Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

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186
Enforcement in relation to the Crown
No act or omission done or suffered by or on behalf of the Crown constitutes
an offence under this Act.
Service of notices and other documents
187
Service of notices: general
5
(1)
A notice or other document required or authorised to be served or given under
this Act may be served or given either—
(a)
by delivering it to the person on whom it is to be served or to whom it
is to be given,
(b)
by leaving it at the usual or last known place of abode of that person or,
10
in a case where an address for service has been given by that person, at
that address,
(c)
by sending it in a prepaid registered letter, or by the recorded delivery
service, addressed to that person at that person’s usual or last known
place of abode or, in a case where an address for service has been given
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by that person, at that address,
(d)
in a case where an address for service using electronic communications
has been given by that person, by sending it using electronic
communications, in accordance with the condition set out in subsection
(2), to that person at that address (subject to subsection (4)),
20
(e)
in the case of an incorporated company or body, by delivering it to the
secretary or clerk of the company or body at their registered or
principal office or sending it in a prepaid registered letter, or by the
recorded delivery service, addressed to the secretary or clerk of the
company or body at that office.
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(2)
The condition mentioned in subsection (1)(d) is that the notice or other
document must be—
(a)
capable of being accessed by the person mentioned in that provision,
(b)
legible in all material respects, and
(c)
in a form sufficiently permanent to be used for subsequent reference.
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(3)
For the purposes of subsection (2), “legible in all material respects” means that
the information contained in the notice or document is available to that person
to no lesser extent than it would be if served or given by means of a notice or
document in printed form.
(4)
Subsection (1)(d) does not apply to service of an information notice under
35
section 140.
(5)
This section is without prejudice to section 233 of the Local Government Act
1972 (c. 70) (general provisions as to service of notices by local authorities).
188
Service of documents to persons interested in or occupying premises
(1)
Subsection (2) applies if—
40
(a)
a notice or document is required or authorised to be served on any
person as having an interest in premises, and the name of that person
cannot be ascertained after reasonable inquiry, or

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(b)
a notice or document is required or authorised to be served on any
person as an occupier of premises.
(2)
The notice or document is to be taken to be duly served if either the condition
in subsection (3) or the condition in subsection (4) is met.
(3)
The condition is that the notice or document—
5
(a)
is addressed to the person either by name or by the description of “the
owner” or, as the case may be, “the occupier” of the premises
(describing them), and
(b)
is delivered or sent in the manner specified in section 187(1)(a), (b) or
(c).
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(4)
The condition is that the notice or document is so addressed and is marked in
such a manner as may be prescribed for securing that it is plainly identifiable
as an important communication and—
(a)
it is sent to the premises in a prepaid registered letter or by the recorded
delivery service and is not returned to the authority sending it, or
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(b)
it is delivered to a person on those premises, or is affixed conspicuously
to an object on those premises.
(5)
Subsection (6) applies if—
(a)
a notice or other document is required to be served on or given to all
persons who have interests in or are occupiers of premises comprised
20
in any land, and
(b)
it appears to the authority required or authorised to serve or give the
notice or other document that any part of that land is unoccupied.
(6)
The notice or other document is to be taken to be duly served on all persons
having interests in, and on any occupiers of, premises comprised in that part of
25
the land (other than a person who has given to that authority an address for the
service of the notice or document on him) if—
(a)
it is addressed to “the owners and any occupiers” of that part of the
land (describing it), and
(b)
it is affixed conspicuously to an object on the land.
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189
Service of notices on the Crown
(1)
Any notice or other document required under this Act to be served on the
Crown must be served on the appropriate Crown authority.
(2)
Sections 187 and 188 do not apply for the purposes of the service of such a
notice or document.
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General
190
Orders and regulations
(1)
This section applies to a power to make an order or regulations conferred on
the Secretary of State by this Act, except—
(a)
power to make an order granting development consent;
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(b)
a power conferred by section 174, 195 or 199.
(2)
The power is exercisable by statutory instrument.

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(3)
The power includes—
(a)
power to make different provision for different purposes (including
different areas);
(b)
power to make incidental, consequential, supplementary, transitional
or transitory provision or savings.
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(4)
A statutory instrument containing an order or regulations under this Act is
subject to annulment pursuant to a resolution of either House of Parliament.

This is subject to subsection (5).
(5)
Subsection (4) does not apply to a statutory instrument containing an order
under section 13(3), 133(3), 134(3), 145(1) or 185(3)(c).
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(6)
No order may be made under section 13(3), 133(3), 134(3) or 185(3)(c) unless a
draft of the instrument containing the order has been laid before, and approved
by resolution of, each House of Parliament.
191
Directions
(1)
A direction given under this Act must be in writing.
15
(2)
A power conferred by this Act to give a direction includes power to vary or
revoke the direction.
192
Abbreviated references to Acts
In this Act—
“the Hazardous Substances Act” means the Planning (Hazardous
20
Substances) Act 1990 (c. 10);
“the Listed Buildings Act” means the Planning (Listed Buildings and
Conservation Areas) Act 1990 (c. 9);
“PCPA 2004” means the Planning and Compulsory Purchase Act 2004
(c. 5);
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“TCPA 1990” means the Town and Country Planning Act 1990 (c. 8).
193
Interpretation
In this Act (except in Part 11)—
“airport” has the meaning given by section 82(1) of the Airports Act 1986
(c. 31);
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“alteration”, in relation to an airport, must be read in accordance with
section 21(5);
“appropriate Crown authority” has the meaning given by section 185;
“building” has the meaning given by section 336(1) of TCPA 1990;
“the Commission” means the Infrastructure Planning Commission;
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“Commissioner” means a member of the Commission;
“construction”, in relation to so much of a generating station as comprises
or is to comprise renewable energy installations, has the same meaning
as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104
of that Act) (and related expressions must be read accordingly);
40
“construction”, in relation to a pipe-line, includes placing (and related
expressions must be read accordingly);
“the Council” means the Commission’s Council;

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“cross-country pipe-line” has the same meaning as in the Pipe-lines Act
1962 (c. 58) (see section 66 of that Act);
“Crown land” has the meaning given by section 185;
“decision-maker” has the meaning given by section 96(2);
“development” has the meaning given by section 30;
5
“development consent” has the meaning given by section 29(1);
“electric line” has the same meaning as in Part 1 of the Electricity Act 1989
(c. 29) (see section 64(1) of that Act);
“extension”, in relation to a generating station, has the meaning given by
section 36(9) of the Electricity Act 1989 (and “extend” must be read
10
accordingly);
“gas” includes natural gas;
“gas reception facility” must be read in accordance with section 18(3);
“generating station” has the same meaning as in Part 1 of the Electricity
Act 1989 (see section 64(1) of that Act);
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“goods” has the meaning given by section 83(1) of the Railways Act 1993
(c. 43);
“Green Belt land” has the meaning given by section 2(1) of the Green Belt
(London and Home Counties) Act 1938 (c. xciii);
“harbour” has the same meaning as in section 57(1) of the Harbours Act
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1964 (c. 40);
“highway” has the meaning given by section 328 of the Highways Act
1980 (c. 66);
“highway authority” has the same meaning as in the Highways Act 1980
(see sections 1 to 3 of that Act);
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“inland waters” has the same meaning as in the Water Resources Act 1991
(c. 57) (see section 221(1) of that Act);
“land” means any corporeal hereditament (including a building or
monument) and in relation to section 109 and any provision of this Act
relating to the acquisition of land includes any interest in or right over
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land;
“LNG facility” must be read in accordance with section 17(3);
“local planning authority” has the same meaning as in TCPA 1990 (see
section 336(1) of that Act);
“monument” has the same meaning as in the Ancient Monuments and
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Archaeological Areas Act 1979 (c. 46) (see section 61 of that Act);
“nationally significant infrastructure project” has the meaning given by
Part 3;
“national policy statement” has the meaning given by section 5(2);
“natural gas” means any gas derived from natural strata (including gas
40
originating outside the United Kingdom);
“navigable watercourse” has the same meaning as in Part 6 of the
Highways Act 1980 (see section 111(1) of that Act);
“non-navigable watercourse” means a watercourse that is not a navigable
watercourse;
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“pipe-line” has the meaning given by section 65 of the Pipe-lines Act 1962;
“planning permission” means permission under Part 3 of TCPA 1990;
“prescribed” means prescribed by regulations made by the Secretary of
State (except in relation to matters authorised or required by this Act to
be prescribed in another way);
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“rail freight interchange” means a facility for the transfer of goods
between railway and road, or between railway and another form of
transport;
“railway” has the meaning given by section 67(1) of the Transport and
Works Act 1992 (c. 42);
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“renewable energy installation” has the same meaning as in Chapter 2 of
Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act);
“Renewable Energy Zone” has the meaning given by section 84(4) of the
Energy Act 2004;
“special road” means a highway, or proposed highway, which is a special
10
road in accordance with section 16 of the Highways Act 1980 (c. 66) or
by virtue of an order granting development consent;
“standard”, in relation to a volume of gas, means the volume of gas at a
pressure of 101.325 kiloPascals and a temperature of 273 Kelvin;
“trunk road” means a highway, or proposed highway, which is a trunk
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road by virtue of—
(a)
section 10(1) or 19 of the Highways Act 1980,
(b)
an order or direction under section 10 of that Act, or
(c)
an order granting development consent,
or under any other enactment;
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“underground gas storage facilities” must be read in accordance with
section 16(6);
“use” has the meaning given by section 336(1) of TCPA 1990.
194
Application of Act to Scotland: modifications
(1)
The following modifications have effect in the application of this Act to
25
Scotland for the purpose mentioned in section 198(3).
(2)
In section 30—
(a)
in subsection (1)—
(i)
the reference to TCPA 1990 is to be read as a reference to section
26 of the Town and Country Planning (Scotland) Act 1997 (c. 8),
30
and
(ii)
the words “This is subject to subsections (2) and (3).” are
omitted, and
(b)
subsections (2) and (3) are omitted.
(3)
In section 31—
35
(a)
in subsection (1)—
(i)
“none” is to be read as “neither”, and
(ii)
paragraphs (b) and (c) and (e) to (k) are omitted, and
(b)
subsections (2) to (4) are omitted.
(4)
In section 50(7), the reference to chattels is to be read as a reference to moveable
40
property.
(5)
In section 55—
(a)
for subsection (6) substitute—
“(6)
Summary proceedings relating to an offence under this section
may be commenced regardless of when the contravention
45
occurred.”, and

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(b)
in subsection (7) the reference to section 127 of the Magistrates’ Courts
Act 1980 (c. 43) is to be read as a reference to section 136 of the Criminal
Procedure (Scotland) Act 1995 (c. 46).
(6)
In section 109—
(a)
in subsection (4), paragraphs (d) to (h), (n) to (v) and (z) are omitted,
5
and
(b)
in subsection (7), the reference to an Act is to be read as including an
Act of the Scottish Parliament.
(7)
In section 117—
(a)
in subsection (4), the reference to section 21 of the National Trust Act
10
1907 (c. cxxxvi) or section 8 of the National Trust Act 1939 (c. lxxxvi) is
to be read as a reference to section 22 of the Order confirmed by the
National Trust for Scotland Order Confirmation Act 1935 (c. ii), and
(b)
in subsection (5), for the definition of “the National Trust” substitute—
““the National Trust” means the National Trust for
15
Scotland for Places of Historic Interest or Natural
Beauty incorporated by the Order confirmed by the
National Trust for Scotland Order Confirmation Act
1935 (c. ii);”.
(8)
In section 118(8), in the definition of “common” the words “any land subject to
20
be enclosed under the Inclosure Acts 1845 to 1882, and” are omitted.
(9)
In section 130(3), the reference to section 56(5) of TCPA 1990 is to be read as a
reference to section 27(5) of the Town and Country Planning (Scotland) Act
1997 (c. 8).
(10)
In section 137, the references to a justice of the peace are to be read as references
25
to a sheriff.
(11)
In section 138(4), the reference to chattels is to be read as a reference to
moveable property.
(12)
In section 144—
(a)
the references to an injunction are to be read as references to an
30
interdict, and
(b)
in subsection (4), the reference to the High Court or a county court is to
be read as a reference to the Court of Session or the sheriff.
(13)
In section 193—
(a)
for the definition of “local planning authority” substitute—
35
““local planning authority” means a planning authority
within the meaning of section 1 of the Town and
Country Planning (Scotland) Act 1997;”, and
(b)
in the definition of “planning permission”, the reference to Part 3 of
TCPA 1990 is to be read as a reference to Part 3 of the Town and
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Country Planning (Scotland) Act 1997.
195
Supplementary and consequential provision
(1)
The Secretary of State may by order made by statutory instrument make—
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,
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as the Secretary of State thinks appropriate for the general purposes, or any
particular purpose, of this Act or in consequence of, or for giving full effect to,
any provision made by this Act.
(2)
The power conferred by subsection (1) includes power to make different
provision for different purposes (including different areas).
5
(3)
An order under subsection (1) may amend, repeal, revoke or otherwise
modify—
(a)
an Act passed on or before the last day of the Session in which this Act
is passed, or
(b)
an instrument made under an Act before the passing of this Act.
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(4)
An order under this section which amends or repeals any provision of an Act
may not be made unless a draft of the instrument containing the order has been
laid before, and approved by resolution of, each House of Parliament.
(5)
A statutory instrument containing an order under this section which does not
amend or repeal any provision of an Act is subject to annulment pursuant to a
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resolution of either House of Parliament.
196
Repeals
Schedule 7 contains repeals (including repeals of spent provisions).
197
Financial provisions
There is to be paid out of money provided by Parliament—
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(a)
any expenditure incurred under or by virtue of this Act by the Secretary
of State, and
(b)
any increase attributable to this Act in the sums payable under or by
virtue of any other Act out of money so provided.
198
Extent
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(1)
The following provisions of this Act extend to England and Wales only—
(a)
in Part 2, section 12;
(b)
in Part 3, sections 14 to 18 and 20 to 28;
(c)
in Part 6, section 108;
(d)
in Part 7, sections 123 to 128;
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(e)
in Part 9, section 165;
(f)
Part 11.
(2)
The following provisions of this Act extend to England and Wales and (subject
to subsection (3)) to Scotland—
(a)
Parts 1 to 8 (except the sections listed in paragraphs (a) to (d) of
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subsection (1));
(b)
this Part.
(3)
Those provisions extend to Scotland only so far as required for the purpose of
the construction of an oil or gas cross-country pipe-line—
(a)
one end of which is in England or Wales, and
40
(b)
the other end of which is in Scotland.
(4)
Subsections (2) and (3) are subject to subsection (5).