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 7 — Crown application of planning acts
Chapter 1 — England and Wales
52

(10)
The establishment period is the period of 12 months ending on the day
before the date of commencement of section 74(3) of the Planning and
Compulsory Purchase Act 2003.
(11)
The transitional period is the period of six months starting on the date
of commencement of that section.
5
(12)
The established quantity in relation to any land is the maximum
quantity which was present on, over or under the land at any one time
within the establishment period.”
(4)
Schedule 3 amends the planning Acts in relation to the application of those
Acts to the Crown.
10
National security
75
Special provision relating to national security
(1)
In section 321 of the principal Act (planning inquiries to be held in public
subject to certain exceptions) after subsection (4) there are inserted the
following subsections—
15
“(5)
If the Secretary of State is considering giving a direction under
subsection (3) the Attorney General may appoint a person to represent
the interests of any person who will be prevented from hearing or
inspecting any evidence at a local inquiry if the direction is given.
(6)
A person appointed under subsection (5) must have a general
20
qualification for the purposes of section 71 of the Courts and Legal
Services Act 1990 (c. 41).
(7)
The Lord Chancellor may by rules make provision—
(a)
as to the procedure to be followed by the Secretary of State
before he gives a direction under subsection (3) in a case where
25
a person has been appointed under subsection (5);
(b)
as to the functions of such a person.
(8)
Rules made under subsection (7) must be contained in a statutory
instrument subject to annulment in pursuance of a resolution of either
House of Parliament.”
30
(2)
In Schedule 3 to the listed buildings Act (determination of certain appeals by
person appointed by the Secretary of State), in paragraph 6, after sub-
paragraph (7) there are inserted the following sub-paragraphs—
    “(7A)
If the Secretary of State is considering giving a direction under sub-
paragraph (6) the Attorney General may appoint a person to
35
represent the interests of any person who will be prevented from
hearing or inspecting any evidence at a local inquiry if the direction
is given.
(7B)
A person appointed under sub-paragraph (7A) must have a general
qualification for the purposes of section 71 of the Courts and Legal
40
Services Act 1990.
(7C)
The Lord Chancellor may by rules make provision—
(a)
as to the procedure to be followed by the Secretary of State
before he gives a direction under sub-paragraph (6) in a case

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning acts
Chapter 1 — England and Wales
53

where a person has been appointed under sub-paragraph
(7A);
(b)
as to the functions of such a person.
(7D)
Rules made under sub-paragraph (7C) must be contained in a
statutory instrument subject to annulment in pursuance of a
5
resolution of either House of Parliament.”
(3)
In the Schedule to the hazardous substances Act, in paragraph 6, after sub-
paragraph (7) there are inserted the following sub-paragraphs—
“(7A)
If the Secretary of State is considering giving a direction under sub-
paragraph (6) the Attorney General may appoint a person to
10
represent the interests of any person who will be prevented from
hearing or inspecting any evidence at a local inquiry if the direction
is given.
(7B)
A person appointed under sub-paragraph (7A) must have a general
qualification for the purposes of section 71 of the Courts and Legal
15
Services Act 1990 (c. 41).
(7C)
The Lord Chancellor may by rules make provision—
(a)
as to the procedure to be followed by the Secretary of State
before he gives a direction under sub-paragraph (6) in a case
where a person has been appointed under sub-paragraph
20
(7A);
(b)
as to the functions of such a person.
(7D)
Rules made under sub-paragraph (7C) must be contained in a
statutory instrument subject to annulment in pursuance of a
resolution of either House of Parliament.”
25
76
Special provision relating to national security: Wales
(1)
After section 321 of the principal Act (planning inquiries to be held in public
subject to certain exceptions) there is inserted the following section—
“321A  Special provision in relation to planning inquiries: Wales
(1)
This section applies if the matter in respect of which a local inquiry to
30
which section 321 applies is to be held relates to Wales.
(2)
The reference in section 321(5) to the Attorney General must be read as
a reference to the Counsel General to the National Assembly for Wales.
(3)
The Assembly may by regulations make provision as mentioned in
section 321(7) in connection with a local inquiry to which this section
35
applies.
(4)
If the Assembly acts under subsection (3) rules made by the Lord
Chancellor under section 321(7) do not have effect in relation to the
inquiry.
(5)
The Counsel General to the National Assembly for Wales is the person
40
appointed by the Assembly to be its chief legal adviser (whether or not
he is known by that title).
(6)
Section 333(3) does not apply to regulations made under subsection
(4).”

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning acts
Chapter 1 — England and Wales
54

(2)
In Schedule 3 to the listed buildings Act (determination of certain appeals by
person appointed by the Secretary of State), after paragraph 7 there is inserted
the following paragraph—
“Local inquiries: Wales
8     (1)
This paragraph applies in relation to a local inquiry held in
5
pursuance of this Schedule if the matter in respect of which the
inquiry is to be held relates to Wales.
      (2)
The reference in paragraph 6(7A) to the Attorney General must be
read as a reference to the Counsel General to the National Assembly
for Wales.
10
      (3)
The Assembly may by regulations make provision as mentioned in
paragraph 6(7C) in connection with a local inquiry to which this
section applies.
      (4)
If the Assembly acts under sub-paragraph (3) rules made by the Lord
Chancellor under paragraph 6(7C) do not have effect in relation to
15
the inquiry.
      (5)
The Counsel General to the National Assembly for Wales is the
person appointed by the Assembly to be its chief legal adviser
(whether or not he is known by that title).
      (6)
Section 93(3) does not apply to regulations made under this
20
paragraph.”
(3)
In the Schedule to the hazardous substances Act, after paragraph 7 there is
inserted the following paragraph—
“Local inquiries: Wales
8     (1)
This paragraph applies in relation to a local inquiry held in
25
pursuance of this Schedule if the matter in respect of which the
inquiry is to be held relates to Wales.
      (2)
The reference in paragraph 6(7A) to the Attorney General must be
read as a reference to the Counsel General to the National Assembly
for Wales.
30
      (3)
The Assembly may by regulations make provision as mentioned in
paragraph 6(7C) in connection with a local inquiry to which this
section applies.
      (4)
If the Assembly acts under sub-paragraph (3) rules made by the Lord
Chancellor under paragraph 6(7C) do not have effect in relation to
35
the inquiry.
      (5)
The Counsel General to the National Assembly for Wales is the
person appointed by the Assembly to be its chief legal adviser
(whether or not he is known by that title).
      (6)
Section 40(3) does not apply to regulations made under this
40
paragraph.

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning acts
Chapter 1 — England and Wales
55

Urgent development and works
77
Urgent Crown development
(1)
Before section 294 of the principal Act (special enforcement notices in relation
to development on Crown land) there is inserted the following section—
“293A  Urgent Crown development: application
5
(1)
This section applies to a development if the appropriate authority
certifies—
(a)
that the development is of national importance, and
(b)
that it is necessary that the development is carried out as a
matter of urgency.
10
(2)
The appropriate authority may, instead of making an application for
planning permission to the local planning authority in accordance with
Part 3, make an application for planning permission to the Secretary of
State under this section.
(3)
If the appropriate authority proposes to make the application to the
15
Secretary of State it must publish in one or more newspapers
circulating in the locality of the proposed development a notice—
(a)
describing the proposed development, and
(b)
stating that the authority proposes to make the application to
the Secretary of State.
20
(4)
For the purposes of an application under this section the appropriate
authority must provide to the Secretary of State—
(a)
any matter required to be provided by an applicant for planning
permission in pursuance of regulations made under section
71A;
25
(b)
a statement of the authority’s grounds for making the
application.
(5)
If the appropriate authority makes an application under this section
subsections (6) to (9) below apply.
(6)
The Secretary of State may require the authority to provide him with
30
such further information as he thinks necessary to enable him to
determine the application.
(7)
As soon as practicable after he is provided with any document or other
matter in pursuance of subsection (4) or (6) the Secretary of State must
make a copy of the document or other matter available for inspection
35
by the public in the locality of the proposed development.
(8)
The Secretary of State must in accordance with such requirements as
may be prescribed publish notice of the application and of the fact that
such documents and other material are available for inspection.
(9)
The Secretary of State must consult—
40
(a)
the local planning authority for the area to which the proposed
development relates, and
(b)
such other persons as may be prescribed,

about the application.

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning acts
Chapter 1 — England and Wales
56

(10)
Subsections (4) to (7) of section 77 apply to an application under this
section as they apply to an application in respect of which a direction
under section 77 has effect.”
(2)
In section 284 of the principal Act (validity of certain matters) in subsection (3)
at the end there is inserted the following paragraph—
5
“(i)
any decision on an application for planning permission under
section 293A.”
78
Urgent works relating to Crown land
(1)
After section 82A of the listed buildings Act (inserted by section 74(2)) there is
inserted the following section—
10
“82B  Urgent works relating to Crown land: application
(1)
This section applies to any works proposed to be executed in
connection with any building which is on Crown land if the
appropriate authority certifies—
(a)
that the works are of national importance, and
15
(b)
that it is necessary that the works are carried out as a matter of
urgency.
(2)
The appropriate authority may, instead of making an application for
consent to the local planning authority in accordance with this Act,
make an application for consent to the Secretary of State under this
20
section.
(3)
If the appropriate authority proposes to make the application to the
Secretary of State it must publish in one or more newspapers
circulating in the locality of the building a notice—
(a)
describing the proposed works, and
25
(b)
stating that the authority proposes to make the application to
the Secretary of State.
(4)
For the purposes of an application under this section the appropriate
authority must provide to the Secretary of State a statement of the
authority’s grounds for making the application.
30
(5)
If the appropriate authority makes an application under this section
subsections (6) to (9) below apply.
(6)
The Secretary of State may require the authority to provide him with
such further information as he thinks necessary to enable him to
determine the application.
35
(7)
As soon as practicable after he is provided with any document or other
matter in pursuance of subsection (4) or (6) the Secretary of State must
make a copy of the document or other matter available for inspection
by the public in the locality of the proposed development.
(8)
The Secretary of State must in accordance with such requirements as
40
may be prescribed publish notice of the application and of the fact that
such documents and other material are available for inspection.
(9)
The Secretary of State must consult—
(a)
the local planning authority for the area to which the proposed
development relates, and
45

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning acts
Chapter 1 — England and Wales
57

(b)
such other persons as may be prescribed,

about the application.
(10)
Subsections (4) and (5) of section 12 apply to an application under this
section as they apply to an application in respect of which a direction
under section 12 has effect.”
5
(2)
In section 62 of the listed buildings Act (validity of certain matters) in
subsection (2) at the end there is inserted the following paragraph—
“(d)
any decision on an application for listed building consent under
section 82B.”.
Enforcement
10
79
Enforcement in relation to Crown land
(1)
Section 296 of the principal Act (exercise of powers in relation to Crown land)
is omitted.
(2)
After section 296 there are inserted the following sections—
“296A
Enforcement in relation to the Crown
15
(1)
No act or omission done or suffered by or on behalf of the Crown
constitutes an offence under this Act.
(2)
A local planning authority must not take any step for the purposes of
enforcement in relation to Crown land unless it has the consent of the
appropriate authority.
20
(3)
The appropriate authority may give consent under subsection (2)
subject to such conditions as it thinks appropriate.
(4)
A step taken for the purposes of enforcement is anything done in
connection with the enforcement of anything required to be done or
prohibited by or under this Act.
25
(5)
A step taken for the purposes of enforcement includes—
(a)
entering land;
(b)
bringing proceedings;
(c)
the making of an application.
(6)
A step taken for the purposes of enforcement does not include—
30
(a)
service of a notice;
(b)
the making of an order (other than by a court).
296B
References to an interest in land
(1)
Subsection (2) applies to the extent that an interest in land is a Crown
interest or a Duchy interest.
35
(2)
Anything which requires or is permitted to be done by or in relation to
the owner of the interest in land must be done by or in relation to the
appropriate authority.
(3)
An interest in land includes an interest only as occupier of the land.”
(3)
After section 82C of the listed buildings Act (inserted by Schedule 3) there are
40

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning acts
Chapter 1 — England and Wales
58

inserted the following sections—
“82D
Enforcement in relation to the Crown
(1)
No act or omission done or suffered by or on behalf of the Crown
constitutes an offence under this Act.
(2)
A local planning authority must not take any step for the purposes of
5
enforcement in relation to Crown land unless it has the consent of the
appropriate authority.
(3)
The appropriate authority may give consent under subsection (2)
subject to such conditions as it thinks appropriate.
(4)
A step taken for the purposes of enforcement is anything done in
10
connection with the enforcement of anything required to be done or
prohibited by or under this Act.
(5)
A step taken for the purposes of enforcement includes—
(a)
entering land;
(b)
bringing proceedings;
15
(c)
the making of an application.
(6)
A step taken for the purposes of enforcement does not include—
(a)
service of a notice;
(b)
the making of an order (other than by a court).
82E
References to an interest in land
20
(1)
Subsection (2) applies to the extent that an interest in land is a Crown
interest or a Duchy interest.
(2)
Anything which requires or is permitted to be done by or in relation to
the owner of the interest in land must be done by or in relation to the
appropriate authority.
25
(3)
An interest in land includes an interest only as occupier of the land.”
(4)
After section 30B of the hazardous substances Act (inserted by section 74(3))
there are inserted the following sections—
“30C
Enforcement in relation to the Crown
(1)
No act or omission done or suffered by or on behalf of the Crown
30
constitutes an offence under this Act.
(2)
A local planning authority must not take any step for the purposes of
enforcement in relation to Crown land unless it has the consent of the
appropriate authority.
(3)
The appropriate authority may give consent under subsection (2)
35
subject to such conditions as it thinks appropriate.
(4)
A step taken for the purposes of enforcement is anything done in
connection with the enforcement of anything required to be done or
prohibited by or under this Act.
(5)
A step taken for the purposes of enforcement includes—
40
(a)
entering land;
(b)
bringing proceedings;