Greater London Authority Bill

House of Commons

Session 2006 - 07
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Greater London Authority Bill

Greater London Authority Bill
Part 7 — Planning
35

(4)
For the purposes of this section “application of potential strategic
importance” is to be construed in accordance with an order under this
section.
(5)
So far as the context requires, in relation to—
(a)
the determination of an application by virtue of this section, or
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(b)
the determination of a connected application by virtue of
section 2B,

any reference in an enactment to a local planning authority or a
hazardous substances authority includes a reference to the Mayor of
London.
10

This subsection is subject to any provision made by an order under this
section by virtue of section 2C(2).
(6)
An order under this section—
(a)
may make different provision for different cases or different
areas, and
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(b)
may make provision for exceptions or exclusions.
(7)
Sections 2B and 2C contain provisions supplementing this section.
2B
Section 2A: supplementary provisions
(1)
In deciding whether to give a direction under section 2A, the Mayor of
London is to have regard to guidance issued by the Secretary of State.
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(2)
A direction under section 2A must include the Mayor of London’s
reasons for giving it.
(3)
If the Mayor of London gives a direction under section 2A, he must at
that time send a copy of the direction to the applicant and to the
Secretary of State.
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(4)
Subsection (5) applies where the Mayor of London—
(a)
gives a direction under section 2A in the case of any application,
and
(b)
considers that an application falling within subsection (6) (the
“connected application”) is connected with that application.
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(5)
Where this subsection applies, the Mayor of London is to be—
(a)
the local planning authority for the purposes of determining the
connected application (in the case of an application falling
within subsection (6)(a) or (b)), or
(b)
the hazardous substances authority for the purposes of
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determining the connected application (in the case of an
application falling within subsection (6)(c)).
(6)
The applications are—
(a)
an application for listed building consent under the Planning
(Listed Buildings and Conservation Areas) Act 1990,
40
(b)
an application for conservation area consent under that Act,
(c)
an application for hazardous substances consent under the
Planning (Hazardous Substances) Act 1990.
(7)
Section 38(1) of the Greater London Authority Act 1999 (delegation of
functions by the Mayor) does not apply to—
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Greater London Authority Bill
Part 7 — Planning
36

(a)
the function of giving a direction under section 2A(1),
(b)
the function of determining an application by virtue of section
2A or this section.
2C
Further provision about orders under section 2A
(1)
An order under section 2A may make provision—
5
(a)
in relation to applications to which section 2A applies,
(b)
in relation to applications which are connected applications by
virtue of section 2B,
(c)
in relation to the procedures to be followed for or in connection
with applications mentioned in paragraph (a) or (b),
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(d)
otherwise for the purpose of implementing or supplementing
section 2A or 2B.
(2)
The provision which may be made by virtue of subsection (1) includes
the application of any enactment (with or without modification) in
relation to cases where, by virtue of section 2A or 2B or an order under
15
section 2A, the Mayor of London exercises a function that would
otherwise have been exercisable by another body or person.
(3)
Such provision may include, in particular, provision for the Mayor of
London to exercise functions in relation to enforcement (instead of, or
as well as, a local planning authority).”.
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(3)
In section 333 of TCPA 1990 (regulations and orders)—
(a)
in subsection (4) after “sections 2,” insert “2A,”,
(b)
in subsection (5)(b) after “section” insert “2A,”.
(4)
In section 1 of the Planning (Hazardous Substances) Act 1990 (c. 10)
(hazardous substances authorities: general) at the end insert—
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“But, in the case of a London borough, see also section 2B(5) of the
principal Act (Mayor of London to be the hazardous substances
authority in certain circumstances).”.
32
Planning obligations
After section 2C of TCPA 1990 insert—
30
“2D
Section 2A and planning obligations under section 106
(1)
This section applies where the Mayor of London has given a direction
under section 2A in relation to a planning application.
(2)
Where this section applies, the function of agreeing a planning
obligation related to the application is a function of the Mayor of
35
London instead of a function of the local planning authority.
(3)
In this section “planning obligation” means a planning obligation
under section 106.
(4)
The Mayor of London must consult the local planning authority before
agreeing any planning obligation by virtue of this section.
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(5)
Any planning obligation entered into in relation to the application—
(a)
is enforceable by the Mayor of London, and
(b)
is also enforceable by the local planning authority.”.

Greater London Authority Bill
Part 7 — Planning
37

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Amendments of section 106 of TCPA
(1)
Section 106 of TCPA 1990 (planning obligations) is amended as follows.
(2)
In subsection (1)(d) (payment of sums to authority) after “authority” insert
“(or, in a case where section 2D applies, to the Greater London Authority)”.
(3)
In subsection (9), at the end of paragraph (d) (instrument to identify local
5
planning authority by whom obligation enforceable) insert “and, in a case
where section 2D applies, identifies the Mayor of London as an authority by
whom the obligation is also enforceable”.
(4)
In subsection (10) (copy to be given to authority) for “authority so identified”
substitute “local planning authority so identified and, in a case where section
10
2D applies, to the Mayor of London”.
(5)
In subsection (12)(b) (charging on land of expenses recoverable by local
planning authority etc) after “a local planning authority” insert “or the Mayor
of London”.
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Planning obligations: further provision
15
(1)
Section 106A of TCPA 1990 (modification and discharge of planning
obligations) is amended as follows.
(2)
In subsection (1)(a) for “the authority by whom the obligation is enforceable”
substitute “the appropriate authority (see subsection (11))”.
(3)
In subsection (3) for “the local planning authority by whom the obligation is
20
enforceable” substitute “the appropriate authority”.
(4)
At the end of the section insert—
“(11)
In this section “the appropriate authority” means—
(a)
the Mayor of London, in the case of any planning obligation
enforceable by him;
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(b)
in the case of any other planning obligation, the local planning
authority by whom it is enforceable.
(12)
The Mayor of London must consult the local planning authority before
exercising any function under this section.”.
(5)
Section 106B of TCPA 1990 (appeals) is amended as follows.
30
(6)
In subsection (1), for “a local planning authority” substitute “an authority”.
(7)
At the end of the section insert—
“(8)
In the application of Schedule 6 to an appeal under this section in a case
where the authority mentioned in subsection (1) is the Mayor of
London, references in that Schedule to the local planning authority are
35
references to the Mayor of London.”.
35
Planning contribution under section 46 of PCPA 2004
In section 46 of PCPA 2004 (planning contribution), after subsection (7) insert—
“(8)
The regulations may include provision for the making of a planning
contribution in circumstances where the Mayor of London is the local
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Greater London Authority Bill
Part 8 — Environmental functions
38

planning authority by virtue of a direction given under section 2A of
the principal Act (applications of potential strategic importance).”.
Part 8
Environmental functions
Waste
5
36
Duties of waste collection authorities etc
(1)
Section 355 of the GLA Act 1999 (duty of waste collection or disposal
authorities in Greater London to have regard to the municipal waste
management strategy in exercising functions under Part 2 of the
Environmental Protection Act 1990) is amended as follows.
10
(2)
At the beginning insert “(1)”.
(3)
For “have regard to” substitute “act in general conformity with”.
(4)
At the end insert—
“(2)
Subsection (1) above has effect only to the extent that compliance by an
authority with the requirements of that subsection does not impose
15
excessive additional costs on the authority.”.
(5)
After subsection (2) insert—
“(3)
For the purposes of this section, the Secretary of State may issue
guidance for determining what is to be regarded as—
(a)
acting in general conformity with the municipal waste
20
management strategy, or
(b)
imposing excessive additional costs on an authority.
(4)
In discharging the duties imposed upon it by subsection (1) above (as
read with subsection (2) above), an authority must act in accordance
with any guidance issued under subsection (3) above.
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(5)
Any guidance issued under subsection (3) above shall be published by
the Secretary of State in such manner as he considers appropriate.
(6)
Nothing in this section, or in any guidance issued under it, requires an
authority—
(a)
to terminate a waste contract before the expiry of the term of the
30
contract, or
(b)
to do anything which would result in a breach of any term of a
waste contract.
(7)
Nothing in this section, or in any guidance issued under it, requires an
authority to exercise a function in relation to the awarding of a waste
35
contract if—
(a)
the authority is required to comply with the public
procurement regulations in awarding the contract, and
(b)
in compliance with those regulations the authority has sent the
second information notice relating to the awarding of that
40
contract to the Official Journal of the European Union.”.