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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.

12      

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.

14      

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).

15      

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.

17      

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.

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

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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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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

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.

 
 

Housing and Regeneration Bill
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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22      

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,

 
 

 
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