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|(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;|
|(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)".'.|
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
NC10To 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).'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
NC11To 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.'.|
Mr Matthew Green
Mr Edward Davey
NC12To 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;".'.|
|©Parliamentary copyright 2003||Prepared 9 Dec 2003|