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Planning Bill


Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 2 — Pre-application procedure

20

 

were required by that subsection to consult the Commission about the

proposed application.

(2)   

The applicant must comply with subsection (1) on or before commencing

consultation under section 37(1).

42      

Duty to consult local community

5

(1)   

The applicant must prepare a statement setting out how the applicant proposes

to consult, about the proposed development, people living in the vicinity of the

land.

(2)   

Before preparing the statement, the applicant must consult each local authority

that is within section 38(1) about what is to be in the statement.

10

(3)   

In preparing the statement, the applicant must have regard to—

(a)   

any response received by the applicant to consultation under

subsection (2),

(b)   

any guidance given by the Secretary of State (including any guidance

given by the Secretary of State about community involvement in

15

planning), and

(c)   

any guidance given by the Commission.

(4)   

Once the applicant has prepared the statement, the applicant must publish it—

(a)   

in a newspaper circulating in the vicinity of the land, and

(b)   

in such other manner as may be prescribed.

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(5)   

The applicant must carry out consultation in accordance with the proposals set

out in the statement.

43      

Duty to publicise

(1)   

The applicant must publicise the proposed application in the prescribed

manner.

25

(2)   

Regulations made for the purposes of subsection (1) must, in particular, make

provision for publicity under subsection (1) to include a deadline for receipt by

the applicant of responses to the publicity.

44      

Duty to take account of responses to consultation and publicity

(1)   

Subsection (2) applies where the applicant—

30

(a)   

has complied with sections 37(1), 42 and 43(1), and

(b)   

proposes to go ahead with making an application for an order granting

development consent (whether or not in the same terms as the

proposed application).

(2)   

The applicant must, when deciding whether the application that the applicant

35

is actually to make should be in the same terms as the proposed application,

have regard to any relevant responses.

(3)   

In subsection (2) “relevant response” means—

(a)   

a response from a person consulted under section 37(1) that is received

by the applicant before the deadline imposed by section 40 in that

40

person’s case,

 
 

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 3 — Assistance for applicants and others

21

 

(b)   

a response to consultation under section 42(5) that is received by the

applicant before any applicable deadline imposed in accordance with

the statement prepared under section 42, or

(c)   

a response to publicity under section 43 that is received by the applicant

before the deadline imposed in accordance with section 43(2) in relation

5

to that publicity.

Chapter 3

Assistance for applicants and others

45      

Advice for potential applicants and others

(1)   

The Commission may give advice to an applicant or potential applicant, or to

10

others, about—

(a)   

applying for an order granting development consent;

(b)   

making representations about an application, or a proposed

application, for such an order.

(2)   

The Commission may not under subsection (1) give advice about the merits of

15

any particular application, or proposed application, for such an order.

(3)   

The Secretary of State may, if the Secretary of State thinks it appropriate to do

so in connection with securing propriety in the giving of advice under

subsection (1), by regulations make provision about the giving of advice under

that subsection (but not about what the advice is to be).

20

(4)   

In particular, regulations under subsection (3) may make provision that has the

effect that—

(a)   

a person’s request for advice under subsection (1), or

(b)   

advice given under subsection (1) to a person,

   

must be, or may be, disclosed by the Commission to persons other than that

25

person or to the public generally.

46      

Obtaining information about interests in land

(1)   

Where a person is applying, or proposes to apply, for an order granting

development consent, subsection (2) applies for the purpose of enabling the

person (“the applicant”) to comply with provisions of, or made under, Chapter

30

2 of this Part or Chapter 1 of Part 6.

(2)   

The Commission may authorise the applicant to serve a notice on a person

mentioned in subsection (3) requiring the person (“the recipient”) to give to the

applicant in writing the name and address of any person the recipient believes

is one or more of the following—

35

(a)   

an owner, lessee, tenant (whatever the tenancy period) or occupier of

the land;

(b)   

a person interested in the land;

(c)   

a person having power—

(i)   

to sell and convey the land, or

40

(ii)   

to release the land.

(3)   

The persons are—

(a)   

an occupier of the land;

 
 

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 3 — Assistance for applicants and others

22

 

(b)   

a person who has an interest in the land as freeholder, mortgagee or

lessee;

(c)   

a person who directly or indirectly receives rent for the land;

(d)   

a person who, in pursuance of an agreement between that person and

a person interested in the land, is authorised to manage the land or to

5

arrange for the letting of it.

(4)   

A notice under subsection (2) must—

(a)   

be in writing,

(b)   

state that the Commission has authorised the applicant to serve the

notice,

10

(c)   

specify or describe the land to which the application, or proposed

application, relates,

(d)   

specify the deadline by which the recipient must give the required

information to the applicant, and

(e)   

draw attention to the provisions in subsections (6) to (9).

15

(5)   

A deadline specified under subsection (4)(d) in a notice must not be earlier than

the end of the 14 days beginning with the day after the day on which the notice

is served on the recipient of the notice.

(6)   

A person commits an offence if the person fails without reasonable excuse to

comply with a notice under subsection (2) served on the person.

20

(7)   

A person commits an offence if, in response to a notice under subsection (2)

served on the person—

(a)   

the person gives information which is false in a material particular, and

(b)   

when the person does so, the person knows or ought reasonably to

know that the information is false.

25

(8)   

If an offence under this section committed by a body corporate is proved to

have been committed with the consent or connivance of, or to be attributable

to any neglect on the part of—

(a)   

a director, manager, secretary or other similar officer of the body,

(b)   

a person purporting to act in any such capacity, or

30

(c)   

in a case where the affairs of the body are managed by its members, a

member of the body,

   

that person, as well as the body, is guilty of that offence and liable to be

proceeded against accordingly.

(9)   

A person guilty of an offence under this section is liable on summary

35

conviction to a fine not exceeding level 5 on the standard scale.

(10)   

In subsections (2) and (3) “the land” means—

(a)   

the land to which the application, or proposed application, relates, or

(b)   

any part of that land.

(11)   

Any other expression that appears in either of paragraphs (b) and (c) of

40

subsection (2) and also in section 5(1) of the Compulsory Purchase Act 1965

(c. 56) has in those paragraphs the meaning that it has in section 5(1) of that Act.

 
 

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 3 — Assistance for applicants and others

23

 

47      

Rights of entry

(1)   

Any person duly authorised in writing by the Commission may at any

reasonable time enter any land for the purpose of surveying and taking levels

of it in connection with—

(a)   

an application for an order granting development consent, whether in

5

relation to that or any other land, that has been accepted by the

Commission,

(b)   

a proposed application for an order granting development consent, or

(c)   

an order granting development consent that includes provision

authorising the compulsory acquisition of that land or of an interest in

10

it.

(2)   

Authorisation may be given by the Commission under subsection (1)(b) in

relation to any land only if it appears to the Commission that—

(a)   

the proposed applicant is considering a distinct project of real

substance genuinely requiring entry onto the land,

15

(b)   

the proposed application is likely to seek authority to compulsorily

acquire the land, and

(c)   

the proposed applicant has complied with section 37(1) in relation to

the proposed application.

(3)   

Subject to subsections (9) and (10), power conferred by subsection (1) to survey

20

land includes power to search and bore for the purpose of ascertaining the

nature of the subsoil or the presence of minerals or other matter in it.

(4)   

A person authorised under subsection (1) to enter any land—

(a)   

must, if so required, produce evidence of the person’s authority, and

state the purpose of the person’s entry, before so entering,

25

(b)   

may not demand admission as of right to any land which is occupied

unless 14 days’ notice of the intended entry has been given to the

occupier, and

(c)   

must comply with any other conditions subject to which the

Commission’s authorisation is given.

30

(5)   

A person commits an offence if the person wilfully obstructs a person acting in

the exercise of power under subsection (1).

(6)   

A person guilty of an offence under subsection (5) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(7)   

Where any damage is caused to land or chattels—

35

(a)   

in the exercise of a right of entry conferred under subsection (1), or

(b)   

in the making of any survey for the purpose of which any such right of

entry has been conferred,

   

compensation may be recovered by any person suffering the damage from the

person exercising the right of entry.

40

(8)   

Any question of disputed compensation under subsection (7) must be referred

to and determined by the Lands Tribunal.

(9)   

No person may carry out under subsection (1) any works authorised by virtue

of subsection (3) unless notice of the person’s intention to do so was included

in the notice required by subsection (4)(b).

45

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission

24

 

(10)   

The authority of the appropriate Minister is required for the carrying out under

subsection (1) of works authorised by virtue of subsection (3) if—

(a)   

the land in question is held by statutory undertakers, and

(b)   

they object to the proposed works on the ground that execution of the

works would be seriously detrimental to the carrying-on of their

5

undertaking.

(11)   

In subsection (10)—

“the appropriate Minister” means—

(a)   

in the case of land in Wales held by water or sewerage

undertakers, the Welsh Ministers, and

10

(b)   

in any other case, the Secretary of State;

“statutory undertakers” means persons who are, or who are deemed to be,

statutory undertakers for the purposes of any provision of Part 11 of

TCPA 1990.

48      

Rights of entry: the Crown

15

(1)   

Subsections (1) to (3) of section 47 apply to Crown land subject to subsections

(2) and (3) of this section.

(2)   

A person must not enter Crown land unless the person (“P”) has the

permission of—

(a)   

a person appearing to P to be entitled to give it, or

20

(b)   

the appropriate Crown authority.

(3)   

In section 47(3), the words “Subject to subsections (9) and (10)” must be

ignored.

(4)   

Subsections (4) to (6) and (9) to (11) of section 47 do not apply to anything done

by virtue of subsections (1) to (3) of this section.

25

Part 6

Deciding applications for orders granting development consent

Chapter 1

Handling of application by Commission

49      

Acceptance of applications

30

(1)   

The following provisions of this section apply where the Commission receives

an application that purports to be an application for an order granting

development consent.

(2)   

The Commission must, by the end of the period of 28 days beginning with the

day after the day on which it receives the application, decide whether or not to

35

accept the application.

(3)   

The Commission may accept the application only if the Commission

concludes—

(a)   

that it is an application for an order granting development consent,

(b)   

that it complies with section 32(3) (form and contents of application)

40

and with any standards set under section 32(5),

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission

25

 

(c)   

that it gives reasons for each respect in which any applicable guidance

given under section 32(4) has not been followed in relation to it, and

(d)   

that the applicant has, in relation to a proposed application that has

become the application, complied with Chapter 2 of Part 5 (pre-

application procedure).

5

(4)   

The Commission, when deciding whether it may reach the conclusion in

subsection (3)(d), must have regard to any adequacy-of-consultation

representation received by it from a local-authority consultee.

(5)   

In subsection (4)—

“local-authority consultee” means—

10

(a)   

a local authority consulted under section 37(1)(b) about a

proposed application that has become the application, or

(b)   

the Greater London Authority if consulted under section

37(1)(c) about that proposed application;

“adequacy-of-consultation representation” means a representation about

15

whether the applicant complied, in relation to that proposed

application, with the applicant’s duties under sections 37, 42 and 43.

(6)   

If the Commission accepts the application, it must notify the applicant of the

acceptance.

(7)   

If the Commission is of the view that it cannot accept the application, it must—

20

(a)   

notify that view to the applicant, and

(b)   

notify the applicant of its reasons for that view.

(8)   

If in response the applicant modifies (or further modifies) the application,

subsections (2) to (7) then apply in relation to the application as modified.

50      

Notifying persons of accepted application

25

(1)   

Subsections (2), (6) and (7) apply where the Commission accepts an application

for an order granting development consent.

(2)   

The applicant must give notice of the application to—

(a)   

such persons as may be prescribed,

(b)   

each authority which, in relation to the application, is a relevant local

30

authority within the meaning given by section 92(5),

(c)   

the Greater London Authority if the land to which the application

relates, or any part of it, is in Greater London, and

(d)   

each person who is within one or more of the categories set out in

section 51.

35

(3)   

Notice under subsection (2) must be in such form and contain such matter, and

be given in such manner, as may be prescribed.

(4)   

The applicant must, when giving notice to a person under subsection (2), notify

the person of the deadline for receipt by the Commission of representations

giving notice of the person’s interest in, or objection to, the application.

40

(5)   

A deadline notified under subsection (4) must not be earlier than the end of the

period of 28 days that begins with the day after the day on which the person

receives the notice.

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission

26

 

(6)   

The applicant must make available, to each person to whom notice is given

under subsection (2), a copy of—

(a)   

the application, and

(b)   

the documents and information that were required by section 32(3)(d)

to accompany the application.

5

(7)   

The applicant must publicise the application in the prescribed manner.

(8)   

Regulations made for the purposes of subsection (7) must, in particular, make

provision for publicity under subsection (7) to include a deadline for receipt by

the Commission of representations giving notice of persons’ interests in, or

objections to, the application.

10

(9)   

A deadline specified in accordance with subsection (8) does not apply to a

person to whom notice is given under subsection (2).

51      

Categories for purposes of section 50(2)(d)

(1)   

A person is within Category 1 if the person is an owner, lessee, tenant

(whatever the tenancy period) or occupier of the land.

15

(2)   

A person is within Category 2 if the applicant, after making diligent inquiry,

knows that the person—

(a)   

is interested in the land, or

(b)   

has power—

(i)   

to sell and convey the land, or

20

(ii)   

to release the land.

(3)   

An expression, other than “the land”, that appears in subsection (2) of this

section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has

in subsection (2) the meaning that it has in section 5(1) of that Act.

(4)   

A person is within Category 3 if the applicant thinks that, if the order sought

25

by the application were to be made and fully implemented, the person would

or might be entitled—

(a)   

as a result of the implementing of the order,

(b)   

as a result of the order having been implemented, or

(c)   

as a result of use of the land once the order has been implemented,

30

   

to make a relevant claim.

(5)   

In subsection (4) “relevant claim” means—

(a)   

a claim under section 10 of the Compulsory Purchase Act 1965

(compensation where satisfaction not made for the taking, or injurious

affection, of land subject to compulsory purchase),

35

(b)   

a claim under Part 1 of the Land Compensation Act 1973 (c. 26)

(compensation for depreciation of land by emissions caused by use of

public works), or

(c)   

a claim for nuisance.

(6)   

In this section “the land” means the land to which the application relates or any

40

part of that land.

52      

Certifying compliance with section 50

(1)   

Subsection (2) applies where—

 
 

 
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