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Explanatory Notes
House of Commons
Session 2007-08
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Other Bills before Parliament
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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
© Parliamentary copyright 2007
Prepared: 27 November 2007