Return of land compulsorily acquired ("Crichel Down rules")
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
NC11
To move the following Clause:—
'. The Secretary of State may by regulation make provision regarding the return to its former owner by way of sale, of land—
| (a) | acquired by or under the threat of compulsory purchase, and |
| (b) | which is no longer required for the purpose for which it was acquired.'. |
Access for Disabled People
Mr Matthew Green
Mr Edward Davey
NC12
To move the following Clause:—
'.(1) In the principal Act for section 76 (duty to draw attention to certain provisions for benefit of disabled) there is substituted the following section—
"76 Access Statements (1) Any application for planning permission shall not be entertained by the local planning authority, or as the case may be, by the Secretary of State unless it is accompanied by an access statement.
(2) An 'access statement' is a statement which demonstrates that the applicant has fully considered the access requirements of disabled people in relation to the whole development and has described how they intend to meet them.
(3) An access statement shall, in particular demonstrate that the proposed development complies with relevant statutory duties, relevant access standards and any policies on inclusive design included in the local planning authority's development plan.
(4) Relevant statutory duties include—
| (a) | the duties of persons providing buildings to which the public are to be admitted, under sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970 to make provision for members of the public who are disabled; |
| (b) | the duties of persons providing universities, schools, offices and other premises, under sections 7, 8 and 8A of that Act, to make provision for people who are disabled; |
| (c) | the duties of employers and trade organisations, under sections 6 and 15 of the Disability Discriminations Act 1995 and under any code of practice issued by the Disability Rights Commission under section 53A of that Act, to make adjustments to premises; |
| (d) | the duties of service providers, under section 21 of that Act and under any code of practice issued by the Disability Rights Commission under section 53A of that Act, to make adjustments to premises; and |
| (e) | the duties of education providers under section 28T of the Disability Discrimination Act 1995 and under any code of practice issued by the Disability Rights Commission under section 53A of that Act; |
(5) Relevant access standards include—
| (a) | British Standard 8300 'Designing buildings and their approaches to meet the needs of disabled people' or any document replacing it; and |
| (b) | in the case of developments related to new housing, the Lifetime Homes standard.". |
(2)In the principal Act, after section 76 there is inserted the following section— "76A. Duty to have special regard to needs of disabled people (1) In dealing with an application to which this section applies the local planning authority, or as the case may be, the Secretary of State shall have special regard to the needs of disabled people and in particular the duties and standards mentioned in section 76.
(2) This section applies to—
| (a) | an application under section 62 or 73 for planning permission; |
| (b) | an application under section 92 for the approval of reserved matters; and |
| (c) | an application for the approval of details required under a condition of a grant of planning permission (including a permission granted by a development order). |
(3) In this section, the terms 'disabled' and 'disabled people' shall be construed in accordance with section 1 of the Disability Discrimination Act 1995.".
(3) In the listed buildings Act 1990— (a) in section 16 (decision on application), after subsection (2) there is inserted the following subsection—
| "(2A) | In considering whether to grant listed building consent for any works or to approve details under a condition of a listed building consent, the local planning authority or the Secretary of State shall also have special regard to the needs of disable people." |
(b) in section 91(2) (interpretation), before "development plan", there is inserted "disabled people,".
(4)In the Ancient Monuments and Archaeological Areas Act 1979— (a) in section 2 (control of works affecting scheduled monuments), after subsection (3) there is inserted the following subsection—
| "(3A) | In considering whether to grant scheduled monument consent for any works or to approve details under a condition of such a consent, the Secretary of State shall have special regard to the needs of disabled people.". |
(b) in section 61(1) (interpretation), before "designation order" there is inserted—
| " | "disabled people" has the same meaning as in the Disability Discrimination Act 1995;".'. |
Development control
Mr Matthew Green
Mr Edward Davey
Sue Doughty
NC13
To move the following Clause:—
'. (1) In the Principal Act after section 55 Part III (meaning of development) subsection (2A) there is inserted—
| "(2) | The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land— |
(a) the carrying out for the maintenance, improvement or other alteration of any building works which—
| (i) | affect only the interior of the building, or |
| (ii) | do not materially affect the external appearance of the building |
| (iii) | do not materially increase the overall retail sales floor area of the building by more than 10% |
and are not works for the making good war damage or works begun after December 5 1968 for the alteration of a building by providing additonal space in it underground.".'.
Right to appeal against planning decisions
Mr Matthew Green
Mr Edward Davey
NC14
To move the following Clause:—
'.(1) After section 78, subsection (2), of the principal Act 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 provisions 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 does not accord with the terms of any Statement of Development Principle issued within the previous twelve months for the land to which the application is situated; or |
(b) the planning application is one in which the local authority has an interest as defined in section 316,
any persons who have lodged a formal objection to the planning application in writing to the planning authority for the aea in which the land to which the application relates is situted may by notice appeal to the Secretary of State against the approval of planning permission.
(2)Section 79 of the principal Act is amended as follows— In subsection (2), leave out ("either") and after "planning authority" insert "or the applicant (where different from the appellant).".
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)").'.
Right to appeal against failure to take planning decisions
Mr Matthew Green
Mr Edward Davey
NC15
To move the following Clause:—
'.(1) Section 78 of the principal Act is amended as follows—
Leave out subsection (1), (3) and (5).
In subsection (2), leave out ("such an application may also") and insert "an application for planning permission may".
(2) Section 79 of the principal Act is amended as follows—
Leave out subsection (1)(b).
Leave out subsection (6)(b)".'.
Railway undertakers: amendment of Town and Country Planning (General Permitted Development) Orders 1995 and 2001
Mr Matthew Green
Mrs Patsy Calton
NC16
To move the following Clause:—
'(1) Schedule to the Town and Country Planning (General Permitted Development) Order 1995 is amended as follows—
| (a) | In Part 11 (Development under Local or Private Acts or Orders), A.1 (a), by leaving out "or dam" and inserting "dam, or telecommuncations mast over 15 metres in height (including the base station)"; and |
| (b) | In Part 17 (Development by statutory undertakers), A.1 (b), by leaving out "or bridge" and inserting ", bridge, or telecommuncations mast over 15 metres in height (including the base station)". |
(2) The provisions of Schedule 2, Part 24 of that Order (development by Telecommunications Code System Operators) shall apply to railway undertakers.
(3) The provisions of Part 24 (development by Telecommunications Code System Operators) of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2001 shall apply to railway undertakers.
(4) In this section "railway undertakers" means persons authorised by any enactment to carry on a railway undertaking or the lessees of such persons.'.
Prevention of activities required to cease by enforcement notices and stop notices
Mr David Curry
Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mark Field
Mr Andrew Selous
NC17
To move the following Clause:—
(1) For subsection 178(1) of the principal Act there is substituted the following subsection—
"(1) Where any steps required by an enforcement notice to be taken are not taken or activities required by such a notice to cease have not ceased within the period for compliance with the notice, the local planning authority may¸
| (a) | enter the land and take the steps or remove any moveable objects which appear to them to be used for the activities; and |
| (b) | recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.". |
(2) In subsection 178(2) of the principle Act after "taken" there is inserted "or removing objects".
(3) In subsection 178(3) of the principle Act at end there is inserted "or activities required by such a notice to cease".
(4) In subsection 184(6) of the principle Act for "section 187" there is substituted "sections 186A and 187".
(5) In the principle Act the following section is inserted after section 186.
"186A Enforcement of stop notice(1) Where any activities required by a stop notice to cease have not ceased before the notice takes effect, the local planning authority may—
| (a) | enter the land and remove any moveable objects which appear to them to be used for the activities; and |
| (b) | recover from the person who is then the owner or occupier of the land any expenses reasonably incurred by them in doing so. |
(2) Where a stop notice has been served or a site notice displayed in respect of any breach of planning control—
| (a) | any expenses incurred by the owner or occupier of any land for the purpose of complying with the notice, and |
| (b) | any sums paid by the owner or occupier of any land under subsection (1) in respect of expenses incurred by the local planning authority in removing objects, |
| | shall be deemed to be incurred or paid for the use and at the request of the person by whom the breach of planning control was committed. |
(3) Regulations made under this section may provide that—
| (a) | section 276 of the Public Health Act 1936, (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale); and |
| (b) | section 294 of that Act (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act), |
shall apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any activities required by a stop notice to cease.
(4) Regulations under subsection (3) applying section 289 of the Public Health Act 1936 may include adaptations and modifications for the purpose of giving the owner of land to which stop notice relates the right, as against all other persons interested in the land, to comply with the requirements of the stop notice.
(5) Regulations under subsection (3) may also provide for the charging on the land of any expenses recoverable by a local planning authority under subsection (1).
(6) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.".'.
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