Planning and Compulsory Purchase Bill

House of Commons

Session 2003 - 04
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Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Schedule 1 — Local development orders: procedure
95

Schedules
Schedule 1
Section 39

Local development orders: procedure

In the principal Act after Schedule 4 (special provision as to land use in 1948)
there is inserted the following Schedule—
5
“Schedule 4A
Local development orders: procedure
Preparation
1     (1)
A local development order must be prepared in accordance with
such procedure as is prescribed by a development order.
10
      (2)
A development order may include provision as to—
(a)
the preparation, submission, approval, adoption, revision
and withdrawal of a local development order;
(b)
notice, publicity, and inspection by the public;
(c)
consultation with and consideration of views of such
15
persons and for such purposes as are prescribed;
(d)
the making and consideration of representations.
      (3)
Regulations under this paragraph may include provision as to the
matters relating to a local development order to be included in the
report to be made by a local planning authority under section 34
20
or 71 of the Planning and Compulsory Purchase Act 2003.
Revision
2     (1)
The local planning authority may at any time prepare a revision of
a local development order.
      (2)
An authority in England must prepare a revision of a local
25
development order—
(a)
if the Secretary of State directs them to do so, and
(b)
in accordance with such timetable as he directs.
      (3)
An authority in Wales must prepare a revision of a local
development order—
30
(a)
if the National Assembly for Wales directs them to do so,
and
(b)
in accordance with such timetable as it directs.
      (4)
If a development plan document mentioned in section 61A(1) is
revised under section 25 of the Planning and Compulsory
35

Planning and Compulsory Purchase Bill
Schedule 2 — Timetable for decisions
96

Purchase Act 2003 (revision of local planning documents) or
revoked under section 24 of that Act (revocation by Secretary of
State) a local development order made to implement the policies
in the document must be revised accordingly.
      (5)
If a local development plan mentioned in section 61A(1) is revised
5
under section 65 of the Planning and Compulsory Purchase Act
2003 (revision of local development plan) or revoked under
section 63 of that Act (revocation by National Assembly for Wales)
a local development order made to implement the policies in the
plan must be revised accordingly.
10
      (6)
This Schedule applies to the revision of a local development order
as it applies to the preparation of the order.
Order to be adopted
3
A local development order is of no effect unless it is adopted by
resolution of the local planning authority.
15
Annual report
4     (1)
The report made under section 34 of the Planning and
Compulsory Purchase Act 2003 must include a report as to the
extent to which the local development order is achieving its
purposes.
20
      (2)
The Secretary of State may prescribe the form and content of the
report as it relates to the local development order.”
5     (1)
The report made under section 71 of the Planning and
Compulsory Purchase Act 2003 must include a report as to the
extent to which the local development order is achieving its
25
purposes.
      (2)
The National Assembly for Wales may prescribe the form and
content of the report as it relates to the local development order.”
Schedule 2
Section 50

Timetable for decisions
30
Decisions
1
This Schedule applies to any decision which must be taken by the Secretary
of State under—
(a)
section 77 of the principal Act (reference of applications to Secretary
of State);
35
(b)
section 78 of the principal Act (right to appeal against planning
decisions).
2     (1)
This Schedule also applies to a decision not mentioned in paragraph 1 if each
of the following two conditions applies.
      (2)
The first condition is that the Secretary of State thinks the decision is
40
connected with a decision mentioned in paragraph 1.

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Schedule 2 — Timetable for decisions
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      (3)
The second condition is that—
(a)
the Secretary of State is required by virtue of any enactment to take
the decision, or
(b)
(in any case to which paragraph (a) does not apply) the Secretary of
State by virtue of a power under any enactment directs that the
5
decision must be referred to him.
3
But the Secretary of State may by order specify decisions or descriptions of
decisions to which a timetable is not to apply.
Timetable
4     (1)
The Secretary of State must make one or more timetables for the purposes of
10
decisions to which this Schedule applies.
      (2)
A timetable may make different provision for different decisions or different
descriptions of decision.
      (3)
A timetable—
(a)
has effect from such time as the Secretary of State determines;
15
(b)
must set out the time within which the decision must be taken;
(c)
may set out the time within which any other step to be taken for the
purposes of the decision must be taken.
      (4)
A timetable made under this paragraph must be published in such form and
manner as the Secretary of State thinks appropriate.
20
Notice
5     (1)
The Secretary of State must notify the following persons as soon as
practicable of the published timetable which applies to a decision—
(a)
the applicant or appellant (as the case may be) in relation to the
decision;
25
(b)
the local planning authority for the area to which the decision relates;
(c)
any other person who requests such notification.
      (2)
But the Secretary of State may direct that the timetable is subject to such
variation as he specifies in the notice under sub-paragraph (1).
      (3)
If the Secretary of State acts under sub-paragraph (2) the notice under sub-
30
paragraph (1) must also specify the reasons for the variation.
      (4)
The timetable notified under this paragraph is the applicable timetable.
Variation
6     (1)
This paragraph applies if before the time at which any step must be taken in
accordance with the applicable timetable the Secretary of State thinks that
35
there are circumstances which are likely to prevent the taking of the step at
that time.
      (2)
The Secretary of State may vary the applicable timetable accordingly.
      (3)
If the Secretary of State varies the applicable timetable under sub-paragraph
(2) he must notify the persons mentioned in paragraph 5(1) of the variation
40
and the reason for it.

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Schedule 3 — Crown application
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Written reasons
7
If the Secretary of State fails to take any step in accordance with the
applicable timetable (or that timetable as varied under paragraph 6) he must
give written reasons to the persons mentioned in paragraph 5(1).
Annual report
5
8     (1)
The Secretary of State must lay before Parliament a report in respect of each
year which—
(a)
reviews his performance under the provisions of this Schedule;
(b)
explains any failure to comply with a timetable.
      (2)
The report must be published in such form and manner as the Secretary of
10
State thinks appropriate.
Schedule 3
Section 74

Crown application
Purchase notices
1
After section 137 of the principal Act (circumstances in which a purchase
15
notice may be served) there is inserted the following section—
“137A  Purchase notices: Crown land
(1)
A purchase notice may be served in respect of Crown land only as
mentioned in this section.
(2)
The owner of a private interest in Crown land must not serve a
20
purchase notice unless—
(a)
he first offers to dispose of his interest to the appropriate
authority on equivalent terms, and
(b)
the offer is refused by the appropriate authority.
(3)
The appropriate authority may serve a purchase notice in relation to
25
the following land—
(a)
land belonging to Her Majesty in right of Her private estates;
(b)
land belonging to Her Majesty in right of the Duchy of
Lancaster;
(c)
land belonging to the Duchy of Cornwall;
30
(d)
land which forms part of the Crown Estate.
(4)
An offer is made on equivalent terms if the price payable for the
interest is equal to (and, in default of agreement, determined in the
same manner as) the compensation which would be payable in
respect of it if it were acquired in pursuance of a purchase notice.
35
(5)
Expressions used in this section and in Part 13 must be construed in
accordance with that Part.”
2
After section 32 of the listed buildings Act (circumstances in which a

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Schedule 3 — Crown application
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purchase notice may be served) there is inserted the following section—
“32A  Purchase notices: Crown land
(1)
A listed building purchase notice may be served in respect of Crown
land only as mentioned in this section.
(2)
The owner of a private interest in Crown land must not serve a listed
5
building purchase notice unless—
(a)
he first offers to dispose of his interest to the appropriate
authority on equivalent terms, and
(b)
the offer is refused by the appropriate authority.
(3)
The appropriate authority may serve a listed building purchase
10
notice in relation to the following land—
(a)
land belonging to Her Majesty in right of Her private estates;
(b)
land belonging to Her Majesty in right of the Duchy of
Lancaster;
(c)
land belonging to the Duchy of Cornwall;
15
(d)
land which forms part of the Crown Estate.
(4)
An offer is made on equivalent terms if the price payable for the
interest is equal to (and, in default of agreement, determined in the
same manner as) the compensation which would be payable in
respect of it if it were acquired in pursuance of a listed building
20
purchase notice.”
Compulsory acquisition
3     (1)
Section 226 of the principal Act (compulsory acquisition of land for
development and other planning purposes) is amended as follows.
      (2)
After subsection (2) there is inserted the following subsection—
25
“(2A)
The Secretary of State must not authorise the acquisition of any
interest in Crown land unless—
(a)
it is an interest which is for the time being held otherwise
than by or on behalf of the Crown, and
(b)
the appropriate authority consents to the acquisition.”
30
      (3)
After subsection (8) there is inserted the following subsection—
“(9)
Crown land must be construed in accordance with Part 13.”
4     (1)
Section 228 of the principal Act (compulsory acquisition of land by the
Secretary of State) is amended as follows.
      (2)
After subsection (1) there is inserted the following subsection—
35
“(1A)
But subsection (1) does not permit the acquisition of any interest in
Crown land unless—
(a)
it is an interest which is for the time being held otherwise
than by or on behalf of the Crown, and
(b)
the appropriate authority consents to the acquisition.”
40
      (3)
After subsection (7) there is inserted the following subsection—
“(8)
Crown land must be construed in accordance with Part 13.”

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Schedule 3 — Crown application
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5     (1)
Section 47 of the listed buildings Act (compulsory acquisition of listed
building in need of repair) is amended as follows.
      (2)
After subsection (6) there is inserted the following subsection—
“(6A)
This section does not permit the acquisition of any interest in Crown
land unless—
5
(a)
it is an interest which is for the time being held otherwise
than by or on behalf of the Crown, and
(b)
the appropriate authority (within the meaning of section 82C)
consents to the acquisition.”
Definitions
10
6     (1)
Section 293 of the principal Act (preliminary definitions) is amended as
follows.
      (2)
In subsection (1) for the definition of “Crown interest” there is substituted
the following definition—
““Crown interest” means any of the following—
15
(a)
an interest belonging to Her Majesty in right of the Crown
or in right of Her private estates;
(b)
an interest belonging to a government department or held
in trust for Her Majesty for the purposes of a government
department;
20
(c)
such other interest as the Secretary of State specifies by
order;”
      (3)
In subsection (2) after paragraph (b) there is inserted the following
paragraph—
“(ba)
in relation to land belonging to Her Majesty in right of Her
25
private estates means a person appointed by Her Majesty in
writing under the Royal Sign Manual or, if no such
appointment is made, the Secretary of State;”
      (4)
In subsection (2) after paragraph (e) there are inserted the following
paragraphs—
30
“(f)
in relation to Westminster Hall and the Chapel of St Mary
Undercroft, means the Lord Great Chamberlain and the
Speakers of the House of Lords and the House of Commons
acting jointly;
(g)
in relation to Her Majesty’s Robing Room in the Palace of
35
Westminster, the adjoining staircase and ante-room and the
Royal Gallery, means the Lord Great Chamberlain.”
      (5)
After subsection (2) there is inserted the following subsection—
“(2A)
For the purposes of an application for planning permission made by
or on behalf of the Crown in respect of land which does not belong
40
to the Crown or in respect of which it has no interest a reference to
the appropriate authority must be construed as a reference to the
person who makes the application.
      (6)
After subsection (3) there are inserted the following subsections—
“(3A)
References to Her Majesty’s private estates must be construed in
45
accordance with section 1 of the Crown Private Estates Act 1862.

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Schedule 3 — Crown application
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(3B)
In subsection (2A) the Crown includes—
(a)
the Duchy of Lancaster;
(b)
the Duchy of Cornwall;
(c)
a person who is an appropriate authority by virtue of
subsection (2)(f) and (g).”
5
      (7)
After subsection (4) there are inserted the following subsections—
“(5)
An order made for the purposes of paragraph (c) of the definition of
Crown interest in subsection (1) must be made by statutory
instrument.
(6)
But no such order may be made unless a draft of it has been laid
10
before and approved by resolution of each House of Parliament.”
7
In the listed buildings Act after section 82B (inserted by section 78(1) there is
inserted the following section—
“82C  Expressions relating to the Crown
(1)
In this Act, expressions relating to the Crown must be construed in
15
accordance with this section.
(2)
Crown land is land in which there a Crown interest or a Duchy
interest.
(3)
A Crown interest is any of the following—
(a)
an interest belonging to Her Majesty in right of the Crown or
20
in right of Her private estates;
(b)
an interest belonging to a government department or held in
trust for Her Majesty for the purposes of a government
department;
(c)
such other interest as the Secretary of State specifies by order.
25
(4)
A Duchy interest is—
(a)
an interest belonging to Her Majesty in right of the Duchy of
Lancaster, or
(b)
an interest belonging to the Duchy of Cornwall.
(5)
A private interest is an interest which is neither a Crown interest nor
30
a Duchy interest.
(6)
The appropriate authority in relation to any land is—
(a)
in the case of land belonging to Her Majesty in right of the
Crown and forming part of the Crown Estate, the Crown
Estate Commissioners;
35
(b)
in relation to any other land belonging to Her Majesty in right
of the Crown, the government department having the
management of the land;
(c)
in relation to land belonging to Her Majesty in right of Her
private estates, a person appointed by Her Majesty in writing
40
under the Royal Sign Manual or, if no such appointment is
made, the Secretary of State;
(d)
in relation to land belonging to Her Majesty in right of the
Duchy of Lancaster, the Chancellor of the Duchy;