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38 | Page 28, line 12, leave out “that refusal” and insert “any such refusal” |
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39 | Page 29, line 32, leave out “a” and insert “more than one” |
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40 | Page 29, line 34, leave out “that refusal” and insert “any such refusal” |
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41 | Page 31, line 14, at end insert— |
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| “( ) | Any planning application that the Secretary of State declares is of national |
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| or regional importance, as designated through subsection (1), must be |
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| subject to an economic impact report. |
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| ( ) | Any planning application for a major infrastructure project based on a site- |
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| specific proposal in a national policy statement White Paper shall be |
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| considered by an inspector who shall be able to question the need for a |
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| |
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42 | |
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43 | Page 35, line 41, at end insert— |
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| “( ) | for a person obstructing the taking of such steps as are prescribed |
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| to be guilty of an offence punishable by a fine not exceeding level 3 |
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| |
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44 | Insert the following new Clause— |
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| “Development to include certain internal operations |
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| (1) | In the principal Act in section 55 (meaning of development) after |
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| subsection (2) there are inserted the following subsections— |
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| “(2A) | The Secretary of State may in a development order specify any |
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| circumstances or description of circumstances in which subsection |
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| (2) does not apply to operations mentioned in paragraph (a) of that |
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| subsection which have the effect of increasing the gross floor space |
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| of the building by such amount or percentage amount as is so |
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| |
| (2B) | The development order may make different provision for different |
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| |
| (2) | This subsection applies if— |
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| (a) | section 55(2) of the principal Act is disapplied in respect of any |
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| operations by virtue of a development order under section 55(2A) |
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| |
| (b) | at the date the development order comes into force a certificate |
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| under section 192 of the principal Act (certificate of lawfulness of |
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| proposed use or development) is in force in respect of the |
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| |
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| (c) | before that date no such operations have been begun. |
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| (3) | If subsection (2) applies the certificate under section 192 of the principal Act |
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| |
| (4) | A development order made for the purposes of section 55(2A) of the |
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| principal Act does not affect any operations begun before it is made.” |
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45 | Insert the following new Clause— |
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| “Duration of planning permission and consent |
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| (1) | Section 91 of the principal Act (limit on duration of planning permission) is |
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| amended by inserting at the end of subsection (2) the words “and any other |
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| matters which the authority consider relevant”. |
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| (2) | Section 18 of the listed buildings Act (limit of duration of consent) is |
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| amended by inserting at the end of subsection (1)(b) the words “and any |
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| other matters which the authority consider relevant”.” |
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46 | Page 38, line 14, leave out subsections (1) and (2) |
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47 | Page 39, line 12, leave out subsection (4) |
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48 | Insert the following new Clause— |
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| |
| After section 171D of the principal Act (penalties for non-compliance with |
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| planning contravention notice) there are inserted the following sections— |
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| |
| | 171E Temporary stop notice |
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| (1) | This section applies if the local planning authority think— |
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| (a) | that there has been a breach of planning control in relation |
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| |
| (b) | that it is expedient that the activity (or any part of the |
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| activity) which amounts to the breach is stopped |
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| |
| (2) | The authority may issue a temporary stop notice. |
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| (3) | The notice must be in writing and must— |
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| (a) | specify the activity which the authority think amounts to the |
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| |
| (b) | prohibit the carrying on of the activity (or of so much of the |
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| activity as is specified in the notice); |
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| (c) | set out the authority’s reasons for issuing the notice. |
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| (4) | A temporary stop notice may be served on any of the following— |
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| (a) | the person who the authority think is carrying on the |
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| |
| (b) | a person who the authority think is an occupier of the land; |
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| (c) | a person who the authority think has an interest in the land. |
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| (5) | The authority must display on the land— |
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| (a) | a copy of the notice; |
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| (b) | a statement of the effect of the notice and of section 171G. |
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| (6) | A temporary stop notice has effect from the time a copy of it is first |
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| displayed in pursuance of subsection (5). |
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| (7) | A temporary stop notice ceases to have effect— |
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| (a) | at the end of the period of 28 days starting on the day the |
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| copy notice is so displayed, |
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| (b) | at the end of such shorter period starting on that day as is |
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| specified in the notice, or |
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| (c) | if it is withdrawn by the local planning authority. |
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| | 171F Temporary stop notice: restrictions |
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| (1) | A temporary stop notice does not prohibit— |
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| (a) | the use of a building as a dwelling house; |
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| (b) | the carrying out of an activity of such description or in such |
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| circumstances as is prescribed. |
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| (2) | A temporary stop notice does not prohibit the carrying out of any |
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| activity which has been carried out (whether or not continuously) |
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| for a period of four years ending with the day on which the copy of |
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| the notice is first displayed as mentioned in section 171E(6). |
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| (3) | Subsection (2) does not prevent a temporary stop notice |
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| |
| (a) | activity consisting of or incidental to building, engineering, |
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| mining or other operations, or |
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| (b) | the deposit of refuse or waste materials. |
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| (4) | For the purposes of subsection (2) any period during which the |
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| activity is authorised by planning permission must be ignored. |
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| (5) | A second or subsequent temporary stop notice must not be issued |
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| in respect of the same activity unless the local planning authority |
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| has first taken some other enforcement action in relation to the |
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| breach of planning control which is constituted by the activity. |
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| (6) | In subsection (5) enforcement action includes obtaining the grant of |
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| an injunction under section 187B. |
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| | 171G Temporary stop notice: offences |
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| (1) | A person commits an offence if he contravenes a temporary stop |
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| |
| (a) | which has been served on him, or |
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| (b) | a copy of which has been displayed in accordance with |
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| |
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| (2) | Contravention of a temporary stop notice includes causing or |
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| permitting the contravention of the notice. |
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| (3) | An offence under this section may be charged by reference to a day |
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| or a longer period of time. |
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| (4) | A person may be convicted of more than one such offence in |
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| relation to the same temporary stop notice by reference to different |
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| |
| (5) | A person does not commit an offence under this section if he |
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| |
| (a) | that the temporary stop notice was not served on him, and |
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| (b) | that he did not know, and could not reasonably have been |
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| expected to know, of its existence. |
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| (6) | A person convicted of an offence under this section is liable— |
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| (a) | on summary conviction, to a fine not exceeding £20,000; |
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| (b) | on conviction on indictment, to a fine. |
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| (7) | In determining the amount of the fine the court must have regard in |
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| particular to any financial benefit which has accrued or has |
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| appeared to accrue to the person convicted in consequence of the |
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| |
| | 171H Temporary stop notice: compensation |
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| (1) | This section applies if and only if a temporary stop notice is issued |
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| and at least one of the following paragraphs applies— |
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| (a) | the activity which is specified in the notice is authorised by |
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| planning permission or a development order or local |
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| |
| (b) | a certificate in respect of the activity is issued under section |
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| 191 or granted under that section by virtue of section 195; |
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| (c) | the authority withdraws the notice. |
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| (2) | Subsection (1)(a) does not apply if the planning permission is |
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| granted on or after the date on which a copy of the notice is first |
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| displayed as mentioned in section 171E(6). |
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| (3) | Subsection (1)(c) does not apply if the notice is withdrawn |
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| following the grant of planning permission as mentioned in |
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| |
| (4) | A person who at the time the notice is served has an interest in the |
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| land to which the notice relates is entitled to be compensated by the |
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| local planning authority in respect of any loss or damage directly |
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| attributable to the prohibition effected by the notice. |
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| (5) | Subsections (3) to (7) of section 186 apply to compensation payable |
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| under this section as they apply to compensation payable under |
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| that section; and for that purpose references in those subsections to |
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| a stop notice must be taken to be references to a temporary stop |
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| |
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49 | Page 40, leave out line 17 and insert— |
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|