|
| |
|
the scheme relates for the purpose of carrying out development of a kind to |
| |
which sub-paragraph (1) applies. |
| |
(4) | In sub-paragraph (1), the reference to restoration includes a reference to |
| |
restoration in the longer term; and, accordingly, a scheme for the restoration |
| |
of land may include provision about aftercare. |
| 5 |
24 (1) | Development shall be carried out in accordance with arrangements |
| |
approved by the county planning authority at the request of the nominated |
| |
undertaker with respect to the routes by which anything is to be transported |
| |
on a highway by a large goods vehicle to— |
| |
(a) | a working or storage site, |
| 10 |
(b) | a site where it will be re-used, or |
| |
(c) | a waste disposal site. |
| |
(2) | No arrangements for the purposes of sub-paragraph (1) shall be required— |
| |
(a) | in relation to transportation on a special road or trunk road, or |
| |
(b) | in relation to transportation to a site where the number of large |
| 15 |
goods vehicle movements (whether to or from the site) does not on |
| |
| |
(3) | The only ground on which the county planning authority may refuse to |
| |
approve arrangements for the purposes of this paragraph is— |
| |
(a) | that the arrangements relate to development which, for the purposes |
| 20 |
of regulating the matter in question, ought to and can reasonably be |
| |
considered in conjunction with other permitted development which |
| |
is to be carried out in the authority’s area, or |
| |
(b) | that the arrangements ought to be modified to preserve the local |
| |
environment, local amenity or a site of archaeological or historic |
| 25 |
interest or nature conservation value, or to prevent or reduce |
| |
prejudicial effects on road safety or on the free flow of traffic in the |
| |
local area, and are reasonably capable of being so modified. |
| |
(4) | The county planning authority may only impose conditions on approval for |
| |
the purposes of this paragraph with the agreement of the nominated |
| 30 |
| |
| |
| |
Programming of requests for planning approvals |
| |
25 | A planning authority shall not be required to entertain a request for |
| 35 |
approval under Part 2 or 3 unless— |
| |
(a) | the nominated undertaker has deposited with the authority a |
| |
document setting out its proposed programme with respect to the |
| |
making of requests under that Part to the authority, and |
| |
(b) | the request is accompanied by a document explaining how the |
| 40 |
matters to which the request relates fit into the overall scheme of the |
| |
works authorised by this Act. |
| |
|
| |
|
| |
|
| |
26 (1) | Where a planning authority considers that a request for approval under Part |
| |
2 or 3 relates to matters which may affect— |
| |
| |
(b) | the conservation of the natural beauty or amenity of the countryside, |
| 5 |
| |
(c) | a site or archaeological or historic interest, |
| |
| it shall within 5 days of receiving the request, invite the appropriate body or |
| |
bodies to make representations. |
| |
(2) | Where under sub-paragraph (1) a planning authority has invited a body to |
| 10 |
make representations about a request for approval under Part 2 or 3, it shall |
| |
not make any decision about the request until— |
| |
(a) | it has received representations from the body about the request, |
| |
(b) | it has been informed by the body that it does not wish to make any |
| |
| 15 |
(c) | 21 days have elapsed since the date of the invitation. |
| |
(3) | An invitation under sub-paragraph (1) shall specify the time limit for |
| |
| |
(4) | For the purposes of this paragraph, the following are the appropriate bodies |
| |
in relation to the following matters— |
| 20 |
| | | | | | | | | | | Conservation of the natural |
| The Countryside Commission.
|
| | | | | | | | | | | | 25 | | Sites of archaeological or |
| The Historic Buildings and |
| | | | | | | | | | | | |
|
27 (1) | Where a planning authority considers that a request for approval under Part |
| |
2 or 3 relates to matters which may affect— |
| 30 |
(a) | the conservation of the natural beauty or amenity of inland or coastal |
| |
waters or land associated with such waters, |
| |
(b) | the conservation of flora or fauna which are dependent on an aquatic |
| |
| |
(c) | the use of such waters or land for recreational purposes, |
| 35 |
| it shall within 5 days of receiving the request, invite the Environment |
| |
Agency to make representations. |
| |
(2) | Where under sub-paragraph (1) above a planning authority has invited the |
| |
Environment Agency to make representations about a request for approval |
| |
under Part 2 or 3, it shall not make any decision about the request until— |
| 40 |
(a) | it has received representations from the Agency about the request, |
| |
(b) | it has been informed by the Agency that it does not wish to make any |
| |
representations about the request, or |
| |
|
| |
|
| |
|
(c) | 21 days have elapsed since the date of the invitation. |
| |
(3) | An invitation under sub-paragraph (1) shall specify the time limit for |
| |
| |
Intervention by the Secretary of State |
| |
28 (1) | The appropriate Ministers may by directions require a planning authority to |
| 5 |
refer any request for approval under Part 2 or 3 to them. |
| |
(2) | In determining a request referred to them under this paragraph, the |
| |
appropriate Ministers shall have the same powers as the authority making |
| |
| |
(3) | The determination by the appropriate Ministers of a request referred to them |
| 10 |
under this paragraph shall be final. |
| |
(4) | Directions under this paragraph may— |
| |
(a) | be given in relation to a specified request or requests of a specified |
| |
| |
(b) | cancel or vary previous directions under this paragraph. |
| 15 |
29 (1) | The appropriate Ministers may by directions restrict a planning authority’s |
| |
powers in relation to the grant of approval under Part 2 or 3. |
| |
(2) | Directions under this paragraph may— |
| |
(a) | be given in relation to a specified approval or approvals of a |
| |
| 20 |
(b) | be expressed to have effect without limit of time or during a specified |
| |
| |
(c) | cancel or vary previous directions under this paragraph. |
| |
| |
30 (1) | Where the nominated undertaker is aggrieved by a decision of a planning |
| 25 |
authority on a request for approval under Part 2 or 3 (including a decision |
| |
under sub-paragraph (2) of paragraph 5, 6, 14, 15 or 21), it may appeal to the |
| |
appropriate Ministers by giving notice of the appeal in the prescribed form |
| |
to them and to the authority whose decision is appealed against within 42 |
| |
days of notification of the decision. |
| 30 |
(2) | On an appeal under this paragraph, the appropriate Ministers may allow or |
| |
dismiss the appeal or vary the decision of the authority whose decision is |
| |
appealed against, but may only make a determination involving the refusal |
| |
of, or imposition of conditions on, approval on grounds open to that |
| |
| 35 |
(3) | Where, following receipt by a planning authority of a request by the |
| |
nominated undertaker for relevant approval, the authority does not notify |
| |
the undertaker within the appropriate period— |
| |
(a) | of its decision on the request, or |
| |
(b) | that the request has been referred to the appropriate Ministers in |
| 40 |
accordance with directions under paragraph 28, |
| |
| this paragraph shall apply as if the authority had refused the request and |
| |
notified the undertaker of its decision on the last day of the appropriate |
| |
| |
|
| |
|
| |
|
(4) | For the purposes of sub-paragraph (3), the appropriate period is the period |
| |
of 8 weeks beginning with the date on which the request was received by the |
| |
planning authority or such extended period as may be agreed upon in |
| |
writing between the authority and the nominated undertaker. |
| |
(5) | The appropriate Ministers may by regulations make provision for the |
| 5 |
extension of the appropriate period for the purposes of sub-paragraph (3) in |
| |
connection with the payment of fees by means of cheque. |
| |
(6) | An agreement under sub-paragraph (4) may be made after, as well as before, |
| |
the end of the appropriate period. |
| |
(7) | No agreement may be made under sub-paragraph (4) to extend a period |
| 10 |
after it has ended if the nominated undertaker has given notice of appeal |
| |
against the refusal which is deemed under sub-paragraph (3) to have |
| |
occurred because of the ending of the period. |
| |
(8) | Where an agreement under sub-paragraph (4) to extend a period is made |
| |
after the period has ended, sub-paragraph (3) shall be treated as not having |
| 15 |
applied when the period ended. |
| |
(9) | In this paragraph, “prescribed” means prescribed by regulations made by |
| |
the appropriate Ministers. |
| |
31 | No appeal under section 78 of the Town and Country Planning Act 1990 |
| |
(c. 8) (right to appeal against planning decisions and failure to take such |
| 20 |
decisions) may be made against a decision, or failure to notify a decision, in |
| |
relation to which a right of appeal arises under paragraph 30. |
| |
32 (1) | Unless the appropriate Ministers direct otherwise, their functions in relation |
| |
to the determination of an appeal under paragraph 30 shall, instead of being |
| |
carried out by them, be carried out by a person appointed by them for the |
| 25 |
| |
(2) | The appropriate Ministers may by a further direction revoke a direction |
| |
under sub-paragraph (1) at any time before the determination of the appeal. |
| |
(3) | A direction under sub-paragraph (1) or (2) shall be served on the nominated |
| |
undertaker and the planning authority whose decision is appealed against. |
| 30 |
(4) | At any time before the determination of an appeal by a person appointed for |
| |
the purpose under this paragraph, the appropriate Ministers may revoke his |
| |
appointment and appoint another person to determine the appeal instead. |
| |
(5) | Where the function of determining an appeal under paragraph 30 is |
| |
transferred from one person to another, the person to whom the function is |
| 35 |
transferred shall consider the matter afresh, but the fact that the function is |
| |
transferred shall not entitle any person to make fresh representations or to |
| |
modify or withdraw any representations already made. |
| |
(6) | If the appropriate Ministers determine an appeal which another person was |
| |
previously appointed to determine, they may, in determining it, take into |
| 40 |
account any report made to them by that person. |
| |
33 | The decision of the person appointed under paragraph 32, or, as the case |
| |
may be, of the appropriate Ministers, on an appeal under paragraph 30 shall |
| |
| |
34 (1) | An appeal under paragraph 30 shall be dealt with on the basis of written |
| 45 |
representations, unless the person deciding the appeal directs otherwise. |
| |
|
| |
|
| |
|
(2) | Subject to that, the appropriate Ministers may by regulations make such |
| |
provision as they think fit about procedure in relation to appeals under |
| |
| |
(3) | Regulations under sub-paragraph (2) may, in particular— |
| |
(a) | make provision for a time limit within which any person entitled to |
| 5 |
make representations must submit them in writing and any |
| |
| |
(b) | empower the person deciding an appeal to proceed to a decision |
| |
taking into account only such written representations and |
| |
supporting documents as were submitted within the time limit, and |
| 10 |
(c) | empower the person deciding an appeal, after giving written notice |
| |
of his intention to do so to the nominated undertaker and the |
| |
planning authority whose decision is appealed against, to proceed to |
| |
a decision notwithstanding that no written representations were |
| |
made within the time limit, if it appears to him that he has sufficient |
| 15 |
material before him to enable him to reach a decision on the merits of |
| |
| |
(4) | Regulations under sub-paragraph (2) may, in relation to such a time limit as |
| |
is mentioned in sub-paragraph (3)(a)— |
| |
(a) | prescribe the time limit in regulations, or |
| 20 |
(b) | enable the appropriate Ministers to give directions setting the time |
| |
limit in a particular case or class of case. |
| |
35 (1) | Regulations under paragraph 30 or 34 may make different provision for |
| |
| |
(2) | The power to make regulations under paragraph 30 or 34 shall be exercisable |
| 25 |
by statutory instrument which shall be subject to annulment in pursuance of |
| |
a resolution of either House of Parliament. |
| |
| |
| |
“building” includes any structure other than— |
| 30 |
(a) | anything in the nature of plant or machinery, |
| |
(b) | any gate, fence, wall or other means of enclosure, or |
| |
(c) | any tunnel, earthwork or railway track bed, |
| |
but does not include anything temporary or, except where forming |
| |
part of a station and intended for use by members of the public |
| 35 |
without a ticket or other permission to travel, anything |
| |
| |
“deemed planning permission” means the permission deemed by |
| |
section 10(1) to be granted; |
| |
“development” has the same meaning as in the Town and Country |
| 40 |
Planning Act 1990 (c. 8); |
| |
“large goods vehicle” has the same meaning as in Part 4 of the Road |
| |
Traffic Act 1988 (c. 52); |
| |
“permitted development” means development to which the deemed |
| |
planning permission relates; |
| 45 |
“railway vehicle” and “track” have the same meanings as in Part 1 of the |
| |
Railways Act 1993 (c. 43); |
| |
|
| |
|
| |
|
“special road” and “trunk road” have the same meanings as in the |
| |
Highways Act 1980 (c. 66). |
| |
(2) | In this Schedule, references to the appropriate Ministers are to the Secretary |
| |
of State for Environment, Food and Rural Affairs and the Secretary of State |
| |
for Transport and, in relation to the carrying out of any function, are to those |
| 5 |
Ministers acting jointly. |
| |
(3) | For the purposes of this Schedule, spoil or top soil is surplus if it is not used |
| |
for the purposes of any of the works authorised by this Act. |
| |
| |
| |
Heritage: disapplication and modification of controls |
| 10 |
Listed buildings and conservation areas |
| |
1 (1) | Subject to sub-paragraph (2), if a listed building was such a building |
| |
immediately before 15th December 2004 and is specified in columns (1) and |
| |
(2) of the following table— |
| |
(a) | section 7 of the Planning (Listed Buildings and Conservation Areas) |
| 15 |
Act 1990 (c. 9) (restriction on works affecting listed buildings) shall |
| |
not apply to works carried out in relation to the building in exercise |
| |
of the powers conferred by this Act, |
| |
(b) | to the extent that a notice issued in relation to the building under |
| |
section 38(1) of that Act (enforcement) requires the taking of steps |
| 20 |
which would be rendered ineffective, or substantially ineffective, by |
| |
works proposed to be carried out in exercise of the powers conferred |
| |
by this Act, it shall not have effect or, as the case may be, shall cease |
| |
| |
(c) | no steps may be taken in relation to the building under section 42(1) |
| 25 |
of that Act (execution of works specified in notice under section |
| |
38(1)) which would be rendered ineffective, or substantially |
| |
ineffective, by works proposed to be carried out in exercise of the |
| |
powers conferred by this Act, and |
| |
(d) | no works may be executed for the preservation of the building under |
| 30 |
section 54 of that Act (urgent works to preserve unoccupied listed |
| |
buildings) which would be rendered ineffective, or substantially |
| |
ineffective, by works proposed to be carried out in exercise of the |
| |
powers conferred by this Act. |
| |
(2) | In the case of any building specified in columns (1) and (2) of the following |
| 35 |
table in relation to which any description of works is specified in column (3) |
| |
of that table, sub-paragraph (1) shall have effect as if the references to works |
| |
carried out in exercise of the powers conferred by this Act were, so far as |
| |
concerns works of demolition or alteration (as opposed to extension), to |
| |
works so carried out which are of a description specified in relation to it in |
| 40 |
| |
(3) | Paragraphs (a) to (d) of sub-paragraph (1) shall also apply in relation to a |
| |
listed building which was not such a building immediately before 15th |
| |
| |
(4) | If a building included in a conservation area and not a listed building— |
| 45 |
|
| |