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Require
an audit of existing or planned infrastructure in areas of significant
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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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“development”
has the meaning given by section 55 of the Town and |
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Country Planning Act 1990
(c. 8); |
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“infrastructure
audit” means an audit of existing or planned |
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infrastructure in relation
to a proposed significant housing |
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“local planning
authority” has the meaning given by section 1 of the Town
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and Country Planning Act
1990; and |
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“significant housing
development” means a development involving the |
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construction of more than
150 houses or flats by the same developer on |
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a single site or on contiguous
sites within a period of five years. |
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(1) |
When an application is
received by a local planning authority (“the authority”)
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for a significant housing
development the authority shall conduct an |
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infrastructure audit in
relation to the proposed development to ensure that the |
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following conditions are
fulfilled. |
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(2) |
Condition 1 is that the
relevant health authority is satisfied that it will be able
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to provide adequate general
practitioner and hospital services within its |
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current capacity to meet
the anticipated additional demand that will be created |
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by the proposed development. |
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(3) |
Condition 2 is that the
relevant water company is satisfied that it will be able |
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to provide sufficient water
to meet the anticipated additional demand that will |
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be created by the proposed
development. |
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(4) |
Condition
3 is that the relevant provider of sewage services is satisfied
that it |
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can facilitate the provision
of sewage services to the proposed development |
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within its current capacity. |
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(5) |
Condition 4 is that the
relevant provider of waste disposal services is satisfied |
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that it can facilitate
the disposal of waste generated by the proposed |
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development within its
current capacity. |
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(6) |
Condition 5 is that the
relevant education authority is satisfied that it will be |
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able to provide sufficient
educational services within its current capacity to |
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meet the anticipated additional
demand that will be created by the proposed |
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(7) |
Condition 6 is that the
local authority is satisfied— |
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(a) |
that there is sufficient
capacity on the existing road network within its |
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area to sustain any increase
in vehicular traffic that is likely to be |
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generated by the proposed
development or that such capacity will be |
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provided within five years
from the granting of planning permission |
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(b) |
that there is sufficient
capacity on the existing rail network within its |
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area to sustain any increase
in passenger numbers that is likely to be |
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generated by the proposed
development or that such capacity will be |
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provided within ten years
from the granting of planning permission for |
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(1) |
In conducting an infrastructure
survey, the authority shall consult— |
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(a) |
the relevant health authority; |
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(b) |
the relevant education authority; |
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(c) |
the relevant provider of
sewage services; |
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(d) |
the relevant provider of
waste disposal services; |
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(e) |
the relevant train operating
company; |
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(f) |
the relevant water company;
and |
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(g) |
the Environment Agency. |
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(2) |
In conducting an infrastructure
survey, the authority may consult |
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(a) |
the local passenger transport
authority; |
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(c) |
any other body or person. |
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4 |
Grant
of planning permission |
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A local planning authority
may not grant planning permission for a significant |
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housing development unless
the conditions set out in section 2 have been |
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Expenses
to be borne by applicant |
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Any expenses incurred
by the authority in conducting an infrastructure survey |
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shall be borne by the applicant
for planning permission. |
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