|
| |
|
| |
| |
| |
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 |
| |
Local development orders: procedure |
| |
| |
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. |
| |
| |
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 |
| |
(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 |
| |
| 30 |
(a) | if the National Assembly for Wales directs them to do so, |
| |
| |
(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 |
|
| |
|
| |
|
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. |
| |
| |
3 | A local development order is of no effect unless it is adopted by |
| |
resolution of the local planning authority. |
| 15 |
| |
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 |
| |
| 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 |
| |
(2) | The National Assembly for Wales may prescribe the form and |
| |
content of the report as it relates to the local development order.” |
| |
| |
| |
| 30 |
| |
1 | This Schedule applies to any decision which must be taken by the Secretary |
| |
| |
(a) | section 77 of the principal Act (reference of applications to Secretary |
| |
| 35 |
(b) | section 78 of the principal Act (right to appeal against planning |
| |
| |
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. |
| |
|
| |
|
| |
|
(3) | The second condition is that— |
| |
(a) | the Secretary of State is required by virtue of any enactment to take |
| |
| |
(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. |
| |
| |
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. |
| |
| |
(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 |
| |
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 |
| |
| 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. |
| |
| |
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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
| |
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). |
| |
| 5 |
8 (1) | The Secretary of State must lay before Parliament a report in respect of each |
| |
| |
(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. |
| |
| |
| |
| |
| |
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 |
| |
(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 |
| |
(a) | land belonging to Her Majesty in right of Her private estates; |
| |
(b) | land belonging to Her Majesty in right of the Duchy of |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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.” |
| |
|
| |
|
| |
|
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 |
| |
| 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.” |
| |
| 10 |
6 (1) | Section 293 of the principal Act (preliminary definitions) is amended as |
| |
| |
(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 |
| |
| 20 |
(c) | such other interest as the Secretary of State specifies by |
| |
| |
(3) | In subsection (2) after paragraph (b) there is inserted the following |
| |
| |
“(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 |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(c) | such other interest as the Secretary of State specifies by order. |
| 25 |
| |
(a) | an interest belonging to Her Majesty in right of the Duchy of |
| |
| |
(b) | an interest belonging to the Duchy of Cornwall. |
| |
(5) | A private interest is an interest which is neither a Crown interest nor |
| 30 |
| |
(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 |
| |
| 35 |
(b) | in relation to any other land belonging to Her Majesty in right |
| |
of the Crown, the government department having the |
| |
| |
(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; |
| |
|
| |
|