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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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© Parliamentary copyright 2007
Prepared: 27 November 2007