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Planning Bill


Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes

103

 

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

(3).

(2)   

In paragraph 1—

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

Act”.

10

(3)   

In paragraph 2—

(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

paragraph (8) insert—

    “(9)  

Schedule 6 to the principal Act (determination of appeals by persons

appointed by Secretary of State) applies to appeals under this

paragraph.”

Fees

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

they have;

(b)   

anything done by them which is calculated to facilitate or is

conducive or incidental to the performance of any such

function.

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—

 
 

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes

104

 

(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

Crown development).

(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

under the regulations;

(c)   

make provision as to how a fee or charge payable under the

regulations is to be calculated (including who is to make the

calculation);

(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

the Secretary of State;

(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.”

 
 

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes

105

 

172     

Fees for appeals

In TCPA 1990 after section 303 insert—

“303ZA  

Fees for appeals

(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—

(a)   

this Act;

(b)   

the Planning (Listed Buildings and Conservation Areas) Act

1990.

(2)   

The regulations may in particular—

10

(a)   

make provision as to when a fee payable under the regulations

is to be paid;

(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—

(a)   

by the appellant;

(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

the Secretary of State;

(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

 
 

Planning Bill
Part 10 — Powers of National Assembly for Wales

106

 

Part 10

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—

   

Matter 18.1

   

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

the Planning Act 2008.

15

   

Matter 18.2

   

Provision for and in connection with the review by local

planning authorities of matters which may be expected to

affect—

(a)   

the development of the authorities’ areas, or

20

(b)   

the planning of the development of the authorities’

areas.

   

Matter 18.3

   

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

the Planning Act 2008.

   

Interpretation of this field

   

In this field—

“local planning authority” in relation to an area means—

(a)   

a National Park authority, in relation to a

35

National Park in Wales;

(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

 
 

Planning Bill
Part 11 — Community Infrastructure Levy

107

 

Part 11

Community Infrastructure Levy

174     

The 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.

 

Section

Topic

 
 

Section 175

Charging authorities

 
 

Section 176

Liability

 

15

 

Section 177

Amount

 
 

Section 178

Application

 
 

Section 179

Collection

 
 

Section 180

Enforcement

 
 

Section 181

Secretary of State

 

20

 

Section 182

CIL regulations: general

 
 

Section 183

Relationship with other powers

 

(4)   

In those sections regulations under this section are referred to as “CIL

regulations”.

175     

Charging authorities

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,

(d)   

the Welsh Ministers,

(e)   

the Mayor of London, and

(f)   

any other authority with responsibility for town and country planning.

35

(3)   

The regulations may—

(a)   

specify different authorities for different cases or circumstances;

 
 

Planning Bill
Part 11 — Community Infrastructure Levy

108

 

(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”.

176     

Liability

(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

CIL becomes payable.

(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

particular—

25

(a)   

define “owner”;

(b)   

define “developer”;

(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

this subsection).

40

177     

Amount

(1)   

CIL regulations must include provision for determining the amount of CIL.

(2)   

The regulations—

 
 

Planning Bill
Part 11 — Community Infrastructure Levy

109

 

(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

combination).

(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

connection with CIL;

(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

purposes;

(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

“charging schedule”);

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

methods of calculation.

(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.

 
 

 
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