|
| |
|
170 | Appeals relating to old mining permissions |
| |
(1) | Schedule 6 to TCPA 1990 (determination of certain appeals by person |
| |
appointed by Secretary of State) is amended as set out in subsections (2) and |
| |
| |
| 5 |
(a) | in sub-paragraph (1) after “208” insert “of this Act, paragraph 5 of |
| |
Schedule 2 to the Planning and Compensation Act 1991”, and |
| |
(b) | in sub-paragraph (4) for “any instrument made under it” substitute |
| |
“any other Act or any instrument made under this Act or any other |
| |
| 10 |
| |
(a) | after sub-paragraph (1)(d) insert— |
| |
“(e) | in relation to an appeal under paragraph 5 of |
| |
Schedule 2 to the Planning and Compensation Act |
| |
1991, as the Secretary of State has under paragraph |
| 15 |
6(1) and (3) of that Schedule.”, and |
| |
(b) | in sub-paragraph (2) after “208(5)” insert “of this Act and paragraph |
| |
6(2) of Schedule 2 to the Planning and Compensation Act 1991”. |
| |
(4) | In paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991 |
| |
(c. 34) (registration of old mining permissions: right of appeal) after sub- |
| 20 |
| |
“(9) | Schedule 6 to the principal Act (determination of appeals by persons |
| |
appointed by Secretary of State) applies to appeals under this |
| |
| |
| 25 |
171 | Fees for planning applications |
| |
For section 303 of TCPA 1990 substitute— |
| |
“303 | Fees for planning applications etc. |
| |
(1) | The appropriate authority may by regulations make provision for the |
| |
payment of a fee or charge to a local planning authority in respect of— |
| 30 |
(a) | the performance by the local planning authority of any function |
| |
| |
(b) | anything done by them which is calculated to facilitate or is |
| |
conducive or incidental to the performance of any such |
| |
| 35 |
(2) | The appropriate authority may by regulations make provision for the |
| |
payment of a fee to the appropriate authority or the local planning |
| |
authority (or of fees to both the appropriate authority and the local |
| |
planning authority) in respect of any application for planning |
| |
permission deemed to be made under section 177(5). |
| 40 |
(3) | The appropriate authority may by regulations make provision for the |
| |
payment of a fee to the appropriate authority in respect of any |
| |
application for planning permission which is deemed to be made to the |
| |
appropriate authority under— |
| |
|
| |
|
| |
|
(a) | any provision of this Act other than section 177(5), or |
| |
(b) | any order or regulations made under this Act. |
| |
(4) | The appropriate authority may by regulations make provision for the |
| |
payment of a fee to the appropriate authority in respect of an |
| |
application for planning permission made under section 293A (urgent |
| 5 |
| |
(5) | Regulations under this section may in particular— |
| |
(a) | make provision as to when a fee or charge payable under the |
| |
regulations is to be paid; |
| |
(b) | make provision as to who is to pay a fee or charge payable |
| 10 |
| |
(c) | make provision as to how a fee or charge payable under the |
| |
regulations is to be calculated (including who is to make the |
| |
| |
(d) | prescribe circumstances in which a fee or charge payable under |
| 15 |
the regulations is to be remitted or refunded (wholly or in part); |
| |
(e) | prescribe circumstances in which no fee or charge is to be paid; |
| |
(f) | make provision as to the effect of paying or failing to pay a fee |
| |
or charge in accordance with the regulations; |
| |
(g) | prescribe circumstances in which a fee or charge payable under |
| 20 |
the regulations to one local planning authority is to be |
| |
transferred to another local planning authority. |
| |
(6) | Regulations under this section may— |
| |
(a) | contain incidental, supplementary, consequential, transitional |
| |
and transitory provision and savings; |
| 25 |
(b) | amend, repeal or revoke any provision made by or under this |
| |
Act or by or under any other Act. |
| |
(7) | In this section “the appropriate authority” means— |
| |
(a) | the Secretary of State in relation to England; |
| |
(b) | the Welsh Ministers in relation to Wales. |
| 30 |
(8) | No regulations shall be made under this section unless a draft of the |
| |
regulations has been laid before and approved by resolution of— |
| |
(a) | each House of Parliament, in the case of regulations made by |
| |
| |
(b) | the National Assembly for Wales, in the case of regulations |
| 35 |
made by the Welsh Ministers. |
| |
(9) | Section 333(3) does not apply in relation to regulations made under this |
| |
section by the Welsh Ministers. |
| |
(10) | If a local planning authority calculate the amount of fees or charges in |
| |
pursuance of provision made by regulations under subsection (1) the |
| 40 |
authority must secure that, taking one financial year with another, the |
| |
income from the fees or charges does not exceed the cost of performing |
| |
the function or doing the thing (as the case may be). |
| |
(11) | A financial year is the period of 12 months beginning with 1 April.” |
| |
|
| |
|
| |
|
| |
In TCPA 1990 after section 303 insert— |
| |
| |
(1) | The appropriate authority may by regulations make provision for the |
| |
payment of a fee to the appropriate authority in respect of an appeal to |
| 5 |
the appropriate authority under any provision made by or under— |
| |
| |
(b) | the Planning (Listed Buildings and Conservation Areas) Act |
| |
| |
(2) | The regulations may in particular— |
| 10 |
(a) | make provision as to when a fee payable under the regulations |
| |
| |
(b) | make provision as to how such a fee is to be calculated |
| |
(including who is to make the calculation); |
| |
(c) | prescribe circumstances in which such a fee is to be remitted or |
| 15 |
refunded (wholly or in part); |
| |
(d) | prescribe circumstances in which no fee is to be paid; |
| |
(e) | make provision as to the effect of paying or failing to pay a fee |
| |
in accordance with the regulations. |
| |
(3) | A fee payable to the appropriate authority under regulations made |
| 20 |
under this section is payable— |
| |
| |
(b) | in addition to any fee payable to the appropriate authority |
| |
under regulations made under section 303. |
| |
(4) | Regulations under this section may— |
| 25 |
(a) | contain incidental, supplementary, consequential, transitional |
| |
and transitory provision and savings; |
| |
(b) | amend, repeal or revoke any provision made by or under this |
| |
Act or by or under any other Act. |
| |
(5) | In this section “the appropriate authority” means— |
| 30 |
(a) | the Secretary of State in relation to England; |
| |
(b) | the Welsh Ministers in relation to Wales. |
| |
(6) | No regulations shall be made under this section unless a draft of the |
| |
regulations has been laid before and approved by resolution of— |
| |
(a) | each House of Parliament, in the case of regulations made by |
| 35 |
| |
(b) | the National Assembly for Wales, in the case of regulations |
| |
made by the Welsh Ministers. |
| |
(7) | Section 333(3) does not apply in relation to regulations made under this |
| |
section by the Welsh Ministers.” |
| 40 |
|
| |
|
| |
|
| |
Powers of National Assembly for Wales |
| |
173 | Powers of National Assembly for Wales |
| |
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly |
| |
measures: matters within Assembly’s legislative competence), after the |
| 5 |
heading “Field 18: town and country planning” insert— |
| |
| |
| Provision for and in connection with— |
| |
(a) | plans of the Welsh Ministers in relation to the |
| |
development and use of land in Wales, and |
| 10 |
(b) | removing requirements for any such plans. |
| |
| This does not include provision about the status to be given |
| |
to any such plans in connection with the decision on an |
| |
application for an order granting development consent under |
| |
| 15 |
| |
| Provision for and in connection with the review by local |
| |
planning authorities of matters which may be expected to |
| |
| |
(a) | the development of the authorities’ areas, or |
| 20 |
(b) | the planning of the development of the authorities’ |
| |
| |
| |
| Provision for and in connection with— |
| |
(a) | plans of local planning authorities in relation to the |
| 25 |
development and use of land in their areas, and |
| |
(b) | removing requirements for any such plans. |
| |
| This does not include provision about the status to be given |
| |
to any such plans in connection with the decision on an |
| |
application for an order granting development consent under |
| 30 |
| |
| Interpretation of this field |
| |
| |
“local planning authority” in relation to an area means— |
| |
(a) | a National Park authority, in relation to a |
| 35 |
| |
(b) | a county council in Wales or a county borough |
| |
council, in any other case; |
| |
“Wales” has the meaning given by Schedule 1 to the |
| |
Interpretation Act 1978.” |
| 40 |
|
| |
|
| |
|
| |
Community Infrastructure Levy |
| |
| |
(1) | The Secretary of State may with the consent of the Treasury make regulations |
| |
providing for the imposition of a charge to be known as Community |
| 5 |
Infrastructure Levy (CIL). |
| |
(2) | In making the regulations the Secretary of State shall aim to ensure that the |
| |
overall purpose of CIL is to ensure that costs incurred in providing |
| |
infrastructure to support the development of an area can be funded (wholly or |
| |
partly) by owners or developers of land the value of which increases due to |
| 10 |
permission for development. |
| |
(3) | The following sections make provision about other aspects of the regulations. |
| |
| | | | | | | | | | | | | | 15 | | | | | | | | | | | | | | | | | | | | | | | | | 20 | | | | | | | | Relationship with other powers |
| | |
|
(4) | In those sections regulations under this section are referred to as “CIL |
| |
| |
| 25 |
(1) | CIL regulations must specify which authority is empowered to charge CIL. |
| |
(2) | In particular, the regulations may empower— |
| |
(a) | a local planning authority (within the meaning of Part 1 of TCPA 1990), |
| |
(b) | a county council, a county borough council, a district council, a London |
| |
borough council, a metropolitan district council, the Common Council |
| 30 |
of the City of London or the Council of the Isles of Scilly, |
| |
(c) | the Secretary of State, |
| |
| |
(e) | the Mayor of London, and |
| |
(f) | any other authority with responsibility for town and country planning. |
| 35 |
| |
(a) | specify different authorities for different cases or circumstances; |
| |
|
| |
|
| |
|
(b) | permit or require authorities to act jointly. |
| |
(4) | An authority empowered by CIL regulations to charge CIL is referred to in this |
| |
Part as a “charging authority”. |
| |
| |
(1) | CIL regulations must make provision about liability to pay CIL. |
| 5 |
(2) | The regulations must ensure that— |
| |
(a) | CIL is payable in respect of land when development is commenced in |
| |
reliance on planning permission, |
| |
(b) | liability attaches to the owner or developer of land at the time when CIL |
| |
becomes payable in respect of it, and |
| 10 |
(c) | the amount of CIL is determined at, or by reference to, the time when |
| |
planning permission first permits the development as a result of which |
| |
| |
(3) | The regulations must define— |
| |
(a) | development (and commencement of development), |
| 15 |
(b) | planning permission (which may include planning permission within |
| |
the meaning of TCPA 1990 and any other kind of permission or consent |
| |
(however called, and whether general or specific)), and |
| |
(c) | the time when planning permission first permits development (and the |
| |
regulations may, in particular, include provision about outline |
| 20 |
planning permission and provision treating permission as having been |
| |
given at a particular time in the case of general consents). |
| |
(4) | The regulations must include provision for determining which owner or |
| |
developer is liable in respect of development; and the regulations may, in |
| |
| 25 |
| |
| |
(c) | provide for joint liability (including joint and several liability); |
| |
(d) | permit one or more persons to assume sole or joint and several liability; |
| |
(e) | permit one or more persons to assume joint and several liability with a |
| 30 |
person who is liable in accordance with the regulations; |
| |
(f) | provide for liability in default of assumed liability; |
| |
(g) | provide for transfer of liability (assumed or otherwise); |
| |
(h) | make provision about notices. |
| |
(5) | The regulations may require CIL to be paid in respect of land developed in |
| 35 |
reliance on planning permission whether or not its value has increased as a |
| |
result of the grant of the permission. |
| |
(6) | The regulations may provide for cases when development which requires |
| |
planning permission is commenced without it (and subsection (2) is subject to |
| |
| 40 |
| |
(1) | CIL regulations must include provision for determining the amount of CIL. |
| |
| |
|
| |
|
| |
|
(a) | may require charging authorities to set, revise and publish rates, or |
| |
other criteria, by reference to which the amount of CIL chargeable in |
| |
respect of development is to be determined; |
| |
(b) | may include provision about the procedure to be followed in setting or |
| |
revising rates or other criteria (which may include provision for |
| 5 |
consultation, for the appointment of an independent person or a |
| |
| |
(3) | The regulations may permit or require charging authorities, in setting or |
| |
revising rates or other criteria— |
| |
(a) | to have regard, to the extent and in the manner specified by the |
| 10 |
regulations, to actual or expected costs of infrastructure (whether by |
| |
reference to lists prepared by virtue of section 178(5)(a) or otherwise); |
| |
(b) | to have regard, to the extent and in the manner specified by the |
| |
regulations, to actual or expected increase in value arising from |
| |
planning permission (calculated in accordance with the regulations); |
| 15 |
(c) | to have regard, to the extent and in the manner specified by the |
| |
regulations, to actual or expected administrative expenses in |
| |
| |
(d) | to have regard, to the extent and in the manner specified by the |
| |
regulations, to values used or documents produced for other statutory |
| 20 |
| |
(e) | to integrate the process, to the extent and in the manner specified by the |
| |
regulations, with processes undertaken for other statutory purposes; |
| |
(f) | to present the rates or other criteria in the form of a document (a |
| |
| 25 |
(g) | to produce charging schedules having effect in relation to specified |
| |
periods (subject to revision). |
| |
(4) | The regulations may permit or require charging schedules to adopt specified |
| |
| |
(5) | In particular, the regulations may— |
| 30 |
(a) | permit or require charging schedules to operate by reference to |
| |
descriptions or purposes of development; |
| |
(b) | permit or require charging schedules to operate by reference to any |
| |
measurement of the amount or nature of development (whether by |
| |
reference to measurements of floor space, to numbers or intended uses |
| 35 |
of buildings, to numbers or intended uses of units within buildings, to |
| |
allocation of space within buildings or units, to values or expected |
| |
values or in any other way); |
| |
(c) | permit or require charging schedules to operate by reference to the |
| |
nature or existing use of the place where development is undertaken; |
| 40 |
(d) | permit or require charging schedules to operate by reference to an |
| |
index used for determining a rate of inflation; |
| |
(e) | permit or require charging schedules to operate by reference to values |
| |
used or documents produced for other statutory purposes; |
| |
(f) | provide, or permit or require provision, for reductions. |
| 45 |
(6) | The regulations must provide for appeals on questions of fact in relation to the |
| |
application of methods for calculating CIL. |
| |
(7) | In this section a reference to publication includes a reference to making |
| |
available for inspection. |
| |
|
| |
|