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.".'.
Failure to comply with notice to ensure proper maintenance of Green Belt land
Mr Richard Ottaway
NC18
To move the following Clause:—
'After section 219 (Execution and cost of works required by a 215 notice) of the principal Act there is inserted the following section—
"Failure to comply with notice to ensure proper maintenance of Green Belt land
| (1) | This section applies when a notice has been served under section 215 in respect of land which is designated as Green Belt land. |
| (2) | If, within the period specified in a notice under section 215 in accordance with subsection (2) of that section, or within such extended period as the local planning authority who served the notice may allow, any steps required by the notice to be taken have not been taken, the local authority may acquire the land compulsorily. |
| (3) | Land which is compulsorily purchased under this section shall be made available for community use which is consistent with its Green Belt status. |
| (4) | In this section "Green Belt land" shall have the same meaning as in the Green Belt (London and Home Counties) Act 1938.".'. |
Local Development Plan (No. 2)
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
NC19
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 ("the Documents"), each of which will cover a different subject matter as specified in the plan.
(2) The Plan must specify—
| (b) | the subject matter and geographical area to which each of the Documents 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 (or propose to agree) to the constitution of a joint committee under section 28; |
| (e) | such other matters as are prescribed. |
(3) When preparing the Plan or the 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 Plan of any adjoining Local Planning Authority together with any of its documents which may be relevant; |
| (g) | the community strategy prepared by the authority; |
| (h) | the community strategy for any other authority whose area comprises any part of the area of the local planning authority; |
| (i) | any other local development document which has been adopted by the authority; |
| (j) | the resources likely to be available for implementing the proposals in the Documents; |
(4) The "Documents" must include inter alia—
| (a) | a statement of those matters in which the County Council has a role; |
| (b) | a Document for each of the larger settlements as detailed in the "plan". |
| (c) | a Document for any other settlement which may be designated in the plan; |
| (d) | a Document detailing the matters relating to the Authority's policies on planning contributions and the provisions of social housing; |
| (e) | a "document" containing policies for areas where there are specific planning designations, such as Areas of Outstanding Natural Beauty and National Parks; |
| (f) | a Document detailing how land use, sustainability and economic regeneration are to be managed; |
| (g) | such other matters as the Secretary of State prescribes. |
(5) The local planning authority must—
| (a) | prepare the Plan and the Documents in accordance with such other requirements as are prescribed; |
| (b) | submit the Plan and the 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 the 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 when preparing the Plan and the Documents as negotiated by section 4 of the Local Government Act 2000 (c. 22). |
(6) The local planning authority may withdraw the Plan or the Documents at any time before submission to the Secretary of State in accordance with (5)(b).
(7) The Secretary of State may direct the local planning authority to make such amendments to the Plan or the Documents as he thinks appropriate.
(8) A direction under subsection (7) above must contain the Secretary of State's reasons for giving it.
(9) The Secretary of State may make regulations as to the following matters—
| (a) | publicity about the Plan and the Documents; |
| (b) | making the Plan and the Documents available for inspection by the public; |
| (c) | requirements and timetable to be met for the purpose of bringing the Plan and the Documents into effect, which may not exceed six months. |
(10) The local planning authority must revise their local development plan and Documents—
| (a) | at such time as they consider appropriate, which may not be later than five years from the date the plan came into effect; |
| (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 the Documents.
(12) The local planning authority must submit their local development plan and documents in their entirety to the Secretary of State for independent examination at the times and in the manner laid down in subsections (5) and (10).
(13) 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. |
(14) 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.
(15) The examination must be carried out by a person appointed by the Secretary of State to be known as "the Independent Inspector."
(16) 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; |
| (c) | whether all or part of the Plan and the Documents need to be subject of the examination. |
(17) Any person who makes representations seeking to change a development Plan or Documents must (if he so requests) be given the opportunity to submit a summary of his representations in writing to the Independent Inspector who may decline to hear either in writing or orally the evidence if he has reason to believe that it is a repetition of evidence which he has already received from another person.
(18) The independent inspector must within three months unless otherwise directed by the Secretary of State—
| (a) | make recommendations; |
| (b) | give reasons for the recommendations. |
(19) The local planning authority must within one month publish the recommendations made under subsection (18) which must be either confirmed by the Secretary of State or modified and published with reasons within the prescribed period under subsection (9) (c).
(20) The local planning authority must comply with directions given by the Secretary of State under subsections (2), (4), (6), (7), (9), (10), (12), (14), (18) and (19).'.
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