Planning Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Planning Bill

Planning Bill
Schedule 6 — Appeals: miscellaneous amendments
146

    (4B)
In the case of an appeal to which section 21A applies, the Secretary
of State must give the appellant, the hazardous substances
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
5
respect to which any of those persons have not made
representations.”
      (5)
In sub-paragraph (5) of that paragraph after “(4)” insert “or (4B)”.
      (6)
In paragraph 6 after sub-paragraph (1) insert—
   “(1A)
Sub-paragraph (1) does not apply in the case of an appeal against
10
a decision of a hazardous substances authority in England; but an
appointed person may hold a hearing or a local inquiry in
connection with such an appeal pursuant to a determination
under section 21A.”
      (7)
In sub-paragraphs (2)(a) and (3)(a) of that paragraph after “2(4)” insert “or
15
this paragraph”.
Schedule 6
Section 169

Appeals: miscellaneous amendments
Town and Country Planning Act 1990
1
TCPA 1990 is amended as follows.
20
2
In section 78 (appeals against planning decisions and failure to take
planning decisions) after subsection (4) insert—
“(4A)
A notice of appeal under this section must be accompanied by such
information as may be prescribed by a development order.
(4B)
The power to make a development order under subsection (4A) is
25
exercisable by—
(a)
the Secretary of State, in relation to England;
(b)
the Welsh Ministers, in relation to Wales.
(4C)
Section 333(5) does not apply in relation to a development order
under subsection (4A) made by the Welsh Ministers.
30
(4D)
A development order under subsection (4A) made by the Welsh
Ministers is subject to annulment in pursuance of a resolution of the
National Assembly for Wales.”
3
In section 195 (appeals against refusal or failure to give decision on
application under section 191 or 192) before subsection (2) insert—
35
“(1B)
A notice of appeal under this section must be—
(a)
served within such time and in such manner as may be
prescribed by a development order;
(b)
accompanied by such information as may be prescribed by
such an order.
40

Planning Bill
Schedule 6 — Appeals: miscellaneous amendments
147

(1C)
The time prescribed for the service of a notice of appeal under this
section must not be less than—
(a)
28 days from the date of notification of the decision on the
application; or
(b)
in the case of an appeal under subsection (1)(b), 28 days
5
from—
(i)
the end of the period prescribed as mentioned in
subsection (1)(b), or
(ii)
as the case may be, the extended period mentioned in
subsection (1)(b).
10
(1D)
The power to make a development order under subsection (1B) is
exercisable by—
(a)
the Secretary of State, in relation to England;
(b)
the Welsh Ministers, in relation to Wales.
(1E)
Section 333(5) does not apply in relation to a development order
15
under subsection (1B) made by the Welsh Ministers.
(1F)
A development order under subsection (1B) made by the Welsh
Ministers is subject to annulment in pursuance of a resolution of the
National Assembly for Wales.”
4     (1)
Section 208 (appeals against notices under section 207) is amended as
20
follows.
      (2)
For subsection (4) substitute—
“(4)
The notice shall—
(a)
indicate the grounds of the appeal,
(b)
state the facts on which the appeal is based, and
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(c)
be accompanied by such information as may be prescribed.
(4A)
The power to make regulations under subsection (4)(c) is exercisable
by—
(a)
the Secretary of State, in relation to England;
(b)
the Welsh Ministers, in relation to Wales.
30
(4B)
Section 333(3) does not apply in relation to regulations under
subsection (4)(c) made by the Welsh Ministers.
(4C)
Regulations under subsection (4)(c) made by the Welsh Ministers are
subject to annulment in pursuance of a resolution of the National
Assembly for Wales.”
35
      (3)
In subsection (5) for “any such appeal” substitute “an appeal under
subsection (1)”.
Planning (Listed Buildings and Conservation Areas) Act 1990
5
In section 21 of the Listed Buildings Act (appeals: supplementary
provisions) after subsection (7) insert—
40
“(8)
Regulations under this Act may provide for an appeal under section
20 to be accompanied by such other information as may be
prescribed.

Planning Bill
Schedule 7 — Repeals
148

(9)
The power to make regulations under subsection (8) is exercisable
by—
(a)
the Secretary of State, in relation to England;
(b)
the Welsh Ministers, in relation to Wales.
(10)
Section 93(3) does not apply in relation to regulations under
5
subsection (8) made by the Welsh Ministers.
(11)
Regulations under subsection (8) made by the Welsh Ministers are
subject to annulment in pursuance of a resolution of the National
Assembly for Wales.”
Planning (Hazardous Substances) Act 1990
10
6
In section 21 of the Hazardous Substances Act (appeals against decisions
and failure to take decisions relating to hazardous substances) after
subsection (3) insert—
“(3A)
A notice of appeal under this section must be accompanied by such
information as may be prescribed.
15
(3B)
The power to make regulations under subsection (3A) is exercisable
by—
(a)
the Secretary of State, in relation to England;
(b)
the Welsh Ministers, in relation to Wales.
(3C)
Section 40(3) does not apply in relation to regulations under
20
subsection (3A) made by the Welsh Ministers.
(3D)
Regulations under subsection (3A) made by the Welsh Ministers are
subject to annulment in pursuance of a resolution of the National
Assembly for Wales.”
Schedule 7
25
Section 196

Repeals

Reference
Extent of repeal

Town and Country Planning
Section 61A(1).

Act 1990 (c. 8)
Section 198(3), (4), (6), (8) and (9).

Section 199.

30

Section 201.

Section 202(3).

Sections 203 to 205.

In Schedule 1, paragraph 17.

In Schedule 1A, paragraph 9.

35

In Schedule 4A, paragraph 2(4) and (5).

Environmental Protection Act
In Schedule 13, paragraph 10.

1990 (c. 43)

Planning and Compensation
Section 6(6).

Act 1991 (c. 34)
In Schedule 18, in Part 1, the entries for sections

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203 and 204 of the Town and Country

Planning Act 1990.

Planning Bill
Schedule 7 — Repeals
149

Reference
Extent of repeal

Planning and Compulsory
Section 15(2)(a) and (c).

Purchase Act 2004 (c. 5)
Section 17(1) and (2).

Section 18(4) to (6).

Section 42(3).

5

Section 53.

Planning Act 2008.
In Schedule 2, paragraph 37.