|
| |
|
Powers in relation to acquired land |
| |
11 | Main powers in relation to acquired land |
| |
Schedule 3 (which makes provision about powers in relation to land of the |
| |
| |
12 | Powers in relation to, and for, statutory undertakers |
| 5 |
Schedule 4 (which provides for powers in relation to, and for, statutory |
| |
| |
| |
13 | Power of Secretary of State to make designation orders |
| |
(1) | The Secretary of State may by order designate an area in England if the |
| 10 |
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— |
| 15 |
(a) | for all permitted purposes or for particular permitted purposes, and |
| |
(b) | in relation to all kinds of development or particular kinds of |
| |
| |
(3) | Condition 2 is that it is appropriate for— |
| |
| 20 |
| |
(c) | both sets of provisions, |
| |
| to apply in relation to the area. |
| |
| |
(a) | so far as made by virtue of condition 1 being met, may contain |
| 25 |
provisions of the kind mentioned in section 14, and |
| |
(b) | so far as made by virtue of condition 2 being met, may provide for— |
| |
| |
| |
(iii) | both sets of provisions, |
| 30 |
| 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 |
| 35 |
authority for the proposed designated area or any part of it. |
| |
| |
“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 |
| 40 |
designation order, means— |
| |
|
| |
|
| |
|
(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, |
| |
| |
(b) | in any other case, the local planning authority within the |
| 5 |
meaning of Part 1 of the Town and Country Planning Act 1990 |
| |
| |
“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 |
| 10 |
| |
(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 |
| 15 |
(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. |
| 20 |
(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 |
| |
| |
14 | The HCA as the local planning authority |
| |
(1) | A designation order, so far as made by virtue of condition 1 (as mentioned in |
| 25 |
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 |
| 30 |
| |
(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, |
| 35 |
| 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 |
| 40 |
| |
(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 |
| 45 |
relating to the functions concerned. |
| |
|
| |
|
| |
|
(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, |
| 5 |
(c) | is not to apply to it. |
| |
| |
“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), |
| 10 |
(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— |
| 15 |
(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 |
| |
| |
(b) | a district planning authority (within the meaning of that Act), or |
| 20 |
(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 |
| |
| |
(8) | The Secretary of State may by order amend the definition of “planning-related |
| 25 |
provisions” or “relevant functions” in subsection (7). |
| |
15 | Adoption of private streets |
| |
(1) | This section applies if a designation order provides for it to apply in relation to |
| |
| |
(2) | The HCA may serve an adoption notice if any street works have been executed |
| 30 |
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. |
| 35 |
(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 |
| 40 |
(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. |
| |
|
| |
|
| |
|
(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). |
| |
16 | 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 |
| 5 |
| |
(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 |
| 10 |
| |
(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 |
| 15 |
(with or without modifications). |
| |
(4) | Subsections (5) and (6) apply if the Secretary of State confirms the adoption |
| |
| |
(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 |
| 20 |
| |
(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 |
| 25 |
| |
17 | Traffic regulation orders for private streets |
| |
(1) | This section applies if a designation order provides for it to apply in relation to |
| |
| |
(2) | The Secretary of State may make an order under this section if— |
| 30 |
(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 |
| |
| |
(b) | the Secretary of State considers that the traffic authority do not intend |
| |
to make a traffic regulation order in relation to the road. |
| 35 |
(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 |
| 40 |
in relation to a road for which the Secretary of State is the traffic authority. |
| |
| |
“road” has the same meaning as in the Road Traffic Regulation Act 1984, |
| |
|
| |
|
| |
|
“traffic authority” has the same meaning as in that Act, |
| |
“traffic regulation order” means an order under section 1 or (as the case |
| |
| |
| |
(1) | Section 4 of the Planning and Compulsory Purchase Act 2004 (c. 5) (assistance |
| 5 |
for regional planning bodies from certain local authorities) is amended as |
| |
| |
(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 |
| 10 |
| |
| |
(ii) | a metropolitan district council; |
| |
(iii) | a district council for an area for which there is no county |
| |
| 15 |
(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— |
| 20 |
(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; |
| |
| |
(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 |
| 25 |
| |
(3) | In subsection (8) after “(5)” insert “other than arrangements with the Homes |
| |
| |
Other powers etc. in relation to land |
| |
19 | Power to enter and survey land |
| 30 |
(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 |
| |
| |
(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. |
| 35 |
(2) | A person authorised under subsection (1) to enter any land— |
| |
(a) | must, if required, produce evidence of the authority before entering the |
| |
| |
(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 |
| 40 |
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— |
| |
|
| |
|
| |
|
(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. |
| 5 |
(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 |
| 10 |
references to those provisions as extended by section 20. |
| |
20 | 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 |
| 15 |
(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). |
| 20 |
(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 |
| 25 |
| |
(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). |
| 30 |
21 | 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 |
| |
| |
(2) | The notice must specify— |
| 35 |
(a) | the private street and the existing highway, |
| |
(b) | the works which the HCA considers to be necessary to make the |
| |
| |
(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 |
| 40 |
highway is, for the purposes of the Highways Act 1980 (c. 66), a highway |
| |
maintainable at the public expense. |
| |
|
| |
|
| |
|
(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. |
| 5 |
(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). |
| 10 |
(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 |
| 15 |
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 |
| |
| 20 |
(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 |
| |
| |
(b) | may recover from the HCA the expenses reasonably incurred by the |
| |
| 25 |
| |
(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. |
| 30 |
(10) | In this section “local highway authority” has the same meaning as in the |
| |
Highways Act 1980 (c. 66). |
| |
| |
| |
Powers to give financial assistance |
| 35 |
| |
(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— |
| 40 |
| |
| |
|
| |
|