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
88

Use of land
159
Use of land: power to override easements and other rights
Schedule 4 (use of land: power to override easements and other rights when
use is in accordance with planning permission) has effect.
Appeal procedure
5
160
Determination of procedure for certain appeals
(1)
After section 319 of TCPA 1990 insert—
“Determination of appeal procedure
319A
Determination of procedure for certain appeals
(1)
The Secretary of State must make a determination as to the procedure
10
by which an appeal to which this section applies is to be considered.
(2)
A determination under subsection (1) must provide for the appeal to be
considered in whichever of the following ways appears to the Secretary
of State to be most appropriate—
(a)
at a local inquiry;
15
(b)
at a hearing;
(c)
on the basis of representations in writing.
(3)
The Secretary of State must make a determination under subsection (1)
in respect of an appeal to which this section applies before the end of
the prescribed period beginning with the day on which the Secretary of
20
State receives notice of the appeal.
(4)
A determination under subsection (1) may be varied by a subsequent
determination under that subsection at any time before the appeal is
determined.
(5)
The Secretary of State must noti fy the appellant and the local planning
25
authority of any determination made under subsection (1).
(6)
The Secretary of State must publish the criteria that are to be applied in
making determinations under subsection (1).
(7)
This section applies to—
(a)
an appeal under section 78 against a decision of a local planning
30
authority in England;
(b)
an appeal under section 174 against an enforcement notice
issued by a local planning authority in England;
(c)
an appeal under section 195 against a decision of a local
planning authority in England; and
35
(d)
an appeal under section 208 against a notice under section
207(1) issued by a local planning authority in England.
(8)
But this section does not apply to an appeal if it is referred to a Planning
Inquiry Commission under section 101; and on an appeal being so
referred, any determination made in relation to it under subsection (1)
40
of this section ceases to have effect.”

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
89

(2)
After section 88C of the Listed Buildings Act insert—
“88D
Determination of procedure for certain appeals
(1)
The Secretary of State must make a determination as to the procedure
by which an appeal to which this section applies is to be considered.
(2)
A determination under subsection (1) must provide for the appeal to be
5
considered in whichever of the following ways appears to the Secretary
of State to be most appropriate—
(a)
at a local inquiry;
(b)
at a hearing;
(c)
on the basis of representations in writing.
10
(3)
The Secretary of State must make a determination under subsection (1)
in respect of an appeal to which this section applies before the end of
the prescribed period beginning with the day on which the Secretary of
State receives notice of the appeal.
(4)
A determination under subsection (1) may be varied by a subsequent
15
determination under that subsection at any time before the appeal is
determined.
(5)
The Secretary of State must notify the appellant and the local planning
authority of any determination made under subsection (1).
(6)
The Secretary of State must publish the criteria that are to be applied in
20
making determinations under subsection (1).
(7)
This section applies to—
(a)
an appeal under section 20 against a decision of a local planning
authority in England; and
(b)
an appeal under section 39 against a listed building
25
enforcement notice issued by a local planning authority in
England.”
(3)
After section 21 of the Hazardous Substances Act insert—
“21A
Determination by Secretary of State of procedure for appeal
(1)
The Secretary of State must make a determination as to the procedure
30
by which an appeal under section 21 against a decision of a hazardous
substances authority in England is to be considered.
(2)
A determination under subsection (1) must provide for the appeal to be
considered in whichever of the following ways appears to the Secretary
of State to be most appropriate—
35
(a)
at a local inquiry;
(b)
at a hearing;
(c)
on the basis of representations in writing.
(3)
The Secretary of State must make a determination under subsection (1)
in respect of an appeal to which this section applies before the end of
40
the prescribed period beginning with the day on which the Secretary of
State receives notice of the appeal.

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
90

(4)
A determination under subsection (1) may be varied by a subsequent
determination under that subsection at any time before the appeal is
determined.
(5)
The Secretary of State must notify the appellant and the hazardous
substances authority of any determination made under subsection (1).
5
(6)
The Secretary of State must publish the criteria that are to be applied in
making determinations under subsection (1).”
(4)
Schedule 5 (further provisions as to the procedure for certain appeals) has
effect.
Fees
10
161
Fees for planning applications
For section 303 of TCPA 1990 substitute—
“303
Fees for planning applications etc.
(1)
The appropriate authority may by regulations make provision for the
payment of a fee or charge to a local planning authority in respect of—
15
(a)
the performance by the local planning authority of any function
they have;
(b)
anything done by them which is calculated to facilitate or is
conducive or incidental to the performance of any such
function.
20
(2)
The appropriate authority may by regulations make provision for the
payment of a fee to the appropriate authority or the local planning
authority (or of fees to both the appropriate authority and the local
planning authority) in respect of any application for planning
permission deemed to be made under section 177(5).
25
(3)
The appropriate authority may by regulations make provision for the
payment of a fee to the appropriate authority in respect of any
application for planning permission which is deemed to be made to the
appropriate authority under—
(a)
any provision of this Act other than section 177(5), or
30
(b)
any order or regulations made under this Act.
(4)
The appropriate authority may by regulations make provision for the
payment of a fee to the appropriate authority in respect of an
application for planning permission made under section 293A (urgent
Crown development).
35
(5)
Regulations under this section may in particular—
(a)
make provision as to when a fee or charge payable under the
regulations is to be paid;
(b)
make provision as to who is to pay a fee or charge payable
under the regulations;
40
(c)
make provision as to how a fee or charge payable under the
regulations is to be calculated (including who is to make the
calculation);

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
91

(d)
prescribe circumstances in which a fee or charge payable under
the regulations is to be remitted or refunded (wholly or in part);
(e)
prescribe circumstances in which no fee or charge is to be paid;
(f)
make provision as to the effect of paying or failing to pay a fee
or charge in accordance with the regulations;
5
(g)
prescribe circumstances in which a fee or charge payable under
the regulations to one local planning authority is to be
transferred to another local planning authority.
(6)
Regulations under this section may—
(a)
contain incidental, supplementary, consequential, transitional
10
and transitory provision and savings;
(b)
amend, repeal or revoke any provision made by or under this
Act or by or under any other Act.
(7)
In this section “the appropriate authority” means—
(a)
the Secretary of State in relation to England;
15
(b)
the Welsh Ministers in relation to Wales.
(8)
No regulations shall be made under this section unless a draft of the
regulations has been laid before and approved by resolution of—
(a)
each House of Parliament, in the case of regulations made by
the Secretary of State;
20
(b)
the National Assembly for Wales, in the case of regulations
made by the Welsh Ministers.
(9)
Section 333(3) does not apply in relation to regulations made under this
section by the Welsh Ministers.
(10)
If a local planning authority calculate the amount of fees or charges in
25
pursuance of provision made by regulations under subsection (1) the
authority must secure that, taking one financial year with another, the
income from the fees or charges does not exceed the cost of performing
the function or doing the thing (as the case may be).
(11)
A financial year is the period of 12 months beginning with 1 April.”
30
162
Fees for appeals
In TCPA 1990 after section 303 insert—
“303ZA
Fees for appeals
(1)
The appropriate authority may by regulations make provision for the
payment of a fee to the appropriate authority in respect of an appeal to
35
the appropriate authority under any provision made by or under—
(a)
this Act;
(b)
the Planning (Listed Buildings and Conservation Areas) Act
1990.
(2)
The regulations may in particular—
40
(a)
make provision as to when a fee payable under the regulations
is to be paid;
(b)
make provision as to how such a fee is to be calculated
(including who is to make the calculation);

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Part 10 — Community Infrastructure Levy
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(c)
prescribe circumstances in which such a fee is to be remitted or
refunded (wholly or in part);
(d)
prescribe circumstances in which no fee is to be paid;
(e)
make provision as to the effect of paying or failing to pay a fee
in accordance with the regulations.
5
(3)
A fee payable to the appropriate authority under regulations made
under this section is payable—
(a)
by the appellant;
(b)
in addition to any fee payable to the appropriate authority
under regulations made under section 303.
10
(4)
Regulations under this section may—
(a)
contain incidental, supplementary, consequential, transitional
and transitory provision and savings;
(b)
amend, repeal or revoke any provision made by or under this
Act or by or under any other Act.
15
(5)
In this section “the appropriate authority” means—
(a)
the Secretary of State in relation to England;
(b)
the Welsh Ministers in relation to Wales.
(6)
No regulations shall be made under this section unless a draft of the
regulations has been laid before and approved by resolution of—
20
(a)
each House of Parliament, in the case of regulations made by
the Secretary of State;
(b)
the National Assembly for Wales, in the case of regulations
made by the Welsh Ministers.
(7)
Section 333(3) does not apply in relation to regulations made under this
25
section by the Welsh Ministers.”
Part 10
Community Infrastructure Levy
163
The levy
(1)
The Secretary of State may with the consent of the Treasury make regulations
30
providing for the imposition of a charge to be known as Community Infrastructure
Levy (CIL).
(2)
In making the regulations the Secretary of State shall aim to ensure that the
overall purpose of CIL is to ensure that costs incurred in providing
infrastructure to support the development of an area can be funded (wholly or
35
partly) by owners of land the value of which increases due to permission for
development.
(3)
The following sections make provision about other aspects of the regulations.

Section
Topic

Section 164
Charging authorities

40

Section 165
Liability

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Part 10 — Community Infrastructure Levy
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Section
Topic

Section 166
Amount

Section 167
Application

Section 168
Collection

Section 169
Enforcement

5

Section 170
Secretary of State

Section 171
CIL regulations: general

Section 172
Relationship with other powers

(4)
In those sections regulations under this section are referred to as “CIL
regulations”.
10
164
Charging authorities
(1)
CIL regulations must specify which authority is empowered to charge CIL.
(2)
In particular, the regulations may empower—
(a)
a local planning authority (within the meaning of Part 1 of TCPA 1990),
(b)
the Secretary of State,
15
(c)
the Welsh Ministers,
(d)
the Mayor of London, and
(e)
any other authority with responsibility for town and country planning.
(3)
The regulations may—
(a)
specify different authorities for different cases or circumstances;
20
(b)
permit or require authorities to act jointly.
(4)
An authority empowered by CIL regulations to charge CIL is referred to in this
Part as a “charging authority”.
165
Liability
(1)
CIL regulations must make provision about liability to pay CIL.
25
(2)
The regulations must ensure that—
(a)
CIL is payable in respect of land when development is commenced in
reliance on planning permission,
(b)
liability attaches to the owner of land at the time when CIL becomes
payable in respect of it, and
30
(c)
the amount of CIL is determined at, or by reference to, the time when
planning permission first permits the development as a result of which
CIL becomes payable.
(3)
The regulations must define—
(a)
development (and commencement of development),
35
(b)
planning permission (which may include planning permission within
the meaning of TCPA 1990 and any other kind of permission or consent
(however called)), and

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Part 10 — Community Infrastructure Levy
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(c)
owner (and the regulations may provide for joint and several liability
in specified classes of case).
(4)
The regulations may require CIL to be paid in respect of land developed in
reliance on planning permission whether or not its value has increased as a
result of the grant of the permission.
5
(5)
The regulations may provide for cases when development which requires
planning permission is commenced without it (and subsection (2) is subject to
this subsection).
166
Amount
(1)
CIL regulations must include provision for determining the amount of CIL.
10
(2)
The regulations—
(a)
may require charging authorities to set, revise and publish rates, or
other criteria, by reference to which the amount of CIL chargeable in
respect of development is to be determined;
(b)
may include provision about the procedure to be followed in setting or
15
revising rates or other criteria.
(3)
The regulations may permit or require charging authorities to adopt specified
methods of calculation.
(4)
In particular, the regulations may—
(a)
permit or require calculation by reference to descriptions or purposes
20
of development;
(b)
permit or require calculation by reference to increase in value arising
from permission for development (calculated in accordance with the
regulations);
(c)
refer to, or permit reference to, an index used for determining a rate of
25
inflation;
(d)
refer to, or permit reference to, values used for other statutory
purposes;
(e)
provide, or permit provision, for reductions.
(5)
The regulations must provide for appeals on questions of fact in relation to the
30
application of methods for calculating CIL.
167
Application
(1)
CIL regulations must require the authority that collects CIL to apply it, or cause
it to be applied, to funding infrastructure.
(2)
The regulations may specify—
35
(a)
works, installations and other facilities that are to be, or not to be,
treated as infrastructure,
(b)
criteria for determining the areas in relation to which infrastructure
may be funded by CIL in respect of land, and
(c)
what is to be, or not to be, treated as funding.
40
(3)
The regulations may—
(a)
require charging authorities to prepare and publish a list of projects
that are to be, or may be, wholly or partly funded by CIL;