Abandoned Waterways Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Abandoned Waterways Bill

Abandoned Waterways Bill

Contents

Duties of local planning authorities

1

Definition of “abandoned waterway”

2

Planning applications relevant to abandoned waterways

3

Planning applications relevant to alternative routes of abandoned waterways

Guidance and appeals

4

Guidance

5

Right to appeal against grant of planning permission

Miscellaneous and final provisions

6

Interpretation

7

Expenses

8

Short title, commencement and extent

Bill 95

54/1

Abandoned Waterways Bill

1

A

Bill

To

Make provision about the protection of abandoned inland waterways; and for

connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Duties of local planning authorities

1

Definition of “abandoned waterway”

(1)

For the purposes of this Act, an “abandoned waterway” is—

(a)

any canal or inland waterway that is no longer navigable by a boat for

whatever reason; and

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(b)

any works, lands or premises used in connection with such canal or

inland navigation necessary for its effective operation, including—

(i)

locks,

(ii)

towpaths,

(iii)

associated earthworks, embankments and cuttings,

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(iv)

associated reservoirs and feeder channels,

(v)

associated land necessary for vehicular access,

(vi)

bridges, tunnels and aqueducts, and

(vii)

ancillary buildings and wharves.

2

Planning applications relevant to abandoned waterways

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(1)

This section applies to any application for planning permission for any

development of land which, in the opinion of the local planning authority,

might affect an abandoned waterway.

(2)

In determining applications to which this section applies, a local planning

authority must have regard to the safeguarding of opportunities for the

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restoration of abandoned waterways.

Bill 95 54/1

Abandoned Waterways Bill

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(3)

In carrying out its duty under subsection (1), a local planning authority must

have particular regard to—

(a)

whether the proposed development would enhance or diminish the

likelihood of the abandoned waterway’s future restoration;

(b)

the impact of the proposed development on the cost of any future

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restoration of the inland waterway; and

(c)

the need to ensure that no development is permitted in the vicinity of

the inland waterway that would effectively obstruct its future

restoration.

(4)

In determining applications pursuant to subsection (1), a local planning

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authority shall consult such of the following persons as it considers relevant—

(a)

British Waterways;

(b)

the Environment Agency;

(c)

the Broads Authority;

(d)

English Heritage (in relation to England) or CADW (in relation to

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Wales);

(e)

any other local planning authority who have an interest in the relevant

inland waterway; and

(f)

any local, regional or national organisation concerned with the

preservation or restoration of inland waterways.

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(5)

When it has determined an application under this section, a local planning

authority shall—

(a)

inform all persons consulted in pursuance of subsection (4), and

(b)

publish its decision in such manner as it sees fit.

3

Planning applications relevant to alternative routes of abandoned waterways

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(1)

This section applies to any application for planning permission—

(a)

to which section 2 applies, and

(b)

where the abandoned waterway was built before 1945 and is no longer

navigable owing to the subsequent construction of a permanent barrier

along any part of its course.

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(2)

In determining applications to which this section applies, a local planning

authority must—

(a)

comply with the requirements of section 2, and

(b)

ensure that any development would not obstruct the future restoration

of an abandoned waterway that involved the use of land not previously

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part of that inland waterway’s course.

Guidance and appeals

4

Guidance

(1)

The Secretary of State may issue guidance from time to time about matters to

be taken into account in determining applications to which section 2 applies.

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(2)

Local planning authorities shall have regard to any guidance issued under

subsection (1).

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(3)

In preparing a draft of any guidance, the Secretary of State shall consult such

persons as he considers appropriate.

(4)

Where the Secretary of State proposes to issue any guidance, he shall publish a

draft of it, consider any representations that are made to him about the draft

and, if he thinks it appropriate, modify his proposals in the light of any of those

5

representations.

(5)

The Secretary of State may—

(a)

from time to time revise the whole or part of any guidance and re-issue

it; and

(b)

revoke any guidance.

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5

Right to appeal against grant of planning permission

(1)

Where a local planning authority grants an application for planning

permission to which section 2 applies, or grants it subject to conditions, a

person listed in subsection (2) may appeal to the Secretary of State.

(2)

Those persons are—

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(a)

British Waterways;

(b)

the Environment Agency;

(c)

the Broads Authority; and

(d)

any local, regional or national organisation concerned with the

preservation or restoration of inland waterways.

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(3)

No appeal against a decision may be made under subsection (1) more than 28

days after the publication of the local planning authority’s decision pursuant

to section 2(5).

Miscellaneous and final provisions

6

Interpretation

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In this Act—

“boat” means a narrow boat, barge or other like craft used for transferring

or transporting goods or persons on an inland waterway, or other like

craft;

“development” has the meaning given by section 55 of the Town and

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Country Planning Act 1990 (c. 8);

“local planning authority” has the meaning given by section 1 of the Town

and Country Planning Act 1990;

“permanent barrier” means a barrier which prevents the navigation by

any craft of the established course of an abandoned waterway;

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“planning permission” has the meaning given by section 57 of the Town

and Country Planning Act 1990;

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Expenses

There shall be paid out of money provided by Parliament—

(a)

any expenditure incurred by the Secretary of State by virtue of this Act; and

40

(b)

any increase attributable to this Act in the sums payable out of money so

provided under any other enactment.

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Short title, commencement and extent

(1)

This Act may be cited as the Abandoned Waterways Act 2006.

(2)

This Act comes into force at the end of the period of two months beginning

with the day on which it is passed.

(3)

This Act extends to England and Wales only.

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