Housing and Regeneration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Housing and Regeneration Bill

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
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Powers in relation to acquired land
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Main powers in relation to acquired land
Schedule 3 (which makes provision about powers in relation to land of the
HCA) has effect.
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Powers in relation to, and for, statutory undertakers
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Schedule 4 (which provides for powers in relation to, and for, statutory
undertakers) has effect.
Planning
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Power of Secretary of State to make designation orders
(1)
The Secretary of State may by order designate an area in England if the
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Secretary of State considers that—
(a)
the area is suitable for development, and
(b)
condition 1 or 2 is met.
(2)
Condition 1 is that it is appropriate for the HCA to be the local planning
authority for the whole or any part of the area—
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(a)
for all permitted purposes or for particular permitted purposes, and
(b)
in relation to all kinds of development or particular kinds of
development.
(3)
Condition 2 is that it is appropriate for—
(a)
sections 15 and 16,
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(b)
section 17, or
(c)
both sets of provisions,

to apply in relation to the area.
(4)
A designation order—
(a)
so far as made by virtue of condition 1 being met, may contain
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provisions of the kind mentioned in section 14, and
(b)
so far as made by virtue of condition 2 being met, may provide for—
(i)
sections 15 and 16,
(ii)
section 17, or
(iii)
both sets of provisions,
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to apply in relation to the designated area.
(5)
The Secretary of State must, before making a designation order, consult—
(a)
every local authority any part of whose area is intended to be included
in the proposed designated area, and
(b)
any person, other than a local authority, who is the local planning
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authority for the proposed designated area or any part of it.
(6)
In this Part—
“designated area” means an area designated by a designation order,
“designation order” means an order under this section,
“local planning authority”, in relation to a designation order or proposed
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designation order, means—

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
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(a)
so far as the order relates to permitted purposes under Part 2 of
the Planning and Compulsory Purchase Act 2004 (c. 5), the local
planning authority within the meaning of that Part of that Act,
and
(b)
in any other case, the local planning authority within the
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meaning of Part 1 of the Town and Country Planning Act 1990
(c. 8),
“permitted purposes” means any purposes of—
(a)
the Town and Country Planning Act 1990 (other than section
137A, Parts 9 and 13, and sections 325A, 329A and 330A, of that
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Act),
(b)
the Planning (Listed Buildings and Conservation Areas) Act
1990 (c. 9) (other than section 32A, Chapter 5 of Part 1, and
sections 82A to 82F and 88C, of that Act), and
(c)
Part 2 of the Planning and Compulsory Purchase Act 2004,
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and references to a designated area, in the case of an area whose boundaries
have been amended by an order made under this section by virtue of section
14 of the Interpretation Act 1978 (c. 30), are to be read as references to the
designated area as so amended.
(7)
In this section “local authority” means a county council in England, a district
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council, a London borough council or the Common Council of the City of
London.
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The HCA as the local planning authority
(1)
A designation order, so far as made by virtue of condition 1 (as mentioned in
section 13(2)) being met, may contain provisions of the following kind.
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(2)
The order may provide for the HCA to be the local planning authority for the
whole or any part of the designated area—
(a)
for all permitted purposes or for specified permitted purposes, and
(b)
in relation to all kinds of development or specified kinds of
development.
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(3)
The order may provide that where the HCA is the local planning authority for
the whole or any part of the designated area it is to have—
(a)
in relation to the whole or any part of the designated area, and
(b)
subject to any specified modifications,

functions conferred by or under specified planning-related provisions.
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(4)
An order which makes provision of the kind mentioned in subsection (2) may
make provision about the application of enactments relating to local planning
authorities to the HCA in its capacity as the local planning authority by virtue
of the order.
(5)
An order which makes provision of the kind mentioned in subsection (3) may
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make provision about the application to the HCA of enactments relating to the
functions concerned.
(6)
Provision made by virtue of subsection (4) or (5) may, in particular, provide
that any enactment—
(a)
is to apply to the HCA without modification,
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(b)
is to apply to it subject to specified modifications,
(c)
is not to apply to it.

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
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(7)
In this section—
“planning-related provisions” means—
(a)
Chapter 1 of Part 6 (other than section 137A), and section 188, of
the Town and Country Planning Act 1990 (c. 8),
(b)
sections 32 and 33 to 37, 54, 55 and 76 of the Planning (Listed
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Buildings and Conservation Areas) Act 1990 (c. 9), and
(c)
the Planning (Hazardous Substances) Act 1990 (c. 10) (other
than sections 30A to 31A and 36C of that Act),
“specified”, in relation to a designation order, means specified or
described in the order.
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Adoption of private streets
(1)
This section applies if a designation order provides for it to apply in relation to
a designated area.
(2)
The HCA may serve an adoption notice if any street works have been executed
on any land in the designated area which was then, or has since become, a
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private street (or part of a private street).
(3)
An adoption notice is a notice requiring the street works authority to declare
the street (or part) to be a highway which, for the purposes of the Highways
Act 1980 (c. 66), is a highway maintainable at the public expense.
(4)
An adoption notice must be served on the street works authority.
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(5)
Subsection (6) applies if—
(a)
a street works authority—
(i)
does not comply with the adoption notice, and
(ii)
does not appeal under section 16, and
(b)
the period of 2 months, beginning with the day on which the adoption
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notice is served, has ended.
(6)
The street (or part) becomes a highway which, for the purposes of the
Highways Act 1980, is a highway maintainable at the public expense.
(7)
In this section “street works” and “street works authority” have the same
meanings as in Part 11 of the Highways Act 1980.
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Appeals against adoption of private streets
(1)
This section applies if—
(a)
a designation order provides for this section to apply in relation to a
designated area, and
(b)
the HCA has served on the street works authority an adoption notice
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under section 15 in relation to the area.
(2)
The street works authority may appeal to the Secretary of State against the
notice within the period of 2 months beginning with the day on which the
notice is served.
(3)
On an appeal under subsection (2), the Secretary of State must—
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(a)
consider any representations made to the Secretary of State by the HCA
and the street works authority, and

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
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(b)
decide the appeal by setting aside, or confirming, the adoption notice
(with or without modifications).
(4)
Subsections (5) and (6) apply if the Secretary of State confirms the adoption
notice.
(5)
The Secretary of State may, at the same time, impose conditions (including
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financial conditions) upon the HCA with which it must comply for the notice
to take effect.
(6)
The street (or part) becomes a highway which, for the purposes of the
Highways Act 1980 (c. 66), is a highway maintainable at the public expense
with effect from such date as the Secretary of State may specify.
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(7)
In this section “street works authority” has the same meaning as in Part 11 of
the Highways Act 1980.
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Traffic regulation orders for private streets
(1)
This section applies if a designation order provides for it to apply in relation to
a designated area.
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(2)
The Secretary of State may make an order under this section if—
(a)
the HCA makes representations to the Secretary of State that an order
should be made in relation to any road in the designated area which is
a private street, and
(b)
the Secretary of State considers that the traffic authority do not intend
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to make a traffic regulation order in relation to the road.
(3)
An order under this section may contain any provision in relation to the road
which might have been made by the Secretary of State in a traffic regulation
order if the Secretary of State had been the traffic authority.
(4)
The Road Traffic Regulation Act 1984 (c. 27) applies to an order under this
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section as it applies to a traffic regulation order made by the Secretary of State
in relation to a road for which the Secretary of State is the traffic authority.
(5)
In this section—
“road” has the same meaning as in the Road Traffic Regulation Act 1984,
“traffic authority” has the same meaning as in that Act,
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“traffic regulation order” means an order under section 1 or (as the case
may be) 6 of that Act.
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Regional planning
(1)
Section 4 of the Planning and Compulsory Purchase Act 2004 (c. 5) (assistance
for regional planning bodies from certain local authorities) is amended as
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follows.
(2)
For subsection (4) substitute—
“(4)
These are the authorities which fall within this subsection—
(a)
each of the following if their area or any part of their area is in
the RPB’s region—
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(i)
a county council;
(ii)
a metropolitan district council;

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
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(iii)
a district council for an area for which there is no county
council;
(iv)
a National Park authority; and
(b)
the Homes and Communities Agency if it is the local planning
authority for an area or part of an area in the RPB’s region.
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(4A)
For the purposes of subsection (4), the Homes and Communities
Agency is the local planning authority for an area if—
(a)
the area is the whole or part of a designated area within the
meaning of Part 1 of the Housing and Regeneration Act 2008;
and
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(b)
the order designating the area was made under section 13 of
that Act by virtue of condition 1 in subsection (2) of that section
being met.”
(3)
In subsection (8) after “(5)” insert “other than arrangements with the Homes
and Communities Agency”.
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Other powers etc. in relation to land
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Power to enter and survey land
(1)
Any person authorised by the HCA may, at any reasonable time, enter any
land for the purpose of surveying it, or estimating its value, in connection
with—
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(a)
any proposal for the HCA to acquire that land or any other land, or
(b)
any claim for compensation in respect of any such acquisition.
(2)
A person authorised under subsection (1) to enter any land—
(a)
must, if required, produce evidence of the authority before entering the
land, and
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(b)
must not demand admission as of right to any occupied land unless the
HCA has served notice of the intended entry on the occupier not less
than 28 days before the making of the demand.
(3)
A person interested in any land may recover compensation from the HCA in
respect of any damage done to the land—
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(a)
in the exercise of a right of entry under this section, or
(b)
in making a survey under this section.
(4)
Section 118 of the Town and Country Planning Act 1990 (c. 8) (determination
of claims for compensation) applies in relation to compensation under
subsection (3) as it applies in relation to compensation under Part 4 of that Act.
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(5)
A person (“A”) commits an offence if A intentionally obstructs another person
(“B”) in the exercise of B’s powers under subsection (1) above.
(6)
A person who commits an offence under subsection (5) is liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
(7)
The references in subsections (3) and (5) to this section or subsection (1) include
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references to those provisions as extended by section 20.