Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 11 — Final provisions
102

“gas” includes natural gas;
“generating station” has the same meaning as in Part 1 of the Electricity
Act 1989 (c. 29) (see section 64(1) of that Act);
“goods” has the meaning given by section 83(1) of the Railways Act 1993
(c. 43);
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“Green Belt land” has the meaning given by section 2(1) of the Green Belt
(London and Home Counties) Act 1938 (c. xciii);
“harbour” has the same meaning as in section 57(1) of the Harbours Act
1964 (c. 40);
“highway” has the meaning given by section 328 of the Highways Act
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1980 (c. 66);
“highway authority” has the same meaning as in the Highways Act 1980
(see sections 1 to 3 of that Act);
“inland waters” has the same meaning as in the Water Resources Act 1991
(c. 57) (see section 221(1) of that Act);
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“land” means any corporeal hereditament (including a building or
monument) and in relation to section 105 and any provision of this Act
relating to the acquisition of land includes any interest in or right over
land;
“local planning authority” has the same meaning as in TCPA 1990 (see
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section 336(1) of that Act);
“monument” has the same meaning as in the Ancient Monuments and
Archaeological Areas Act 1979 (c. 46) (see section 61 of that Act);
“nationally significant infrastructure project” has the meaning given by
Part 3;
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“national policy statement” has the meaning given by section 5(2);
“natural gas” means any gas derived from natural strata (including gas
originating outside the United Kingdom);
“navigable watercourse” has the same meaning as in Part 6 of the
Highways Act 1980 (see section 111(1) of that Act);
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“non-navigable watercourse” means a watercourse that is not a navigable
watercourse;
“pipe-line” has the meaning given by section 65 of the Pipe-lines Act 1962
(c. 58);
“planning permission” means permission under Part 3 of TCPA 1990;
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“prescribed” means prescribed by regulations made by the Secretary of
State (except in relation to matters authorised or required by this Act to
be prescribed in another way);
“rail freight interchange” means a facility for the transfer of goods
between railway and road, or between railway and another form of
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transport;
“railway” has the meaning given by section 67(1) of the Transport and
Works Act 1992 (c. 42);
“renewable energy installation” has the same meaning as in Chapter 2 of
Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act);
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“Renewable Energy Zone” has the meaning given by section 84(4) of the
Energy Act 2004;
“special road” means a highway, or proposed highway, which is a special
road in accordance with section 16 of the Highways Act 1980 or by
virtue of an order granting development consent;
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Part 11 — Final provisions
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“trunk road” means a highway, or proposed highway, which is a trunk
road by virtue of—
(a)
section 10(1) or 19 of the Highways Act 1980 (c. 66),
(b)
an order or direction under section 10 of that Act, or
(c)
an order granting development consent,
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or under any other enactment;
“use” has the meaning given by section 336(1) of TCPA 1990.
183
Application of Act to Scotland: modifications
(1)
The following modifications have effect in the application of this Act to
Scotland for the purpose mentioned in section 187(3).
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(2)
In section 28—
(a)
in subsection (1)—
(i)
the reference to TCPA 1990 is to be read as a reference to section
26 of the Town and Country Planning (Scotland) Act 1997 (c. 8),
and
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(ii)
the words “This is subject to subsections (2) and (3).” are
omitted, and
(b)
subsections (2) and (3) are omitted.
(3)
In section 29—
(a)
in subsection (1)—
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(i)
“none” is to be read as “neither”, and
(ii)
paragraphs (b) to (f) and (h) to (k) are omitted, and
(b)
subsections (2) and (3) are omitted.
(4)
In section 47(7), the reference to chattels is to be read as a reference to moveable
property.
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(5)
In section 52—
(a)
for subsection (6) substitute—
“(6)
Summary proceedings relating to an offence under this section
may be commenced regardless of when the contravention
occurred.”, and
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(b)
in subsection (7) the reference to section 127 of the Magistrates’ Courts
Act 1980 (c. 43) is to be read as a reference to section 136 of the Criminal
Procedure (Scotland) Act 1995 (c. 46).
(6)
In section 105—
(a)
in subsection (4), paragraphs (d) to (h), (n) to (v) and (z) are omitted,
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and
(b)
in subsection (6), the reference to an Act is to be read as including an
Act of the Scottish Parliament.
(7)
In section 113—
(a)
in subsection (4), the reference to section 21 of the National Trust Act
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1907 (c. cxxxvi) or section 8 of the National Trust Act 1939 (c. lxxxvi) is
to be read as a reference to section 22 of the Order confirmed by the
National Trust for Scotland Order Confirmation Act 1935 (c. ii), and

Planning Bill
Part 11 — Final provisions
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(b)
in subsection (5), for the definition of “the National Trust” substitute—
““the National Trust” means the National Trust for
Scotland for Places of Historic Interest or Natural
Beauty incorporated by the Order confirmed by the
National Trust for Scotland Order Confirmation Act
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1935 (c. ii);”.
(8)
In section 114(8), in the definition of “common” the words “any land subject to
be enclosed under the Inclosure Acts 1845 to 1882, and” are omitted.
(9)
In section 127(3), the reference to section 56(5) of TCPA 1990 is to be read as a
reference to section 27(5) of the Town and Country Planning (Scotland) Act
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1997 (c. 8).
(10)
In section 134, the references to a justice of the peace are to be read as references
to a sheriff.
(11)
In section 135(4), the reference to chattels is to be read as a reference to
moveable property.
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(12)
In section 141—
(a)
the references to an injunction are to be read as references to an
interdict, and
(b)
in subsection (4), the reference to the High Court or a county court is to
be read as a reference to the Court of Session or the sheriff.
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(13)
In section 182—
(a)
for the definition of “local planning authority” substitute—
““local planning authority” means a planning authority
within the meaning of section 1 of the Town and
Country Planning (Scotland) Act 1997;”, and
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(b)
in the definition of “planning permission”, the reference to Part 3 of
TCPA 1990 is to be read as a reference to Part 3 of the Town and
Country Planning (Scotland) Act 1997.
184
Supplementary and consequential provision
(1)
The Secretary of State may by order made by statutory instrument make—
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(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,

as the Secretary of State thinks appropriate for the general purposes, or any
particular purpose, of this Act or in consequence of, or for giving full effect to,
any provision made by this Act.
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(2)
The power conferred by subsection (1) includes power to make different
provision for different purposes (including different areas).
(3)
An order under subsection (1) may amend, repeal, revoke or otherwise
modify—
(a)
an Act passed on or before the last day of the Session in which this Act
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is passed, or
(b)
an instrument made under an Act before the passing of this Act.
(4)
An order under this section which amends or repeals any provision of an Act
may not be made unless a draft of the instrument containing the order has been
laid before, and approved by resolution of, each House of Parliament.
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(5)
A statutory instrument containing an order under this section which does not
amend or repeal any provision of an Act is subject to annulment pursuant to a
resolution of either House of Parliament.
185
Repeals
Schedule 6 contains repeals (including repeals of spent provisions).
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186
Financial provisions
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred under or by virtue of this Act by the Secretary of
State, and
(b)
any increase attributable to this Act in the sums payable under or by virtue of
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any other Act out of money so provided.
187
Extent
(1)
The following provisions of this Act extend to England and Wales only—
(a)
in Part 2, section 12;
(b)
in Part 3, sections 14 to 16 and 18 to 26;
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(c)
in Part 6, section 104;
(d)
in Part 7, sections 119 to 125;
(e)
in Part 9, section 158;
(f)
Part 10.
(2)
The following provisions of this Act extend to England and Wales and (subject
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to subsection (3)) to Scotland—
(a)
Parts 1 to 8 (except the sections listed in paragraphs (a) to (d) of
subsection (1));
(b)
this Part.
(3)
Those provisions extend to Scotland only so far as required for the purpose of
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the construction of an oil or gas cross-country pipe-line—
(a)
one end of which is in England or Wales, and
(b)
the other end of which is in Scotland.
(4)
Subsections (2) and (3) are subject to subsection (5).
(5)
So far as it amends or repeals an enactment, this Act has the same extent as the
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enactment amended or repealed.
188
Commencement
(1)
The following provisions of this Act come into force on the day on which this
Act is passed—
(a)
Part 10;
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(b)
this Part, except section 185.
(2)
The provisions listed in subsection (3) come into force on such day as may be
appointed by order made by—
(a)
the Welsh Ministers, in relation to Wales;
(b)
the Secretary of State, in relation to England.
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Planning Bill
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(3)
The provisions are—
(a)
sections 148, 154, 157, 158, 161 and 162 and Schedule 3;
(b)
the repeals in—
(i)
TCPA 1990 (except those in Schedules 1 and 1A to that Act);
(ii)
the Environmental Protection Act 1990 (c. 43);
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(iii)
the Planning and Compensation Act 1991 (c. 34);
(iv)
sections 42(3) and 53 of PCPA 2004;
(v)
this Act.
(4)
Section 149 and the repeal in Schedule 1A to TCPA 1990 come into force on
such day as the Welsh Ministers may by order appoint.
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(5)
The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.
(6)
The powers conferred by this section are exercisable by statutory instrument.
(7)
An order under this section may—
(a)
appoint different days for different purposes (including different
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areas);
(b)
contain transitional, transitory or saving provision in connection with
the coming into force of this Act.
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Short title
This Act may be cited as the Planning Act 2008.
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