Planning Bill

House of Commons

Session 2007 - 08
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Planning Bill

Planning Bill
Schedule 5 — Further provisions as to the procedure for certain proceedings
141

Schedule 5
Section 168

Further provisions as to the procedure for certain proceedings
Town and Country Planning Act 1990 (c. 8)
1
TCPA 1990 is amended as follows.
2
In section 77 (reference of applications to Secretary of State) for subsection
5
(6) substitute—
“(6)
Subsection (5) does not apply to—
(a)
an application for planning permission referred to a Planning
Inquiry Commission under section 101; or
(b)
an application referred to the Secretary of State under this
10
section instead of being dealt with by a local planning
authority in England.”
3
In section 78(5) (appeals against failure to take planning decisions)—
(a)
for “79(1)” substitute “79(1) and (3)”, and
(b)
for “and 288(10)(b)” substitute “, 288(10)(b) and 319A(7)(b)”.
15
4
In section 79 (determination of appeals under section 78) for subsection (3)
substitute—
“(3)
Subsection (2) does not apply to—
(a)
an appeal referred to a Planning Inquiry Commission under
section 101; or
20
(b)
an appeal against a decision of a local planning authority in
England.”
5
In section 175 (supplementary provisions about appeals against
enforcement notices) after subsection (3) insert—
“(3A)
Subsection (3) does not apply to an appeal against an enforcement
25
notice issued by a local planning authority in England.”
6
In section 176(4) (determination of appeals: disapplication of section
175(3))—
(a)
after “If” insert “section 175(3) would otherwise apply and”, and
(b)
after “subsection (3)” insert “of this section”.
30
7
In section 195(5) (appeals against failure to give decision on application
under section 191 or 192) for “section 288(10)(b)” substitute “sections
196(1A), 288(10)(b) and 319A(7)(d)”.
8     (1)
Amend section 196 (further provision as to appeals to Secretary of State
under section 195) as follows.
35
      (2)
After subsection (1) insert—
“(1A)
Subsection (1) does not apply to an appeal against a decision of a
local planning authority in England.”
      (3)
In subsection (2) for “such an appeal” substitute “an appeal under section
195(1)”.
40
9     (1)
Amend section 208 (appeals against notices under section 207) as follows.

Planning Bill
Schedule 5 — Further provisions as to the procedure for certain proceedings
142

      (2)
After subsection (5) insert—
“(5A)
Subsection (5) does not apply to an appeal against a notice issued by
a local planning authority in England.”
      (3)
In subsection (6) for “such an appeal is brought” substitute “an appeal is
brought under subsection (1)”.
5
10
In section 322 (orders as to costs of parties where no local inquiry held) after
subsection (1) insert—
“(1A)
This section also applies to proceedings under this Act to which
section 319A applies.”
11
In section 322A (orders as to costs: supplementary) after subsection (1)
10
insert—
“(1A)
This section also applies where—
(a)
arrangements are made for a local inquiry or a hearing to be
held pursuant to a determination under section 319A;
(b)
the inquiry or hearing does not take place; and
15
(c)
if it had taken place, the Secretary of State or a person
appointed by the Secretary of State would have had power to
make an order under section 250(5) of the Local Government
Act 1972 requiring any party to pay any costs of any other
party.”
20
12    (1)
Amend section 323 (procedure on certain appeals and applications) as
follows.
      (2)
After subsection (1) insert—
“(1A)
The Secretary of State may by regulations prescribe the procedure to
be followed in connection with proceedings under this Act which,
25
pursuant to a determination under section 319A, are to be considered
on the basis of representations in writing.”
      (3)
In subsections (2) and (3) for “The regulations may” substitute “Regulations
under this section may”.
      (4)
In subsection (2)(a) for “such an inquiry or hearing” substitute “an inquiry
30
or hearing to which rules under section 9 of the Tribunals and Inquiries Act
1992 would apply”.
13    (1)
Amend section 333 (regulations and orders) as follows.
      (2)
In subsection (4) for “and 319” substitute “, 319 and 319A(9)”.
      (3)
After subsection (5) insert—
35
“(5A)
No order may be made under section 319A(9) unless a draft of the
instrument containing the order has been laid before, and approved
by resolution of, each House of Parliament.”
14    (1)
Amend Schedule 6 (determination of certain appeals by person appointed
by Secretary of State) as follows.
40
      (2)
In paragraph 2 for sub-paragraph (5) substitute—
    “(5)
Sub-paragraph (2) does not apply—

Planning Bill
Schedule 5 — Further provisions as to the procedure for certain proceedings
143

(a)
in the case of an appeal to which section 319A applies; or
(b)
in the case of an appeal under section 78 if the appeal is
referred to a Planning Inquiry Commission under section
101.”
      (3)
After sub-paragraph (9) of that paragraph insert—
5
   “(10)
Sub-paragraph (9) does not apply to references to the Secretary of
State in section 319A (powers and duties of the Secretary of State
in relation to the determination of procedure for certain
proceedings).”
      (4)
In paragraph 3 for sub-paragraph (5) substitute—
10
    “(5)
Sub-paragraph (4) does not apply—
(a)
in the case of an appeal to which section 319A applies; or
(b)
in the case of an appeal under section 78 if the appeal is
referred to a Planning Inquiry Commission under section
101.
15
    (5A)
In the case of an appeal to which section 319A applies, the
Secretary of State must give the appellant, the local planning
authority and any person who has made any representations
mentioned in sub-paragraph (2) an opportunity to make further
representations if the reasons for the direction raise matters with
20
respect to which any of those persons have not made
representations.”
      (5)
In sub-paragraph (6) of that paragraph after “(4)” insert “or (5A)”.
      (6)
In paragraph 6 after sub-paragraph (1) insert—
   “(1A)
Sub-paragraph (1) does not apply in the case of an appeal to which
25
section 319A applies; but an appointed person may hold a hearing
or local inquiry in connection with such an appeal pursuant to a
determination under that section.”
      (7)
In sub-paragraph (2)(a) of that paragraph after “2(4)” insert “or this
paragraph”.
30
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
15
The Listed Buildings Act is amended as follows.
16
In section 12 (reference of applications to Secretary of State) after subsection
(4) insert—
“(4A)
Subsection (4) does not apply to an application referred to the
35
Secretary of State under this section instead of being dealt with by a
local planning authority in England.”
17
In section 20(4) (right of appeal in case of failure to give notice of decision)
for “22(1) and 63(7)(b)” substitute “22(1) and (2A), 63(7)(b) and 88D(7)(b)”.
18    (1)
Amend section 22 (determination of appeals under section 20) as follows.
40
      (2)
After subsection (2) insert—
“(2A)
Subsection (2) does not apply to an appeal against a decision of a
local planning authority in England.”

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Schedule 5 — Further provisions as to the procedure for certain proceedings
144

      (3)
In subsection (3) for “the appeal” substitute “an appeal under section 20”.
19
In section 40 (supplementary provisions about appeals against listed
building enforcement notices) after subsection (2) insert—
“(2A)
Subsection (2) does not apply to an appeal against a listed building
enforcement notice issued by a local planning authority in England.”
5
20
In section 41(4) (determination of appeals: disapplication of section 40(2))—
(a)
after “If” insert “section 40(2) would otherwise apply and”, and
(b)
after “subsection (3)” insert “of this section”.
21
In section 74(3) (application of certain provisions in relation to buildings in
conservation areas) after “82D” insert “, 88D”.
10
22
In section 89 (application of certain general provisions of TCPA 1990) after
subsection (1) insert—
“(1ZA)
In the application of sections 322, 322A and 323 of that Act by virtue
of this section, references to section 319A of that Act shall have effect
as references to section 88D of this Act.”
15
23    (1)
Amend section 93 (regulations and orders) as follows.
      (2)
In subsection (4) after “75(7)” insert “, 88D(8)”.
      (3)
After subsection (5) insert—
“(5A)
No order may be made under section 88D(8) unless a draft of the
instrument containing the order has been laid before, and approved
20
by resolution of, each House of Parliament.”
24    (1)
Amend Schedule 3 (determination of certain appeals by person appointed
by Secretary of State) as follows.
      (2)
In paragraph 2 after sub-paragraph (4) insert—
   “(4A)
Sub-paragraph (2) does not apply in the case of an appeal to which
25
section 88D applies.”
      (3)
After sub-paragraph (8) of that paragraph insert—
    “(9)
Sub-paragraph (8) does not apply to references to the Secretary of
State in section 88D (powers and duties of the Secretary of State in
relation to the determination of procedure for certain
30
proceedings).”
      (4)
In paragraph 3 after sub-paragraph (4) insert—
   “(4A)
Sub-paragraph (4) does not apply in the case of an appeal to which
section 88D applies.
    (4B)
In the case of an appeal to which section 88D applies, the Secretary
35
of State must give the appellant, the local planning authority and
any person who has made any representations mentioned in sub-
paragraph (2) an opportunity to make further representations if
the reasons for the direction raise matters with respect to which
any of those persons have not made representations.”
40
      (5)
In sub-paragraph (5) of that paragraph after “(4)” insert “or (4B)”.

Planning Bill
Schedule 5 — Further provisions as to the procedure for certain proceedings
145

      (6)
In paragraph 6 after sub-paragraph (1) insert—
   “(1A)
Sub-paragraph (1) does not apply in the case of an appeal to which
section 88D applies; but an appointed person may hold a hearing
or local inquiry in connection with such an appeal pursuant to a
determination under that section.”
5
      (7)
In sub-paragraph (2)(a) of that paragraph after “2(4)” insert “or this
paragraph”.
Planning (Hazardous Substances) Act 1990 (c. 10)
25
The Hazardous Substances Act is amended as follows.
26
In section 20 (reference of applications to Secretary of State) after subsection
10
(4) insert—
“(4A)
Subsection (4) does not apply to an application referred to the
Secretary of State under this section instead of being dealt with by a
hazardous substances authority in England.”
27
In section 21 (appeals against decisions or failure to take decisions relating
15
to hazardous substances) after subsection (5) insert—
“(5A)
Subsection (5) does not apply to an appeal against a decision of a
hazardous substances authority in England.”
28
In section 25(1) (appeals against hazardous substances contravention
notices)—
20
(a)
in paragraph (b)(v) after “principal Act” insert “and section 21A of
this Act”, and
(b)
in paragraph (c) for “that Act” substitute “the principal Act”.
29
In section 37 (application of certain general provisions of TCPA 1990) after
subsection (2) insert—
25
“(3)
In the application of sections 322, 322A and 323 of that Act by virtue
of this section, references to section 319A of that Act shall have effect
as references to section 21A of this Act.”
30    (1)
Amend the Schedule (determination of appeals by person appointed by
Secretary of State) as follows.
30
      (2)
In paragraph 2 after sub-paragraph (4) insert—
   “(4A)
Sub-paragraph (2) does not apply to an appeal against a decision
of a hazardous substances authority in England.”
      (3)
After sub-paragraph (8) of that paragraph insert—
    “(9)
Sub-paragraph (8) does not apply to references to the Secretary of
35
State in section 21A (powers and duties of the Secretary of State in
relation to the determination of procedure for certain
proceedings).”
      (4)
In paragraph 3 after sub-paragraph (4) insert—
   “(4A)
Sub-paragraph (4) does not apply in the case of an appeal against
40
a decision of a hazardous substances authority in England.