|
| |
|
(6) | In section 63(2) (power of authority directly concerned with order or decision |
| |
to apply to High Court) after “or decision” insert “(other than a decision on a |
| |
review under section 19C)”. |
| |
154 | Power to decline to determine subsequent application |
| |
(1) | In section 70A of TCPA 1990 (power of local planning authority to decline to |
| 5 |
determine subsequent application) at the end of subsection (4)(b) insert “or, if |
| |
there has been such an appeal, it has been withdrawn or abandoned”. |
| |
(2) | In section 81A of the Listed Buildings Act (power of local planning authority |
| |
to decline to determine subsequent application) at the end of subsection (4)(b) |
| |
insert “or, if there has been such an appeal, it has been withdrawn or |
| 10 |
| |
| |
155 | Removal of right to compensation where notice given of withdrawal of |
| |
| |
In section 108 of TCPA 1990 (compensation for refusal or conditional grant of |
| 15 |
planning permission formerly granted by development order or local |
| |
development order) after subsection (3A) insert— |
| |
“(3B) | This section does not apply if— |
| |
(a) | planning permission granted by a development order or a local |
| |
development order for development in England is |
| 20 |
| |
(i) | by the revocation or amendment of the order, or |
| |
(ii) | by the issue of directions under powers conferred by the |
| |
| |
(b) | notice of the proposal to revoke or amend the order, or to issue |
| 25 |
the directions, was published in the prescribed manner not less |
| |
than 12 months before the revocation, amendment or directions |
| |
| |
156 | Power to make non-material changes to planning permission |
| |
After section 96 of TCPA 1990 insert— |
| 30 |
“Non-material changes to planning permission |
| |
96A | Power to make non-material changes to planning permission |
| |
(1) | A local planning authority in England may make a change to any |
| |
planning permission relating to land in their area if they are satisfied |
| |
that the change is not material. |
| 35 |
(2) | In deciding whether a change is material, a local planning authority |
| |
must have regard to the effect of the change, together with any previous |
| |
changes made under this section, on the planning permission as |
| |
| |
(3) | The power conferred by subsection (1) includes power— |
| 40 |
(a) | to impose new conditions; |
| |
|
| |
|
| |
|
(b) | to remove or alter existing conditions.” |
| |
| |
157 | Tree preservation orders |
| |
(1) | Chapter 1 of Part 8 of TCPA 1990 (special controls: trees) is amended as follows. |
| |
(2) | In section 198 (power to make tree preservation orders) omit— |
| 5 |
(a) | subsections (3) and (4) (provision that may be made by tree |
| |
| |
(b) | subsection (6) (matters to which tree preservation orders do not apply), |
| |
| |
(c) | subsections (8) and (9) (power to make provision about application for |
| 10 |
consent under tree preservation order). |
| |
(3) | Omit section 199 (form of and procedure applicable to tree preservation |
| |
| |
(4) | Omit section 201 (provisional tree preservation orders). |
| |
(5) | In section 202 (power for Secretary of State or Welsh Ministers to make tree |
| 15 |
preservation orders), omit subsection (3) (procedure applicable to orders made |
| |
by Secretary of State or Welsh Ministers). |
| |
(6) | Omit sections 203 to 205 (compensation in connection with tree preservation |
| |
| |
(7) | After section 202 insert— |
| 20 |
“202A | Tree preservation regulations: general |
| |
(1) | The appropriate national authority may by regulations make provision |
| |
in connection with tree preservation orders. |
| |
(2) | Sections 202B to 202G make further provision about what may, in |
| |
particular, be contained in regulations under subsection (1). |
| 25 |
(3) | In this section and those sections “tree preservation order” includes an |
| |
order under section 202(1). |
| |
(4) | In this Act “tree preservation regulations” means regulations under |
| |
| |
(5) | In subsection (1) “the appropriate national authority”— |
| 30 |
(a) | in relation to England means the Secretary of State, and |
| |
(b) | in relation to Wales means the Welsh Ministers. |
| |
(6) | Section 333(3) does not apply in relation to tree preservation |
| |
regulations made by the Welsh Ministers. |
| |
(7) | Tree preservation regulations made by the Welsh Ministers are subject |
| 35 |
to annulment in pursuance of a resolution of the National Assembly for |
| |
| |
202B | Tree preservation regulations: making of tree preservation orders |
| |
(1) | Tree preservation regulations may make provision about— |
| |
(a) | the form of tree preservation orders; |
| 40 |
|
| |
|
| |
|
(b) | the procedure to be followed in connection with the making of |
| |
tree preservation orders; |
| |
(c) | when a tree preservation order takes effect. |
| |
(2) | If tree preservation regulations make provision for tree preservation |
| |
orders not to take effect until confirmed, tree preservation regulations |
| 5 |
| |
(a) | make provision for tree preservation orders to take effect |
| |
provisionally until confirmed; |
| |
(b) | make provision about who is to confirm a tree preservation |
| |
| 10 |
(c) | make provision about the procedure to be followed in |
| |
connection with confirmation of tree preservation orders. |
| |
202C | Tree preservation regulations: prohibited activities |
| |
(1) | Tree preservation regulations may make provision for prohibiting all |
| |
| 15 |
(a) | cutting down of trees; |
| |
| |
| |
| |
(e) | wilful damage of trees; |
| 20 |
(f) | wilful destruction of trees. |
| |
(2) | A prohibition imposed on a person may (in particular) relate to things |
| |
whose doing the person causes or permits (as well as to things the |
| |
| |
(3) | A prohibition may be imposed subject to exceptions. |
| 25 |
(4) | In particular, provision may be made for a prohibition not to apply to |
| |
things done with consent. |
| |
(5) | In this section “tree” means a tree in respect of which a tree preservation |
| |
| |
202D | Tree preservation regulations: consent for prohibited activities |
| 30 |
(1) | This section applies if tree preservation regulations make provision |
| |
| |
(2) | Tree preservation regulations may make provision— |
| |
(a) | about who may give consent; |
| |
(b) | for the giving of consent subject to conditions; |
| 35 |
(c) | about the procedure to be followed in connection with |
| |
| |
(3) | The conditions for which provision may be made under subsection |
| |
| |
(a) | conditions as to planting of trees; |
| 40 |
(b) | conditions requiring approvals to be obtained from the person |
| |
| |
(4) | The conditions mentioned in subsection (3)(a) include— |
| |
(a) | conditions requiring trees to be planted; |
| |
|
| |
|
| |
|
(b) | conditions about the planting of any trees required to be |
| |
planted by conditions within paragraph (a), including |
| |
conditions about how, where or when planting is to be done; |
| |
(c) | conditions requiring things to be done, or installed, for the |
| |
protection of any trees planted in pursuance of conditions |
| 5 |
| |
(5) | The provision that may be made under subsection (2)(c) includes |
| |
provision about applications for consent, including provision as to— |
| |
(a) | the form or manner in which an application is to be made; |
| |
(b) | what is to be in, or is to accompany, an application. |
| 10 |
(6) | Tree preservation regulations may make provision for appeals— |
| |
(a) | against refusal of consent; |
| |
(b) | where there is a failure to decide an application for consent; |
| |
(c) | against conditions subject to which consent is given; |
| |
(d) | against refusal of an approval required by a condition; |
| 15 |
(e) | where there is a failure to decide an application for such an |
| |
| |
(7) | Tree preservation regulations may make provision in connection with |
| |
appeals under provision made under subsection (6), including— |
| |
(a) | provision imposing time limits; |
| 20 |
(b) | provision for further appeals; |
| |
(c) | provision in connection with the procedure to be followed on an |
| |
appeal (or further appeal); |
| |
(d) | provision about who is to decide an appeal (or further appeal); |
| |
(e) | provision imposing duties, or conferring powers, on a person |
| 25 |
deciding an appeal (or further appeal). |
| |
202E | Tree preservation regulations: compensation |
| |
(1) | Tree preservation regulations may make provision for the payment of |
| |
| |
(a) | where any consent required under tree preservation regulations |
| 30 |
| |
(b) | where any such consent is given subject to conditions; |
| |
(c) | where any approval required under such a condition is refused. |
| |
(2) | Tree preservation regulations may provide for entitlement conferred |
| |
under subsection (1) to apply only in, or to apply except in, cases |
| 35 |
specified in tree preservation regulations. |
| |
(3) | Tree preservation regulations may provide for entitlement conferred |
| |
by provision under subsection (1) to be subject to conditions, including |
| |
conditions as to time limits. |
| |
(4) | Tree preservation regulations may, in relation to compensation under |
| 40 |
provision under subsection (1), make provision about— |
| |
(a) | who is to pay the compensation; |
| |
(b) | who is entitled to the compensation; |
| |
(c) | what the compensation is to be paid in respect of; |
| |
(d) | the amount, or calculation of, the compensation. |
| 45 |
|
| |
|
| |
|
(5) | Tree preservation regulations may make provision about the procedure |
| |
to be followed in connection with claiming any entitlement conferred |
| |
by provision under subsection (1). |
| |
(6) | Tree preservation regulations may make provision for the |
| |
determination of disputes about entitlement conferred by provision |
| 5 |
under subsection (1), including provision for and in connection with |
| |
the referral of any such disputes to, and their determination by, the |
| |
Lands Tribunal, the First-tier Tribunal or the Upper Tribunal. |
| |
202F | Tree preservation regulations: registers |
| |
Tree preservation regulations may make provision for the keeping of, |
| 10 |
and public access to, registers containing information related to tree |
| |
| |
202G | Tree preservation regulations: supplementary |
| |
(1) | Tree preservation regulations may provide for the application (with or |
| |
without modifications) of, or make provision comparable to, any |
| 15 |
provision contained in the planning Acts. |
| |
(2) | Tree preservation regulations may make provision comparable to— |
| |
(a) | any provision made by the Town and Country Planning (Tree |
| |
Preservation Order) Regulations 1969 or the Town and Country |
| |
Planning (Trees) Regulations 1999; |
| 20 |
(b) | any provision that could have been made under section 199(2) |
| |
| |
(3) | Tree preservation regulations may contain incidental, supplementary, |
| |
consequential, transitional and transitory provision and savings.” |
| |
(8) | Schedule 3 makes further amendments in connection with tree preservation |
| 25 |
| |
158 | Existing tree preservation orders: transitional provision |
| |
(1) | This section applies to a tree preservation order made before the appointed |
| |
| |
(2) | With effect from the beginning of the appointed day, a tree preservation order |
| 30 |
to which this section applies shall have effect with the omission of all of its |
| |
provisions other than any that have effect for the purpose of identifying the |
| |
order or for the purpose of identifying the trees, groups of trees or woodlands |
| |
in respect of which the order— |
| |
| 35 |
(b) | may at any later time be in force. |
| |
| |
| |
(a) | in relation to England means the day on which subsection (1) |
| |
comes fully into force in relation to England, and |
| 40 |
(b) | in relation to Wales means the day on which subsection (1) |
| |
comes fully into force in relation to Wales; |
| |
“tree preservation order” means an order made under, or an order having |
| |
effect as if made under, section 198(1) of TCPA 1990. |
| |
|
| |
|