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House of Commons

Session 2007-08 Publications on the internet Other Bills before Parliament Bill Home Page

Index to Planning Bill

INTRODUCTION SUMMARY Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Part 9 BACKGROUND STRUCTURE OF THE BILL TERRITORIAL EXTENT COMMENTARY SCHEDULE 1 Schedule 1, Paragraph 2: Terms of Appointment Schedule 1, Paragraphs 3 and 4: Tenure Schedule 1, Paragraph 5: Remuneration of Commissioners Schedule 1, Paragraphs 6 to 9: Council Schedule 1, Paragraphs 10 to 12: Chief executive and Staff Schedule 1, Paragraph 13: Arrangements for assistance Schedule 1, Paragraphs 14 and 15: Delegation Schedule 1, Paragraphs 16 and 17: Reports Schedule 1, Paragraph 18: Funding Schedule 1, Paragraph 19: Accounts Schedule 1, Paragraph 20: Status Schedule 1, Paragraph 21: validity of proceedings Schedule 1, Paragraph 22: Application of seal and proof of instruments Schedule 1, Paragraph 23: Parliamentary Commissioner Schedule 1, Paragraphs 24 and 25: Disqualification/Public records Schedule 1, Paragraph 26: Freedom of information Clause 2: Code of conduct Clause 3: Register of Commissioners' interests Clause 4: Fees PART 2: NATIONAL POLICY STATEMENTS Clause 6: Review Clauses 7 and 8: Consultation and publicity / Consultation on publicity requirements Clause 9: Sustainable development Clause 10: Suspension pending review Clause 11: Pre-commencement statements of policy, consultation etc Clause 12: Legal challenges relating to national policy statements PART 3: NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECTS Clause 14: Generating stations Clause 15: Electric lines Clause 16: Underground gas storage Clause 17: Pipe-lines Clause 18: Highways Clause 19: Airports Clause 20: Harbour facilities Clauses 21 and 22: Railways and Rail Freight interchanges Clauses 23 and 24: Dams and reservoirs and Transfer of water resources Clause 25: Waste water treatment plants Clause 26: Hazardous waste facilities PART 4: REQUIREMENT FOR DEVELOPMENT CONSENT Clause 28: Meaning of "development" Clause 29: Effect of requirement for development consent on other consent regimes Clause 30: Directions in relation to projects of national significance Clause 31 and Schedule 2: Amendments consequential on development consent regime PART 5: APPLICATIONS FOR ORDERS GRANTING DEVELOPMENT CONSENT Clauses 33: Model provisions Clause 34: Register of applications Clause 35: Applications by the Crown for orders granting development consent Part 5, Chapter 2: Pre-application procedure Clauses 37 to 39: Duty to consult Clause 40: Timetable for consultation under clause 37 Clause 41: Duty to notify Commission of proposed application Clause 42: Duty to consult local community Clause 43: Duty to publicise Clause 44: Duty to take account of responses to consultation and publicity Part 5, Chapter 3: Assistance for applicants and others Clause 46: Obtaining information about interests in land Clauses 47 and 48: Rights of entry and the Crown PART 6: DECIDING APPLICATIONS FOR ORDERS GRANTING DEVELOPMENT CONSENT Clause 49: Acceptance of applications Clauses 50 and 51: Notifying persons of accepted application/Categories for purposes of section 50(2)(d) Clause 52: Certifying compliance with clause 50 Clause 53: Initial choice of Panel or single Commissioner Clause 54: Switching from single Commissioner to Panel Clause 55: Delegation of functions by person appointed to chair Commission Part 6, Chapter 2: The Panel Procedure Clause 57: Appointment of members, and lead member, of Panel Clause 58: Ceasing to be member, or lead member, of Panel Clause 59: Panel member continuing though ceasing to be Commissioner Clauses 60: Additional appointments to Panel Clause 61: Replacement of lead member of Panel Clause 62: Membership of Panel where application relates to land in Wales Clause 63: Supplementary provision where Panel replaces single Commissioner Clause 64: Panel ceasing to have any members Clause 65: Consequences of changes in Panel Clause 66: Panel to decide, or make recommendation in respect of, application Clause 67: Decision-making by the Panel Clauses 68: Allocation within Panel of Panel's functions Clauses 69: Exercise of Panel's powers for examining application Part 6, Chapter 3: The single Commissioner Procedure Clause 71: Appointment of single Commissioner Clause 72: Ceasing to be the single Commissioner Clause 73: Single Commissioner continuing though ceasing to be Commissioner Clause 74: Appointment of replacement single Commissioner Clauses 75 and 76: Single Commissioner to examine and report on application/Report from single Commissioner to be referred to Council Clause 77: Decisions made by the Council on the application Part 6, Chapter 4: Examination of applications under Chapter 2 or 3 Clause 79: Examining authority to control examination of application Clause 80 Initial assessment of issues, and preliminary meeting Clause 81: Examining authority's decisions about how application is to be examined Clause 82: Written representations Clause 83: Hearings about specific issues Clause 84: Open-floor hearings Clause 85: Hearings: general provisions Clause 86: Hearings: disruption, supervision and costs Clause 87: Representations not made orally may be made in writing Clause 88: Procedure rules Clause 89: Timetable for examining, and deciding or reporting on, application Clause 90: Completion of examining authority's examination of application Clause 91: Assessors Clauses 92: Interpretation of Chapter 4: "interested party" and other expressions Part 6, Chapter 5: Decisions on applications Clause 94: Decisions of Panel and Council Clause 95: Decisions of Secretary of State Clause 96: Matters that may be disregarded when deciding application Part 6, Chapter 6: Suspension of decision-making process Part 6, Chapter 7: Intervention by Secretary of State Clause 100: Effect of intervention by Secretary of State Part 6, Chapter 8: Grant or refusal Part 6, Chapter 9: Legal challenges PART 7: DEVELOPMENT CONSENT ORDERS Clause 105: What may be included in order granting development consent Clause 106: Exercise of powers in relation to legislation Clause 107: Purpose for which compulsory acquisition may be authorised Clause 108: Guidance about authorisation of compulsory acquisition Clause 109: Compensation for compulsory acquisition Clause 110: Statutory undertakers' land Clauses 111 and 112: Local authority land and statutory undertakers' land: general and Local authority and statutory undertakers' land: acquisition by public body Clause 113: National Trust land Clause 114: Commons, open spaces etc: compulsory acquisition of land Clause 115: Commons, open spaces etc: compulsory acquisition of rights over land Clause 116: Crown land Clause 117: Notice of authorisation of compulsory acquisition Clause 118: Public rights of way Clause 119: Excavation, mining, quarrying and boring operations Clause 120: Operation of generating stations Clause 121: Keeping electric lines installed above ground Clause 122: Diversion of watercourses Clause 123: Highways Clause 124: Discharge of water Clause 125: Development of Green Belt land Part 7, Chapter 2: General Clause 127: When development begins Clause 128: Benefit of development consent order Clause 129: Use of buildings in respect of which development consent granted PART 8: ENFORCEMENT Clause 131: Offence: breach of terms of order granting development consent Clause 132: Time limits Clause 133: Right to enter without warrant Clause 134: Right to enter under warrant Clause 135: Rights of entry: supplementary provisions Clause 136: Rights of entry: the Crown Clause 137: Power to require information Clause 138: Offences relating to information notices Clause 139: Notice of unauthorised development Clause 140: Execution of works required by unauthorised development notice Clause 141: Injunctions Clause 142: Isles of Scilly PART 9: CHANGES TO EXISTING PLANNING REGIMES Clauses 144 and 145: Blighted land Clause 146: Local development documents Clause 147: Development plan documents: climate change policies Clause 148: Power of High Court to remit strategies, plans and documents Clause 149: Power of High Court to remit unitary development plans in Wales Clause 150: Determination of planning applications by officers Clause 151: Determination of applications for certificates of lawful use or development by officers Clause 152: Validity of decisions made on reviews Clause 153: Determination of listed building applications by officers Clause 154: Power to decline to determine subsequent application Clause 155: Removal of right to compensation where notice given of withdrawal of planning permission Clause 156: Power to make non-material changes to planning permission Clause 157 and Schedule 3: Tree preservation orders Clause 158: Existing tree preservation orders: transitional provisions Clause 159 and Schedule 4: Use of land: power to override easements and other rights Clause 160 and Schedule 5: Determination of procedure for certain appeals Clause 161: Fees for planning applications Clause 162: Fees for appeals PART 10: COMMUNITY INFRASTRUCTURE LEVY Clause 164: Charging authorities Clause 165: Liability Clause 166: Amount Clause 167: Application Clause 168: Collection Clause 169: Enforcement Clause 170: Secretary of State Clause 171: CIL regulations: general Clause 172: Relationship with other powers PART 11: FINAL PROVISIONS Clause 174: Expressions relating to the Crown Clause 175: Enforcement in relation to Crown Clause 176: Service of notices: general Clause 177: Service of documents to persons interested in or occupying premises Clause 178: Service of notices on the Crown Clauses 179 to 189 CONCLUDING SECTIONS Public Service Manpower The Regulatory Impact Assessment European Convention on Human Rights Commencement Date

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