Planning Bill

House of Commons

Session 2007 - 08
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Planning Bill

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
62

(b)
in a case where a Panel or the Council is the decision-maker, the
Secretary of State has notified the Commission that the Secretary of
State is so satisfied.
(3)
This subsection applies if—
(a)
replacement land has been or will be given in exchange for the order
5
land, and
(b)
the replacement land has been or will be vested in the prospective seller
and subject to the same rights, trusts and incidents as attach to the order
land.
(4)
This subsection applies if the order land is being purchased in order to secure
10
its preservation or improve its management.
(5)
This subsection applies if—
(a)
the order land does not exceed 209.03 square metres in extent or is
required for the widening or drainage of an existing highway or partly
for the widening and partly for the drainage of such a highway, and
15
(b)
the giving in exchange of other land is unnecessary, whether in the
interests of the persons, if any, entitled to rights of common or other
rights or in the interests of the public.
(6)
If an order granting development consent authorises the compulsory
acquisition of land to which this section applies, it may include provision—
20
(a)
for vesting replacement land given in exchange as mentioned in
subsection (3)(a) in the prospective seller and subject to the rights,
trusts and incidents mentioned in subsection (3)(b), and
(b)
for discharging the order land from all rights, trusts and incidents to
which it is subject.
25
(7)
Subsection (6)(b) does not apply in a case where subsection (4) applies.
(8)
In this section —
“common” includes any land subject to be enclosed under the Inclosure
Acts 1845 to 1882, and any town or village green;
“fuel or field garden allotment” means any allotment set out as a fuel
30
allotment, or a field garden allotment, under an Inclosure Act;
“open space” means any land laid out as a public garden, or used for the
purposes of public recreation, or land which is a disused burial ground;
“the order land” means the land authorised to be compulsorily acquired;
“the prospective seller” means the person or persons in whom the order
35
land is vested;
“replacement land” means land which is not less in area than the order
land and which is no less advantageous to the persons, if any, entitled
to rights of common or other rights, and to the public.
119
Commons, open spaces etc: compulsory acquisition of rights over land
40
(1)
This section applies to any land forming part of a common, open space or fuel
or field garden allotment.
(2)
An order granting development consent is subject to special parliamentary
procedure, to the extent that the order authorises the compulsory acquisition
of a relevant right over land to which this section applies, unless—
45

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Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
63

(a)
in a case where the Secretary of State is the decision-maker, the
Secretary of State is satisfied that one of subsections (3) to (6) applies;
(b)
in a case where a Panel or the Council is the decision-maker, the
Secretary of State has notified the Commission that the Secretary of
State is so satisfied.
5
(3)
This subsection applies if the order land, when burdened with the order right,
will be no less advantageous than it was before to the following persons—
(a)
the persons in whom it is vested,
(b)
other persons, if any, entitled to rights of common or other rights, and
(c)
the public.
10
(4)
This subsection applies if—
(a)
replacement land has been or will be given in exchange for the order
right, and
(b)
the replacement land has been or will be vested in the persons in whom
the order land is vested and subject to the same rights, trusts and
15
incidents as attach to the order land (ignoring the order granting
development consent).
(5)
This subsection applies if the order right is being acquired in order to secure
the preservation or improve the management of the order land.
(6)
This subsection applies if—
20
(a)
the order land does not exceed 209.03 square metres in extent or the
order right is required in connection with the widening or drainage of
an existing highway or in connection partly with the widening and
partly with the drainage of such a highway, and
(b)
the giving of other land in exchange for the order right is unnecessary,
25
whether in the interests of the persons, if any, entitled to rights of
common or other rights or in the interests of the public.
(7)
If an order granting development consent authorises the compulsory
acquisition of a relevant right over land to which this section applies, it may
include provision—
30
(a)
for vesting replacement land given in exchange as mentioned in
subsection (4)(a) in the persons in whom the order land is vested and
subject to the rights, trusts and incidents mentioned in subsection
(4)(b), and
(b)
for discharging the order land from all rights, trusts and incidents to
35
which it has previously been subject so far as their continuance would
be inconsistent with the exercise of the order right.
(8)
Subsection (7)(b) does not apply in a case where subsection (5) applies.
(9)
In this section —
“common”, “fuel or field garden allotment” and “open space” have the
40
same meanings as in section 118;
“the order land” means the land to which this section applies over which
the order right is to be exercisable;
“the order right” means the relevant right authorised to be compulsorily
acquired;
45
“relevant right” means a right to which Schedule 3 to the Acquisition of
Land Act 1981 (c. 67) applies;

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
64

“replacement land” means land which will be adequate to compensate the
following persons for the disadvantages which result from the
compulsory acquisition of the order right—
(a)
the persons in whom the order land is vested,
(b)
the persons, if any, entitled to rights of common or other rights
5
over the order land, and
(c)
the public.
120
Crown land
An order granting development consent may include provision authorising
the compulsory acquisition of an interest in Crown land only if—
10
(a)
it is an interest which is for the time being held otherwise than by or on
behalf of the Crown, and
(b)
the appropriate Crown authority consents to the acquisition.
121
Notice of authorisation of compulsory acquisition
(1)
This section applies if—
15
(a)
an order is made granting development consent, and
(b)
the order includes provision authorising the compulsory acquisition of
land.
(2)
In this section —
“the order land” means the land authorised to be compulsorily acquired;
20
“the prospective purchaser” means the person authorised to compulsorily
acquire land by the order granting development consent.
(3)
After the order has been made, the prospective purchaser must—
(a)
serve a compulsory acquisition notice and a copy of the order on each
person to whom subsection (4) applies, and
25
(b)
affix a compulsory acquisition notice to a conspicuous object or objects
on or near the order land.
(4)
This subsection applies to any person who, if the order granting development
consent were a compulsory purchase order, would be a qualifying person for
the purposes of section 12(1) of the Acquisition of Land Act 1981 (c. 67) (notice
30
to owners, lessees and occupiers).
(5)
A compulsory acquisition notice which is affixed under subsection (3)(b)
must—
(a)
be addressed to persons occupying or having an interest in the order
land, and
35
(b)
so far as practicable, be kept in place by the prospective purchaser until
the end of the period of 6 weeks beginning with the date on which the
order is published.
(6)
The prospective purchaser must also publish a compulsory acquisition notice
in one or more local newspapers circulating in the locality in which the order
40
land is situated.
(7)
A compulsory acquisition notice is a notice in the prescribed form—
(a)
describing the order land,

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
65

(b)
stating that the order granting development consent includes provision
authorising the compulsory acquisition of the land, and
(c)
stating that a person aggrieved by the order may challenge the order
only in accordance with section 108.
(8)
A compulsory acquisition notice which is affixed under subsection (3)(b) must
5
also name a place where a copy of the order granting development consent
may be inspected at all reasonable hours.
Miscellaneous
122
Public rights of way
An order granting development consent may extinguish a public right of way
10
over land only if the decision-maker is satisfied that—
(a)
an alternative right of way has been or will be provided, or
(b)
the provision of an alternative right of way is not required.
123
Operation of generating stations
An order granting development consent may include provision authorising
15
the operation of a generating station only if the development to which the
order relates is or includes the construction or extension of the generating
station.
124
Keeping electric lines installed above ground
An order granting development consent may include provision authorising an
20
electric line to be kept installed above ground only if the development to which
the order relates is or includes the installation of the line above ground.
125
Diversion of watercourses
(1)
An order granting development consent may include provision authorising
the diversion of any part of a navigable watercourse only if the condition in
25
subsection (2) is met.
(2)
The new length of watercourse must be navigable in a reasonably convenient
manner by vessels of a kind that are accustomed to using the part of the
watercourse which is to be diverted.
(3)
In deciding whether the condition in subsection (2) is met, the effect of any
30
bridge or tunnel must be ignored if the construction of the bridge or tunnel is
part of the development for which consent is granted by the order granting
development consent.
(4)
If an order granting development consent includes provision authorising the
diversion of any part of a navigable watercourse, the order is also to be taken
35
to authorise the diversion of any tow path or other way adjacent to that part.
126
Highways
(1)
An order granting development consent may include provision authorising
the charging of tolls in relation to a proposed highway only if a request to that
effect has been included in the application for the order.
40

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
66

(2)
If an order granting development consent includes provision authorising the
charging of tolls in relation to a proposed highway, the order is treated as a toll
order for the purposes of sections 7 to 18 of the New Roads and Street Works
Act 1991 (c. 22).
(3)
An order granting development consent may include provision authorising—
5
(a)
the appropriation of a highway by a person, or
(b)
the transfer of a highway to a person,

only if the appropriation or transfer is connected with the construction by the
person of a highway which is designated by the order as a special road.
127
Discharge of water
10
(1)
This section applies if—
(a)
an order granting development consent includes provision authorising
the discharge of water into inland waters or underground strata, and
(b)
but for the order, the person to whom development consent is granted
would have had no power to take water, or to require discharges to be
15
made, from the inland waters or other source from which the
discharges authorised by the order are intended to be made.
(2)
The order does not have the effect of conferring any such power on that person.
128
Development of Green Belt land
(1)
This section applies if an order granting development consent includes
20
provision—
(a)
authorising the acquisition of Green Belt land, compulsorily or by
agreement,
(b)
authorising the sale, exchange or appropriation of Green Belt land, or
(c)
freeing land from any restriction imposed upon it by or under the
25
Green Belt (London and Home Counties) Act 1938 (c. xciii), or by a
covenant or other agreement entered into for the purposes of that Act.
(2)
The decision-maker must notify the relevant local authorities of the provision
made by the order.
(3)
If the decision-maker is a Panel or the Council, the decision-maker must also
30
notify the Secretary of State of the provision made by the order.
(4)
The relevant local authorities are—
(a)
each local authority in whose area all or part of the land is situated,
(b)
any local authority in whom all or part of the land is vested, and
(c)
each contributing local authority.
35
(5)
In this section “local authority” and “contributing local authority” have the
same meanings as in the Green Belt (London and Home Counties) Act
1938 (c. xciii) (see section 2(1) of that Act).

Planning Bill
Part 7 — Development consent orders
Chapter 2 — General
67

Chapter 2
General
129
Duration of development consent order
(1)
Development for which development consent is granted must be begun before
the end of—
5
(a)
the prescribed period, or
(b)
such other period (whether longer or shorter than that prescribed) as is
specified in the order granting the consent.
(2)
If the development is not begun before the end of the period applicable under
subsection (1), the order granting development consent ceases to have effect at
10
the end of that period.
(3)
Where an order granting development consent authorises the compulsory
acquisition of land, steps of a prescribed description must be taken in relation
to the compulsory acquisition before the end of—
(a)
the prescribed period, or
15
(b)
such other period (whether longer or shorter than that prescribed) as is
specified in the order.
(4)
If steps of the prescribed description are not taken before the end of the period
applicable under subsection (3), the authority to compulsorily acquire the land
under the order ceases to have effect.
20
130
When development begins
(1)
For the purposes of this Act development is taken to begin on the earliest date
on which any material operation comprised in the development begins to be
carried out.
(2)
“Material operation” means—
25
(a)
a work of construction in the course of the erection, extension,
alteration or re-erection of a building;
(b)
a work of demolition of a building;
(c)
the digging of a trench which is to contain the foundations, or part of
the foundations, of a building;
30
(d)
the laying of an underground main or pipe—
(i)
to the foundations, or part of the foundations, of a building, or
(ii)
to a trench such as is mentioned in paragraph (c);
(e)
an operation in the course of laying out or constructing a road or part
of a road;
35
(f)
a change in the use of land which constitutes material development.
(3)
“Material development” has the meaning given by section 56(5) of TCPA 1990.
131
Benefit of development consent order
(1)
If an order granting development consent is made in respect of any land, the
order has effect for the benefit of the land and all persons for the time being
40
interested in the land.
(2)
Subsection (1) is subject to any contrary provision made in the order.