Housing and Regeneration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Housing and Regeneration Bill

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
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Powers in relation to acquired land
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Main powers in relation to acquired land
Schedule 3 (which makes provision about powers in relation to land of the
HCA) has effect.
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Powers in relation to, and for, statutory undertakers
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Schedule 4 (which provides for powers in relation to, and for, statutory
undertakers) has effect.
Planning
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Power of Secretary of State to make designation orders
(1)
The Secretary of State may by order designate an area in England if the
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Secretary of State considers that—
(a)
the area is suitable for development, and
(b)
condition 1 or 2 is met.
(2)
Condition 1 is that it is appropriate for the HCA to be the local planning
authority for the whole or any part of the area—
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(a)
for all permitted purposes or for particular permitted purposes, and
(b)
in relation to all kinds of development or particular kinds of
development.
(3)
Condition 2 is that it is appropriate for—
(a)
sections 15 and 16,
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(b)
section 17, or
(c)
both sets of provisions,

to apply in relation to the area.
(4)
A designation order—
(a)
so far as made by virtue of condition 1 being met, may contain
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provisions of the kind mentioned in section 14, and
(b)
so far as made by virtue of condition 2 being met, may provide for—
(i)
sections 15 and 16,
(ii)
section 17, or
(iii)
both sets of provisions,
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to apply in relation to the designated area.
(5)
The Secretary of State must, before making a designation order, consult—
(a)
every local authority any part of whose area is intended to be included
in the proposed designated area, and
(b)
any person, other than a local authority, who is the local planning
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authority for the proposed designated area or any part of it.
(6)
In this Part—
“designated area” means an area designated by a designation order,
“designation order” means an order under this section,
“local planning authority”, in relation to a designation order or proposed
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designation order, means—

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
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(a)
so far as the order relates to permitted purposes under Part 2 of
the Planning and Compulsory Purchase Act 2004 (c. 5), the local
planning authority within the meaning of that Part of that Act,
and
(b)
in any other case, the local planning authority within the
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meaning of Part 1 of the Town and Country Planning Act 1990
(c. 8),
“permitted purposes” means any purposes of—
(a)
the Town and Country Planning Act 1990 (other than section
137A, Parts 9 and 13, and sections 325A, 329A and 330A, of that
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Act),
(b)
the Planning (Listed Buildings and Conservation Areas) Act
1990 (c. 9) (other than section 32A, Chapter 5 of Part 1, and
sections 82A to 82F and 88C, of that Act),
(c)
Part 2 of the Planning and Compulsory Purchase Act 2004, and
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(d)
Part 8 of the Planning Act 2008,

and references to a designated area, in the case of an area whose boundaries
have been amended by an order made under this section by virtue of section
14 of the Interpretation Act 1978 (c. 30), are to be read as references to the
designated area as so amended.
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(7)
In this section “local authority” means a county council in England, a district
council, a London borough council or the Common Council of the City of
London.
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The HCA as the local planning authority
(1)
A designation order, so far as made by virtue of condition 1 (as mentioned in
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section 13(2)) being met, may contain provisions of the following kind.
(2)
The order may provide for the HCA to be the local planning authority for the
whole or any part of the designated area—
(a)
for all permitted purposes or for specified permitted purposes, and
(b)
in relation to all kinds of development or specified kinds of
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development.
(3)
The order may provide that where the HCA is the local planning authority for
the whole or any part of the designated area it is to have—
(a)
in relation to the whole or any part of the designated area, and
(b)
subject to any specified modifications,
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all relevant functions, or specified relevant functions, conferred by or under
specified planning-related provisions.
(4)
An order which makes provision of the kind mentioned in subsection (2) may
make provision about the application of enactments relating to local planning
authorities to the HCA in its capacity as the local planning authority by virtue
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of the order.
(5)
An order which makes provision of the kind mentioned in subsection (3)—
(a)
may provide for the HCA to have the functions concerned instead of,
or concurrently with, other persons who have them,
(b)
may make provision about the application to the HCA of enactments
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relating to the functions concerned.

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
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(6)
Provision made by virtue of subsection (4) or (5), or section 303(1)(d) in its
application to an order of a kind falling within this section, may, in particular,
provide that any enactment—
(a)
is to apply to the HCA without modification,
(b)
is to apply to it subject to specified modifications,
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(c)
is not to apply to it.
(7)
In this section—
“planning-related provisions” means—
(a)
Chapter 1 of Part 6 (other than section 137A), and sections 188
and 330, of the Town and Country Planning Act 1990 (c. 8),
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(b)
sections 32 and 33 to 37, 54 and 55 of the Planning (Listed
Buildings and Conservation Areas) Act 1990 (c. 9), and
(c)
the Planning (Hazardous Substances) Act 1990 (c. 10) (other
than sections 30A to 31A and 36C of that Act),
“relevant functions” means functions of—
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(a)
a district council, a London borough council, the Common
Council of the City of London, or any other body which is a local
authority within the meaning of the Town and Country
Planning Act 1990,
(b)
a district planning authority (within the meaning of that Act), or
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(c)
a hazardous substances authority (within the meaning of the
Planning (Hazardous Substances) Act 1990),
“specified”, in relation to a designation order, means specified or
described in the order.
(8)
The Secretary of State may by order amend the definition of “planning-related
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provisions” or “relevant functions” in subsection (7).
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Adoption of private streets
(1)
This section applies if a designation order provides for it to apply in relation to
a designated area.
(2)
The HCA may serve an adoption notice if any street works have been executed
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on any land in the designated area which was then, or has since become, a
private street (or part of a private street).
(3)
An adoption notice is a notice requiring the street works authority to declare
the street (or part) to be a highway which, for the purposes of the Highways
Act 1980 (c. 66), is a highway maintainable at the public expense.
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(4)
An adoption notice must be served on the street works authority.
(5)
Subsection (6) applies if—
(a)
a street works authority—
(i)
does not comply with the adoption notice, and
(ii)
does not appeal under section 16, and
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(b)
the period of 2 months, beginning with the day on which the adoption
notice is served, has ended.
(6)
The street (or part) becomes a highway which, for the purposes of the
Highways Act 1980, is a highway maintainable at the public expense.

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
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(7)
In this section “street works” and “street works authority” have the same
meanings as in Part 11 of the Highways Act 1980 (c. 66).
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Appeals against adoption of private streets
(1)
This section applies if—
(a)
a designation order provides for this section to apply in relation to a
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designated area, and
(b)
the HCA has served on the street works authority an adoption notice
under section 15 in relation to the area.
(2)
The street works authority may appeal to the Secretary of State against the
notice within the period of 2 months beginning with the day on which the
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notice is served.
(3)
On an appeal under subsection (2), the Secretary of State must—
(a)
consider any representations made to the Secretary of State by the HCA
and the street works authority, and
(b)
decide the appeal by setting aside, or confirming, the adoption notice
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(with or without modifications).
(4)
Subsections (5) and (6) apply if the Secretary of State confirms the adoption
notice.
(5)
The Secretary of State may, at the same time, impose conditions (including
financial conditions) upon the HCA with which it must comply for the notice
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to take effect.
(6)
The street (or part) becomes a highway which, for the purposes of the
Highways Act 1980, is a highway maintainable at the public expense with
effect from such date as the Secretary of State may specify.
(7)
In this section “street works authority” has the same meaning as in Part 11 of
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the Highways Act 1980.
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Traffic regulation orders for private streets
(1)
This section applies if a designation order provides for it to apply in relation to
a designated area.
(2)
The Secretary of State may make an order under this section if—
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(a)
the HCA makes representations to the Secretary of State that an order
should be made in relation to any road in the designated area which is
a private street, and
(b)
the Secretary of State considers that the traffic authority do not intend
to make a traffic regulation order in relation to the road.
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(3)
An order under this section may contain any provision in relation to the road
which might have been made by the Secretary of State in a traffic regulation
order if the Secretary of State had been the traffic authority.
(4)
The Road Traffic Regulation Act 1984 (c. 27) applies to an order under this
section as it applies to a traffic regulation order made by the Secretary of State
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in relation to a road for which the Secretary of State is the traffic authority.
(5)
In this section—
“road” has the same meaning as in the Road Traffic Regulation Act 1984,

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
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“traffic authority” has the same meaning as in that Act,
“traffic regulation order” means an order under section 1 or (as the case
may be) 6 of that Act.
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Regional planning
(1)
Section 4 of the Planning and Compulsory Purchase Act 2004 (c. 5) (assistance
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for regional planning bodies from certain local authorities) is amended as
follows.
(2)
For subsection (4) substitute—
“(4)
These are the authorities which fall within this subsection—
(a)
each of the following if their area or any part of their area is in
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the RPB’s region—
(i)
a county council;
(ii)
a metropolitan district council;
(iii)
a district council for an area for which there is no county
council;
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(iv)
a National Park authority; and
(b)
the Homes and Communities Agency if it is the local planning
authority for an area or part of an area in the RPB’s region.
(4A)
For the purposes of subsection (4), the Homes and Communities
Agency is the local planning authority for an area if—
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(a)
the area is the whole or part of a designated area within the
meaning of Part 1 of the Housing and Regeneration Act 2008;
and
(b)
the order designating the area was made under section 13 of
that Act by virtue of condition 1 in subsection (2) of that section
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being met.”
(3)
In subsection (8) after “(5)” insert “other than arrangements with the Homes
and Communities Agency”.
Other powers etc. in relation to land
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Power to enter and survey land
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(1)
Any person authorised by the HCA may, at any reasonable time, enter any
land for the purpose of surveying it, or estimating its value, in connection
with—
(a)
any proposal for the HCA to acquire that land or any other land, or
(b)
any claim for compensation in respect of any such acquisition.
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(2)
A person authorised under subsection (1) to enter any land—
(a)
must, if required, produce evidence of the authority before entering the
land, and
(b)
must not demand admission as of right to any occupied land unless the
HCA has served notice of the intended entry on the occupier not less
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than 28 days before the making of the demand.
(3)
A person interested in any land may recover compensation from the HCA in
respect of any damage done to the land—

Housing and Regeneration Bill
Part 1 — The Homes and Communities Agency
Chapter 2 — Land and infrastructure
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(a)
in the exercise of a right of entry under this section, or
(b)
in making a survey under this section.
(4)
Section 118 of the Town and Country Planning Act 1990 (c. 8) (determination
of claims for compensation) applies in relation to compensation under
subsection (3) as it applies in relation to compensation under Part 4 of that Act.
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(5)
A person (“A”) commits an offence if A intentionally obstructs another person
(“B”) in the exercise of B’s powers under subsection (1) above.
(6)
A person who commits an offence under subsection (5) is liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
(7)
The references in subsections (3) and (5) to this section or subsection (1) include
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references to those provisions as extended by section 20.
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Section 19: supplementary
(1)
The power to survey land conferred by section 19(1) includes power to search
and bore for the purpose of ascertaining—
(a)
the nature of the subsoil, or
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(b)
the presence of minerals in it.
(2)
But this is subject to subsections (3) to (5).
(3)
No person may carry out any works authorised by virtue of subsection (1)
unless notice of the person’s intention to do so was included in any notice
required by section 19(2)(b).
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(4)
The authority of the appropriate Minister is required for the carrying out of any
works authorised by virtue of subsection (1) if—
(a)
the land concerned is held by statutory undertakers, and
(b)
they object to the proposed works on the ground that the execution of
the works would be seriously detrimental to carrying on their
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undertaking.
(5)
The references in subsection (4) to the appropriate Minister, statutory
undertakers and their undertaking have the same meanings as they have in
section 325(9) of the Town and Country Planning Act 1990 (supplementary
provisions as to rights of entry).
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Powers to connect private streets to highways
(1)
The HCA may serve a notice (“a connection notice”) on the local highway
authority requiring the authority to connect a private street to an existing
highway.
(2)
The notice must specify—
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(a)
the private street and the existing highway,
(b)
the works which the HCA considers to be necessary to make the
connection, and
(c)
the period within which the works should be carried out.
(3)
It does not matter for the purposes of a connection notice whether the existing
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highway is, for the purposes of the Highways Act 1980 (c. 66), a highway
maintainable at the public expense.

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Part 1 — The Homes and Communities Agency
Chapter 3 — Financial provision
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(4)
Before serving a connection notice, the HCA must consult the local highway
authority about the proposed contents of the notice.
(5)
The local highway authority may appeal to the Secretary of State against a
connection notice if it does so within the period of 2 months beginning with the
day on which the notice is served.
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(6)
On an appeal, the Secretary of State—
(a)
must consider any representations made to the Secretary of State by the
HCA and the local highway authority, and
(b)
must decide the appeal by setting aside, or confirming, the connection
notice (with or without modifications).
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(7)
A connection notice becomes effective—
(a)
in the absence of an appeal within the period mentioned in subsection
(5), at the end of that period,
(b)
in the case of an appeal made within that period but withdrawn before
it has been decided under subsection (6)(b), at the end of the period of
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21 days beginning with the day on which the Secretary of State is
notified of the withdrawal, and
(c)
in the case of a connection notice confirmed on appeal by a decision
under subsection (6)(b), on such day as the Secretary of State may
specify in the decision.
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(8)
If a connection notice becomes effective, the local highway authority—
(a)
must carry out the works specified in the notice within such period as
may be so specified, and
(b)
may recover from the HCA the expenses reasonably incurred by the
authority in doing so.
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(9)
The HCA—
(a)
may itself carry out, or complete, the works, or
(b)
arrange for another person to do so,

if the local highway authority does not carry out the works specified in the
notice within such period as may be so specified.
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(10)
In this section “local highway authority” has the same meaning as in the
Highways Act 1980 (c. 66).
Chapter 3
Financial provision
Powers to give financial assistance
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Financial assistance
(1)
The HCA may, with the consent of the Secretary of State, give financial
assistance to any person.
(2)
Financial assistance under this section may be given in any form.
(3)
Financial assistance under this section may, in particular, be given by way of—
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(a)
grants,
(b)
loans,