Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
136

      (3)
For subsection (3) substitute—
“(3)
Before giving a direction under any of subsections (1) to (2B), the
person having power to give the direction must consult the Health
and Safety Commission.”
      (4)
In subsection (6)—
5
(a)
for “government department or the Secretary of State” substitute
“person”, and
(b)
after “directions” insert “given by the person”.
48
In section 14(2)(b) (power to revoke or modify hazardous substances
consent)—
10
(a)
after “planning permission” insert “or development consent”;
(b)
after “the permission” insert “or development consent”.
49
In section 39(1) (interpretation) at the appropriate place insert—
““development consent” means development consent under the
Planning Act 2008;”.
15
New Roads and Street Works Act 1991 (c. 22)
50
The New Roads and Street Works Act 1991 is amended as follows.
51
In section 6 (toll orders) after subsection (1) insert—
“(1A)
Subsection (1) is subject to section 31(3) of the Planning Act 2008
(exclusion of powers to make or confirm orders in relation to
20
highways for which development consent required).”
Water Industry Act 1991 (c. 56)
52
In section 167(1) of the Water Industry Act 1991 (compulsory works
orders)—
(a)
after “water undertaker” insert “whose area is wholly or partly in
25
Wales”, and
(b)
after “functions” insert “in relation to an area in Wales”.
Transport and Works Act 1992 (c. 42)
53
The Transport and Works Act 1992 is amended as follows.
54
In section 1 (orders as to railways, tramways etc.) after subsection (1)
30
insert—
“(1A)
Subsection (1) is subject to section 31(2) of the Planning Act 2008
(exclusion of powers to make orders in relation to development for
which development consent required).”
55
In section 3 (orders as to inland waterways etc.) after subsection (1) insert—
35
“(1A)
Subsection (1) is subject to section 31(2) of the Planning Act 2008
(exclusion of powers to make orders in relation to development for
which development consent required).”

Planning Bill
Schedule 3 — Tree preservation orders: further amendments
137

Schedule 3
Section 164

Tree preservation orders: further amendments
1
TCPA 1990 is amended as follows.
2
In section 198(7) (provisions subject to which section has effect), for “This
section” substitute “Tree preservation regulations”.
5
3
In section 200(1) (tree preservation orders do not affect things done or
approved by Forestry Commissioners), for “A tree preservation order does
not” substitute “Tree preservation regulations do not”.
4
In section 202(2) (effect of order made by Secretary of State or Welsh
Ministers), for the words from “have the same effect” to the end substitute “,
10
once it has taken effect in accordance with tree preservation regulations,
have the same effect as if it had been made by the local planning authority
under section 198(1).”
5
In section 206(1) (duty to plant replacement tree)—
(a)
in paragraph (a), for “the order” substitute “tree preservation
15
regulations”, and
(b)
in paragraph (b), for the words from “at a time” to the end of the
paragraph substitute “at a prescribed time,”.
6
In section 207(1) (enforcement of duties to replace trees), in paragraph (b),
for “a tree preservation order” substitute “tree preservation regulations”.
20
7
In section 210 (penalties for non-compliance with tree preservation order)—
(a)
in subsections (1) and (4), for “a tree preservation order” substitute
“tree preservation regulations”, and
(b)
in the side-note, for “order” substitute “regulations”.
8
In section 211 (preservation of trees in conservation areas)—
25
(a)
in subsection (1), for “which might by virtue of section 198(3)(a) be
prohibited by a tree preservation order” substitute “which might by
virtue of section 202C be prohibited by tree preservation
regulations”, and
(b)
in subsection (4), for “a tree preservation order” substitute “tree
30
preservation regulations”.
9
In section 212(4) (power to exempt from section 211 cases exempted from
section 198 by section 198(6))—
(a)
before “exempted from section 198” insert “which were”, and
(b)
after “by subsection (6) of that section” insert “until that subsection
35
was repealed”.
10
In section 213(1)(b) (duty to plant replacement tree in conservation area), for
the words from “at a time” to the end of the paragraph substitute “at a
prescribed time,”.
11
In section 284(3)(h)(i) (decision relating to an application for consent under
40
a tree preservation order is an action to which the section applies), for “a tree
preservation order” substitute “tree preservation regulations”.

Planning Bill
Schedule 4 — Use of land: power to override easements and other rights
138

12
In section 329(3B)(i) (section 329(1)(cc) does not apply to things done in
connection with tree preservation orders), for “regulations under section
199” substitute “tree preservation regulations”.
13
In section 336(1) (interpretation) at the appropriate place insert—
““tree preservation regulations” means regulations under
5
section 202A(1);”.
Schedule 4
Section 166

Use of land: power to override easements and other rights
Local Government, Planning and Land Act 1980 (c. 65)
1     (1)
Paragraph 6 of Schedule 28 to the Local Government, Planning and Land Act
10
1980 (urban development corporations: power to override easements) is
amended as follows.
      (2)
After sub-paragraph (1) insert—
   “(1A)
The use of any land in England which has been vested in or
acquired by an urban development corporation or local highway
15
authority for the purposes of this Part of this Act, whether the use
is by the corporation or authority or by any other person, is
authorised by virtue of this paragraph if it is in accordance with
planning permission even if the use involves—
(a)
interference with an interest or right to which this
20
paragraph applies, or
(b)
a breach of a restriction as to the user of land arising by
virtue of a contract.”
      (3)
In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.
      (4)
In sub-paragraph (4)—
25
(a)
after “sub-paragraph (1)” insert “or (1A)”, and
(b)
after “works on” insert “, or use of,”.
      (5)
In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.
New Towns Act 1981 (c. 64)
2     (1)
Section 19 of the New Towns Act 1981 (power to override easements and
30
other rights) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
Subject to subsection (3), the use of any land in England which has
been acquired by a development corporation or local highway
authority for the purposes of this Act, whether the use is by the
35
corporation or authority or by any other person, is authorised by
virtue of this section if it is in accordance with planning permission
even if the use involves—
(a)
interference with an interest or right to which this section
applies, or
40

Planning Bill
Schedule 4 — Use of land: power to override easements and other rights
139

(b)
a breach of a restriction as to the user of land arising by virtue
of a contract.”
      (3)
In subsection (2) after “subsection (1)” insert “or (1A)”.
      (4)
In subsection (4)—
(a)
after “subsection (1)” insert “or (1A)”, and
5
(b)
in paragraph (b) after “works on” insert “, or use of,”.
      (5)
In subsection (7) after “subsection (1)” insert “or (1A)”.
Housing Act 1988 (c. 50)
3     (1)
Paragraph 5 of Schedule 10 to the Housing Act 1988 (power to override
easements) is amended as follows.
10
      (2)
After sub-paragraph (1) insert—
   “(1A)
The use of any land in England which has been vested in or
acquired by a housing action trust for the purposes of Part 3 of this
Act, whether the use is by the trust or by any other person, is
authorised by virtue of this paragraph if it is in accordance with
15
planning permission even if the use involves—
(a)
interference with an interest or right to which this
paragraph applies, or
(b)
a breach of a restriction as to the user of land arising by
virtue of a contract.”
20
      (3)
In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.
      (4)
In sub-paragraph (4)—
(a)
after “sub-paragraph (1)” insert “or (1A)”, and
(b)
after “works on” insert “, or use of,”.
      (5)
In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.
25
Town and Country Planning Act 1990 (c. 8)
4     (1)
Section 237 of TCPA 1990 (power to override easements and other rights) is
amended as follows.
      (2)
After subsection (1) insert—
“(1A)
Subject to subsection (3), the use of any land in England which has
30
been acquired or appropriated by a local authority for planning
purposes (whether the use is by the local authority or by a person
deriving title under them) is authorised by virtue of this section if it
is in accordance with planning permission even if the use involves—
(a)
interference with an interest or right to which this section
35
applies, or
(b)
a breach of a restriction as to the user of land arising by virtue
of a contract.”
      (3)
In subsection (4)—
(a)
after “subsection (1)” insert “or (1A)”, and
40
(b)
in paragraph (b)(ii) after “works on” insert “, or use of,”.

Planning Bill
Schedule 4 — Use of land: power to override easements and other rights
140

      (4)
In subsection (7) after “subsection (1)” insert “or (1A)”.
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
5     (1)
Paragraph 5 of Schedule 20 to the Leasehold Reform, Housing and Urban
Development Act 1993 (the Agency: power to override easements) is
amended as follows.
5
      (2)
After sub-paragraph (1) insert—
   “(1A)
The use of any land in England which has been vested in or
acquired by the Agency under this Part of this Act, whether the
use is by the Agency or by any other person, is authorised by
virtue of this paragraph if it is in accordance with planning
10
permission even if the use involves—
(a)
interference with an interest or right to which this
paragraph applies, or
(b)
a breach of a restriction as to the user of land arising by
virtue of a contract.”
15
      (3)
In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.
      (4)
In sub-paragraph (4)—
(a)
after “sub-paragraph (1)” insert “or (1A)”, and
(b)
after “works on” insert “, or use of,”.
      (5)
In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.
20
Regional Development Agencies Act 1998 (c. 45)
6     (1)
Paragraph 2 of Schedule 6 to the Regional Development Agencies Act 1998
(vesting and acquisition of land: power to override easements) is amended
as follows.
      (2)
After sub-paragraph (1) insert—
25
   “(1A)
The use of any land in England which has been vested in or
acquired by a regional development agency under this Act,
whether the use is by the agency or by any other person, is
authorised by virtue of this paragraph if it is in accordance with
planning permission even if the use involves—
30
(a)
interference with an interest or right to which this
paragraph applies, or
(b)
a breach of a restriction as to the user of land arising by
virtue of a contract.”
      (3)
In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.
35
      (4)
In sub-paragraph (4)—
(a)
after “sub-paragraph (1)” insert “or (1A)”, and
(b)
after “works on” insert “, or use of,”.
      (5)
In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.