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
91

19C
Review of officer’s decision
(1)
This section applies in relation to a listed building application if an
officer of a local planning authority acting under arrangements made
pursuant to section 19A(1)(b)—
(a)
refuses the application or grants the consent or approval to
5
which the application relates subject to conditions, or
(b)
in the case of an application for the variation or discharge of
conditions subject to which listed building consent has been
granted, grants the application and adds new conditions.
(2)
The local planning authority must review the case if—
10
(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
reviews under this section.
15
(4)
The regulations may in particular include provision—
(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;
20
(d)
about the matters that may be raised on a review;
(e)
requiring a local planning authority reviewing a case to have
special regard to the matters specified in section 16(2);
(f)
prescribing a period within which the local planning authority
is to complete the review;
25
(g)
requiring notice in the prescribed form to be given of the
decision on a review.
(5)
On a review under this section a local planning authority may—
(a)
uphold the decision under review, or
(b)
reverse or vary any part of the officer’s decision.
30
(6)
A local planning authority must not arrange for the discharge of their
functions under this section by an officer of the authority.
19D
Determination following failure to give notice of decision
(1)
This section applies in relation to a listed building application if—
(a)
arrangements made pursuant to section 19A(1)(b) provide for
35
the application to be determined by an officer of a local
planning authority, and
(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 19A(6)).
40
(2)
It applies if the local planning authority have not complied with
subsection (3)—
(a)
within the relevant period (within the meaning of section 20)
from the date of the receipt of the application, or
(b)
within such extended period as may at any time be agreed upon
45
in writing between the applicant and the authority.

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
92

(3)
The local planning authority complies with this subsection by giving
notice to the applicant—
(a)
of their decision on the application,
(b)
that the authority have exercised their power under section 81A
or 81B to decline to determine the application, or
5
(c)
in the case of such an application as is mentioned in section
19A(8)(a) or (b), that the application has been referred to the
Secretary of State in accordance with directions given under
section 12.
(4)
The local planning authority must determine the application if—
10
(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.
(5)
The Secretary of State may by regulations make provision about the
determination of an application by a local planning authority acting
15
under this section.
(6)
The regulations may in particular—
(a)
disapply or modify any provision of, or made under, this
Chapter in relation to such an application;
(b)
impose requirements on the local planning authority
20
determining such an application.
(7)
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 20 (right to appeal to Secretary of State against decision or failure to
take decision) after subsection (4) insert—
25
“(5)
This section is subject to section 20ZA.”
(4)
After section 20 insert—
“20ZA
Restrictions on right of appeal under section 20
(1)
This section applies in relation to a listed building application if
arrangements made pursuant to section 19A(1)(b) provide for the
30
application to be determined by an officer of a local planning authority.
(2)
An appeal may be brought under section 20(1) against the refusal, grant
subject to conditions or grant with the addition of new conditions, of
the listed building application only if—
(a)
the local planning authority—
35
(i)
have been required under section 19C to review the
case, and
(ii)
have failed to complete their review by the end of the
period prescribed by regulations made by virtue of
section 19C(4)(f), or
40
(b)
the local planning authority have been required under section
19D to determine the application.
(3)
An appeal may be brought under section 20(2) in relation to the listed
building application only if—

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
93

(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 19A(6)), or
(b)
the authority have been required under section 19D to
determine the application.”
5
(5)
In section 62(1) (validity of certain orders and decisions) before paragraph (a)
insert—
“(za)
a decision on a review under section 19C; or”.
(6)
In section 63(2) (power of authority directly concerned with order or decision
to apply to High Court) after “or decision” insert “(other than a decision on a
10
review under section 19C)”.
159
Power to decline to determine subsequent application
(1)
In section 70A of TCPA 1990 (power of local planning authority to decline to
determine subsequent application) at the end of subsection (4)(b) insert “or, if
there has been such an appeal, it has been withdrawn or abandoned”.
15
(2)
In section 81A of the Listed Buildings Act (power of local planning authority
to decline to determine subsequent application) at the end of subsection (4)(b)
insert “or, if there has been such an appeal, it has been withdrawn or
abandoned”.
Planning permission
20
160
Local development orders: removal of requirement to implement policies
(1)
Section 61A of TCPA 1990 (local development orders) is amended as set out in
subsections (2) and (3).
(2)
Omit subsection (1) (requirement to implement policies).
(3)
In subsection (2) for “A local development order may” substitute “A local
25
planning authority may by order (a local development order)”.
(4)
In paragraph 2 of Schedule 4A to TCPA 1990 (revision of local development
orders) omit sub-paragraphs (4) and (5).
161
Removal of right to compensation where notice given of withdrawal of
planning permission
30
In section 108 of TCPA 1990 (compensation for refusal or conditional grant of
planning permission formerly granted by development order or local
development order) after subsection (3A) insert—
“(3B)
This section does not apply if—
(a)
planning permission granted by a development order or a local
35
development order for development in England is
withdrawn—
(i)
by the revocation or amendment of the order, or
(ii)
by the issue of directions under powers conferred by the
order, and
40

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
94

(b)
notice of the proposal to revoke or amend the order, or to issue
the directions, was published in the prescribed manner not less
than 12 months before the revocation, amendment or directions
took effect.”
162
Power to make non-material changes to planning permission
5
(1)
TCPA 1990 is amended as follows.
(2)
After section 96 insert—
“Non-material changes to planning permission
96A
Power to make non-material changes to planning permission
(1)
A local planning authority in England may make a change to any
10
planning permission relating to land in their area if they are satisfied
that the change is not material.
(2)
In deciding whether a change is material, a local planning authority
must have regard to the effect of the change, together with any previous
changes made under this section, on the planning permission as
15
originally granted.
(3)
The power conferred by subsection (1) includes power—
(a)
to impose new conditions;
(b)
to remove or alter existing conditions.
(4)
The power conferred by subsection (1) may be exercised only on an
20
application made by or on behalf of a person with an interest in the land
to which the planning permission relates.
(5)
An application under subsection (4) must be made in the form and
manner prescribed by development order.
(6)
A local planning authority must comply with such requirements as
25
may be prescribed by development order as to consultation and
publicity in relation to the exercise of the power conferred by
subsection (1).”
(3)
In section 5(3) (purposes for which Broads Authority is the sole local district
planning authority) for “97” substitute “96A”.
30
(4)
In section 69(1) (register of applications etc)—
(a)
after paragraph (a) insert—
“(aa)
applications for non-material changes to planning
permission under section 96A;”,
(b)
in subsection (2)(a) after “(1)(a)” insert “and (aa)”, and
35
(c)
in subsection (4) after “(1)(a)” insert “, (aa)”.
(5)
In section 286(1) (challenges to validity on ground of authority’s powers) after
paragraph (a) insert—
“(aa)
an application for non-material changes to planning permission
under section 96A;”.
40
(6)
In Schedule 1 (local planning authorities: distribution of functions), in

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
95

paragraph 3(1), after paragraph (a) insert—
“(aa)
applications for non-material changes to planning permission
under section 96A;”.
Validity of planning decisions
163
Validity of orders, decisions and directions
5
(1)
Section 284(3) of TCPA 1990 (validity of certain actions on the part of the
Secretary of State) is amended as follows.
(2)
Before paragraph (a) insert—
“(za)
any decision on an application referred to the Secretary of State
under section 76A;”.
10
(3)
In paragraph (a) for “for planning permission referred to him” substitute
“referred to the Secretary of State”.
Trees
164
Tree preservation orders
(1)
Chapter 1 of Part 8 of TCPA 1990 (special controls: trees) is amended as follows.
15
(2)
In section 198 (power to make tree preservation orders) omit—
(a)
subsections (3) and (4) (provision that may be made by tree
preservation orders),
(b)
subsection (6) (matters to which tree preservation orders do not apply),
and
20
(c)
subsections (8) and (9) (power to make provision about application for
consent under tree preservation order).
(3)
Omit section 199 (form of and procedure applicable to tree preservation
orders).
(4)
Omit section 201 (provisional tree preservation orders).
25
(5)
In section 202 (power for Secretary of State or Welsh Ministers to make tree
preservation orders), omit subsection (3) (procedure applicable to orders made
by Secretary of State or Welsh Ministers).
(6)
Omit sections 203 to 205 (compensation in connection with tree preservation
orders).
30
(7)
After section 202 insert—
“202A
Tree preservation regulations: general
(1)
The appropriate national authority may by regulations make provision
in connection with tree preservation orders.
(2)
Sections 202B to 202G make further provision about what may, in
35
particular, be contained in regulations under subsection (1).
(3)
In this section and those sections “tree preservation order” includes an
order under section 202(1).

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
96

(4)
In this Act “tree preservation regulations” means regulations under
subsection (1).
(5)
In subsection (1) “the appropriate national authority”—
(a)
in relation to England means the Secretary of State, and
(b)
in relation to Wales means the Welsh Ministers.
5
(6)
Section 333(3) does not apply in relation to tree preservation
regulations made by the Welsh Ministers.
(7)
Tree preservation regulations made by the Welsh Ministers are subject
to annulment in pursuance of a resolution of the National Assembly for
Wales.
10
202B
Tree preservation regulations: making of tree preservation orders
(1)
Tree preservation regulations may make provision about—
(a)
the form of tree preservation orders;
(b)
the procedure to be followed in connection with the making of
tree preservation orders;
15
(c)
when a tree preservation order takes effect.
(2)
If tree preservation regulations make provision for tree preservation
orders not to take effect until confirmed, tree preservation regulations
may—
(a)
make provision for tree preservation orders to take effect
20
provisionally until confirmed;
(b)
make provision about who is to confirm a tree preservation
order;
(c)
make provision about the procedure to be followed in
connection with confirmation of tree preservation orders.
25
202C
Tree preservation regulations: prohibited activities
(1)
Tree preservation regulations may make provision for prohibiting all
or any of the following—
(a)
cutting down of trees;
(b)
topping of trees;
30
(c)
lopping of trees;
(d)
uprooting of trees;
(e)
wilful damage of trees;
(f)
wilful destruction of trees.
(2)
A prohibition imposed on a person may (in particular) relate to things
35
whose doing the person causes or permits (as well as to things the
person does).
(3)
A prohibition may be imposed subject to exceptions.
(4)
In particular, provision may be made for a prohibition not to apply to
things done with consent.
40
(5)
In this section “tree” means a tree in respect of which a tree preservation
order is in force.