Tree preservation orders: Scotland
Mr Secretary Prescott
NC21
To move the following Clause:—
'For section 162 of the Town and Country Planning (Scotland) Act 1997 (Orders affecting land where Forestry Commissioners interested) there is substituted the following section—
"162Tree preservation: Forestry Commissioners (1) A tree preservation order does not have effect in respect of anything done—
| (a) | by or on behalf of the Forestry Commissioners on land placed at their disposal in pursuance of the Forestry Act 1967 or otherwise under their management or supervision: |
| (b) | by or on behalf of any other person in accordance with a plan of operations or other working plan approved by the Forestry Commissioners under a forestry dedication agreement (within the meaning of section 5 of that Act) which is for the time being in force or under conditions of a grant or loan made under section 1 of the Forestry Act 1979. |
(2) A reference to a provision of the Forestry Act 1967 or the Forestry Act 1979 includes a reference to a corresponding provision replaced by that provision or any earlier corresponding provision.".'.
Revocation of planning permission
Mr Andrew Turner
NC6
To move the following Clause:—
'. In the principal Act there is inserted—
"Revocation of planning permission 75A. Where planning permission is granted for any development and—
| (a) | there has been a material inaccuracy in the information provided in the application for that permission; or |
| (b) | there is evidence that the applicant has sought deliberately to mislead the planning authority; |
the planning authority may revoke the grant of planning permission.".'.
Planning permission for subdivision of agricultural holdings for purpose of sale
Mr Andrew Turner
NC7
To move the following Clause:—
'. After section 57 of the principal Act (planning permission required for development) there is inserted the following section— "57A Planning permission for subdivision of agricultural holdings for purposes of sale (1) Planning permission is required for—
| (a) | the subdivision of an agricultural holding for the purpose of sale; and |
| (b) | the sale of an agricultural holding which has been subdivided since the appointed date other than for the purpose of sale. |
(2) In this section—
| (a) | 'subdivision' means land divided into one or more units of less than one hectare, and 'subdivided' shall be interpreted accordingly; |
| (b) | 'agricultural holding' has the same meaning as in the Agricultural Holdings Act 1986; and |
| (c) | 'the appointed date' means 1st July 1993.".'. |
Planning: Retrospective applications
Mr Andrew Turner
NC8
To move the following Clause:—
'. In section 73A (planning permission for development already carried out) of the principal Act after subsection (2) there is inserted—
"(2A) An application for planning permission made to a local planning authority under subsection (1) shall be assigned as a restrospective application.
(2B) In considering a restrospective application the local planning authority shall—
| (a) | consider the application as if work on it had not begun; |
| (b) | have no regard to any financial loss involved to the developers or others should the application not be approved. |
(2C) If planning permission is not granted the local planning authority may require that the site be restored so far as practicable to the state that it was in before development commenced.
(2D) In determining any appeal from a refusal to grant planning permission in respect of a restrospective application, the Secretary of State shall be bound by subsections (2A) and (2B) above.".'.
Qualified third-party right of appeal
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
NC9
To move the following Clause:—
'(1) In section 78 of the principal Act after subsection (2) there is inserted—
"(2A) Where a local planning authority approves an application for planning permission and—
| (a) | the planning application does not accord with the provision of the development plan in force in the area in which the land to which the application relates is situated; or |
| (b) | the planning application is one in which the local authority has an interest as defined in section 316; |
the persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified above are—
| (a) | any persons who have lodged a formal objection to the planning application in writing to the planning authority for the area in which the land to which the application relates is situated; |
| (b) | other persons at the discretion of a person appointed by the Secretary of State for that purpose." |
(2) Section 79 of the principal Act is amended as follows—
| (a) | "In subsection (2), leave out ("either") and after "planning authority" insert "or the applicant (where different from the appellant)." |
| (b) | In subsection (6), after "the determination" insert "(except for appeals as defined in section 78(2A) and where the appellant is as defined in section 78(2B)".'. |
Local development plan
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
NC10
To move the following Clause:—
'(1) The local planning authority must prepare and maintain a plan to be known as their local development plan ("the plan") which will contain a number of Local Development Documents, each of which will cover a different subject matter as specified in the plan.
(2) The plan must specify—
| (a) | the documents which are to be local development documents ("the documents"); |
| (b) | the subject matter and geographical area to which each document is to relate; |
| (c) | which documents (if any) are to be prepared jointly with one or more other local planning authorities which will be treated the same as if one single authority had prepared it; |
| (d) | any matter or area in respect of which the authority have agreed to (or propose to agree) to the constitution of a joint committee under section 28; |
| (e) | the timetable for the preparation and revision of the documents; |
| (f) | such other matters as are prescribed. |
(3) Different plan documents must, amongst other matters, include:
| (a) | those matters in which the County Council or Unitary Authority has a role; |
| (b) | a plan for each of the larger settlements as detailed in the plan; |
| (c) | a plan for any other settlement which may be designated in the plan; |
| (d) | a plan detailing all section 106 matters including the formula or tariff including the provision of social housing; |
| (e) | a plan detailing how specific planning designations, such as Areas of Outstanding Natural Beauty will be operated; |
| (f) | a plan detailing how land use, sustainability and economic regeneration are to be managed; |
| (g) | such other matters as the Secretary of State prescribes. |
(4) The local planning authority may withdraw their plan or documents at any time before they are formally adopted.
(5) The local planning authority must—
| (a) | prepare the plan and documents in accordance with such other requirements as are prescribed; |
| (b) | submit the plan and documents to the Secretary of State at such time as is prescribed or as the Secretary of State (in a particular case) directs; |
| (c) | at that time send a copy of the plan and documents to the RPB or (if the authority are a London borough) to the Mayor of London; |
| (d) | prepare, publish and have regard to a Statement of Community Involvement as negotiated by section 4 of the Local Government Act 2000 (c. 22). |
(6) The Secretary of State may direct the local planning authority to make such amendments to the plan or documents as he thinks appropriate, but only when the Secretary of State and Authority can not agree on any matter.
(7) A direction under subsection (6) above must contain the Secretary of State's reasons for giving it.
(8) The local planning authority must comply with a direction given under subsection (5).
(9) The Secretary of State may make regulations as to the following matters—
| (a) | publicity about the plan and documents; |
| (b) | making the plan and documents available for inspection by the public; |
| (c) | requirements to be met for the purpose of bringing the plan and documents into effect. |
(10) The local planning authority must revise their local development plan and documents—
| (a) | at such time as they consider appropriate; |
| (b) | when directed to do so by the Secretary of State. |
(11) Subsections (2) to (10) above apply to the revision of a plan or documents as they apply to the preparation of the plan or documents.
(12) When preparing the local development plan or documents under (1) and (2) above the local planning authority must have regard to—
| (a) | national policies and advice contained in guidance issued by the Secretary of State; |
| (b) | the RSS for the region in which the area of the authority is situated, if the area is outside Greater London; |
| (c) | the spatial development strategy if the authority are a London borough or if any part of the authority's area adjoins Greater London; |
| (d) | the RSS for any region which adjoins the area of the authority; |
| (e) | the Wales Spatial Plan if any part of the authority's area adjoins Wales; |
| (f) | the community strategy prepared by the authority; |
| (g) | the community strategy for any other authority whose area comprises any part of the area of the local planning authority; |
| (h) | any other local development document which has been adopted by the authority; |
| (i) | the resources likely to be available for implementing the proposals in the document; |
| (j) | such other matters as the Secretary of State prescribes. |
(13) The local planning authority must submit their local development plan and documents in their entirety to the Secretary of State for independent examination.
(14) But the authority must not submit such a plan or document unless—
| (a) | they have complied with any relevant requirements contained in regulations under this Part, and |
| (b) | they are satisfied that they are ready for independent examination. |
(15) The authority must also send to the Secretary of State (in addition to the development plan) such other documents (or copies of documents) and such information as is prescribed.
(16) The examination must be carried out by a person appointed by the Secretary of State to be known as the Independent Inspector.
(17) The purpose of an independent examination is to determine in respect of the local development plan and documents—
| (a) | whether they satisfy the requirements in this section; |
| (b) | whether they are sound in all material aspects. |
(18) Any person who makes representations seeking to change a development plan must (if he so requests) be given the opportunity to submit a summary of each person's representations in writing to the Independent Inspector (as defined in subsection 16), who may decline the evidence if he has reason to believe that it is a repetition of evidence which he has already received from another person.
(19) The Independent Inspector must—
| (a) | make recommendations; and |
| (b) | give reasons for those recommendations. |
(20) The local planning authority must publish the recommendations made under subsection (19).'.
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