Planning Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Planning Bill

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
114

subsection (1) insert—
“(1A)
Subsection (1) of this section is subject to section 29(1) of the Planning
Act 2008 (exclusion of requirement for other consents for
development for which development consent required).”
Coast Protection Act 1949 (c. 74)
5
5     (1)
Section 34 of the Coast Protection Act 1949 (requirement for consent for
works detrimental to navigation) is amended as follows.
      (2)
In subsection (1) after “Subject to” insert “subsection (2A) of this section
and”.
      (3)
After subsection (2) insert—
10
“(2A)
Subsection (1) is subject to section 29(1) of the Planning Act 2008
(exclusion of requirement for other consents for development for
which development consent required).”
Pipe-lines Act 1962 (c. 58)
6
The Pipe-lines Act 1962 is amended as follows.
15
7
In section 1 (cross-country pipe-lines not to be constructed without
authorisation) after subsection (1) insert—
“(1ZA)
Subsection (1) is subject to section 29(1) of the Planning Act 2008
(exclusion of requirement for other consents for development for
which development consent required).”
20
8
In section 39 (placing of pipe-line above or under harbour waters) after
subsection (1) insert—
“(1A)
Subsection (1) is subject to section 29(1) of the Planning Act 2008
(exclusion of requirement for other consents for development for
which development consent required).”
25
9
In section 66(1) (general interpretation provisions) in the definition of
“diversion”—
(a)
after paragraph (a) insert—
“(aa)
if no such authorisation is required, beyond the limits
of lateral diversion permitted by development
30
consent under the Planning Act 2008 relating to that
pipe-line, or”;
(b)
in paragraph (b) after “no such authorisation” insert “or consent”.
Harbours Act 1964 (c. 40)
10
The Harbours Act 1964 is amended as follows.
35
11
In section 14 (harbour revision orders) after subsection (1) insert—
“(1A)
Subsection (1) is subject to section 29(2) of the Planning Act 2008
(exclusion of powers to make orders in relation to development for
which development consent required).”

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
115

12
In section 16 (harbour empowerment orders) after subsection (3) insert—
“(3A)
Subsections (1) to (3) are subject to section 29(2) of the Planning Act
2008 (exclusion of powers to make orders in relation to development
for which development consent required).”
Gas Act 1965 (c. 36)
5
13
The Gas Act 1965 is amended as follows.
14    (1)
Section 4 (storage authorisation orders) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
Subsection (1) is subject to section 29(2) of the Planning Act 2008
(exclusion of powers to make orders in relation to development for
10
which development consent required).”
      (3)
After subsection (2) insert—
“(2A)
Subsection (2) is subject to section 29(1) of the Planning Act 2008
(exclusion of requirement for other consents for development for
which development consent required).”
15
15
In section 5 (control of mining and other operations in gas storage area and
protective area) after subsection (2) insert—
“(2A)
Subsection (2) does not apply so far as the controlled operations are
authorised by an order granting development consent under the
Planning Act 2008.”
20
16    (1)
Section 6 (controlled operations: carrying out of works to remedy a default)
is amended as follows.
      (2)
In subsection (1)—
(a)
for “without the consent of the Minister” substitute “in breach of
section 5(2)”,
25
(b)
for “failure to comply with any conditions subject to which the
Minister’s consent to the carrying out of any controlled operations
has been granted” substitute “relevant failure to comply”, and
(c)
after “foregoing section” insert “or in circumstances involving a
relevant failure to comply”.
30
      (3)
In subsection (5) for the words from “failed” to the end substitute “was
responsible for the relevant failure to comply.”
      (4)
After subsection (8) insert—
“(9)
In this section “relevant failure to comply” means—
(a)
in a case where the Minister’s consent to the carrying out of
35
controlled operations has been obtained under section 5, a
failure to comply with any conditions subject to which the
Minister’s consent was granted;
(b)
in a case where the carrying out of controlled operations has
been authorised by an order granting development consent,
40
a breach of the terms of the order or other failure to comply
with the terms of the order.”

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
116

17
In section 16 (safety conditions) after subsection (1) insert—
“(1A)
Subsection (1) is subject to section 29(2) of the Planning Act 2008
(exclusion of powers to give notice in relation to development for
which development consent required).”
Energy Act 1976 (c. 76)
5
18
In section 14 of the Energy Act 1976 (fuelling of new and converted power
stations) after subsection (1) insert—
“(1A)
Subsection (1) is subject to section 29(1) of the Planning Act 2008
(exclusion of requirement for notice to be given of development for
which development consent required).”
10
Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
19
The Ancient Monuments and Archaeological Areas Act 1979 is amended as
follows.
20
In section 2(1) (offence of executing works affecting scheduled monuments
without authorisation) after “authorised under this Part of this Act” insert
15
“or by development consent under the Planning Act 2008”.
21
In section 28(2) (offence of damaging ancient monuments: exception for
authorised works) after “order under section 3)” insert “or for which
development consent has been granted under the Planning Act 2008”.
Highways Act 1980 (c. 66)
20
22
The Highways Act 1980 is amended as follows.
23
In section 10 (general provision as to trunk roads) after subsection (2)
insert—
“(2A)
Subsection (2) is subject to section 29(3) of the Planning Act 2008
(exclusion of powers to make or confirm orders in relation to
25
highways for which development consent required).”
24
In section 14 (powers as respects roads that cross or join trunk roads etc.)
after subsection (1) insert—
“(1A)
Subsection (1) is subject to section 29(3) of the Planning Act 2008
(exclusion of powers to make or confirm orders in relation to
30
highways for which development consent required).”
25
In section 16 (general provision as to special roads) after subsection (3)
insert—
“(3A)
Subsection (3) is subject to section 29(3) of the Planning Act 2008
(exclusion of powers to make or confirm schemes in relation to
35
highways for which development consent required).”
26
In section 18 (supplementary orders relating to special roads) after
subsection (1) insert—
“(1A)
Subsection (1) is subject to section 29(3) of the Planning Act 2008
(exclusion of powers to make or confirm orders in relation to
40
highways for which development consent required).”

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
117

27
In section 106 (orders and schemes providing for construction of bridges
over or tunnels under navigable waters) after subsection (4) insert—
“(4A)
Subsections (1) and (3) are subject to section 29(3) of the Planning Act
2008 (exclusion of powers to make or confirm orders or schemes in
relation to highways for which development consent required).”
5
28
In section 108 (power to divert navigable watercourses) after subsection (1)
insert—
“(1A)
Subsection (1) is subject to section 29(3) of the Planning Act 2008
(exclusion of powers to make or confirm orders in relation to
highways for which development consent required).”
10
29
In section 110 (power to divert non-navigable watercourses and to carry out
other works) after subsection (1) insert—
“(1A)
Subsection (1) is subject to section 29(3) of the Planning Act 2008
(exclusion of powers to make or confirm orders in relation to
highways for which development consent required).”
15
30    (1)
Section 329(1) (further provision as to interpretation of Act) is amended as
follows.
      (2)
In the definition of “special road” after “section 16 above” insert “or by virtue
of an order granting development consent under the Planning Act 2008”.
      (3)
In the definition of “trunk road” after “section 10 above” insert “or an order
20
granting development consent under the Planning Act 2008,”.
31
For section 337 (saving for obligation to obtain planning permission)
substitute—
“337
Saving for obligation to obtain planning permission or development
consent
25
Nothing in this Act authorises—
(a)
the carrying out of any development of land for which
permission is required by virtue of section 57 of the Town
and Country Planning Act 1990 and which is not authorised
by permission granted or deemed to be granted under or for
30
the purposes of Part 3 of that Act; or
(b)
the carrying out of any development for which development
consent is required under the Planning Act 2008 and for
which development consent has not been granted under that
Act.”
35
Electricity Act 1989 (c. 29)
32
The Electricity Act 1989 is amended as follows.
33    (1)
Section 36 (consent for construction etc. of generating stations) is amended
as follows.
      (2)
In subsection (1) after “subsections” insert “(1A) to”.
40
      (3)
After subsection (1) insert—
“(1A)
So far as relating to the construction or extension of a generating
station, subsection (1) is subject to section 29(1) of the Planning Act

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
118

2008 (exclusion of requirement for other consents for development
for which development consent required).
(1B)
So far as relating to the operation of a generating station, subsection
(1) does not apply if the operation is authorised by an order granting
development consent under the Planning Act 2008.”
5
34    (1)
Section 37 (consent for overhead lines) is amended as follows.
      (2)
In subsection (1) for “subsection (2)” substitute “subsections (1A) to (2)”.
      (3)
After subsection (1) insert—
“(1A)
So far as relating to the installation of an electric line, subsection (1)
is subject to section 29(1) of the Planning Act 2008 (exclusion of
10
requirement for other consents for development for which
development consent required).
(1B)
So far as relating to keeping an electric line installed, subsection (1)
does not apply if keeping the line installed is authorised by an order
granting development consent under the Planning Act 2008.”
15
Town and Country Planning Act 1990 (c. 8)
35
TCPA 1990 is amended as follows.
36
In section 57 (planning permission required for development) after
subsection (1) insert—
“(1A)
Subsection (1) is subject to section 29(1) of the Planning Act 2008
20
(exclusion of requirement for planning permission etc. for
development for which development consent required).”
37
In section 198(6) (tree preservation orders: exemptions) after paragraph (b)
insert “, or
(c)
to the cutting down, uprooting, topping or lopping of any
25
trees so far as authorised by an order granting development
consent.”
38    (1)
Section 211 (preservation of trees in conservation areas) is amended as
follows.
      (2)
After subsection (1) insert—
30
“(1A)
Subsection (1) does not apply so far as the act in question is
authorised by an order granting development consent.”
      (3)
After subsection (5) insert—
“(5A)
Subsection (5) does not apply so far as the act in question is
authorised by an order granting development consent.”
35
39
In section 336(1) (interpretation) at the appropriate place insert—
““development consent” means development consent under the
Planning Act 2008;”.
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
40
The Listed Buildings Act is amended as follows.
40

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
119

41    (1)
Section 7 (restriction on works affecting listed buildings) is amended as
follows.
      (2)
At the beginning insert “(1)”.
      (3)
After “authorised” insert “under section 8”.
      (4)
At the end insert—
5
“(2)
Subsection (1) is subject to section 29(1) of the Planning Act 2008
(exclusion of requirement for other consents for development for
which development consent required).”
42
In section 59(3) (offence relating to acts causing or likely to result in damage
to listed building: exceptions) after paragraph (b) insert “; or
10
(c)
of works for which development consent has been granted
under the Planning Act 2008.”
43
In section 74 (control of demolition in conservation areas) after subsection
(1) insert—
“(1A)
Subsection (1) is subject to section 29(1) of the Planning Act 2008
15
(exclusion of requirement for other consents for development for
which development consent required).”
Planning (Hazardous Substances) Act 1990 (c. 10)
44
The Hazardous Substances Act 1990 is amended as follows.
45
In section 9(2)(c) (determination of applications for hazardous substances
20
consent: material considerations) after “planning permission” insert “or
development consent”.
46
In section 10(1) (conditions on grant of hazardous substances consent) after
“planning permission” insert “or development consent”.
47    (1)
Section 12 (deemed hazardous substances consent: government
25
authorisation) is amended as follows.
      (2)
After subsection (2A) insert—
“(2B)
On making an order granting development consent in respect of
development that would involve the presence of a hazardous
substance in circumstances requiring hazardous substances consent,
30
the person making the order may direct that hazardous substances
consent shall be deemed to be granted, subject to such conditions (if
any) as may be specified in the direction.”
      (3)
For subsection (3) substitute—
“(3)
Before giving a direction under any of subsections (1) to (2B), the
35
person having power to give the direction must consult the Health
and Safety Commission.”
      (4)
In subsection (6)—
(a)
for “government department or the Secretary of State” substitute
“person”, and
40
(b)
after “directions” insert “given by the person”.

Planning Bill
Schedule 3 — Tree preservation orders: further amendments
120

48
In section 14(2)(b) (power to revoke or modify hazardous substances
consent)—
(a)
after “planning permission” insert “or development consent”;
(b)
after “the permission” insert “or development consent”.
49
In section 39(1) (interpretation) at the appropriate place insert—
5
““development consent” means development consent under the
Planning Act 2008;”.
New Roads and Street Works Act 1991 (c. 22)
50
The New Roads and Street Works Act 1991 is amended as follows.
51
In section 6 (toll orders) after subsection (1) insert—
10
“(1A)
Subsection (1) is subject to section 29(3) of the Planning Act 2008
(exclusion of powers to make or confirm orders in relation to
highways for which development consent required).”
Water Industry Act 1991 (c. 56)
52
In section 167(1) of the Water Industry Act 1991 (compulsory works
15
orders)—
(a)
after “water undertaker” insert “whose area is wholly or partly in
Wales”, and
(b)
after “functions” insert “in relation to an area in Wales”.
Transport and Works Act 1992 (c. 42)
20
53
The Transport and Works Act 1992 is amended as follows.
54
In section 1 (orders as to railways, tramways etc.) after subsection (1)
insert—
“(1A)
Subsection (1) is subject to section 29(2) of the Planning Act 2008
(exclusion of powers to make orders in relation to development for
25
which development consent required).”
55
In section 3 (orders as to inland waterways etc.) after subsection (1) insert—
“(1A)
Subsection (1) is subject to section 29(2) of the Planning Act 2008
(exclusion of powers to make orders in relation to development for
which development consent required).”
30
Schedule 3
Section 157

Tree preservation orders: further amendments
1
TCPA 1990 is amended as follows.
2
In section 198(7) (provisions subject to which section has effect), for “This
section” substitute “Tree preservation regulations”.
35