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impose conditions on the sale of parkland by local authorities; to make |
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provision about the circumstances in which a planning application may be |
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rejected by a local authority and about rights of appeal in such circumstances; |
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to prohibit repeated planning applications in certain circumstances; and for |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Sale of parkland by local authorities |
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(1) | This section applies to land owned by a local authority which is— |
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(a) | an area of scattered mature or ancient trees overlying pasture or arable |
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land, which may (but need not) be of particular landscape or historic |
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(b) | laid out as a public garden; |
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(c) | used for the purposes of public recreation; |
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(d) | a disused burial ground; or |
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(e) | an area of open space which particularly benefits wildlife and |
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(2) | A local authority may not sell a piece of land to which this section applies with |
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a view to the land’s being developed (whether by the purchaser of the land or |
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by a subsequent purchaser) unless— |
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(a) | a local referendum has been held in the area of the local authority, and |
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(b) | the majority of the voters in the referendum have voted in favour of the |
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(3) | The Secretary of State may make regulations about local referendums under |
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(1) | A local authority may establish a parkland association in respect of a piece of |
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land to which section 1 applies to carry out such functions in respect of the |
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management of the land as it considers appropriate. |
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(2) | The local authority must ensure that the parkland association is properly |
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representative of the local community. |
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(3) | The Secretary of State may make regulations about parkland associations. |
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3 | Guidance to local planning authorities on proposed development in gardens |
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The Secretary of State must issue guidance to local planning authorities to the |
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(a) | the gardens of private houses should be regarded for development |
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control purposes as greenfield sites, and |
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(b) | applications for planning permission for significant developments in |
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such locations should normally be refused. |
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4 | Right to appeal against grant of planning permission |
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(1) | Section 78 of the principal Act (right to appeal against planning decisions and |
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failure to take such decisions) is amended as follows. |
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(2) | After subsection (2) insert— |
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“(2A) | Where a local planning authority grant an application for planning |
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permission which is inconsistent with— |
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(a) | the development plan, or |
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(b) | any guidance issued under section 3 of the Local Government |
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and Planning (Parkland and Windfall Development) Act 2006 |
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(guidance to local planning authorities on proposed |
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development in gardens of private houses), |
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| any person who is affected by the application, or any society |
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sufficiently representing local amenity interests, may by notice appeal |
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to the Secretary of State.” |
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5 | Power of local planning authority to decline to determine subsequent |
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application where similar applications have been refused |
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(1) | Section 70A of the principal Act (power to decline to determine subsequent |
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application) is amended as follows. |
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(2) | In subsection (2) for “two years” substitute “three years”. |
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6 | Guidance to local planning authorities on protection of trees |
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The Secretary of State must issue guidance to local planning authorities on the |
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use of their powers under section 197 of the principal Act (planning permission |
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to include appropriate provision for preservation and planting of trees) in |
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order to ensure the protection of large or mature trees in urban or suburban |
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There shall be paid out of money provided by Parliament— |
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(a) | any expenses incurred by a Minister of the Crown in consequence of this Act, |
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(b) | any increase attributable to this Act in the sums which under any other Act |
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are payable out of money so provided. |
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(1) | The power of the Secretary of State to make regulations under this Act is |
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exercisable by statutory instrument. |
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(2) | A statutory instrument containing regulations under this Act is subject to |
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annulment in pursuance of a resolution of either House of Parliament. |
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(a) | in relation to England— |
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(iii) | a London borough council, |
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(iv) | the Common Council of the City of London, |
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(v) | the Council of the Isles of Scilly, and |
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(vi) | a parish council; and |
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(b) | in relation to Wales— |
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(ii) | a county borough council, and |
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(iii) | a community council; |
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“local planning authority” has the same meaning as in section 1 of the |
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“the principal Act” means the Town and Country Planning Act 1990 (c. 8). |
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10 | Short title, commencement and extent |
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(1) | This Act may be cited as the Local Government and Planning (Parkland and |
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Windfall Development) Act 2006. |
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(2) | This Act shall come into force at the end of the period of two months beginning |
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with the day on which it is passed. |
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(3) | This Act extends to England and Wales only. |
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