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
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