Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
69

Chapter 2
Other changes to existing planning regimes
Local development
146
Local development documents
(1)
PCPA 2004 is amended as follows.
5
(2)
In section 15(2) (matters which must be specified in local development
scheme)—
(a)
omit paragraph (a);
(b)
before paragraph (b) insert—
“(aa)
the local development documents which are to be
10
development plan documents;”;
(c)
in paragraph (b) for “document” substitute “development plan
document”;
(d)
omit paragraph (c);
(e)
in paragraphs (d) and (f) for “documents” substitute “development
15
plan documents”.
(3)
In section 17 (local development documents)—
(a)
omit subsections (1) and (2);
(b)
in subsection (3) for “The local development documents” substitute
“The local planning authority’s local development documents”;
20
(c)
in subsection (4) for the words before “in relation to development
which is a county matter” substitute “Where a county council is
required to prepare a minerals and waste development scheme in
respect of an area, the council’s local development documents must
(taken as a whole) set out the council’s policies (however expressed) for
25
that area”;
(d)
in subsection (7), before paragraph (a) insert—
“(za)
which descriptions of documents are, or if prepared are,
to be prepared as local development documents;”.
(4)
In section 18 (statements of community involvement)—
30
(a)
for subsection (3) substitute—
“(3)
For the purposes of this Part (except sections 19(2) and 24) the
statement of community involvement is a local development
document.

This is subject to section 17(8).”;
35
(b)
after subsection (3) insert—
“(3A)
The statement of community involvement must not be specified
as a development plan document in the local development
scheme.”;
(c)
omit subsections (4) to (6).
40
(5)
In section 19 (preparation of local development documents)—
(a)
in subsection (1) for “Local development documents” substitute
“Development plan documents”;

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
70

(b)
in subsection (2) after “In preparing a” insert “development plan
document or any other”;
(c)
in subsection (3) for “other local development documents” substitute
“local development documents (other than their statement of
community involvement)”;
5
(d)
in subsection (5) for “document” substitute “development plan
document”.
(6)
In section 37 (interpretation of Part 2)—
(a)
in subsection (2) for “section 17” substitute “sections 17 and 18(3)”;
(b)
for subsection (3) substitute—
10
“(3)
A development plan document is a local development
document which is specified as a development plan document
in the local development scheme.”
(7)
In section 38 (development plan) after subsection (8) insert—
“(9)
Development plan document must be construed in accordance with
15
section 37(3).”
Climate change
147
Development plan documents: climate change policies
In section 19 of PCPA 2004 (preparation of local development documents) after
subsection (1) insert—
20
“(1A)
Development plan documents must (taken as a whole) include policies
designed to secure that the development and use of land in the local
planning authority’s area contributes to the mitigation of, and
adaptation to, climate change.”
Validity of strategies, plans and documents
25
148
Power of High Court to remit strategies, plans and documents
In section 113 of PCPA 2004 (validity of strategies, plans and documents) for
subsection (7) substitute—
“(7)
The High Court may—
(a)
quash the relevant document;
30
(b)
remit the relevant document to a person or body with a function
relating to its preparation, publication, adoption or approval.
(7A)
If the High Court remits the relevant document under subsection (7)(b)
it may give directions as to the action to be taken in relation to the
document.
35
(7B)
Directions under subsection (7A) may in particular—
(a)
require the relevant document to be treated (generally or for
specified purposes) as not having been approved or adopted;
(b)
require specified steps in the process that has resulted in the
approval or adoption of the relevant document to be treated
40

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
71

(generally or for specified purposes) as having been taken or as
not having been taken;
(c)
require action to be taken by a person or body with a function
relating to the preparation, publication, adoption or approval of
the document (whether or not the person or body to which the
5
document is remitted);
(d)
require action to be taken by one person or body to depend on
what action has been taken by another person or body.
(7C)
The High Court’s powers under subsections (7) and (7A) are
exercisable in relation to the relevant document—
10
(a)
wholly or in part;
(b)
generally or as it affects the property of the applicant.”
149
Power of High Court to remit unitary development plans in Wales
(1)
Subsection (2) applies in relation to section 287 of TCPA 1990 (proceedings for
questioning validity of development plans etc.), as that section continues to
15
have effect by virtue of paragraph (3) of article 3 of the Planning and
Compulsory Purchase Act 2004 (Commencement No. 6, Transitional
Provisions and Savings) Order 2005 (S.I. 2005/2847) for the purposes of the
transitional arrangements mentioned in that paragraph.
(2)
In that section, after subsection (3) insert—
20
“(3A)
Subsections (3B) to (3E) apply if—
(a)
an application is made under this section in relation to a unitary
development plan, and
(b)
on the application the High Court is satisfied as mentioned in
subsection (2)(b).
25
(3B)
The High Court may remit the plan to a person or body with a function
relating to its preparation, publication, adoption or approval.
(3C)
If the High Court remits the plan under subsection (3B) it may give
directions as to the action to be taken in relation to the plan.
(3D)
Directions under subsection (3B) may in particular—
30
(a)
require the plan to be treated (generally or for specified
purposes) as not having been approved or adopted;
(b)
require specified steps in the process that has resulted in the
approval or adoption of the plan to be treated (generally or for
specified purposes) as having been taken or as not having been
35
taken;
(c)
require action to be taken by a person or body with a function
relating to the preparation, publication, adoption or approval of
the plan (whether or not the person or body to which it is
remitted);
40
(d)
require action to be taken by one person or body to depend on
what action has been taken by another person or body.
(3E)
The High Court’s powers under subsections (3B) and (3C) are
exercisable in relation to the plan—
(a)
wholly or in part;
45
(b)
generally or as it affects the property of the applicant.”

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
72

Determination of applications
150
Determination of planning applications by officers
(1)
TCPA 1990 is amended as follows.
(2)
After section 75 insert—
“75A
Determination of planning applications by officers
5
(1)
A local planning authority in England must—
(a)
specify the descriptions of planning applications which,
following determination by an officer of the authority, are to be
reviewable by the authority under section 75C, and
(b)
make arrangements under section 101 of the Local Government
10
Act 1972 for planning applications of the descriptions so
specified to be determined by officers of the authority.
(2)
A local planning authority in England must comply with subsection (1)
before the end of the prescribed period.
(3)
A local planning authority may at any time vary the descriptions of
15
planning applications specified under subsection (1)(a).
(4)
The Secretary of State may by regulations make provision about—
(a)
the specification of descriptions of planning applications under
subsection (1)(a), and
(b)
the making of arrangements pursuant to subsection (1)(b) and
20
the content of such arrangements.
(5)
The regulations may in particular include provision—
(a)
prescribing descriptions of planning application which must,
and descriptions of planning application which must not, be
specified under subsection (1)(a);
25
(b)
prescribing descriptions of officers who are permitted, and
descriptions of officers who are not permitted, to be authorised
to determine planning applications by arrangements made
pursuant to subsection (1)(b);
(c)
prohibiting prescribed descriptions of officers from being
30
authorised by such arrangements to determine planning
applications of a prescribed description;
(d)
imposing consultation and publication requirements.
(6)
Section 101(4) of the Local Government Act 1972 does not apply in
relation to arrangements made by a local planning authority pursuant
35
to subsection (1)(b) of this section; but such arrangements do not
prevent the authority, or a committee or sub-committee of the
authority, from determining a planning application in relation to which
the arrangements have effect.
(7)
This section does not affect the power of a local planning authority in
40
England to make arrangements under section 101 of the Local
Government Act 1972 for the determination of planning applications
which are not of a description specified by the authority under
subsection (1)(a) of this section.

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
73

(8)
For the purposes of this section, sections 75B to 75D and section 78ZA
a “planning application” is—
(a)
an application for planning permission to which section 73 does
not apply;
(b)
an application for planning permission to which section 73
5
applies, but only if the previous planning permission referred to
in that section is one to which subsection (9) of this section
applies;
(c)
an application for the consent, agreement or approval of a local
planning authority required by a condition imposed on a
10
planning permission to which subsection (9) applies;
(d)
an application for the approval of a local planning authority
required under a development order.
(9)
This subsection applies to a planning permission granted—
(a)
by an officer of a local planning authority acting under
15
arrangements made pursuant to subsection (1)(b), or
(b)
by a local planning authority acting under section 75C or 75D.
75B
Determination of applications: supplementary provision
(1)
The Secretary of State may by regulations make provision about the
determination of a planning application by an officer of a local
20
planning authority acting under arrangements made pursuant to
section 75A(1)(b).
(2)
The regulations may in particular apply prescribed provisions of or
made under this Part, with such modifications as may be prescribed, in
relation to such an application.
25
(3)
The Secretary of State may also by regulations make provision
imposing requirements which apply where a local planning authority,
or a committee or sub-committee of a local planning authority, decide
to determine a planning application themselves by virtue of section
75A(6).
30
75C
Review of officer’s decision
(1)
This section applies in relation to a planning application if an officer of
a local planning authority acting under arrangements made pursuant
to section 75A(1)(b)—
(a)
refuses the application, or
35
(b)
grants the permission, consent, agreement or approval to which
the application relates subject to conditions.
(2)
The local planning authority must review the case if—
(a)
the applicant asks them to do so, and
(b)
the applicant’s request is made in the prescribed form and
40
before the end of the prescribed period.
(3)
The Secretary of State may by regulations make provision about
reviews under this section.
(4)
The regulations may in particular include provision—
(a)
about the procedure to be followed on a review;
45

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
74

(b)
about the circumstances in which oral representations may be
made on a review;
(c)
about the documents to be submitted as part of a review;
(d)
about the matters that may be raised on a review;
(e)
requiring a local planning authority conducting a review to
5
have regard to the development plan;
(f)
prescribing a period within which the local planning authority
is to complete the review;
(g)
requiring notice in the prescribed form to be given of the
decision on a review.
10
(5)
On a review under this section a local planning authority may—
(a)
uphold the decision under review, or
(b)
reverse or vary any part of that decision.
(6)
A local planning authority must not arrange for the discharge of their
functions under this section by an officer of the authority.
15
75D
Determination following failure to give notice of decision
(1)
This section applies in relation to a planning application if—
(a)
arrangements made pursuant to section 75A(1)(b) provide for
the application to be determined by an officer of a local
planning authority, and
20
(b)
there has been no decision by the authority, or by a committee
or sub-committee of the authority, to determine the application
themselves (by virtue of section 75A(6)).
(2)
It applies if the local planning authority have not complied with
subsection (3)—
25
(a)
within such period as may be prescribed by a development
order, or
(b)
within such extended period as may at any time be agreed upon
in writing between the applicant and the authority.
(3)
The local planning authority complies with this subsection by giving
30
notice to the applicant—
(a)
of their decision on the application,
(b)
that the authority have exercised their power under section 70A
or 70B to decline to determine the application, or
(c)
that the application has been referred to the Secretary of State in
35
accordance with directions given under section 77.
(4)
The local planning authority must determine the application if—
(a)
the applicant asks them to do so, and
(b)
the applicant’s request is made in the prescribed form and
before the end of the prescribed period.
40
(5)
The Secretary of State may by regulations make provision about the
determination of a planning application by a local planning authority
acting under this section.
(6)
The regulations may in particular apply prescribed provisions of or
made under this Part, with such modifications as may be prescribed, in
45
relation to such an application.

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Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
75

(7)
A local planning authority must not arrange for the discharge of their
functions under this section by an officer of the authority.”
(3)
In section 78 (appeals to the Secretary of State against planning decisions and
failure to take such decisions) after subsection (5) insert—
“(6)
This section is subject to section 78ZA.”
5
(4)
After section 78 insert—
“78ZA
Restrictions on right of appeal under section 78
(1)
This section applies in relation to a planning application if
arrangements made pursuant to section 75A(1)(b) provide for the
application to be determined by an officer of a local planning authority.
10
(2)
An appeal may be brought under section 78(1) against the refusal, or
grant subject to conditions, of the planning application only if the local
planning authority—
(a)
have been required under section 75C to review the case, and
(b)
have failed to complete their review by the end of the period
15
prescribed by regulations made by virtue of section 75C(4)(f).
(3)
The time prescribed by a development order for the service of notice of
such an appeal must not be less than 21 days from the end of the period
prescribed by regulations made by virtue of section 75C(4)(f).
(4)
An appeal may be brought under section 78(2) in relation to the
20
planning application only if—
(a)
the local planning authority, or a committee or sub-committee
of the authority, have decided to determine the application
themselves (by virtue of section 75A(6)), or
(b)
the authority have been required under section 75D to
25
determine the application.”
151
Determination of applications for certificates of lawful use or development
by officers
(1)
TCPA 1990 is amended as follows.
(2)
After section 193 insert—
30
“193A
Determination of applications for certificates under sections 191 and
192 by officers
(1)
A local planning authority in England must—
(a)
specify the descriptions of applications for certificates under
sections 191 and 192 which, following determination by an
35
officer of the authority, are to be reviewable by the authority
under section 193C, and
(b)
make arrangements under section 101 of the Local Government
Act 1972 for applications of the descriptions so specified to be
determined by officers of the authority.
40
(2)
A local planning authority in England must comply with subsection (1)
before the end of the prescribed period.