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 6 — Wales
45

(b)
they think the plan is ready for independent examination.
(3)
The authority must also send to the Assembly (in addition to the local
development plan) such other documents (or copies of documents) and such
information as is prescribed.
(4)
The examination must be carried out by a person appointed by the Assembly.
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(5)
The purpose of the independent examination is to determine in respect of a
local development plan—
(a)
whether it satisfies the requirements of sections 57 and 58 and of
regulations under section 72;
(b)
whether it is sound.
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(6)
Any person who makes representations seeking to change a local development
plan must (if he so requests) be given the opportunity to appear before and be
heard by the person carrying out the examination.
(7)
The person appointed to carry out the examination—
(a)
must make recommendations;
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(b)
give reasons for the recommendations.
(8)
The local planning authority must publish the recommendations and the
reasons.
60
Intervention by Assembly
(1)
If the Assembly thinks that a local development plan is unsatisfactory it may at
20
any time before the plan is adopted by the local planning authority direct them
to modify the plan in accordance with the direction.
(2)
The authority—
(a)
must comply with the direction;
(b)
must not adopt the plan unless the Assembly gives notice that it is
25
satisfied that they have complied with the direction.
(3)
But subsection (2) does not apply if the Assembly withdraws the direction.
(4)
At any time before a local development plan is adopted by a local planning
authority the Assembly may direct that the plan is submitted to it for its
approval.
30
(5)
The following paragraphs apply if the Assembly gives a direction under
subsection (4)—
(a)
the authority must not take any step in connection with the adoption of
the plan until the Assembly gives its decision;
(b)
if the direction is given before the authority have submitted the plan
35
under section 59(1) the Assembly must hold an independent
examination and section 59(4) to (7) applies accordingly;
(c)
if the direction is given after the authority have submitted the plan the
person appointed to carry out the examination must make his
recommendations to the Assembly;
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(d)
the plan has no effect unless it has been approved by the Assembly.
(6)
The Assembly must publish the recommendations made to it by virtue of
subsection (5)(b) or (c).

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(7)
In considering a plan submitted under subsection (4) the Assembly may take
account of any matter which it thinks is relevant.
(8)
It is immaterial whether any such matter was taken account of by the authority.
(9)
The Assembly—
(a)
may approve, approve subject to specified modifications or reject a
5
plan submitted to it under subsection (4);
(b)
must give reasons for its decision under paragraph (a).
(10)
In the exercise of any function under this section the Assembly must have
regard to the documents mentioned in paragraphs (a) and (b) of section 58(1).
61
Withdrawal of local development plan
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(1)
A local planning authority may at any time before a local development plan is
adopted under section 62 withdraw the plan.
(2)
But subsection (1) does not apply to a local development plan at any time after
the plan has been submitted for independent examination under section 59
unless—
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(a)
the person carrying out the examination recommends that the plan is
withdrawn and that recommendation is not overruled by a direction
given by the Assembly, or
(b)
the Assembly directs that the plan must be withdrawn.
62
Adoption of local development plan
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(1)
The local planning authority may adopt a local development plan as originally
prepared if the person appointed to carry out the independent examination of
the plan recommends that the plan as originally prepared is adopted.
(2)
The authority may adopt a local development plan with modifications if the
person appointed to carry out the independent examination of the plan
25
recommends the modifications.
(3)
A plan is adopted for the purposes of this section if it is adopted by resolution
of the authority.
(4)
But the authority must not adopt a local development plan if the Assembly
directs them not to do so.
30
63
Revocation of local development plan
The Assembly may at any time revoke a local development plan at the request
of the local planning authority.
64
Review of local development plan
(1)
A local planning authority must carry out a review of their local development
35
plan at such times as the Assembly prescribes.
(2)
The authority must report to the Assembly on the findings of their review.
(3)
A review must—
(a)
be in such form as is prescribed;

Planning and Compulsory Purchase Bill
Part 6 — Wales
47

(b)
be published in accordance with such requirements as are prescribed.
65
Revision of local development plan
(1)
The local planning authority may at any time prepare a revision of a local
development plan.
(2)
The authority must prepare a revision of a local development plan—
5
(a)
if the Assembly directs them to do so;
(b)
if, following a review under section 64, they think that the plan should
be revised.
(3)
This Part applies to the revision of a local development plan as it applies to the
preparation of the plan.
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66
Assembly’s default power
(1)
This section applies if the Assembly thinks that a local planning authority are
failing or omitting to do anything it is necessary for them to do in connection
with the preparation, revision or adoption of a local development plan.
(2)
The Assembly must hold an independent examination and section 59(4) to (7)
15
applies accordingly.
(3)
The Assembly must publish the recommendations and reasons of the person
appointed to hold the examination.
(4)
The Assembly may—
(a)
prepare or revise (as the case may be) the plan, and
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(b)
approve the plan as a local development plan.
(5)
The authority must reimburse the Assembly for any expenditure it incurs in
connection with anything—
(a)
which is done by it under subsection (4), and
(b)
which the authority failed or omitted to do as mentioned in subsection
25
(1).
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Joint local development plans
(1)
Two or more local planning authorities may agree to prepare a joint local
development plan.
(2)
This Part applies for the purposes of the preparation, revision, adoption,
30
withdrawal and revocation of a joint local development plan as it applies for
the purposes of the preparation, revision, adoption, withdrawal and
revocation of a local development plan.
(3)
For the purposes of subsection (2) anything which must be done by or in
relation to a local planning authority in connection with a local development
35
plan must be done by or in relation to each of the authorities mentioned in
subsection (1) in connection with a joint local development plan.
(4)
Subsections (5) to (7) apply if a local planning authority withdraw from an
agreement mentioned in subsection (1).
(5)
Any step taken in relation to the plan must be treated as a step taken by—
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Planning and Compulsory Purchase Bill
Part 6 — Wales
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(a)
an authority which was a party to the agreement for the purposes of
any corresponding plan prepared by them;
(b)
two or more other authorities who were parties to the agreement for the
purposes of any corresponding joint local development plan.
(6)
Any independent examination of a local development plan to which the
5
agreement relates must be suspended.
(7)
If before the end of the period prescribed for the purposes of this subsection an
authority which was a party to the agreement requests the Assembly to do so
it may direct that—
(a)
the examination is resumed in relation to the corresponding plan;
10
(b)
any step taken for the purposes of the suspended examination has
effect for the purposes of the resumed examination.
(8)
A joint local development plan is a local development plan prepared jointly by
two or more local planning authorities.
Miscellaneous
15
68
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—
(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);
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(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
provisions were replaced by the provisions mentioned in paragraph
(a));
25
(c)
an order under section 1 of the New Towns Act 1981 (c. 64).
(2)
If the Assembly or a local planning authority thinks that a representation made
in relation to a local development plan is in substance a representation or
objection to which this section applies it or they (as the case may be) may
disregard it.
30
69
Urban development corporations
The Assembly may direct that this Part (except section 55) does not apply to the
area of an urban development corporation.
70
Guidance
In the exercise of any function conferred under or by virtue of this Part the local
35
planning authority must have regard to any guidance issued by the Assembly.
71
Annual monitoring report
(1)
Every local planning authority must make an annual report to the Assembly.
(2)
The annual report must contain such information as is prescribed as to the
extent to which the objectives set out in the local development plan are being
40
achieved.

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(3)
The annual report must—
(a)
be made at such time as is prescribed;
(b)
be in such form as is prescribed;
(c)
contain such other matter as is prescribed.
General
5
72
Regulations
(1)
The Assembly may by regulations make provision in connection with the
exercise of functions conferred by this Part on any person.
(2)
The regulations may in particular make provision as to—
(a)
the procedure to be followed by the local planning authority in carrying
10
out the appraisal under section 57(6);
(b)
the procedure to be followed in the preparation of local development
plans;
(c)
requirements about the giving of notice and publicity;
(d)
requirements about inspection by the public of a plan or any other
15
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 plan;
20
(g)
consideration of any such representations;
(h)
the remuneration and allowances payable to the person appointed to
carry out an independent examination under section 59;
(i)
the time at which anything must be done for the purposes of this Part;
(j)
the manner of publication of any draft, report or other document
25
published under this Part;
(k)
monitoring the exercise by local planning authorities of their functions
under this Part.
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Interpretation
(1)
Local development plan must be construed in accordance with section 57.
30
(2)
Local planning authorities are—
(a)
county councils in Wales;
(b)
county borough councils.
(3)
A National Park authority is the local planning authority for the whole of its
area and subsection (2) must be construed subject to that.
35
(4)
The Assembly is the National Assembly for Wales.
(5)
RSS must be construed in accordance with Part 1.
(6)
This section applies for the purposes of this Part.

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning acts
Chapter 1 — England and Wales
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Part 7
Crown application of planning acts
Chapter 1
England and Wales
Crown application
5
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Crown application of planning Acts
(1)
In Part 13 of the principal Act before section 293 (preliminary definitions for
Part 13) there is inserted the following section—
“292A  Application to the Crown
(1)
This Act binds the Crown.
10
(2)
But subsection (1) is subject to express provision made by this Part.”
(2)
In the listed buildings Act after section 82 there is inserted the following
section—
“82A  Application to the Crown
(1)
This Act (except the provisions specified in subsection (2)) binds the
15
Crown.
(2)
These are the provisions—
(a)
section 9;
(b)
section 11(6);
(c)
section 21(7);
20
(d)
section 42(1), (5) and (6);
(e)
section 43;
(f)
section 44A;
(g)
section 54;
(h)
section 55;
25
(i)
section 59;
(j)
section 88A.
(3)
But subsection (2)(a) does not have effect to prohibit the doing of
anything by or on behalf of the Crown which falls within the
circumstances described in section 9(3)(a) to (d) and the doing of that
30
thing does not contravene section 7.”
(3)
In the hazardous substances Act after section 30 there are inserted the
following sections—
“30A  Application to the Crown
(1)
This Act (except the provisions specified in subsection (2)) binds the
35
Crown.
(2)
The provisions are—
(a)
section 8(6);

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning acts
Chapter 1 — England and Wales
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(b)
section 23;
(c)
section 26AA;
(d)
section 36A;
(e)
section 36B(2).”
30B  Crown application: transitional
5
(1)
This section applies if at any time during the establishment period a
hazardous substance was present on, over or under Crown land.
(2)
The appropriate authority must make a claim in the prescribed form
before the end of the transitional period.
(3)
The claim must contain the prescribed information as to—
10
(a)
the presence of the substance during the establishment period;
(b)
how and where the substance was kept and used.
(4)
Unless subsection (5) or (7) applies, the hazardous substances authority
is deemed to have granted the hazardous substances consent claimed
in pursuance of subsection (2).
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(5)
This subsection applies if the hazardous substances authority think that
a claim does not comply with subsection (3).
(6)
If subsection (5) applies, the hazardous substances authority must,
before the end of the period of two weeks starting with the date they
received the claim—
20
(a)
notify the claimant that they think the claim is invalid;
(b)
give their reasons.
(7)
This subsection applies if at no time during the establishment period
was the aggregate quantity of the substance equal to or greater than the
controlled quantity.
25
(8)
Hazardous substances consent which is deemed to be granted under
this section is subject—
(a)
to the condition that the maximum aggregate quantity of the
substance that may be present for the purposes of this
subsection at any one time must not exceed the established
30
quantity;
(b)
to such other conditions (if any) as are prescribed for the
purposes of this section and are applicable in the case of the
consent.
(9)
A substance is present for the purposes of subsection (8)(a) if—
35
(a)
it is on, over or under land to which the claim for consent
relates,
(b)
it is on, over or under other land which is within 500 metres of
it and is controlled by the Crown, or
(c)
it is in or on a structure controlled by the Crown any part of
40
which is within 500 metres of it,

and in calculating whether the established quantity is exceeded a
quantity of a substance which falls within more than one of paragraphs
(a) to (c) must be counted only once.