 5 — Correction of errors
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(5)
It is immaterial whether any such application or appeal is made.
(6)
The appropriate consent is—
(a)
the consent in writing of the applicant;
(b)
if the applicant is not the owner of the land in respect of which the
decision was made, the consent in writing of both the applicant and the
5
owner.
(7)
But consent is not appropriate consent if it is given subject to a condition.
52
Correction notice
(1)
If paragraph (a) or (b) of section 51(2) applies the Secretary of State or the
inspector must as soon as practicable after making any correction or deciding
10
not to make any correction issue a notice in writing (a correction notice)
which—
(a)
specifies the correction of the error, or
(b)
gives notice of his decision not to correct such an error.
(2)
The Secretary of State or the inspector (as the case may be) must give the
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correction notice to—
(a)
the applicant;
(b)
if the applicant is not the owner of the land in respect of which the
original decision was made, the owner;
(c)
the local planning authority for the area in which the land in respect of
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which the decision was made is situated;
(d)
if the correction was requested by any other person, that person.
(3)
The Secretary of State may by order specify any other person or description of
persons to whom the correction notice must be given.
53
Effect of correction
25
(1)
If a correction is made in pursuance of section 51—
(a)
the original decision is taken not to have been made;
(b)
the decision is taken for all purposes to have been made on the date the
correction notice is issued.
(2)
If a correction is not made—
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(a)
the original decision continues to have full force and effect;
(b)
nothing in this Part affects anything done in pursuance of or in respect
of the decision.
(3)
Section 288 of the principal Act (proceedings for questioning the validity of
certain decisions) applies to the correction notice as if it were an action on the
35
part of the Secretary of State to which that section applies, if the decision
document in respect of which the correction notice is given records a decision
mentioned in any of paragraphs (a) to (c) of section 54(4) below.
(4)
Section 63 of the listed buildings Act (proceedings for questioning the validity
of certain decisions) applies to the correction notice as if it were a decision of
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the Secretary of State to which that section applies, if the decision document in
respect of which the correction notice is given records a decision mentioned in
any of paragraphs (d) to (f) of section 54(4) below.

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(5)
Section 22 of the hazardous substances Act (proceedings for questioning the
validity of certain decisions) applies to the correction notice as if it were a
decision of the Secretary of State under section 20 or 21 of that Act, if the
decision document in respect of which the correction notice is given records a
decision mentioned in paragraph (g) of section 54(4) below.
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(6)
If the decision document in respect of which the correction notice is given
records a decision mentioned in paragraph (h) of section 54(4) the Secretary of
State must by order make provision for questioning the validity of the notice
which corresponds to the provisions of the planning Acts mentioned in
subsections (3) to (5) above.
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(7)
Except to the extent provided for by virtue of this section a correction notice
must not be questioned in any legal proceedings.
54
Supplementary
(1)
This section applies for the purposes of this Part.
(2)
An inspector is a person appointed under any of the planning Acts to
15
determine appeals instead of the Secretary of State.
(3)
In the case of a decision document issued by an inspector any other inspector
may act under this Part.
(4)
A decision document is a document which records any of the following
decisions—
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(a)
a decision of any description which constitutes action on the part of the
Secretary of State under section 284(3) of the principal Act (decisions
which are not to be questioned in legal proceedings);
(b)
a decision in proceedings on an appeal under Part 7 of that Act
(enforcement notices);
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(c)
a decision in proceedings on an appeal under section 208 of that Act
(appeals against enforcement notices relating to trees);
(d)
a decision mentioned in section 62(2) of the listed buildings Act
(decisions which are not to be questioned in legal proceedings);
(e)
a decision on an appeal under section 39 of that Act (appeals against
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listed building enforcement notices);
(f)
a decision relating to conservation area consent within the meaning of
section 74(1) of that Act (consent required for demolition of certain
buildings);
(g)
a decision under section 20 or 21 of the hazardous substances Act
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(certain applications referred to and appeals determined by the
Secretary of State);
(h)
a decision under any of the planning Acts which is of a description
specified by the Secretary of State by order.
(5)
A correctable error is an error—
40
(a)
which is contained in any part of the decision document which records
the decision, but
(b)
which is not part of any reasons given for the decision.
(6)
The applicant is—
(a)
in the case of a decision made on an application under any of the
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planning Acts, the person who made the application;

Planning and Compulsory Purchase Bill
Part 6 — Wales
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(b)
in the case of a decision made on an appeal under any of those Acts, the
appellant.
(7)
The owner in relation to land is a person who—
(a)
is the estate owner in respect of the fee simple;
(b)
is entitled to a tenancy granted or extended for a term of years simple
5
of which not less than seven years remain unexpired;
(c)
is entitled to an interest in any mineral prescribed by a development
order, in the case of such applications under the principal Act as are so
prescribed.
(8)
Error includes omission.
10
(9)
For the purposes of the exercise of any function under this Part in relation to
Wales references to the Secretary of State must be construed as references to the
National Assembly for Wales.
Part 6
Wales
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Spatial plan
55
Wales Spatial Plan
(1)
There must be a spatial plan for Wales to be known as the “Wales Spatial Plan”.
(2)
The Wales Spatial Plan must set out such of the policies (however expressed)
of the National Assembly for Wales as it thinks appropriate in relation to the
20
development and use of land in Wales.
(3)
The Assembly must—
(a)
prepare and publish the Plan;
(b)
keep under review the Plan;
(c)
consider from time to time whether it should be revised.
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(4)
If the Assembly revises the Plan, it must publish (as it considers appropriate)—
(a)
the whole Plan as revised, or
(b)
the revised parts.
(5)
The Assembly must consult such persons or bodies as it considers appropriate
in preparing or revising the Plan.
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(6)
The Plan and any revision of it must be approved by the Assembly.
(7)
The Assembly must not delegate its function under subsection (6).
Survey
56
Survey
(1)
The local planning authority must keep under review the matters which may
35
be expected to affect the development of their area or the planning of its
development.
(2)
These matters include—

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(a)
the principal physical, economic, social and environmental
characteristics of the area of the authority;
(b)
the principal purposes for which land is used in the area;
(c)
the size, composition and distribution of the population of the area;
(d)
the communications, transport system and traffic of the area;
5
(e)
any other considerations which may be expected to affect those
matters;
(f)
such other matters as may be prescribed or as the Assembly in a
particular case may direct.
(3)
These matters also include—
10
(a)
any changes which the authority think may occur in relation to any
other matter;
(b)
the effect such changes are likely to have on the development of the
authority’s area or on the planning of such development.
(4)
The local planning authority may also keep under review and examine the
15
matters mentioned in subsections (2) and (3) in relation to any neighbouring
area to the extent that those matters may be expected to affect the area of the
authority.
(5)
In exercising a function under subsection (4) a local planning authority must
consult the local planning authority for the neighbouring area in question.
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(6)
If a neighbouring area is in England references to the local planning authority
for that area must be construed in accordance with Part 2.
Plans
57
Local development plan
(1)
The local planning authority must prepare a plan for their area to be known as
25
a local development plan.
(2)
The plan must set out—
(a)
the authority’s objectives in relation to the development and use of land
in their area;
(b)
their general policies for the implementation of those objectives.
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(3)
The plan may also set out specific policies in relation to any part of the area of
the authority.
(4)
Regulations under this section may prescribe the form and content of the plan.
(5)
In preparing a local development plan the authority must have regard to—
(a)
current national policies;
35
(b)
the Wales Spatial Plan;
(c)
the RSS for any region which adjoins the area of the authority;
(d)
the community strategy prepared by the authority;
(e)
the community strategy for any other authority whose area comprises
any part of the area of the local planning authority;
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(f)
the resources likely to be available for implementing the plan;
(g)
such other matters as the Assembly prescribes.
(6)
The authority must also—

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(a)
carry out an appraisal of the sustainability of the plan;
(b)
prepare a report of the findings of the appraisal.
(7)
The community strategy is the strategy prepared by an authority under section
4 of the Local Government Act 2000 (c. 22).
(8)
A plan is a local development plan only in so far as it—
5
(a)
is adopted by resolution of the local planning authority as a local
development plan;
(b)
is approved by the Assembly under section 60 or 66.
58
Preparation requirements
(1)
A local development plan must be prepared in accordance with—
10
(a)
the local planning authority’s community involvement scheme;
(b)
the timetable for the preparation and adoption of the authority’s local
development plan.
(2)
The authority’s community involvement scheme is a statement of the
authority’s policy as to the involvement in the exercise of the authority’s
15
functions under this Part of the persons to which subsection (3) applies.
(3)
The persons mentioned in subsection (2)—
(a)
must include such persons as the Assembly prescribes;
(b)
may include such other persons as appear to the authority to have an
interest in matters relating to development in the area of the authority.
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(4)
The authority and the Assembly must attempt to agree the terms of the
documents mentioned in paragraphs (a) and (b) of subsection (1).
(5)
But to the extent that the Assembly and the authority cannot agree the terms
the Assembly may direct that the documents must be in the terms specified in
the direction.
25
(6)
The authority must comply with the direction.
(7)
The Assembly may prescribe—
(a)
the procedure in respect of the preparation of the documents
mentioned in paragraphs (a) and (b) of subsection (1);
(b)
the form and content of the documents;
30
(c)
the time at which any step in the preparation of the documents must be
taken;
(d)
publicity about the documents;
(e)
making the documents available for inspection by the public;
(f)
circumstances in which the requirements of the documents need not be
35
complied with.
59
Independent examination
(1)
The local planning authority must submit their local development plan to the
Assembly for independent examination.
(2)
But the authority must not submit a plan unless—
40
(a)
they have complied with any relevant requirements contained in
regulations under this Part, and