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Planning Bill


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

76

 

(3)   

A local planning authority may at any time vary the descriptions of

planning applications specified under subsection (1)(a).

(4)   

The Secretary of State may by regulations make provision about—

(a)   

the specification of descriptions of applications under

subsection (1)(a), and

5

(b)   

the making of arrangements pursuant to subsection (1)(b) and

the content of such arrangements.

(5)   

The regulations may in particular include provision—

(a)   

prescribing descriptions of applications which must, and

descriptions of applications which must not, be specified under

10

subsection (1)(a);

(b)   

prescribing descriptions of officers who are permitted, and

descriptions of officers who are not permitted, to be authorised

to determine applications by arrangements made pursuant to

subsection (1)(b);

15

(c)   

prohibiting prescribed descriptions of officers from being

authorised by such arrangements to determine 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

20

relation to arrangements made by a local planning authority pursuant

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 an application in relation to which the

arrangements have effect.

25

(7)   

This section does not affect the power of a local planning authority in

England to make arrangements under section 101 of the Local

Government Act 1972 for the determination of applications for

certificates under sections 191 and 192 of this Act which are not of a

description specified by the authority under subsection (1)(a) of this

30

section.

193B    

Determination of applications: supplementary provision

(1)   

The Secretary of State may by regulations make provision about the

determination of an application for a certificate under section 191 or 192

by an officer of a local planning authority acting under arrangements

35

made pursuant to section 193A(1)(b).

(2)   

The regulations may in particular apply prescribed provisions of or

made under sections 191 to 193, with such modifications as may be

prescribed, in relation to such an application.

(3)   

The Secretary of State may also by regulations make provision

40

imposing requirements which apply where a local planning authority,

or a committee or sub-committee of a local planning authority, decide

to determine an application for a certificate under section 191 or 192

themselves by virtue of section 193A(6).

193C    

Review of officer’s decision

45

(1)   

This section applies in relation to an application for a certificate under

section 191 or 192 if an officer of a local planning authority acting under

 
 

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

77

 

arrangements made pursuant to section 193A(1)(b) refuses the

application, or refuses it in part.

(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

5

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;

10

(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)   

prescribing a period within which the local planning authority

15

is to complete the review;

(f)   

requiring notice in the prescribed form to be given of the

decision on a review.

(5)   

On a review under this section a local planning authority may—

(a)   

uphold the decision under review,

20

(b)   

modify the certificate granted by the officer, or

(c)   

grant the applicant a certificate under section 191 or, as the case

may be, 192.

(6)   

A local planning authority must not arrange for the discharge of their

functions under this section by an officer of the authority.

25

(7)   

Section 195(4) applies for the purposes of this section as it applies for

the purposes of that section.

193D    

Determination following failure to give notice of decision

(1)   

This section applies in relation to an application for a certificate under

section 191 or 192 if—

30

(a)   

arrangements made pursuant to section 193A(1)(b) provide for

the application to be determined by an officer of a local

planning authority, and

(b)   

there has been no decision by the authority, or by a committee

or sub-committee of the authority, to determine the application

35

themselves (by virtue of section 193A(6)).

(2)   

It applies if the local planning authority have not given notice to the

applicant of their decision on the application—

(a)   

within such period as may be prescribed by a development

order, or

40

(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 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

45

before the end of the prescribed period.

 
 

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

78

 

(4)   

The Secretary of State may by regulations make provision about the

determination of an application by a local planning authority acting

under this section.

(5)   

The regulations may in particular apply prescribed provisions of or

made under sections 191 to 193, with such modifications as may be

5

prescribed, in relation to such an application.

(6)   

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 195 (appeals to the Secretary of State against decisions under sections

191 and 192 and failure to take such decisions)—

10

(a)   

after subsection (1) insert—

“(1A)   

Subsection (1) is subject to section 195A.”,

(b)   

in subsection (2) for “such appeal” substitute “appeal under subsection

(1)”, and

(c)   

in subsection (4) after “this section” insert “and section 195A”.

15

(4)   

After section 195 insert—

“195A   

Restrictions on right of appeal under section 195

(1)   

This section applies in relation to an application for a certificate under

section 191 or 192 if arrangements made pursuant to section 193A(1)(b)

provide for the application to be determined by an officer of a local

20

planning authority.

(2)   

An appeal may be brought under section 195(1)(a) against the refusal,

or refusal in part, of the application only if the local planning

authority—

(a)   

have been required under section 193C to review the case, and

25

(b)   

have failed to complete their review by the end of the period

prescribed by regulations made by virtue of section 193C(4)(e).

(3)   

An appeal may be brought under section 195(1)(b) in relation to the

application only if—

(a)   

the local planning authority, or a committee or sub-committee

30

of the authority, have decided to determine the application

themselves (by virtue of section 193A(6)), or

(b)   

the authority have been required under section 193D to

determine the application.”

152     

Validity of decisions made on reviews

35

(1)   

TCPA 1990 is amended as follows.

(2)   

In section 284(1) (validity of certain plans, orders, decisions and directions)

before paragraph (b) insert—

“(aa)   

a decision on a review under section 75C or 193C; or”

 
 

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

79

 

(3)   

After section 286 insert—

“286A   

Proceedings for questioning validity of decisions made on reviews

under ss 75C and 193C

(1)   

A person aggrieved by a decision on a review under section 75C or

193C may make an application to the High Court on the ground—

5

(a)   

that the decision is not within the power conferred by the

section under which the review was carried out, or

(b)   

that any requirements of this Act, or of any order, regulations or

rules made under this Act, which are applicable to the decision

have not been complied with.

10

(2)   

An application under this section must be made to the High Court

within 6 weeks from the date on which the decision on the review is

taken.

(3)   

The High Court may make an interim order suspending the operation

of the decision until the final determination of the proceedings.

15

(4)   

The High Court may quash the decision on the review if satisfied—

(a)   

that the decision is not within the power conferred by the

section under which the review was carried out, or

(b)   

that the interests of the applicant have been substantially

prejudiced by a failure to comply in relation to the decision with

20

any of the requirements mentioned in subsection (1)(b) of this

section.”

153     

Determination of listed building applications by officers

(1)   

The Listed Buildings Act is amended as follows.

(2)   

After section 19 insert—

25

“Determination of applications by officers

19A     

Determination of listed building applications by officers

(1)   

A local planning authority in England must—

(a)   

specify the descriptions of listed building applications which,

following determination by an officer of the authority, are to be

30

reviewable by the authority under section 19C, and

(b)   

make arrangements under section 101 of the Local Government

Act 1972 for listed building 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)

35

before the end of the prescribed period.

(3)   

A local planning authority may at any time vary the descriptions of

listed building applications specified under subsection (1)(a).

(4)   

The Secretary of State may by regulations make provision about—

(a)   

the specification of descriptions of listed building applications

40

under subsection (1)(a), and

(b)   

the making of arrangements pursuant to subsection (1)(b) and

the content of such arrangements.

 
 

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

80

 

(5)   

The regulations may in particular include provision—

(a)   

prescribing descriptions of listed building application which

must, and descriptions of listed building application which

must not, be specified under subsection (1)(a);

(b)   

prescribing descriptions of officers who are permitted, and

5

descriptions of officers who are not permitted, to be authorised

to determine listed building applications by arrangements

made pursuant to subsection (1)(b);

(c)   

prohibiting prescribed descriptions of officers from being

authorised by such arrangements to determine listed building

10

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

to subsection (1)(b) of this section; but such arrangements do not

15

prevent the authority, or a committee or sub-committee of the

authority, from determining a listed building application in relation to

which the arrangements have effect.

(7)   

This section does not affect the power of a local planning authority in

England to make arrangements under section 101 of the Local

20

Government Act 1972 for the determination of listed building

applications which are not of a description specified by the authority

under subsection (1)(a) of this section.

(8)   

For the purposes of this section, sections 19B to 19D and section 20ZA

a “listed building application” is—

25

(a)   

an application for listed building consent;

(b)   

an application for the variation or discharge of conditions

subject to which listed building consent to which subsection (9)

applies has been granted;

(c)   

an application for the approval of a local planning authority

30

required by a condition imposed on the granting of listed

building consent to which subsection (9) applies.

(9)   

This subsection applies to listed building consent granted—

(a)   

by an officer of a local planning authority acting under

arrangements made pursuant to subsection (1)(b), or

35

(b)   

by a local planning authority acting under section 19C or 19D.

19B     

Determination of applications: supplementary provision

(1)   

The Secretary of State may by regulations make provision about the

determination of a listed building application by an officer of a local

planning authority acting under arrangements made pursuant to

40

section 19A(1)(b).

(2)   

The regulations may in particular apply prescribed provisions of or

made under this Chapter, with such modifications as may be

prescribed, in relation to such an application.

(3)   

The Secretary of State may also by regulations make provision

45

imposing requirements which apply where a local planning authority,

or a committee or sub-committee of a local planning authority, decide

 
 

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

81

 

to determine a listed building application themselves by virtue of

section 19A(6).

19C     

Review of officer’s decision

(1)   

This section applies in relation to a listed building application if an

officer of a local planning authority acting under arrangements made

5

pursuant to section 19A(1)(b)—

(a)   

refuses the application or grants the consent or approval to

which the application relates subject to conditions, or

(b)   

in the case of an application for the variation or discharge of

conditions subject to which listed building consent has been

10

granted, grants the application and adds new 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

before the end of the prescribed period.

15

(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;

(b)   

about the circumstances in which oral representations may be

20

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)   

prescribing a period within which the local planning authority

is to complete the review;

25

(f)   

requiring notice in the prescribed form to be given of the

decision on a review.

(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 the officer’s decision.

30

(6)   

A local planning authority must not arrange for the discharge of their

functions under this section by an officer of the authority.

19D     

Determination following failure to give notice of decision

(1)   

This section applies in relation to a listed building application if—

(a)   

arrangements made pursuant to section 19A(1)(b) provide for

35

the application to be determined by an officer of a local

planning authority, and

(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 19A(6)).

40

(2)   

It applies if the local planning authority have not complied with

subsection (3)—

(a)   

within the relevant period (within the meaning of section 20)

from the date of the receipt of the application, or

(b)   

within such extended period as may at any time be agreed upon

45

in writing between the applicant and the authority.

 
 

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

82

 

(3)   

The local planning authority complies with this subsection by giving

notice to the applicant—

(a)   

of their decision on the application,

(b)   

that the authority have exercised their power under section 81A

or 81B to decline to determine the application, or

5

(c)   

in the case of such an application as is mentioned in section

19A(8)(a) or (b), that the application has been referred to the

Secretary of State in accordance with directions given under

section 12.

(4)   

The local planning authority must determine the application if—

10

(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.

(5)   

The Secretary of State may by regulations make provision about the

determination of an application by a local planning authority acting

15

under this section.

(6)   

The regulations may in particular apply prescribed provisions of or

made under this Chapter, with such modifications as may be

prescribed, in relation to such an application.

(7)   

A local planning authority must not arrange for the discharge of their

20

functions under this section by an officer of the authority.”

(3)   

In section 20 (right to appeal to Secretary of State against decision or failure to

take decision) after subsection (4) insert—

“(5)   

This section is subject to section 20ZA.”,

(4)   

After section 20 insert—

25

“20ZA   

Restrictions on right of appeal under section 20

(1)   

This section applies in relation to a listed building application if

arrangements made pursuant to section 19A(1)(b) provide for the

application to be determined by an officer of a local planning authority.

(2)   

An appeal may be brought under section 20(1) against the refusal, grant

30

subject to conditions or grant with the addition of new conditions, of

the listed building application only if the local planning authority—

(a)   

have been required under section 19C to review the case, and

(b)   

have failed to complete their review by the end of the period

prescribed by regulations made by virtue of section 19C(4)(f).

35

(3)   

An appeal may be brought under section 20(2) in relation to the listed

building 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 19A(6)), or

40

(b)   

the authority have been required under section 19D to

determine the application.”

(5)   

In section 62(1) (validity of certain orders and decisions) before paragraph (a)

insert—

“(za)   

a decision on a review under section 19C; or”.

45

 
 

 
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