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Session 2007 - 08
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Planning Bill


Planning Bill
Schedule 3 — Tree preservation orders: further amendments

121

 

3          

In section 200(1) (tree preservation orders do not affect things done or

approved by Forestry Commissioners), for “A tree preservation order does

not” substitute “Tree preservation regulations do not”.

4          

In section 202(2) (effect of order made by Secretary of State or Welsh

Ministers), for the words from “have the same effect” to the end substitute “,

5

once it has taken effect in accordance with tree preservation regulations,

have the same effect as if it had been made by the local planning authority

under section 198(1).”

5          

In section 206(1) (duty to plant replacement tree)—

(a)   

in paragraph (a), for “the order” substitute “tree preservation

10

regulations”, and

(b)   

in paragraph (b), for the words from “at a time” to the end of the

paragraph substitute “at a prescribed time,”.

6          

In section 207(1) (enforcement of duties to replace trees), in paragraph (b),

for “a tree preservation order” substitute “tree preservation regulations”.

15

7          

In section 210 (penalties for non-compliance with tree preservation order)—

(a)   

in subsections (1) and (4), for “a tree preservation order” substitute

“tree preservation regulations”, and

(b)   

in the side-note, for “order” substitute “regulations”.

8          

In section 211 (preservation of trees in conservation areas)—

20

(a)   

in subsection (1), for “which might by virtue of section 198(3)(a) be

prohibited by a tree preservation order” substitute “which might by

virtue of section 202C be prohibited by tree preservation

regulations”, and

(b)   

in subsection (4), for “a tree preservation order” substitute “tree

25

preservation regulations”.

9          

In section 212(4) (power to exempt from section 211 cases exempted from

section 198 by section 198(6))—

(a)   

before “exempted from section 198” insert “which were”, and

(b)   

after “by subsection (6) of that section” insert “until that subsection

30

was repealed”. 

10         

In section 213(1)(b) (duty to plant replacement tree in conservation area), for

the words from “at a time” to the end of the paragraph substitute “at a

prescribed time,”.

11         

In section 284(3)(h)(i) (decision relating to an application for consent under

35

a tree preservation order is an action to which the section applies), for “a tree

preservation order” substitute “tree preservation regulations”.

12         

In section 329(3B)(i) (section 329(1)(cc) does not apply to things done in

connection with tree preservation orders), for “regulations under section

199” substitute “tree preservation regulations”.

40

13         

In section 336(1) (interpretation) at the appropriate place insert—

““tree preservation regulations” means regulations under

section 202A(1);”.

 
 

Planning Bill
Schedule 4 — Use of land: power to override easements and other rights

122

 

Schedule 4

Section 159

 

Use of land: power to override easements and other rights

Local Government, Planning and Land Act 1980 (c. 65)

1     (1)  

Paragraph 6 of Schedule 28 to the Local Government, Planning and Land Act

1980 (urban development corporations: power to override easements) is

5

amended as follows.

      (2)  

After sub-paragraph (1) insert—

   “(1A)  

The use of any land in England which has been vested in or

acquired by an urban development corporation or local highway

authority for the purposes of this Part of this Act, whether the use

10

is by the corporation or authority or by any other person, is

authorised by virtue of this paragraph if it is in accordance with

planning permission even if the use involves—

(a)   

interference with an interest or right to which this

paragraph applies, or

15

(b)   

a breach of a restriction as to the user of land arising by

virtue of a contract.”

      (3)  

In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.

      (4)  

In sub-paragraph (4)—

(a)   

after “sub-paragraph (1)” insert “or (1A)”, and

20

(b)   

after “works on” insert “, or use of,”.

      (5)  

In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.

New Towns Act 1981 (c. 64)

2     (1)  

Section 19 of the New Towns Act 1981 (power to override easements and

other rights) is amended as follows.

25

      (2)  

After subsection (1) insert—

“(1A)   

Subject to subsection (3), the use of any land in England which has

been acquired by a development corporation or local highway

authority for the purposes of this Act, whether the use is by the

corporation or authority or by any other person, is authorised by

30

virtue of this section if it is in accordance with planning permission

even if the use involves—

(a)   

interference with an interest or right to which this section

applies, or

(b)   

a breach of a restriction as to the user of land arising by virtue

35

of a contract.”

      (3)  

In subsection (2) after “subsection (1)” insert “or (1A)”.

      (4)  

In subsection (4)—

(a)   

after “subsection (1)” insert “or (1A)”, and

(b)   

in paragraph (b) after “works on” insert “, or use of,”.

40

      (5)  

In subsection (7) after “subsection (1)” insert “or (1A)”.

 
 

Planning Bill
Schedule 4 — Use of land: power to override easements and other rights

123

 

Housing Act 1988 (c. 50)

3     (1)  

Paragraph 5 of Schedule 10 to the Housing Act 1988 (power to override

easements) is amended as follows.

      (2)  

After sub-paragraph (1) insert—

   “(1A)  

The use of any land in England which has been vested in or

5

acquired by a housing action trust for the purposes of Part 3 of this

Act, whether the use is by the trust or by any other person, is

authorised by virtue of this paragraph if it is in accordance with

planning permission even if the use involves—

(a)   

interference with an interest or right to which this

10

paragraph applies, or

(b)   

a breach of a restriction as to the user of land arising by

virtue of a contract.”

      (3)  

In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.

      (4)  

In sub-paragraph (4)—

15

(a)   

after “sub-paragraph (1)” insert “or (1A)”, and

(b)   

after “works on” insert “, or use of,”.

      (5)  

In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.

Town and Country Planning Act 1990 (c. 8)

4     (1)  

Section 237 of TCPA 1990 (power to override easements and other rights) is

20

amended as follows.

      (2)  

After subsection (1) insert—

“(1A)   

Subject to subsection (3), the use of any land in England which has

been acquired or appropriated by a local authority for planning

purposes (whether the use is by the local authority or by a person

25

deriving title under them) is authorised by virtue of this section if it

is in accordance with planning permission even if the use involves—

(a)   

interference with an interest or right to which this section

applies, or

(b)   

a breach of a restriction as to the user of land arising by virtue

30

of a contract.”

      (3)  

In subsection (4)—

(a)   

after “subsection (1)” insert “or (1A)”, and

(b)   

in paragraph (b)(ii) after “works on” insert “, or use of,”.

      (4)  

In subsection (7) after “subsection (1)” insert “or (1A)”.

35

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

5     (1)  

Paragraph 5 of Schedule 20 to the Leasehold Reform, Housing and Urban

Development Act 1993 (the Agency: power to override easements) is

amended as follows.

 
 

Planning Bill
Schedule 5 — Further provisions as to the procedure for certain appeals

124

 

      (2)  

After sub-paragraph (1) insert—

   “(1A)  

The use of any land in England which has been vested in or

acquired by the Agency under this Part of this Act, whether the

use is by the Agency or by any other person, is authorised by

virtue of this paragraph if it is in accordance with planning

5

permission even if the use involves—

(a)   

interference with an interest or right to which this

paragraph applies, or

(b)   

a breach of a restriction as to the user of land arising by

virtue of a contract.”

10

      (3)  

In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.

      (4)  

In sub-paragraph (4)—

(a)   

after “sub-paragraph (1)” insert “or (1A)”, and

(b)   

after “works on” insert “, or use of,”.

      (5)  

In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.

15

Regional Development Agencies Act 1998 (c. 45)

6     (1)  

Paragraph 2 of Schedule 6 to the Regional Development Agencies Act 1998

(vesting and acquisition of land: power to override easements) is amended

as follows.

      (2)  

After sub-paragraph (1) insert—

20

   “(1A)  

The use of any land in England which has been vested in or

acquired by a regional development agency under this Act,

whether the use is by the agency or by any other person, is

authorised by virtue of this paragraph if it is in accordance with

planning permission even if the use involves—

25

(a)   

interference with an interest or right to which this

paragraph applies, or

(b)   

a breach of a restriction as to the user of land arising by

virtue of a contract.”

      (3)  

In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.

30

      (4)  

In sub-paragraph (4)—

(a)   

after “sub-paragraph (1)” insert “or (1A)”, and

(b)   

after “works on” insert “, or use of,”.

      (5)  

In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.

Schedule 5

35

Section 160

 

Further provisions as to the procedure for certain appeals

Town and Country Planning Act 1990 (c. 8)

1          

TCPA 1990 is amended as follows.

2          

In section 78(5) (appeals against failure to take planning decisions)—

 
 

Planning Bill
Schedule 5 — Further provisions as to the procedure for certain appeals

125

 

(a)   

for “79(1)” substitute “79(1) and (3)”, and

(b)   

for “and 288(10)(b)” substitute “, 288(10)(b) and 319A(7)(a)”.

3          

In section 79 (determination of appeals under section 78) for subsection (3)

substitute—

“(3)   

Subsection (2) does not apply to—

5

(a)   

an appeal referred to a Planning Inquiry Commission under

section 101; or

(b)   

an appeal against a decision of a local planning authority in

England.”

4          

In section 175 (supplementary provisions about appeals against

10

enforcement notices) after subsection (3) insert—

“(3A)   

Subsection (3) does not apply to an appeal against an enforcement

notice issued by a local planning authority in England.”

5          

In section 176(4) (determination of appeals: disapplication of section

175(3))—

15

(a)   

after “If” insert “section 175(3) would otherwise apply and”, and

(b)   

after “subsection (3)” insert “of this section”.

6          

In section 195(5) (appeals against failure to give decision on application

under section 191 or 192) for “section 288(10)(b)” substitute “sections

196(1A), 288(10)(b) and 319A(7)(c)”.

20

7     (1)  

Amend section 196 (further provision as to appeals to Secretary of State

under section 195) as follows.

      (2)  

After subsection (1) insert—

“(1A)   

Subsection (1) does not apply to an appeal against a decision of a

local planning authority in England.”

25

      (3)  

In subsection (2) for “such an appeal” substitute “an appeal under section

195(1)”.

8     (1)  

Amend section 208 (appeals against notices under section 207) as follows.

      (2)  

After subsection (5) insert—

“(5A)   

Subsection (5) does not apply to an appeal against a notice issued by

30

a local planning authority in England.”

      (3)  

In subsection (6) for “such an appeal is brought” substitute “an appeal is

brought under subsection (1)”.

9          

In section 322 (orders as to costs of parties where no local inquiry held) after

subsection (1) insert—

35

“(1A)   

This section also applies to proceedings under this Act involving an

appeal to which section 319A applies.”

10         

In section 322A (orders as to costs: supplementary) after subsection (1)

insert—

“(1A)   

This section also applies where—

40

(a)   

arrangements are made for a local inquiry or a hearing to be

held pursuant to a determination under section 319A;

 
 

Planning Bill
Schedule 5 — Further provisions as to the procedure for certain appeals

126

 

(b)   

the inquiry or hearing does not take place; and

(c)   

if it had taken place, the Secretary of State or a person

appointed by the Secretary of State would have had power to

make an order under section 250(5) of the Local Government

Act 1972 requiring any party to pay any costs of any other

5

party.”

11    (1)  

Amend section 323 (procedure on certain appeals and applications) as

follows.

      (2)  

After subsection (1) insert—

“(1A)   

The Secretary of State may by regulations prescribe the procedure to

10

be followed in connection with proceedings under this Act involving

an appeal which, pursuant to a determination under section 319A, is

to be considered on the basis of representations in writing.”

      (3)  

In subsections (2) and (3) for “The regulations may” substitute “Regulations

under this section may”.

15

      (4)  

In subsection (2)(a) for “such an inquiry or hearing” substitute “an inquiry

or hearing to which rules under section 9 of the Tribunals and Inquiries Act

1992 would apply”.

12    (1)  

Amend Schedule 6 (determination of certain appeals by person appointed

by Secretary of State) as follows.

20

      (2)  

In paragraph 2 after sub-paragraph (1) insert—

   “(1A)  

In the case of an appeal to which section 319A applies, an

appointed person shall also have the same powers and duties in

relation to the appeal as the Secretary of State has under that

section.”

25

      (3)  

For sub-paragraph (5) of that paragraph substitute—

    “(5)  

Sub-paragraph (2) does not apply—

(a)   

in the case of an appeal to which section 319A applies; or

(b)   

in the case of an appeal under section 78 if the appeal is

referred to a Planning Inquiry Commission under section

30

101.”

      (4)  

In paragraph 3 for sub-paragraph (5) substitute—

    “(5)  

Sub-paragraph (4) does not apply—

(a)   

in the case of an appeal to which section 319A applies; or

(b)   

in the case of an appeal under section 78 if the appeal is

35

referred to a Planning Inquiry Commission under section

101.”

      (5)  

In paragraph 6 after sub-paragraph (1) insert—

   “(1A)  

Sub-paragraph (1) does not apply in the case of an appeal to which

section 319A applies; but an appointed person may hold a hearing

40

or local inquiry in connection with such an appeal pursuant to a

determination under that section.”

      (6)  

In sub-paragraph (2)(a) of that paragraph after “2(4)” insert “or this

paragraph”.

 
 

Planning Bill
Schedule 5 — Further provisions as to the procedure for certain appeals

127

 

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

13         

The Listed Buildings Act is amended as follows.

14         

In section 20(4) (right of appeal in case of failure to give notice of decision)

for “22(1) and 63(7)(b)” substitute “22(1) and (2A), 63(7)(b) and 88D(7)(a)”.

15    (1)  

Amend section 22 (determination of appeals under section 20) as follows.

5

      (2)  

After subsection (2) insert—

“(2A)   

Subsection (2) does not apply to an appeal against a decision of a

local planning authority in England.”

      (3)  

In subsection (3) for “the appeal” substitute “an appeal under section 20”.

16         

In section 40 (supplementary provisions about appeals against listed

10

building enforcement notices) after subsection (2) insert—

“(2A)   

Subsection (2) does not apply to an appeal against a listed building

enforcement notice issued by a local planning authority in England.”

17         

In section 41(4) (determination of appeals: disapplication of section 40(2))—

(a)   

after “If” insert “section 40(2) would otherwise apply and”, and

15

(b)   

after “subsection (3)” insert “of this section”.

18         

In section 74(3) (application of certain provisions in relation to buildings in

conservation areas) after “82D” insert “, 88D”.

19         

In section 89 (application of certain general provisions of TCPA 1990) after

subsection (1) insert—

20

“(1ZA)   

In the application of sections 322, 322A and 323 of that Act by virtue

of this section, references to section 319A of that Act shall have effect

as references to section 88D of this Act.”

20    (1)  

Amend Schedule 3 (determination of certain appeals by person appointed

by Secretary of State) as follows.

25

      (2)  

In paragraph 2 after sub-paragraph (1) insert—

   “(1A)  

In the case of an appeal to which section 88D applies, an appointed

person shall also have the same powers and duties in relation to

the appeal as the Secretary of State has under that section.”

      (3)  

After sub-paragraph (5) of that paragraph insert—

30

   “(5A)  

Sub-paragraph (2) does not apply in the case of an appeal to which

section 88D applies.”

      (4)  

In paragraph 3 after sub-paragraph (4) insert—

   “(4A)  

Sub-paragraph (4) does not apply in the case of an appeal to which

section 88D applies.”

35

      (5)  

In paragraph 6 after sub-paragraph (1) insert—

   “(1A)  

Sub-paragraph (1) does not apply in the case of an appeal to which

section 88D applies; but an appointed person may hold a hearing

or local inquiry in connection with such an appeal pursuant to a

determination under that section.”

40

 
 

 
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