|
| |
|
41 | Local authorities for purposes of section 40(1)(b) |
| |
(1) | A local authority is within this section if the land is in the authority’s area. |
| |
(2) | A local authority (“A”) is within this section if— |
| |
(a) | the land is in the area of another local authority (“B”), and |
| |
(b) | any part of the boundary of A’s area is also a part of the boundary of |
| 5 |
| |
(3) | In this section “local authority” means— |
| |
(a) | a county council, or district council, in England, |
| |
(b) | a London borough council, |
| |
(c) | the Common Council of the City of London, |
| 10 |
(d) | the Council of the Isles of Scilly, |
| |
(e) | a county council, or county borough council, in Wales, or |
| |
(f) | a council constituted under section 2 of the Local Government etc. |
| |
(Scotland) Act 1994 (c. 39). |
| |
42 | Categories for purposes of section 40(1)(d) |
| 15 |
(1) | A person is within Category 1 if the person is an owner, lessee, tenant |
| |
(whatever the tenancy period) or occupier of the land. |
| |
(2) | A person is within Category 2 if the applicant, after making diligent inquiry, |
| |
| |
(a) | is interested in the land, or |
| 20 |
| |
(i) | to sell and convey the land, or |
| |
(ii) | to release the land. |
| |
(3) | An expression, other than “the land”, that appears in subsection (2) of this |
| |
section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has |
| 25 |
in subsection (2) the meaning that it has in section 5(1) of that Act. |
| |
(4) | A person is within Category 3 if the applicant thinks that, if the order sought |
| |
by the proposed application were to be made and fully implemented, the |
| |
person would or might be entitled— |
| |
(a) | as a result of the implementing of the order, |
| 30 |
(b) | as a result of the order having been implemented, or |
| |
(c) | as a result of use of the land once the order has been implemented, |
| |
| to make a relevant claim. |
| |
(5) | In subsection (4) “relevant claim” means— |
| |
(a) | a claim under section 10 of the Compulsory Purchase Act 1965 |
| 35 |
(compensation where satisfaction not made for the taking, or injurious |
| |
affection, of land subject to compulsory purchase), |
| |
(b) | a claim under Part 1 of the Land Compensation Act 1973 (c. 26) |
| |
(compensation for depreciation of land by emissions caused by use of |
| |
| 40 |
(c) | a claim for nuisance. |
| |
|
| |
|
| |
|
43 | Timetable for consultation under section 40 |
| |
(1) | The applicant must, when consulting a person under section 40(1), notify the |
| |
person of the deadline for the receipt by the applicant of the person’s response |
| |
| |
(2) | A deadline notified under subsection (1) must not be earlier than the end of the |
| 5 |
period of 28 days that begins with the day after the day on which the person |
| |
receives the consultation documents. |
| |
(3) | In subsection (2) “the consultation documents” means the documents supplied |
| |
to the person by the applicant for the purpose of consulting the person. |
| |
44 | Duty to notify Commission of proposed application |
| 10 |
(1) | The applicant must supply the Commission with such information in relation |
| |
to the proposed application as the applicant would supply to the Commission |
| |
for the purpose of complying with subsection (1) of section 40 if the applicant |
| |
were required by that subsection to consult the Commission about the |
| |
| 15 |
(2) | The applicant must comply with subsection (1) on or before commencing |
| |
consultation under section 40(1). |
| |
45 | Duty to consult local community |
| |
(1) | The applicant must prepare a statement setting out how the applicant proposes |
| |
to consult, about the proposed development, people living in the vicinity of the |
| 20 |
| |
(2) | Before preparing the statement, the applicant must consult each local authority |
| |
that is within section 41(1) about what is to be in the statement. |
| |
(3) | The deadline for the receipt by the applicant of a local authority’s response to |
| |
consultation under subsection (2) is the end of the period of 28 days that begins |
| 25 |
with the day after the day on which the local authority receives the |
| |
| |
(4) | In subsection (3) “the consultation documents” means the documents supplied |
| |
to the local authority by the applicant for the purpose of consulting the local |
| |
authority under subsection (2). |
| 30 |
(5) | In preparing the statement, the applicant must have regard to— |
| |
(a) | any response to consultation under subsection (2) that is received by |
| |
the applicant before the deadline imposed by subsection (3), |
| |
(b) | any guidance given by the Secretary of State (including any guidance |
| |
given by the Secretary of State about community involvement in |
| 35 |
| |
(c) | any guidance given by the Commission. |
| |
(6) | Once the applicant has prepared the statement, the applicant must publish it— |
| |
(a) | in a newspaper circulating in the vicinity of the land, and |
| |
(b) | in such other manner as may be prescribed. |
| 40 |
(7) | The applicant must carry out consultation in accordance with the proposals set |
| |
| |
|
| |
|
| |
|
| |
(1) | The applicant must publicise the proposed application in the prescribed |
| |
| |
(2) | Regulations made for the purposes of subsection (1) must, in particular, make |
| |
provision for publicity under subsection (1) to include a deadline for receipt by |
| 5 |
the applicant of responses to the publicity. |
| |
47 | Duty to take account of responses to consultation and publicity |
| |
(1) | Subsection (2) applies where the applicant— |
| |
(a) | has complied with sections 40(1), 45 and 46(1), and |
| |
(b) | proposes to go ahead with making an application for an order granting |
| 10 |
development consent (whether or not in the same terms as the |
| |
| |
(2) | The applicant must, when deciding whether the application that the applicant |
| |
is actually to make should be in the same terms as the proposed application, |
| |
have regard to any relevant responses. |
| 15 |
(3) | In subsection (2) “relevant response” means— |
| |
(a) | a response from a person consulted under section 40(1) that is received |
| |
by the applicant before the deadline imposed by section 43 in that |
| |
| |
(b) | a response to consultation under section 45(7) that is received by the |
| 20 |
applicant before any applicable deadline imposed in accordance with |
| |
the statement prepared under section 45, or |
| |
(c) | a response to publicity under section 46 that is received by the applicant |
| |
before the deadline imposed in accordance with section 46(2) in relation |
| |
| 25 |
| |
Assistance for applicants and others |
| |
48 | Advice for potential applicants and others |
| |
(1) | The Commission may give advice to an applicant or potential applicant, or to |
| |
| 30 |
(a) | applying for an order granting development consent; |
| |
(b) | making representations about an application, or a proposed |
| |
application, for such an order. |
| |
(2) | The Commission may not under subsection (1) give advice about the merits of |
| |
any particular application, or proposed application, for such an order. |
| 35 |
(3) | The Secretary of State may, if the Secretary of State thinks it appropriate to do |
| |
so in connection with securing propriety in the giving of advice under |
| |
subsection (1), by regulations make provision about the giving of advice under |
| |
that subsection (but not about what the advice is to be). |
| |
(4) | In particular, regulations under subsection (3) may make provision that has the |
| 40 |
| |
(a) | a person’s request for advice under subsection (1), or |
| |
|
| |
|
| |
|
(b) | advice given under subsection (1) to a person, |
| |
| must be, or may be, disclosed by the Commission to persons other than that |
| |
person or to the public generally. |
| |
49 | Obtaining information about interests in land |
| |
(1) | Where a person is applying, or proposes to apply, for an order granting |
| 5 |
development consent, subsection (2) applies for the purpose of enabling the |
| |
person (“the applicant”) to comply with provisions of, or made under, Chapter |
| |
2 of this Part or Chapter 1 of Part 6. |
| |
(2) | The Commission may authorise the applicant to serve a notice on a person |
| |
mentioned in subsection (3) requiring the person (“the recipient”) to give to the |
| 10 |
applicant in writing the name and address of any person the recipient believes |
| |
is one or more of the following— |
| |
(a) | an owner, lessee, tenant (whatever the tenancy period) or occupier of |
| |
| |
(b) | a person interested in the land; |
| 15 |
(c) | a person having power— |
| |
(i) | to sell and convey the land, or |
| |
(ii) | to release the land. |
| |
| |
(a) | an occupier of the land; |
| 20 |
(b) | a person who has an interest in the land as freeholder, mortgagee or |
| |
| |
(c) | a person who directly or indirectly receives rent for the land; |
| |
(d) | a person who, in pursuance of an agreement between that person and |
| |
a person interested in the land, is authorised to manage the land or to |
| 25 |
arrange for the letting of it. |
| |
(4) | A notice under subsection (2) must— |
| |
| |
(b) | state that the Commission has authorised the applicant to serve the |
| |
| 30 |
(c) | specify or describe the land to which the application, or proposed |
| |
| |
(d) | specify the deadline by which the recipient must give the required |
| |
information to the applicant, and |
| |
(e) | draw attention to the provisions in subsections (6) to (9). |
| 35 |
(5) | A deadline specified under subsection (4)(d) in a notice must not be earlier than |
| |
the end of the 14 days beginning with the day after the day on which the notice |
| |
is served on the recipient of the notice. |
| |
(6) | A person commits an offence if the person fails without reasonable excuse to |
| |
comply with a notice under subsection (2) served on the person. |
| 40 |
(7) | A person commits an offence if, in response to a notice under subsection (2) |
| |
| |
(a) | the person gives information which is false in a material particular, and |
| |
(b) | when the person does so, the person knows or ought reasonably to |
| |
know that the information is false. |
| 45 |
|
| |
|
| |
|
(8) | If an offence under this section committed by a body corporate is proved to |
| |
have been committed with the consent or connivance of, or to be attributable |
| |
to any neglect on the part of— |
| |
(a) | a director, manager, secretary or other similar officer of the body, |
| |
(b) | a person purporting to act in any such capacity, or |
| 5 |
(c) | in a case where the affairs of the body are managed by its members, a |
| |
| |
| that person, as well as the body, is guilty of that offence and liable to be |
| |
proceeded against accordingly. |
| |
(9) | A person guilty of an offence under this section is liable on summary |
| 10 |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
(10) | In subsections (2) and (3) “the land” means— |
| |
(a) | the land to which the application, or proposed application, relates, or |
| |
(b) | any part of that land. |
| |
(11) | Any other expression that appears in either of paragraphs (b) and (c) of |
| 15 |
subsection (2) and also in section 5(1) of the Compulsory Purchase Act 1965 |
| |
(c. 56) has in those paragraphs the meaning that it has in section 5(1) of that Act. |
| |
| |
(1) | Any person duly authorised in writing by the Commission may at any |
| |
reasonable time enter any land for the purpose of surveying and taking levels |
| 20 |
of it in connection with— |
| |
(a) | an application for an order granting development consent, whether in |
| |
relation to that or any other land, that has been accepted by the |
| |
| |
(b) | a proposed application for an order granting development consent, or |
| 25 |
(c) | an order granting development consent that includes provision |
| |
authorising the compulsory acquisition of that land or of an interest in |
| |
| |
(2) | Authorisation may be given by the Commission under subsection (1)(b) in |
| |
relation to any land only if it appears to the Commission that— |
| 30 |
(a) | the proposed applicant is considering a distinct project of real |
| |
substance genuinely requiring entry onto the land, |
| |
(b) | the proposed application is likely to seek authority to compulsorily |
| |
| |
(c) | the proposed applicant has complied with section 40(1) in relation to |
| 35 |
the proposed application. |
| |
(3) | Subject to subsections (9) and (10), power conferred by subsection (1) to survey |
| |
land includes power to search and bore for the purpose of ascertaining the |
| |
nature of the subsoil or the presence of minerals or other matter in it. |
| |
(4) | A person authorised under subsection (1) to enter any land— |
| 40 |
(a) | must, if so required, produce evidence of the person’s authority, and |
| |
state the purpose of the person’s entry, before so entering, |
| |
(b) | may not demand admission as of right to any land which is occupied |
| |
unless 14 days’ notice of the intended entry has been given to the |
| |
| 45 |
|
| |
|
| |
|
(c) | must comply with any other conditions subject to which the |
| |
Commission’s authorisation is given. |
| |
(5) | A person commits an offence if the person wilfully obstructs a person acting in |
| |
the exercise of power under subsection (1). |
| |
(6) | A person guilty of an offence under subsection (5) is liable on summary |
| 5 |
conviction to a fine not exceeding level 3 on the standard scale. |
| |
(7) | Where any damage is caused to land or chattels— |
| |
(a) | in the exercise of a right of entry conferred under subsection (1), or |
| |
(b) | in the making of any survey for the purpose of which any such right of |
| |
entry has been conferred, |
| 10 |
| compensation may be recovered by any person suffering the damage from the |
| |
person exercising the right of entry. |
| |
(8) | Any question of disputed compensation under subsection (7) must be referred |
| |
to and determined by the Lands Tribunal. |
| |
(9) | No person may carry out under subsection (1) any works authorised by virtue |
| 15 |
of subsection (3) unless notice of the person’s intention to do so was included |
| |
in the notice required by subsection (4)(b). |
| |
(10) | The authority of the appropriate Minister is required for the carrying out under |
| |
subsection (1) of works authorised by virtue of subsection (3) if— |
| |
(a) | the land in question is held by statutory undertakers, and |
| 20 |
(b) | they object to the proposed works on the ground that execution of the |
| |
works would be seriously detrimental to the carrying-on of their |
| |
| |
| |
“the appropriate Minister” means— |
| 25 |
(a) | in the case of land in Wales held by water or sewerage |
| |
undertakers, the Welsh Ministers, and |
| |
(b) | in any other case, the Secretary of State; |
| |
“statutory undertakers” means persons who are, or who are deemed to be, |
| |
statutory undertakers for the purposes of any provision of Part 11 of |
| 30 |
| |
51 | Rights of entry: the Crown |
| |
(1) | Subsections (1) to (3) of section 50 apply to Crown land subject to subsections |
| |
(2) and (3) of this section. |
| |
(2) | A person must not enter Crown land unless the person (“P”) has the |
| 35 |
| |
(a) | a person appearing to P to be entitled to give it, or |
| |
(b) | the appropriate Crown authority. |
| |
(3) | In section 50(3), the words “Subject to subsections (9) and (10)” must be |
| |
| 40 |
(4) | Subsections (4) to (6) and (9) to (11) of section 50 do not apply to anything done |
| |
by virtue of subsections (1) to (3) of this section. |
| |
|
| |
|
| |
|
| |
Deciding applications for orders granting development consent |
| |
| |
Handling of application by Commission |
| |
52 | Acceptance of applications |
| 5 |
(1) | The following provisions of this section apply where the Commission receives |
| |
an application that purports to be an application for an order granting |
| |
| |
(2) | The Commission must, by the end of the period of 28 days beginning with the |
| |
day after the day on which it receives the application, decide whether or not to |
| 10 |
| |
(3) | The Commission may accept the application only if the Commission |
| |
| |
(a) | that it is an application for an order granting development consent, |
| |
(b) | that it complies with section 35(3) (form and contents of application) |
| 15 |
and with any standards set under section 35(5), |
| |
(c) | that development consent is required for any of the development to |
| |
which the application relates, |
| |
(d) | that the application gives reasons for each respect in which any |
| |
applicable guidance given under section 35(4) has not been followed in |
| 20 |
| |
(e) | that the applicant has, in relation to a proposed application that has |
| |
become the application, complied with Chapter 2 of Part 5 (pre- |
| |
| |
(4) | The Commission, when deciding whether it may reach the conclusion in |
| 25 |
subsection (3)(e), must have regard to any adequacy-of-consultation |
| |
representation received by it from a local-authority consultee. |
| |
| |
“local-authority consultee” means— |
| |
(a) | a local authority consulted under section 40(1)(b) about a |
| 30 |
proposed application that has become the application, or |
| |
(b) | the Greater London Authority if consulted under section |
| |
40(1)(c) about that proposed application; |
| |
“adequacy-of-consultation representation” means a representation about |
| |
whether the applicant complied, in relation to that proposed |
| 35 |
application, with the applicant’s duties under sections 40, 45 and 46. |
| |
(6) | If the Commission accepts the application, it must notify the applicant of the |
| |
| |
(7) | If the Commission is of the view that it cannot accept the application, it must— |
| |
(a) | notify that view to the applicant, and |
| 40 |
(b) | notify the applicant of its reasons for that view. |
| |
(8) | If in response the applicant modifies (or further modifies) the application, |
| |
subsections (2) to (7) then apply in relation to the application as modified. |
| |
|
| |
|