Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 10 — Community Infrastructure Levy
95

(b)
include provision about the procedure to be followed in preparing a list
(which may include provision for consultation, for the appointment of
an independent person or a combination).
(4)
In making provision about funding the regulations may, in particular—
(a)
permit CIL to be used to reimburse expenditure already incurred;
5
(b)
permit CIL to be reserved for expenditure that may be incurred on
future projects;
(c)
permit CIL to be applied (either generally or subject to limits set by or
determined in accordance with the regulations) to administrative
expenses in connection with infrastructure or in connection with CIL;
10
(d)
include provision for the giving of loans, guarantees or indemnities;
(e)
make provision about the application of CIL where the projects to
which it was to be applied no longer require funding.
(5)
The regulations may—
(a)
require a charging authority to account separately, and in accordance
15
with the regulations, for CIL received or due;
(b)
require a charging authority to monitor the use made and to be made
of CIL in its area;
(c)
require a charging authority to report on the charging, collection and
application of CIL;
20
(d)
permit a charging authority to cause money to be applied in respect of
things done outside its area;
(e)
permit a charging authority or other body to spend money;
(f)
permit a charging authority to pass money to another body (and in
paragraphs (a) to (e) a reference to a charging authority includes a
25
reference to a body to which a charging authority passes money in
reliance on this paragraph).
168
Collection
(1)
CIL regulations must include provision about the collection of CIL.
(2)
The regulations may make provision for payment—
30
(a)
on account;
(b)
by instalments.
(3)
The regulations may make provision about repayment (with or without
interest) in cases of overpayment.
(4)
The regulations may make provision about payment in forms other than
35
money (such as making land available, carrying out works or providing
services).
(5)
The regulations may permit or require one authority to collect CIL charged by
another.
(6)
Regulations under this section may replicate or apply (with or without
40
modifications) any enactment relating to the collection of a tax.
169
Enforcement
(1)
CIL regulations must include provision about enforcement of CIL.

Planning Bill
Part 10 — Community Infrastructure Levy
96

(2)
The regulations must make provision about the consequences of late payment
and failure to pay; and the regulations may, in particular, include provision—
(a)
for the payment of interest;
(b)
for the imposition of a penalty;
(c)
for the registration of local land charges;
5
(d)
for the suspension or cancellation of a decision relating to planning
permission;
(e)
enabling an authority to prohibit development pending payment of
CIL;
(f)
creating a criminal offence.
10
(3)
Regulations under this section may—
(a)
replicate or apply (with or without modifications) any enactment
relating to the enforcement of a tax;
(b)
provide for appeals.
170
Secretary of State
15
(1)
CIL regulations may confer powers on the Secretary of State to control the
imposition, collection and application of CIL.
(2)
In particular, the regulations may permit the Secretary of State—
(a)
to set maximum amounts of CIL to be raised by a charging authority
(whether in respect of a period or in respect of one or more
20
developments);
(b)
to direct a charging authority as to the application of money received
by way of CIL.
(3)
The regulations may make provision about the procedure to be followed by the
Secretary of State in exercising, or considering whether to exercise, a power by
25
virtue of this section.
(4)
The regulations may permit the Secretary of State to exercise a power by virtue
of this section—
(a)
generally or in relation to specified cases, circumstances, areas or
authorities;
30
(b)
differently for different cases, circumstances, areas or authorities.
(5)
The Secretary of State may give guidance to a charging authority about any
matter connected with CIL; and a charging authority must have regard to the
guidance.
171
CIL regulations: general
35
(1)
CIL regulations—
(a)
may make provision that applies generally or only to specified cases,
circumstances or areas,
(b)
may make different provision for different cases, circumstances or
areas,
40
(c)
may provide for exceptions,
(d)
may confer a discretionary power on the Secretary of State, a local
authority or another specified person,
(e)
may apply an enactment, with or without modifications, and

Planning Bill
Part 11 — Final provisions
97

(f)
may include incidental, transitional or consequential provision (which
may include provision amending an enactment).
(2)
CIL regulations—
(a)
shall be made by statutory instrument, and
(b)
shall not be made unless a draft has been laid before and approved by
5
resolution of the House of Commons.
172
Relationship with other powers
(1)
CIL regulations may include provision about how the following powers are to
be used, or are not to be used—
(a)
section 106 of TCPA 1990 (planning obligations), and
10
(b)
section 278 of the Highways Act 1980 (c. 66) (execution of works).
(2)
The Secretary of State may give guidance to a charging authority about how
those powers are to be exercised in cases involving an actual or potential
liability to CIL; and charging authorities must have regard to the guidance.
Part 11
15
Final provisions
The Crown
173
Application to the Crown
(1)
This Act binds the Crown, subject to subsections (2) and (3).
(2)
Sections 35, 48, 116, 136, 175 and 178 make special provision in relation to the
20
application of some provisions of this Act to the Crown.
(3)
The amendments made by this Act bind the Crown only to the extent that the
provisions amended bind the Crown.
174
Expressions relating to the Crown
(1)
In this Act, expressions relating to the Crown must be read in accordance with
25
this section.
(2)
Crown land is land in which there is a Crown interest or a Duchy interest.
(3)
A Crown interest is any of the following—
(a)
an interest belonging to Her Majesty in right of the Crown or in right of
Her private estates;
30
(b)
an interest belonging to a government department or held in trust for
Her Majesty for the purposes of a government department;
(c)
such other interest as the Secretary of State specifies by order.
(4)
A Duchy interest is—
(a)
an interest belonging to Her Majesty in right of the Duchy of Lancaster,
35
or
(b)
an interest belonging to the Duchy of Cornwall.
(5)
The appropriate Crown authority in relation to any land is—

Planning Bill
Part 11 — Final provisions
98

(a)
in the case of land belonging to Her Majesty in right of the Crown and
forming part of the Crown Estate, the Crown Estate Commissioners;
(b)
in relation to any other land belonging to Her Majesty in right of the
Crown, the government department having the management of the
land;
5
(c)
in relation to land belonging to Her Majesty in right of Her private
estates, a person appointed by Her Majesty in writing under the Royal
Sign Manual or, if no such appointment is made, the Secretary of State;
(d)
in relation to land belonging to Her Majesty in right of the Duchy of
Lancaster, the Chancellor of the Duchy;
10
(e)
in relation to land belonging to the Duchy of Cornwall, such person as
the Duke of Cornwall, or the possessor for the time being of the Duchy,
appoints;
(f)
in the case of land belonging to a government department or held in
trust for Her Majesty for the purposes of a government department, the
15
department;
(g)
in relation to Westminster Hall and the Chapel of St Mary Undercroft,
the Lord Great Chamberlain and the Speakers of the House of Lords
and the House of Commons acting jointly;
(h)
in relation to Her Majesty’s Robing Room in the Palace of Westminster,
20
the adjoining staircase and ante-room and the Royal Gallery, the Lord
Great Chamberlain.
(6)
If any question arises as to what authority is the appropriate Crown authority
in relation to any land it must be referred to the Treasury, whose decision is
final.
25
(7)
For the purposes of an application for an order granting development consent
made by or on behalf of the Crown in respect of land which does not belong to
the Crown or in respect of which it has no interest a reference to the
appropriate Crown authority must be read as a reference to the person who
makes the application.
30
(8)
For the purposes of subsection (7) the Crown includes—
(a)
the Duchy of Lancaster;
(b)
the Duchy of Cornwall;
(c)
a person who is an appropriate Crown authority by virtue of subsection
(5)(g) or (h).
35
(9)
The reference to Her Majesty’s private estates must be construed in accordance
with section 1 of the Crown Private Estates Act 1862 (c. 37).
175
Enforcement in relation to the Crown
No act or omission done or suffered by or on behalf of the Crown constitutes
an offence under this Act.
40
Service of notices and other documents
176
Service of notices: general
(1)
A notice or other document required or authorised to be served or given under
this Act may be served or given either—

Planning Bill
Part 11 — Final provisions
99

(a)
by delivering it to the person on whom it is to be served or to whom it
is to be given,
(b)
by leaving it at the usual or last known place of abode of that person or,
in a case where an address for service has been given by that person, at
that address,
5
(c)
by sending it in a prepaid registered letter, or by the recorded delivery
service, addressed to that person at that person’s usual or last known
place of abode or, in a case where an address for service has been given
by that person, at that address,
(d)
in a case where an address for service using electronic communications
10
has been given by that person, by sending it using electronic
communications, in accordance with the condition set out in subsection
(2), to that person at that address (subject to subsection (4)),
(e)
in the case of an incorporated company or body, by delivering it to the
secretary or clerk of the company or body at their registered or
15
principal office or sending it in a prepaid registered letter, or by the
recorded delivery service, addressed to the secretary or clerk of the
company or body at that office.
(2)
The condition mentioned in subsection (1)(d) is that the notice or other
document must be—
20
(a)
capable of being accessed by the person mentioned in that provision,
(b)
legible in all material respects, and
(c)
in a form sufficiently permanent to be used for subsequent reference.
(3)
For the purposes of subsection (2), “legible in all material respects” means that
the information contained in the notice or document is available to that person
25
to no lesser extent than it would be if served or given by means of a notice or
document in printed form.
(4)
Subsection (1)(d) does not apply to service of an information notice under
section 137.
(5)
This section is without prejudice to section 233 of the Local Government Act
30
1972 (c. 70) (general provisions as to service of notices by local authorities).
177
Service of documents to persons interested in or occupying premises
(1)
Subsection (2) applies if—
(a)
a notice or document is required or authorised to be served on any
person as having an interest in premises, and the name of that person
35
cannot be ascertained after reasonable inquiry, or
(b)
a notice or document is required or authorised to be served on any
person as an occupier of premises.
(2)
The notice or document is to be taken to be duly served if either the condition
in subsection (3) or the condition in subsection (4) is met.
40
(3)
The condition is that the notice or document—
(a)
is addressed to the person either by name or by the description of “the
owner” or, as the case may be, “the occupier” of the premises
(describing them), and
(b)
is delivered or sent in the manner specified in section 176(1)(a), (b) or
45
(c).

Planning Bill
Part 11 — Final provisions
100

(4)
The condition is that the notice or document is so addressed and is marked in
such a manner as may be prescribed for securing that it is plainly identifiable
as an important communication and—
(a)
it is sent to the premises in a prepaid registered letter or by the recorded
delivery service and is not returned to the authority sending it, or
5
(b)
it is delivered to a person on those premises, or is affixed conspicuously
to an object on those premises.
(5)
Subsection (6) applies if—
(a)
a notice or other document is required to be served on or given to all
persons who have interests in or are occupiers of premises comprised
10
in any land, and
(b)
it appears to the authority required or authorised to serve or give the
notice or other document that any part of that land is unoccupied.
(6)
The notice or other document is to be taken to be duly served on all persons
having interests in, and on any occupiers of, premises comprised in that part of
15
the land (other than a person who has given to that authority an address for the
service of the notice or document on him) if—
(a)
it is addressed to “the owners and any occupiers” of that part of the
land (describing it), and
(b)
it is affixed conspicuously to an object on the land.
20
178
Service of notices on the Crown
(1)
Any notice or other document required under this Act to be served on the
Crown must be served on the appropriate Crown authority.
(2)
Sections 176 and 177 do not apply for the purposes of the service of such a
notice or document.
25
General
179
Orders and regulations
(1)
This section applies to a power to make an order or regulations conferred on
the Secretary of State by this Act, except—
(a)
power to make an order granting development consent;
30
(b)
a power conferred by section 163, 184 or 188.
(2)
The power is exercisable by statutory instrument.
(3)
The power includes—
(a)
power to make different provision for different purposes (including
different areas);
35
(b)
power to make incidental, consequential, supplementary, transitional
or transitory provision or savings.
(4)
A statutory instrument containing an order or regulations under this Act is
subject to annulment pursuant to a resolution of either House of Parliament.

This is subject to subsection (5).
40
(5)
Subsection (4) does not apply to a statutory instrument containing an order
under section 13(3), 130(3), 131(3), 142(1) or 174(3)(c).

Planning Bill
Part 11 — Final provisions
101

(6)
No order may be made under section 13(3), 130(3), 131(3) or 174(3)(c) unless a
draft of the instrument containing the order has been laid before, and approved
by resolution of, each House of Parliament.
180
Directions
(1)
A direction given under this Act must be in writing.
5
(2)
A power conferred by this Act to give a direction includes power to vary or
revoke the direction.
181
Abbreviated references to Acts
In this Act—
“the Hazardous Substances Act” means the Planning (Hazardous
10
Substances) Act 1990 (c. 10);
“the Listed Buildings Act” means the Planning (Listed Buildings and
Conservation Areas) Act 1990 (c. 9);
“PCPA 2004” means the Planning and Compulsory Purchase Act 2004
(c. 5);
15
“TCPA 1990” means the Town and Country Planning Act 1990 (c. 8).
182
Interpretation
In this Act (except in Part 10)—
“airport” has the meaning given by section 82(1) of the Airports Act 1986
(c. 31);
20
“appropriate Crown authority” has the meaning given by section 174;
“building” has the meaning given by section 336(1) of TCPA 1990;
“the Commission” means the Infrastructure Planning Commission;
“Commissioner” means a member of the Commission;
“construction”, in relation to so much of a generating station as comprises
25
or is to comprise renewable energy installations, has the same meaning
as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104
of that Act) (and related expressions must be read accordingly);
“construction”, in relation to a pipe-line, includes placing (and related
expressions must be read accordingly);
30
“the Council” means the Commission’s Council;
“cross-country pipe-line” has the same meaning as in the Pipe-lines Act
1962 (c. 58) (see section 66 of that Act);
“Crown land” has the meaning given by section 174;
“decision-maker” has the meaning given by section 93(2);
35
“development” has the meaning given by section 28;
“development consent” has the meaning given by section 27(1);
“electric line” has the same meaning as in Part 1 of the Electricity Act 1989
(c. 29) (see section 64(1) of that Act);
“extension”, in relation to a generating station, has the meaning given by
40
section 36(9) of the Electricity Act 1989 (and “extend” must be read
accordingly);
“extension”, in relation to an airport, must be read in accordance with
section 19(2);