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
83

(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there has been such an appeal, it has been withdrawn or abandoned”.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insert “or, if there has been such an appeal, it has been withdrawn or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
abandoned”.
Planning permission
155
Removal of right to compensation where notice given of withdrawal of
planning permission
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
withdrawn—
(i)
by the revocation or amendment of the order, or
(ii)
by the issue of directions under powers conferred by the
order, and
(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
took effect.”
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
originally granted.
(3)
The power conferred by subsection (1) includes power—
40
(a)
to impose new conditions;

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
84

(b)
to remove or alter existing conditions.”
Trees
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
preservation orders),
(b)
subsection (6) (matters to which tree preservation orders do not apply),
and
(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
orders).
(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
orders).
(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
subsection (1).
(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
Wales.
202B
Tree preservation regulations: making of tree preservation orders
(1)
Tree preservation regulations may make provision about—
(a)
the form of tree preservation orders;
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Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
85

(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
may—
(a)
make provision for tree preservation orders to take effect
provisionally until confirmed;
(b)
make provision about who is to confirm a tree preservation
order;
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
or any of the following—
15
(a)
cutting down of trees;
(b)
topping of trees;
(c)
lopping of trees;
(d)
uprooting of trees;
(e)
wilful damage of trees;
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(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
person does).
(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
order is in force.
202D
Tree preservation regulations: consent for prohibited activities
30
(1)
This section applies if tree preservation regulations make provision
under section 202C(4).
(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
obtaining consent.
(3)
The conditions for which provision may be made under subsection
(2)(b) include—
(a)
conditions as to planting of trees;
40
(b)
conditions requiring approvals to be obtained from the person
giving the consent.
(4)
The conditions mentioned in subsection (3)(a) include—
(a)
conditions requiring trees to be planted;

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
86

(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
within paragraph (a).
(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
approval.
(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
compensation—
(a)
where any consent required under tree preservation regulations
30
is refused;
(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.
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Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
87

(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
preservation orders.
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)
and (3).
(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
orders.
158
Existing tree preservation orders: transitional provision
(1)
This section applies to a tree preservation order made before the appointed
day.
(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—
(a)
is in force, or
35
(b)
may at any later time be in force.
(3)
In this section—
“the appointed day”—
(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.