Planning Bill

House of Commons

Session 2007 - 08
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Planning Bill

Planning Bill
Part 8 — Enforcement
62

134
Right to enter under warrant
(1)
This section applies if it is shown to the satisfaction of a justice of the peace on
sworn information in writing—
(a)
that there are reasonable grounds for suspecting that an offence under
section 130 or 131 is being, or has been, committed on or in respect of
5
any land, and
(b)
that the condition in subsection (2) is met.
(2)
The condition is that—
(a)
admission to the land has been refused, or a refusal is reasonably
apprehended, or
10
(b)
the case is one of urgency.
(3)
The justice of the peace may issue a warrant authorising any person who is
authorised in writing for the purpose by a local planning authority to enter the
land.
(4)
For the purposes of subsection (2)(a) admission to land is to be regarded as
15
having been refused if no reply is received to a request for admission within a
reasonable period.
(5)
A warrant authorises entry on one occasion only and that entry must be—
(a)
before the end of the period of one month beginning with the date of
the issue of the warrant, and
20
(b)
at a reasonable hour, unless the case is one of urgency.
135
Rights of entry: supplementary provisions
(1)
A person authorised to enter land in pursuance of a right of entry conferred
under or by virtue of section 133 or 134 (“a relevant right of entry”)—
(a)
must, if so required, produce evidence of the authority and state the
25
purpose of entry before entering the land,
(b)
may take on to the land such other persons as may be necessary, and
(c)
must, if the person leaves the land at a time when the owner or occupier
is not present, leave it as effectively secured against trespassers as it
was found.
30
(2)
A person commits an offence if the person wilfully obstructs a person acting in
the exercise of a relevant right of entry.
(3)
A person guilty of an offence under subsection (2) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(4)
If any damage is caused to land or chattels in the exercise of a relevant right of
35
entry, compensation may be recovered by any person suffering the damage
from the local planning authority that authorised the entry.
(5)
Except so far as otherwise provided by regulations, any question of disputed
compensation under subsection (4) is to be referred to and determined by the
Lands Tribunal.
40
(6)
In relation to the determination of any such question, the provisions of sections
2 and 4 of the Land Compensation Act 1961 (c. 33) apply subject to any
necessary modifications and to any other prescribed modifications.

Planning Bill
Part 8 — Enforcement
63

136
Rights of entry: the Crown
Sections 133 and 134 do not apply to Crown land.
Information notices
137
Power to require information
(1)
If it appears to a local planning authority that an offence under section 130 or
5
131 may have been committed on or in respect of any land, it may serve an
information notice.
(2)
The information notice may be served on any person who—
(a)
is the owner or occupier of the land or has any other interest in it, or
(b)
is carrying out operations on the land or is using it for any purpose.
10
(3)
The information notice may require the person on whom it is served to give
such of the following information as may be specified in the notice—
(a)
information about any operations being carried out in, on, over or
under the land, any use of the land and any other activities being
carried out in, on, over or under the land, and
15
(b)
information about the provisions of any order granting development
consent for development of the land.
(4)
An information notice must inform the person on whom it is served of the
likely consequences of a failure to respond to the notice.
(5)
A requirement of an information notice is complied with by giving the
20
required information to the local planning authority in writing.
138
Offences relating to information notices
(1)
A person commits an offence if without reasonable excuse the person fails to
comply with any requirement of an information notice served under section
137 before the end of the period mentioned in subsection (2).
25
(2)
The period referred to in subsection (1) is the period of 21 days beginning with
the day on which the information notice is served.
(3)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(4)
A person commits an offence if the person—
30
(a)
makes any statement purporting to comply with a requirement of an
information notice which he knows to be false or misleading in a
material respect, or
(b)
recklessly makes such a statement which is false or misleading in a
material respect.
35
(5)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.

Planning Bill
Part 8 — Enforcement
64

Notices of unauthorised development
139
Notice of unauthorised development
(1)
Subsection (2) applies if a person is found guilty of an offence under section
130.
(2)
The local planning authority may serve a notice of unauthorised development
5
on the person requiring such steps as may be specified in the notice to be
taken—
(a)
to remove the development, and
(b)
to restore the land on which the development has been carried out to its
condition before the development was carried out.
10
(3)
Subsection (4) applies if a person is found guilty of an offence under section
131.
(4)
The local planning authority may serve a notice of unauthorised development
on the person requiring the person to remedy the breach or failure to comply.
(5)
A notice of unauthorised development—
15
(a)
must specify the period within which any steps are required to be
taken, and
(b)
may specify different periods for different steps.
(6)
Where different periods apply to different steps, references in this Part to the
period for compliance with a notice of unauthorised development, in relation
20
to any step, are to the period within which the step is required to be taken.
(7)
A notice of unauthorised development must specify such additional matters as
may be prescribed.
140
Execution of works required by notice of unauthorised development
(1)
If any of the steps specified in a notice of unauthorised development have not
25
been taken before the end of the period for compliance with the notice, the local
planning authority may—
(a)
enter the land on which the development has been carried out and take
those steps, and
(b)
recover from the person who is then the owner of the land any expenses
30
reasonably incurred by it in doing so.
(2)
Where a notice of unauthorised development has been served in respect of a
development—
(a)
any expenses incurred by the owner or occupier of the land for the
purposes of complying with it, and
35
(b)
any sums paid by the owner of the land under subsection (1) in respect
of expenses incurred by the local planning authority in taking steps
required by it,

are to be deemed to be incurred or paid for the use and at the request of the
person found guilty of the offence under section 130 or 131.
40
(3)
Regulations may provide that all or any of the following sections of the Public
Health Act 1936 (c. 49) are to apply, subject to such adaptations and
modifications as may be specified in the regulations, in relation to any steps
required to be taken by a notice of unauthorised development—

Planning Bill
Part 8 — Enforcement
65

section 276 (power of local authorities to sell materials removed in
executing works under that Act subject to accounting for the proceeds
of sale);
section 289 (power to require the occupier of any premises to permit
works to be executed by the owner of the premises);
5
section 294 (limit on liability of persons holding premises as agents or
trustees in respect of the expenses recoverable under that Act).
(4)
Regulations under subsection (3) applying all or any of section 289 of that Act
may include adaptations and modifications for the purpose of giving the
owner of land to which such a notice relates the right, as against all other
10
persons interested in the land, to comply with the requirements of the notice.
(5)
Regulations under subsection (3) may also provide for the charging on the land
on which the development is carried out of any expenses recoverable by a local
planning authority under subsection (1).
(6)
A person commits an offence if the person wilfully obstructs a person acting in
15
the exercise of powers under subsection (1).
(7)
A person guilty of an offence under subsection (6) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
Injunctions
141
Injunctions
20
(1)
A local planning authority may apply to the court for an injunction if it
considers it necessary or expedient for any actual or apprehended prohibited
activity to be restrained by injunction.
(2)
Prohibited activity means activity that constitutes an offence under section 130
or 131.
25
(3)
On an application under this section the court may grant such an injunction as
the court thinks fit for the purpose of restraining the prohibited activity.
(4)
In this section “the court” means the High Court or a county court.
Isles of Scilly
142
Isles of Scilly
30
(1)
The Secretary of State may by order provide for the exercise by the Council of
the Isles of Scilly of any functions exercisable by a local planning authority
under any provision of this Part.
(2)
Before making an order under this section the Secretary of State must consult
the Council of the Isles of Scilly.
35

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 1 — Changes related to development consent regime
66

Part 9
Changes to existing planning regimes
Chapter 1
Changes related to development consent regime
Planning obligations
5
143
Planning obligations
(1)
TCPA 1990 is amended as follows.
(2)
In section 106 (planning obligations)—
(a)
after subsection (1) insert—
“(1A)
In the case of a development consent obligation, the reference to
10
development in subsection (1)(a) includes anything that
constitutes development for the purposes of the Planning Act
2008.”;
(b)
in subsection (9) after paragraph (a) insert—
“(aa)
if the obligation is a development consent obligation,
15
contains a statement to that effect;”;
(c)
after subsection (13) insert—
“(14)
In this section and section 106A “development consent
obligation” means a planning obligation entered into in
connection with an application (or a proposed application) for
20
an order granting development consent.”
(3)
In section 106A(11) (modification and discharge of planning obligations:
meaning of “the appropriate authority”) after paragraph (a) insert—
“(aa)
the Secretary of State, in the case of any development consent
obligation where the application in connection with which the
25
obligation was entered into was (or is to be) decided by the
Secretary of State;
(ab)
the Infrastructure Planning Commission, in the case of any
other development consent obligation;”.
(4)
In section 106B(1) (appeals) after “an authority” insert “(other than the
30
Secretary of State or the Infrastructure Planning Commission)”.
(5)
After section 106B insert—
“106C
Legal challenges relating to development consent obligations
(1)
A court may entertain proceedings for questioning a failure by the
Secretary of State or the Infrastructure Planning Commission to give
35
notice as mentioned in section 106A(7) only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning
with the day on which the period prescribed under section
106A(7) ends.
40

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 1 — Changes related to development consent regime
67

(2)
A court may entertain proceedings for questioning a determination by
the Secretary of State or the Infrastructure Planning Commission that a
planning obligation shall continue to have effect without modification
only if—
(a)
the proceedings are brought by a claim for judicial review, and
5
(b)
the claim form is filed during the period of 6 weeks beginning
with the day on which notice of the determination is given
under section 106A(7).”
Blighted land
144
Blighted land: England and Wales
10
(1)
TCPA 1990 is amended as follows.
(2)
In Schedule 13 (blighted land) after paragraph 23 insert—
“24
Land falls within this paragraph if—
(a)
the compulsory acquisition of the land is authorised by an
order granting development consent, or
15
(b)
the land falls within the limits of deviation within which
powers of compulsory acquisition conferred by an order
granting development consent are exercisable, or
(c)
an application for an order granting development consent
seeks authority to compulsorily acquire the land.
20
Land identified in national policy statements
25
Land falls within this paragraph if the land is in a location identified
in a national policy statement as suitable (or potentially suitable) for
a specified description of development.
Note
25

Land ceases to fall within this paragraph when the national policy
statement—
(a)
ceases to have effect, or
(b)
ceases to identify the land as suitable or potentially suitable
for that description of development.”
30
(3)
In section 169 (meaning of “the appropriate authority” for purposes of Chapter
2 of Part 6) after subsection (5) insert—
“(6)
In relation to land falling within paragraph 25 of Schedule 13, “the
appropriate authority” is the Secretary of State.”
(4)
In section 171(1) (general interpretation of Chapter 2 of Part 6) at the
35
appropriate place insert—
““national policy statement” has the meaning given by section 5(2)
of the Planning Act 2008;”.
145
Blighted land: Scotland
(1)
The Town and Country Planning (Scotland) Act 1997 (c. 8) is amended as
40
follows.

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 1 — Changes related to development consent regime
68

(2)
In Schedule 14 (blighted land) after paragraph 16 insert—
“17   (1)
This paragraph applies to land which relates to 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,
5

where one of the following conditions is met.
      (2)
The conditions are—
(a)
the compulsory acquisition of the land is authorised by an
order granting development consent under the Planning Act
2008,
10
(b)
the land falls within the limits of deviation within which
powers of compulsory acquisition conferred by such an order
are exercisable,
(c)
an application for such an order seeks authority to
compulsorily acquire the land.
15
Land identified in national policy statements so far as relating to certain pipe-lines
18
This paragraph applies to land which is in a location identified in a
national policy statement as suitable (or potentially suitable) for the
construction of an oil or gas cross-country pipe-line—
(a)
one end of which is in England or Wales, and
20
(b)
the other end of which is in Scotland.
Note

Land ceases to be within this paragraph when the national policy
statement—
(a)
ceases to have effect, or
25
(b)
ceases to identify the land as suitable or potentially suitable
for the construction of such a pipe-line.”
(3)
In section 100 (scope of Chapter 2 of Part 5) after subsection (5) insert—
“(5A)
In the application of subsections (3)(a) and (4) in relation to land to
which paragraph 17 or 18 of Schedule 14 applies, references to the
30
Scottish Ministers are to be read as references to the Secretary of State.”
(4)
In section 120 (meaning of “the appropriate authority” for purposes of Chapter
2 of Part 5) after subsection (4) insert—
“(5)
In relation to land falling within paragraph 18 of Schedule 14, “the
appropriate authority” is the Secretary of State.”
35
(5)
In section 122 (general interpretation of Chapter 2 of Part 5)—
(a)
after the definition of “crofter” insert—
““cross-country pipe-line” has the meaning given by
section 66 of the Pipe-lines Act 1962 (c. 58);”, and
(b)
after the definition of “hereditament” insert—
40
““national policy statement” has the meaning given by
section 5(2) of the Planning Act 2008;”.