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(  5  )

38

Page 28, line 12, leave out “that refusal” and insert “any such refusal”

39

Page 29, line 32, leave out “a” and insert “more than one”

40

Page 29, line 34, leave out “that refusal” and insert “any such refusal”

Clause 44

41

Page 31, line 14, at end insert—

 

“( )   

Any planning application that the Secretary of State declares is of national

 

or regional importance, as designated through subsection (1), must be

 

subject to an economic impact report.

 

( )   

Any planning application for a major infrastructure project based on a site-

 

specific proposal in a national policy statement White Paper shall be

 

considered by an inspector who shall be able to question the need for a

 

specific development.”

Clause 45

42

Leave out Clause 45

Clause 47

43

Page 35, line 41, at end insert—

 

“( )   

for a person obstructing the taking of such steps as are prescribed

 

to be guilty of an offence punishable by a fine not exceeding level 3

 

on the standard scale;”

Before Clause 49

44

Insert the following new Clause—

 

“Development to include certain internal operations

 

(1)   

In the principal Act in section 55 (meaning of development) after

 

subsection (2) there are inserted the following subsections—

 

“(2A)   

The Secretary of State may in a development order specify any

 

circumstances or description of circumstances in which subsection

 

(2) does not apply to operations mentioned in paragraph (a) of that

 

subsection which have the effect of increasing the gross floor space

 

of the building by such amount or percentage amount as is so

 

specified.

 

(2B)   

The development order may make different provision for different

 

purposes.”

 

(2)   

This subsection applies if—

 

(a)   

section 55(2) of the principal Act is disapplied in respect of any

 

operations by virtue of a development order under section 55(2A)

 

of that Act,

 

(b)   

at the date the development order comes into force a certificate

 

under section 192 of the principal Act (certificate of lawfulness of

 

proposed use or development) is in force in respect of the

 

operations, and


 

(  6  )

 
 

(c)   

before that date no such operations have been begun.

 

(3)   

If subsection (2) applies the certificate under section 192 of the principal Act

 

is of no effect.

 

(4)   

A development order made for the purposes of section 55(2A) of the

 

principal Act does not affect any operations begun before it is made.”

After Clause 49

45

Insert the following new Clause—

 

“Duration of planning permission and consent

 

(1)   

Section 91 of the principal Act (limit on duration of planning permission) is

 

amended by inserting at the end of subsection (2) the words “and any other

 

matters which the authority consider relevant”.

 

(2)   

Section 18 of the listed buildings Act (limit of duration of consent) is

 

amended by inserting at the end of subsection (1)(b) the words “and any

 

other matters which the authority consider relevant”.”

Clause 50

46

Page 38, line 14, leave out subsections (1) and (2)

47

Page 39, line 12, leave out subsection (4)

After Clause 50

48

Insert the following new Clause—

 

“Temporary stop notice

 

After section 171D of the principal Act (penalties for non-compliance with

 

planning contravention notice) there are inserted the following sections—

 

“Temporary stop notices

 

171E  Temporary stop notice

 

(1)   

This section applies if the local planning authority think—

 

(a)   

that there has been a breach of planning control in relation

 

to any land, and

 

(b)   

that it is expedient that the activity (or any part of the

 

activity) which amounts to the breach is stopped

 

immediately.

 

(2)   

The authority may issue a temporary stop notice.

 

(3)   

The notice must be in writing and must—

 

(a)   

specify the activity which the authority think amounts to the

 

breach;

 

(b)   

prohibit the carrying on of the activity (or of so much of the

 

activity as is specified in the notice);

 

(c)   

set out the authority’s reasons for issuing the notice.


 

(  7  )

 
 

(4)   

A temporary stop notice may be served on any of the following—

 

(a)   

the person who the authority think is carrying on the

 

activity;

 

(b)   

a person who the authority think is an occupier of the land;

 

(c)   

a person who the authority think has an interest in the land.

 

(5)   

The authority must display on the land—

 

(a)   

a copy of the notice;

 

(b)   

a statement of the effect of the notice and of section 171G.

 

(6)   

A temporary stop notice has effect from the time a copy of it is first

 

displayed in pursuance of subsection (5).

 

(7)   

A temporary stop notice ceases to have effect—

 

(a)   

at the end of the period of 28 days starting on the day the

 

copy notice is so displayed,

 

(b)   

at the end of such shorter period starting on that day as is

 

specified in the notice, or

 

(c)   

if it is withdrawn by the local planning authority.

 

171F  Temporary stop notice: restrictions

 

(1)   

A temporary stop notice does not prohibit—

 

(a)   

the use of a building as a dwelling house;

 

(b)   

the carrying out of an activity of such description or in such

 

circumstances as is prescribed.

 

(2)   

A temporary stop notice does not prohibit the carrying out of any

 

activity which has been carried out (whether or not continuously)

 

for a period of four years ending with the day on which the copy of

 

the notice is first displayed as mentioned in section 171E(6).

 

(3)   

Subsection (2) does not prevent a temporary stop notice

 

prohibiting—

 

(a)   

activity consisting of or incidental to building, engineering,

 

mining or other operations, or

 

(b)   

the deposit of refuse or waste materials.

 

(4)   

For the purposes of subsection (2) any period during which the

 

activity is authorised by planning permission must be ignored.

 

(5)   

A second or subsequent temporary stop notice must not be issued

 

in respect of the same activity unless the local planning authority

 

has first taken some other enforcement action in relation to the

 

breach of planning control which is constituted by the activity.

 

(6)   

In subsection (5) enforcement action includes obtaining the grant of

 

an injunction under section 187B.

 

171G  Temporary stop notice: offences

 

(1)   

A person commits an offence if he contravenes a temporary stop

 

notice—

 

(a)   

which has been served on him, or

 

(b)   

a copy of which has been displayed in accordance with

 

section 171E(5).


 

(  8  )

 
 

(2)   

Contravention of a temporary stop notice includes causing or

 

permitting the contravention of the notice.

 

(3)   

An offence under this section may be charged by reference to a day

 

or a longer period of time.

 

(4)   

A person may be convicted of more than one such offence in

 

relation to the same temporary stop notice by reference to different

 

days or periods of time.

 

(5)   

A person does not commit an offence under this section if he

 

proves—

 

(a)   

that the temporary stop notice was not served on him, and

 

(b)   

that he did not know, and could not reasonably have been

 

expected to know, of its existence.

 

(6)   

A person convicted of an offence under this section is liable—

 

(a)   

on summary conviction, to a fine not exceeding £20,000;

 

(b)   

on conviction on indictment, to a fine.

 

(7)   

In determining the amount of the fine the court must have regard in

 

particular to any financial benefit which has accrued or has

 

appeared to accrue to the person convicted in consequence of the

 

offence.

 

171H  Temporary stop notice: compensation

 

(1)   

This section applies if and only if a temporary stop notice is issued

 

and at least one of the following paragraphs applies—

 

(a)   

the activity which is specified in the notice is authorised by

 

planning permission or a development order or local

 

development order;

 

(b)   

a certificate in respect of the activity is issued under section

 

191 or granted under that section by virtue of section 195;

 

(c)   

the authority withdraws the notice.

 

(2)   

Subsection (1)(a) does not apply if the planning permission is

 

granted on or after the date on which a copy of the notice is first

 

displayed as mentioned in section 171E(6).

 

(3)   

Subsection (1)(c) does not apply if the notice is withdrawn

 

following the grant of planning permission as mentioned in

 

subsection (2).

 

(4)   

A person who at the time the notice is served has an interest in the

 

land to which the notice relates is entitled to be compensated by the

 

local planning authority in respect of any loss or damage directly

 

attributable to the prohibition effected by the notice.

 

(5)   

Subsections (3) to (7) of section 186 apply to compensation payable

 

under this section as they apply to compensation payable under

 

that section; and for that purpose references in those subsections to

 

a stop notice must be taken to be references to a temporary stop

 

notice.””

Clause 51

49

Page 40, leave out line 17 and insert—


 
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