Planning Bill

House of Commons

Session 2007 - 08
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Planning Bill

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
56

(a)
the persons in whom it is vested,
(b)
other persons, if any, entitled to rights of common or other rights, and
(c)
the public.
(4)
This subsection applies if—
(a)
replacement land has been or will be given in exchange for the order
5
right, and
(b)
the replacement land has been or will be vested in the persons in whom
the order land is vested and subject to the same rights, trusts and
incidents as attach to the order land (ignoring the order granting
development consent).
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(5)
This subsection applies if the order right is being acquired in order to secure
the preservation or improve the management of the order land.
(6)
This subsection applies if—
(a)
the order land does not exceed 209.03 square metres in extent or the
order right is required in connection with the widening or drainage of
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an existing highway or in connection partly with the widening and
partly with the drainage of such a highway, and
(b)
the giving of other land in exchange for the order right is unnecessary,
whether in the interests of the persons, if any, entitled to rights of
common or other rights or in the interests of the public.
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(7)
If an order granting development consent authorises the compulsory
acquisition of a relevant right over land to which this section applies, it may
include provision—
(a)
for vesting replacement land given in exchange as mentioned in
subsection (4)(a) in the persons in whom the order land is vested and
25
subject to the rights, trusts and incidents mentioned in subsection
(4)(b), and
(b)
for discharging the order land from all rights, trusts and incidents to
which it has previously been subject so far as their continuance would
be inconsistent with the exercise of the order right.
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(8)
Subsection (7)(b) does not apply in a case where subsection (5) applies.
(9)
In this section —
“common”, “fuel or field garden allotment” and “open space” have the
same meanings as in section 114;
“the order land” means the land to which this section applies over which
35
the order right is to be exercisable;
“the order right” means the relevant right authorised to be compulsorily
acquired;
“relevant right” means a right to which Schedule 3 to the Acquisition of
Land Act 1981 (c. 67) applies;
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“replacement land” means land which will be adequate to compensate the
following persons for the disadvantages which result from the
compulsory acquisition of the order right—
(a)
the persons in whom the order land is vested,
(b)
the persons, if any, entitled to rights of common or other rights
45
over the order land, and
(c)
the public.

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
57

116
Crown land
An order granting development consent may include provision authorising
the compulsory acquisition of an interest in Crown land only if—
(a)
it is an interest which is for the time being held otherwise than by or on
behalf of the Crown, and
5
(b)
the appropriate Crown authority consents to the acquisition.
117
Notice of authorisation of compulsory acquisition
(1)
This section applies if—
(a)
an order is made granting development consent, and
(b)
the order includes provision authorising the compulsory acquisition of
10
land.
(2)
In this section —
“the order land” means the land authorised to be compulsorily acquired;
“the prospective purchaser” means the person authorised to compulsorily
acquire land by the order granting development consent.
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(3)
After the order has been made, the prospective purchaser must—
(a)
serve a compulsory acquisition notice and a copy of the order on each
person to whom subsection (4) applies, and
(b)
affix a compulsory acquisition notice to a conspicuous object or objects
on or near the order land.
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(4)
This subsection applies to any person who, if the order granting development
consent were a compulsory purchase order, would be a qualifying person for
the purposes of section 12(1) of the Acquisition of Land Act 1981 (c. 67) (notice
to owners, lessees and occupiers).
(5)
A compulsory acquisition notice which is affixed under subsection (3)(b)
25
must—
(a)
be addressed to persons occupying or having an interest in the order
land, and
(b)
so far as practicable, be kept in place by the prospective purchaser until
the end of the period of 6 weeks beginning with the date on which the
30
order is published.
(6)
The prospective purchaser must also publish a compulsory acquisition notice
in one or more local newspapers circulating in the locality in which the order
land is situated.
(7)
A compulsory acquisition notice is a notice in the prescribed form—
35
(a)
describing the order land,
(b)
stating that the order granting development consent includes provision
authorising the compulsory acquisition of the land, and
(c)
stating that a person aggrieved by the order may challenge the order
only in accordance with section 104.
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(8)
A compulsory acquisition notice which is affixed under subsection (3)(b) must
also name a place where a copy of the order granting development consent
may be inspected at all reasonable hours.

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
58

Miscellaneous
118
Public rights of way
An order granting development consent may extinguish a public right of way
over land only if the decision-maker is satisfied that—
(a)
an alternative right of way has been or will be provided, or
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(b)
the provision of an alternative right of way is not required.
119
Excavation, mining, quarrying and boring operations
An order granting development consent may include provision authorising
the activities mentioned in section 105(4)(d) only if the development to which
the order relates is or includes the underground storage of gas.
10
120
Operation of generating stations
An order granting development consent may include provision authorising
the operation of a generating station only if the development to which the
order relates is or includes the construction or extension of the generating
station.
15
121
Keeping electric lines installed above ground
An order granting development consent may include provision authorising an
electric line to be kept installed above ground only if the development to which
the order relates is or includes the installation of the line above ground.
122
Diversion of watercourses
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(1)
An order granting development consent may include provision authorising
the diversion of any part of a navigable watercourse only if the condition in
subsection (2) is met.
(2)
The new length of watercourse must be navigable in a reasonably convenient
manner by vessels of a kind that are accustomed to using the part of the
25
watercourse which is to be diverted.
(3)
In deciding whether the condition in subsection (2) is met, the effect of any
bridge or tunnel must be ignored if the construction of the bridge or tunnel is
part of the development for which consent is granted by the order granting
development consent.
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(4)
If an order granting development consent includes provision authorising the
diversion of any part of a navigable watercourse, the order is also to be taken
to authorise the diversion of any tow path or other way adjacent to that part.
123
Highways
(1)
An order granting development consent may include provision authorising
35
the charging of tolls in relation to a proposed highway only if a request to that
effect has been included in the application for the order.
(2)
An order granting development consent may include provision authorising—
(a)
the appropriation of a highway by a person, or

Planning Bill
Part 7 — Development consent orders
Chapter 2 — General
59

(b)
the transfer of a highway to a person,

only if the appropriation or transfer is connected with the construction by the
person of a highway which is designated by the order as a special road.
124
Discharge of water
(1)
This section applies if—
5
(a)
an order granting development consent includes provision authorising
the discharge of water into inland waters or underground strata, and
(b)
but for the order, the person to whom development consent is granted
would have had no power to take water, or to require discharges to be
made, from the inland waters or other source from which the
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discharges authorised by the order are intended to be made.
(2)
The order does not have the effect of conferring any such power on that person.
125
Development of Green Belt land
(1)
This section applies if an order granting development consent includes
provision—
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(a)
authorising the acquisition of Green Belt land, compulsorily or by
agreement,
(b)
authorising the sale, exchange or appropriation of Green Belt land, or
(c)
freeing land from any restriction imposed upon it by or under the
Green Belt (London and Home Counties) Act 1938 (c. xciii), or by a
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covenant or other agreement entered into for the purposes of that Act.
(2)
The decision-maker must notify the relevant local authorities of the provision
made by the order.
(3)
If the decision-maker is a Panel or the Council, the decision-maker must also
notify the Secretary of State of the provision made by the order.
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(4)
The relevant local authorities are—
(a)
each local authority in whose area all or part of the land is situated,
(b)
any local authority in whom all or part of the land is vested, and
(c)
each contributing local authority.
(5)
In this section “local authority” and “contributing local authority” have the
30
same meanings as in the Green Belt (London and Home Counties) Act
1938 (c. xciii) (see section 2(1) of that Act).
Chapter 2
General
126
Duration of development consent order
35
(1)
Development for which development consent is granted must be begun before
the end of—
(a)
the prescribed period, or
(b)
such other period (whether longer or shorter than that prescribed) as is
specified in the order granting the consent.
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Planning Bill
Part 8 — Enforcement
60

(2)
If the development is not begun before the end of the period applicable under
subsection (1), the order granting development consent ceases to have effect at
the end of that period.
127
When development begins
(1)
For the purposes of this Act development is taken to begin on the earliest date
5
on which any material operation comprised in the development begins to be
carried out.
(2)
“Material operation” means—
(a)
a work of construction in the course of the erection, extension,
alteration or re-erection of a building;
10
(b)
a work of demolition of a building;
(c)
the digging of a trench which is to contain the foundations, or part of
the foundations, of a building;
(d)
the laying of an underground main or pipe—
(i)
to the foundations, or part of the foundations, of a building, or
15
(ii)
to a trench such as is mentioned in paragraph (c);
(e)
an operation in the course of laying out or constructing a road or part
of a road;
(f)
a change in the use of land which constitutes material development.
(3)
“Material development” has the meaning given by section 56(5) of TCPA 1990.
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128
Benefit of development consent order
(1)
If an order granting development consent is made in respect of any land, the
order has effect for the benefit of the land and all persons for the time being
interested in the land.
(2)
Subsection (1) is subject to any contrary provision made in the order.
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129
Use of buildings in respect of which development consent granted
(1)
If development consent is granted for development which includes the
erection, extension, alteration or re-erection of a building, the order granting
consent may specify the purposes for which the building is authorised to be
used.
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(2)
If no purpose is so specified, the consent is taken to authorise the use of the
building for the purpose for which it is designed.
Part 8
Enforcement
Offences
35
130
Development without development consent
(1)
A person commits an offence if the person carries out, or causes to be carried
out, development for which development consent is required at a time when
no development consent is in force in respect of the development.

Planning Bill
Part 8 — Enforcement
61

(2)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to a fine not exceeding £50,000, or
(b)
on conviction on indictment, to a fine.
(3)
The Secretary of State may by order amend subsection (2)(a) to increase the
level of the fine for the time being specified in that provision.
5
131
Breach of terms of order granting development consent
(1)
A person commits an offence if without reasonable excuse the person—
(a)
carries out, or causes to be carried out, development in breach of the
terms of an order granting development consent, or
(b)
otherwise fails to comply with the terms of an order granting
10
development consent.
(2)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to a fine not exceeding £50,000, or
(b)
on conviction on indictment, to a fine.
(3)
The Secretary of State may by order amend subsection (2)(a) to increase the
15
level of the fine for the time being specified in that provision.
132
Time limits
(1)
A person may not be charged with an offence under section 130 after the end
of the period of 4 years beginning with the date on which the development was
substantially completed.
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(2)
A person may not be charged with an offence under section 131 after the end
of the period of 4 years beginning with the later of—
(a)
the date on which the development was substantially completed, and
(b)
the date on which the breach or failure to comply occurred.
(3)
This section does not prevent a person being charged with an offence under
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section 130 or 131 if, during the period of 4 years ending with the person being
charged—
(a)
an information notice has been served under section 137, or
(b)
an injunction has been applied for under section 141.
Rights of entry
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133
Right to enter without warrant
(1)
This section applies if a local planning authority has reasonable grounds for
suspecting that an offence under section 130 or 131 is being, or has been,
committed on or in respect of any land.
(2)
A person authorised in writing by the local planning authority may at any
35
reasonable hour enter the land for the purpose of ascertaining whether an
offence under section 130 or 131 is being, or has been, committed on the land.
(3)
A person may enter a building used as a dwelling-house under subsection (2)
only if 24 hours’ notice of the intended entry has been given to the occupier of
the building.
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