Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
86

(a)
prescribing descriptions of applications which must, and
descriptions of applications which must not, be specified under
this section;
(b)
prescribing descriptions of officers who are permitted, and
descriptions of officers who are not permitted, to be authorised
5
to determine applications by arrangements made pursuant to
subsection (1)(b);
(c)
prohibiting prescribed descriptions of officers from being
authorised by such arrangements to determine applications of a
prescribed description;
10
(d)
imposing consultation and publication requirements.
(6)
Section 101(4) of the Local Government Act 1972 does not apply in
relation to arrangements made by a local planning authority pursuant
to subsection (1)(b) of this section; but such arrangements do not
prevent the authority, or a committee or sub-committee of the
15
authority, from determining an application in relation to which the
arrangements have effect.
(7)
This section does not affect the power of a local planning authority in
England to make arrangements under section 101 of the Local
Government Act 1972 for the determination of applications for
20
certificates under sections 191 and 192 of this Act which are not of a
description specified by the authority under this section.
193B
Determination of applications: supplementary provision
(1)
The Secretary of State may by regulations make provision about the
determination of an application for a certificate under section 191 or
25
192—
(a)
by an officer of a local planning authority acting under
arrangements made pursuant to section 193A(1)(b),
(b)
by a local planning authority, or a committee or sub-committee
of such an authority, acting by virtue of section 193A(6).
30
(2)
The regulations may in particular—
(a)
disapply or modify any provision of, or made under, sections
191 to 193 in relation to such an application;
(b)
impose requirements on the officer, authority, committee or
sub-committee determining such an application.
35
193C
Review of officer’s decision
(1)
This section applies in relation to an application for a certificate under
section 191 or 192 if an officer of a local planning authority acting under
arrangements made pursuant to section 193A(1)(b) refuses the
application, or refuses it in part.
40
(2)
The local planning authority must review the case if—
(a)
the applicant asks them to do so, and
(b)
the applicant’s request is made in the prescribed form and
before the end of the prescribed period.
(3)
The Secretary of State may by regulations make provision about
45
reviews under this section.
(4)
The regulations may in particular include provision—

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
87

(a)
about the procedure to be followed on a review;
(b)
about the circumstances in which oral representations may be
made on a review;
(c)
about the documents to be submitted as part of a review;
(d)
about the matters that may be raised on a review;
5
(e)
prescribing a period within which the local planning authority
is to complete the review;
(f)
requiring notice in the prescribed form to be given of the
decision on a review.
(5)
Subsections (6) and (7) apply where a local planning authority has
10
reviewed a case under this section.
(6)
If and so far as the local planning authority is satisfied that the officer’s
refusal is well-founded, the authority must uphold the decision under
review.
(7)
If and so far as the local planning authority is satisfied that the officer’s
15
refusal is not well-founded, the authority must—
(a)
grant the applicant a certificate under section 191 or, as the case
may be, 192, or
(b)
in the case of a refusal in part, modify the certificate granted by
the officer.
20
(8)
A local planning authority must not arrange for the discharge of their
functions under this section by an officer of the authority.
(9)
Section 195(4) applies for the purposes of this section as it applies for
the purposes of that section.
193D
Determination following failure to give notice of decision
25
(1)
This section applies in relation to an application for a certificate under
section 191 or 192 if—
(a)
arrangements made pursuant to section 193A(1)(b) provide for
the application to be determined by an officer of a local
planning authority, and
30
(b)
there has been no decision by the authority, or by a committee
or sub-committee of the authority, to determine the application
themselves (by virtue of section 193A(6)).
(2)
It applies if the local planning authority have not given notice to the
applicant of their decision on the application—
35
(a)
within such period as may be prescribed by a development
order, or
(b)
within such extended period as may at any time be agreed upon
in writing between the applicant and the authority.
(3)
The local planning authority must determine the application if—
40
(a)
the applicant asks them to do so, and
(b)
the applicant’s request is made in the prescribed form and
before the end of the prescribed period.
(4)
The Secretary of State may by regulations make provision about the
determination of an application by a local planning authority acting
45
under this section.

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
88

(5)
The regulations may in particular—
(a)
disapply or modify any provision of, or made under, sections
191 to 193 in relation to such an application;
(b)
impose requirements on the local planning authority
determining such an application.
5
(6)
A local planning authority must not arrange for the discharge of their
functions under this section by an officer of the authority.”
(3)
In section 195 (appeals to the Secretary of State against decisions under sections
191 and 192 and failure to take such decisions)—
(a)
after subsection (1) insert—
10
“(1A)
Subsection (1) is subject to section 195A.”,
(b)
in subsection (2) for “such appeal” substitute “appeal under subsection
(1)”, and
(c)
in subsection (4) after “this section” insert “and section 195A”.
(4)
After section 195 insert—
15
“195A
Restrictions on right of appeal under section 195
(1)
This section applies in relation to an application for a certificate under
section 191 or 192 if arrangements made pursuant to section 193A(1)(b)
provide for the application to be determined by an officer of a local
planning authority.
20
(2)
An appeal may be brought under section 195(1)(a) against the refusal,
or refusal in part, of the application only if—
(a)
the local planning authority—
(i)
have been required under section 193C to review the
case, and
25
(ii)
have failed to complete their review by the end of the
period prescribed by regulations made by virtue of
section 193C(4)(e), or
(b)
the local planning authority have been required under section
193D to determine the application.
30
(3)
An appeal may be brought under section 195(1)(b) in relation to the
application only if—
(a)
the local planning authority, or a committee or sub-committee
of the authority, have decided to determine the application
themselves (by virtue of section 193A(6)), or
35
(b)
the authority have been required under section 193D to
determine the application.”
157
Validity of decisions made on reviews
(1)
TCPA 1990 is amended as follows.
(2)
In section 284(1) (validity of certain plans, orders, decisions and directions)
40
before paragraph (b) insert—
“(aa)
a decision on a review under section 75C or 193C; or”.

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
89

(3)
After section 286 insert—
“286A
Proceedings for questioning validity of decisions made on reviews
under ss 75C and 193C
(1)
A person aggrieved by a decision on a review under section 75C or
193C may make an application to the High Court on the ground—
5
(a)
that the decision is not within the power conferred by the
section under which the review was carried out, or
(b)
that any requirements of this Act, or of any order, regulations or
rules made under this Act, which are applicable to the decision
have not been complied with.
10
(2)
An application under this section must be made to the High Court
within 6 weeks from the date on which the decision on the review is
taken.
(3)
The High Court may make an interim order suspending the operation
of the decision until the final determination of the proceedings.
15
(4)
The High Court may quash the decision on the review if satisfied—
(a)
that the decision is not within the power conferred by the
section under which the review was carried out, or
(b)
that the interests of the applicant have been substantially
prejudiced by a failure to comply in relation to the decision with
20
any of the requirements mentioned in subsection (1)(b) of this
section.”
158
Determination of listed building applications by officers
(1)
The Listed Buildings Act is amended as follows.
(2)
After section 19 insert—
25
“Determination of applications by officers
19A
Determination of listed building applications by officers
(1)
A local planning authority in England must—
(a)
specify the descriptions of listed building applications which,
following determination by an officer of the authority, are to be
30
reviewable by the authority under section 19C, and
(b)
make arrangements under section 101 of the Local Government
Act 1972 for listed building applications of the descriptions so
specified to be determined by officers of the authority.
(2)
A local planning authority in England must comply with subsection (1)
35
before the end of the prescribed period.
(3)
A local planning authority may at any time vary the descriptions of
listed building applications specified by them under this section.
(4)
The Secretary of State may by regulations make provision about—
(a)
the specification of descriptions of listed building applications
40
under this section, and
(b)
the making of arrangements pursuant to subsection (1)(b) and
the content of such arrangements.

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
90

(5)
The regulations may in particular include provision—
(a)
prescribing descriptions of listed building application which
must, and descriptions of listed building application which
must not, be specified under this section;
(b)
prescribing descriptions of officers who are permitted, and
5
descriptions of officers who are not permitted, to be authorised
to determine listed building applications by arrangements
made pursuant to subsection (1)(b);
(c)
prohibiting prescribed descriptions of officers from being
authorised by such arrangements to determine listed building
10
applications of a prescribed description;
(d)
imposing consultation and publication requirements.
(6)
Section 101(4) of the Local Government Act 1972 does not apply in
relation to arrangements made by a local planning authority pursuant
to subsection (1)(b) of this section; but such arrangements do not
15
prevent the authority, or a committee or sub-committee of the
authority, from determining a listed building application in relation to
which the arrangements have effect.
(7)
This section does not affect the power of a local planning authority in
England to make arrangements under section 101 of the Local
20
Government Act 1972 for the determination of listed building
applications which are not of a description specified by the authority
under this section.
(8)
For the purposes of this section, sections 19B to 19D and section 20ZA
a “listed building application” is—
25
(a)
an application for listed building consent;
(b)
an application for the variation or discharge of conditions
subject to which listed building consent to which subsection (9)
applies has been granted;
(c)
an application for the approval of a local planning authority
30
required by a condition imposed on the granting of listed
building consent to which subsection (9) applies.
(9)
This subsection applies to listed building consent granted—
(a)
by an officer of a local planning authority acting under
arrangements made pursuant to subsection (1)(b), or
35
(b)
by a local planning authority acting under section 19C or 19D.
19B
Determination of applications: supplementary provision
(1)
The Secretary of State may by regulations make provision about the
determination of a listed building application—
(a)
by an officer of a local planning authority acting under
40
arrangements made pursuant to section 19A(1)(b),
(b)
by a local planning authority, or a committee or sub-committee
of such an authority, acting by virtue of section 19A(6).
(2)
The regulations may in particular—
(a)
disapply or modify any provision of, or made under, this
45
Chapter in relation to such an application;
(b)
impose requirements on the officer, authority, committee or
sub-committee determining such an application.