Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 8 — Enforcement
72

143
Execution of works required by notice of unauthorised development
(1)
If any of the steps specified in a notice of unauthorised development have not
been taken before the end of the period for compliance with the notice, the local
planning authority may—
(a)
enter the land on which the development has been carried out and take
5
those steps, and
(b)
recover from the person who is then the owner of the land any expenses
reasonably incurred by it in doing so.
(2)
Where a notice of unauthorised development has been served in respect of a
development—
10
(a)
any expenses incurred by the owner or occupier of the land for the
purposes of complying with it, and
(b)
any sums paid by the owner of the land under subsection (1) in respect
of expenses incurred by the local planning authority in taking steps
required by it,
15

are to be deemed to be incurred or paid for the use and at the request of the
person found guilty of the offence under section 133 or 134.
(3)
Regulations may provide that all or any of the following sections of the Public
Health Act 1936 (c. 49) are to apply, subject to such adaptations and
modifications as may be specified in the regulations, in relation to any steps
20
required to be taken by a notice of unauthorised development—
section 276 (power of local authorities to sell materials removed in
executing works under that Act subject to accounting for the proceeds
of sale);
section 289 (power to require the occupier of any premises to permit
25
works to be executed by the owner of the premises);
section 294 (limit on liability of persons holding premises as agents or
trustees in respect of the expenses recoverable under that Act).
(4)
Regulations under subsection (3) applying all or any of section 289 of that Act
may include adaptations and modifications for the purpose of giving the
30
owner of land to which such a notice relates the right, as against all other
persons interested in the land, to comply with the requirements of the notice.
(5)
Regulations under subsection (3) may also provide for the charging on the land
on which the development is carried out of any expenses recoverable by a local
planning authority under subsection (1).
35
(6)
A person commits an offence if the person wilfully obstructs a person acting in
the exercise of powers under subsection (1).
(7)
A person guilty of an offence under subsection (6) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
Injunctions
40
144
Injunctions
(1)
A local planning authority may apply to the court for an injunction if it
considers it necessary or expedient for any actual or apprehended prohibited
activity to be restrained by injunction.

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Part 9 — Changes to existing planning regimes
Chapter 1 — Changes related to development consent regime
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(2)
Prohibited activity means activity that constitutes an offence under section 133
or 134.
(3)
On an application under this section the court may grant such an injunction as
the court thinks fit for the purpose of restraining the prohibited activity.
(4)
In this section “the court” means the High Court or a county court.
5
Isles of Scilly
145
Isles of Scilly
(1)
The Secretary of State may by order provide for the exercise by the Council of
the Isles of Scilly of any functions exercisable by a local planning authority
under any provision of this Part.
10
(2)
Before making an order under this section the Secretary of State must consult
the Council of the Isles of Scilly.
Part 9
Changes to existing planning regimes
Chapter 1
15
Changes related to development consent regime
Planning obligations
146
Planning obligations
(1)
TCPA 1990 is amended as follows.
(2)
In section 106 (planning obligations)—
20
(a)
after subsection (1) insert—
“(1A)
In the case of a development consent obligation, the reference to
development in subsection (1)(a) includes anything that
constitutes development for the purposes of the Planning Act
2008.”;
25
(b)
in subsection (9) after paragraph (a) insert—
“(aa)
if the obligation is a development consent obligation,
contains a statement to that effect;”;
(c)
after subsection (13) insert—
“(14)
In this section and section 106A “development consent
30
obligation” means a planning obligation entered into in
connection with an application (or a proposed application) for
an order granting development consent.”
(3)
In section 106A(11) (modification and discharge of planning obligations:
meaning of “the appropriate authority”) after paragraph (a) insert—
35
“(aa)
the Secretary of State, in the case of any development consent
obligation where the application in connection with which the

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Part 9 — Changes to existing planning regimes
Chapter 1 — Changes related to development consent regime
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obligation was entered into was (or is to be) decided by the
Secretary of State;
(ab)
the Infrastructure Planning Commission, in the case of any
other development consent obligation;”.
(4)
In section 106B(1) (appeals) after “an authority” insert “(other than the
5
Secretary of State or the Infrastructure Planning Commission)”.
(5)
After section 106B insert—
“106C
Legal challenges relating to development consent obligations
(1)
A court may entertain proceedings for questioning a failure by the
Secretary of State or the Infrastructure Planning Commission to give
10
notice as mentioned in section 106A(7) only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning
with the day on which the period prescribed under section
106A(7) ends.
15
(2)
A court may entertain proceedings for questioning a determination by
the Secretary of State or the Infrastructure Planning Commission that a
planning obligation shall continue to have effect without modification
only if—
(a)
the proceedings are brought by a claim for judicial review, and
20
(b)
the claim form is filed during the period of 6 weeks beginning
with the day on which notice of the determination is given
under section 106A(7).”
Blighted land
147
Blighted land: England and Wales
25
(1)
TCPA 1990 is amended as follows.
(2)
In Schedule 13 (blighted land) after paragraph 23 insert—
“24
Land falls within this paragraph if—
(a)
the compulsory acquisition of the land is authorised by an
order granting development consent, or
30
(b)
the land falls within the limits of deviation within which
powers of compulsory acquisition conferred by an order
granting development consent are exercisable, or
(c)
an application for an order granting development consent
seeks authority to compulsorily acquire the land.
35
Land identified in national policy statements
25
Land falls within this paragraph if the land is in a location identified
in a national policy statement as suitable (or potentially suitable) for
a specified description of development.
Note
40

Land ceases to fall within this paragraph when the national policy
statement—

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Part 9 — Changes to existing planning regimes
Chapter 1 — Changes related to development consent regime
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(a)
ceases to have effect, or
(b)
ceases to identify the land as suitable or potentially suitable
for that description of development.”
(3)
In section 150(1)(b) (notices requiring purchase of blighted land)—
(a)
for “21 or” insert “21,”,
5
(b)
after “notes)” insert “or paragraph 24”, and
(c)
after “Schedule 13 and” insert “(except in the case of land falling within
paragraph 24(c) of that Schedule)”.
(4)
After section 165 (power of Secretary of State to acquire land affected by orders
relating to new towns etc. where blight notice served) insert—
10
“165A
Power of Secretary of State to acquire land identified in national
  policy statements where blight notice served
Where a blight notice has been served in respect of land falling within
paragraph 25 of Schedule 13, the Secretary of State has power to acquire
compulsorily any interest in the land in pursuance of the blight notice
15
served by virtue of that paragraph.”
(5)
In section 169 (meaning of “the appropriate authority” for purposes of Chapter
2 of Part 6) after subsection (5) insert—
“(6)
In relation to land falling within paragraph 25 of Schedule 13, “the
appropriate authority” is the Secretary of State.”
20
(6)
In section 170 (“appropriate enactment” for purposes of Chapter 2) after
subsection (8) insert—
“(8A)
In relation to land falling within paragraph 24(a) or (b) of that Schedule,
“the appropriate enactment” is the enactment which, by virtue of the
order granting development consent, provides or is treated as
25
providing for the compulsory acquisition of the land.
(8B)
In relation to land falling within paragraph 24(c) of that Schedule, “the
appropriate enactment” is the enactment which, if the order applied for
were made, would provide or be treated as providing for the
compulsory acquisition of the land.
30
(8C)
In relation to land falling within paragraph 25 of that Schedule, “the
appropriate enactment” is section 165A.”
(7)
In section 171(1) (general interpretation of Chapter 2 of Part 6) at the
appropriate place insert—
““national policy statement” has the meaning given by section 5(2)
35
of the Planning Act 2008;”.
148
Blighted land: Scotland
(1)
The Town and Country Planning (Scotland) Act 1997 (c. 8) is amended as
follows.
(2)
In Schedule 14 (blighted land) after paragraph 16 insert—
40
“17   (1)
This paragraph applies to land which relates to the construction of an
oil or gas cross-country pipe-line—
(a)
one end of which is in England or Wales, and

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(b)
the other end of which is in Scotland,

where one of the following conditions is met.
      (2)
The conditions are—
(a)
the compulsory acquisition of the land is authorised by an
order granting development consent under the Planning Act
5
2008,
(b)
the land falls within the limits of deviation within which
powers of compulsory acquisition conferred by such an order
are exercisable,
(c)
an application for such an order seeks authority to
10
compulsorily acquire the land.
Land identified in national policy statements so far as relating to certain pipe-lines
18
This paragraph applies to land which is in a location identified in a
national policy statement as suitable (or potentially suitable) for the
construction of an oil or gas cross-country pipe-line—
15
(a)
one end of which is in England or Wales, and
(b)
the other end of which is in Scotland.
Note

Land ceases to be within this paragraph when the national policy
statement—
20
(a)
ceases to have effect, or
(b)
ceases to identify the land as suitable or potentially suitable
for the construction of such a pipe-line.”
(3)
In section 100 (scope of Chapter 2 of Part 5) after subsection (5) insert—
“(5A)
In the application of subsections (3)(a) and (4) in relation to land to
25
which paragraph 17 or 18 of Schedule 14 applies, references to the
Scottish Ministers are to be read as references to the Secretary of State.”
(4)
In section 120 (meaning of “the appropriate authority” for purposes of Chapter
2 of Part 5) after subsection (4) insert—
“(5)
In relation to land falling within paragraph 18 of Schedule 14, “the
30
appropriate authority” is the Secretary of State.”
(5)
In section 122 (general interpretation of Chapter 2 of Part 5)—
(a)
after the definition of “crofter” insert—
““cross-country pipe-line” has the meaning given by
section 66 of the Pipe-lines Act 1962 (c. 58);”, and
35
(b)
after the definition of “hereditament” insert—
““national policy statement” has the meaning given by
section 5(2) of the Planning Act 2008;”.

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Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
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Chapter 2
Other changes to existing planning regimes
Regional functions
149
Delegation of functions of regional planning bodies
(1)
In Part 1 of PCPA 2004 (regional functions) after section 4 insert—
5
“4A
Delegation of RPB functions to regional development agencies
(1)
The RPB may make arrangements with the regional development
agency for its region for the exercise by the agency on behalf of the RPB
of any of the RPB’s functions.
(2)
Subsection (3) applies if, by virtue of section 2(7), the Secretary of State
10
has power to exercise any functions of the RPB.
(3)
The Secretary of State may make arrangements with the regional
development agency for the region of the RPB for the exercise by the
agency on behalf of the Secretary of State of any of the RPB’s functions.
(4)
Subsection (5) applies if, by virtue of section 10(3), the Secretary of State
15
has power to prepare a draft revision of the RSS because of a failure to
comply by the RPB.
(5)
The Secretary of State may make arrangements with the regional
development agency for the region of the RPB for the exercise by the
agency on behalf of the Secretary of State of the Secretary of State’s
20
function under section 10(3).
(6)
Arrangements under this section—
(a)
may be made only if the regional development agency agrees to
the making of the arrangements and their terms;
(b)
may be varied only if the regional development agency agrees
25
to the variation and the terms of the variation.
(7)
Arrangements under subsection (1) may be brought to an end at any
time by the RPB.
(8)
Arrangements under subsection (3) or (5) may be brought to an end at
any time by the Secretary of State.
30
(9)
A regional development agency which, by virtue of arrangements
under this section, has power, or is required, to exercise a function of
the RPB, may do anything which is calculated to facilitate, or is
conducive or incidental to, the exercise of the function.
(10)
Arrangements under subsection (1) for the exercise of a function by a
35
regional development agency do not prevent the RPB from exercising
the function.
(11)
Arrangements under subsection (3) or (5) for the exercise of a function
by a regional development agency do not prevent the Secretary of State
from exercising the function.
40

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Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
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(12)
“Regional development agency” means a development agency
established under section 1 of the Regional Development Agencies Act
1998.”’.
(2)
The Regional Development Agencies Act 1998 (c. 45) is amended as follows.
(3)
In section 8 (regional consultation) after subsection (2) insert—
5
“(2A)
The reference in subsection (2)(b) to the functions of a regional
development agency does not include any function conferred by
arrangements under section 4A of the Planning and Compulsory
Purchase Act 2004 (delegation of functions of regional planning bodies
to regional development agencies).”
10
(4)
In section 11 (borrowing) after subsection (4) insert—
“(4A)
The references in subsections (2) and (4) to the functions of a regional
development agency do not include any function conferred by
arrangements under section 4A of the Planning and Compulsory
Purchase Act 2004 (delegation of functions of regional planning bodies
15
to regional development agencies).”
(5)
In section 18 (regional accountability) after subsection (1) insert—
“(1A)
The reference in subsection (1)(c) to the functions of a regional
development agency does not include any function conferred by
arrangements under section 4A of the Planning and Compulsory
20
Purchase Act 2004 (delegation of functions of regional planning bodies
to regional development agencies).”
(6)
In paragraph 7 of Schedule 2 (delegation of functions by regional development
agencies) after sub-paragraph (1) insert—
   “(1A)
The reference in sub-paragraph (1) to anything authorised or
25
required to be done under an enactment includes a reference to
anything authorised or required to be done under arrangements
made under an enactment.”
Local development
150
Local development documents
30
(1)
PCPA 2004 is amended as follows.
(2)
In section 15(2) (matters which must be specified in local development
scheme)—
(a)
omit paragraph (a);
(b)
before paragraph (b) insert—
35
“(aa)
the local development documents which are to be
development plan documents;”;
(c)
in paragraph (b) for “document” substitute “development plan
document”;
(d)
omit paragraph (c);
40
(e)
in paragraphs (d) and (f) for “documents” substitute “development
plan documents”.
(3)
In section 17 (local development documents)—