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
97

202D
Tree preservation regulations: consent for prohibited activities
(1)
This section applies if tree preservation regulations make provision
under section 202C(4).
(2)
Tree preservation regulations may make provision—
(a)
about who may give consent;
5
(b)
for the giving of consent subject to conditions;
(c)
about the procedure to be followed in connection with
obtaining consent.
(3)
The conditions for which provision may be made under subsection
(2)(b) include—
10
(a)
conditions as to planting of trees;
(b)
conditions requiring approvals to be obtained from the person
giving the consent.
(4)
The conditions mentioned in subsection (3)(a) include—
(a)
conditions requiring trees to be planted;
15
(b)
conditions about the planting of any trees required to be
planted by conditions within paragraph (a), including
conditions about how, where or when planting is to be done;
(c)
conditions requiring things to be done, or installed, for the
protection of any trees planted in pursuance of conditions
20
within paragraph (a).
(5)
The provision that may be made under subsection (2)(c) includes
provision about applications for consent, including provision as to—
(a)
the form or manner in which an application is to be made;
(b)
what is to be in, or is to accompany, an application.
25
(6)
Tree preservation regulations may make provision for appeals—
(a)
against refusal of consent;
(b)
where there is a failure to decide an application for consent;
(c)
against conditions subject to which consent is given;
(d)
against refusal of an approval required by a condition;
30
(e)
where there is a failure to decide an application for such an
approval.
(7)
Tree preservation regulations may make provision in connection with
appeals under provision made under subsection (6), including—
(a)
provision imposing time limits;
35
(b)
provision for further appeals;
(c)
provision in connection with the procedure to be followed on an
appeal (or further appeal);
(d)
provision about who is to decide an appeal (or further appeal);
(e)
provision imposing duties, or conferring powers, on a person
40
deciding an appeal (or further appeal).
202E
Tree preservation regulations: compensation
(1)
Tree preservation regulations may make provision for the payment of
compensation—
(a)
where any consent required under tree preservation regulations
45
is refused;

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
98

(b)
where any such consent is given subject to conditions;
(c)
where any approval required under such a condition is refused.
(2)
Tree preservation regulations may provide for entitlement conferred
under subsection (1) to apply only in, or to apply except in, cases
specified in tree preservation regulations.
5
(3)
Tree preservation regulations may provide for entitlement conferred
by provision under subsection (1) to be subject to conditions, including
conditions as to time limits.
(4)
Tree preservation regulations may, in relation to compensation under
provision under subsection (1), make provision about—
10
(a)
who is to pay the compensation;
(b)
who is entitled to the compensation;
(c)
what the compensation is to be paid in respect of;
(d)
the amount, or calculation of, the compensation.
(5)
Tree preservation regulations may make provision about the procedure
15
to be followed in connection with claiming any entitlement conferred
by provision under subsection (1).
(6)
Tree preservation regulations may make provision for the
determination of disputes about entitlement conferred by provision
under subsection (1), including provision for and in connection with
20
the referral of any such disputes to, and their determination by, the
Lands Tribunal, the First-tier Tribunal or the Upper Tribunal.
202F
Tree preservation regulations: registers
Tree preservation regulations may make provision for the keeping of,
and public access to, registers containing information related to tree
25
preservation orders.
202G
Tree preservation regulations: supplementary
(1)
Tree preservation regulations may provide for the application (with or
without modifications) of, or make provision comparable to, any
provision contained in the planning Acts.
30
(2)
Tree preservation regulations may make provision comparable to—
(a)
any provision made by the Town and Country Planning (Tree
Preservation Order) Regulations 1969 or the Town and Country
Planning (Trees) Regulations 1999;
(b)
any provision that could have been made under section 199(2)
35
and (3).
(3)
Tree preservation regulations may contain incidental, supplementary,
consequential, transitional and transitory provision and savings.”
(8)
Schedule 3 makes further amendments in connection with tree preservation
orders.
40
165
Existing tree preservation orders: transitional provision
(1)
This section applies to a tree preservation order made before the appointed
day.

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
99

(2)
With effect from the beginning of the appointed day, a tree preservation order
to which this section applies shall have effect with the omission of all of its
provisions other than any that have effect for the purpose of identifying the
order or for the purpose of identifying the trees, groups of trees or woodlands
in respect of which the order—
5
(a)
is in force, or
(b)
may at any later time be in force.
(3)
In this section—
“the appointed day”—
(a)
in relation to England means the day on which subsection (1)
10
comes fully into force in relation to England, and
(b)
in relation to Wales means the day on which subsection (1)
comes fully into force in relation to Wales;
“tree preservation order” means an order made under, or an order having
effect as if made under, section 198(1) of TCPA 1990.
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Use of land
166
Use of land: power to override easements and other rights
Schedule 4 (use of land: power to override easements and other rights when
use is in accordance with planning permission) has effect.
Statutory undertakers
20
167
Applications and appeals by statutory undertakers
In section 266 of TCPA 1990 (applications for planning permission by statutory
undertakers), after subsection (1) insert—
“(1A)
Subsection (1) has effect in relation to an application or appeal relating
to land in England only if the Secretary of State or the appropriate
25
Minister has given a direction for it to have effect in relation to the
application or appeal (and the direction has not been revoked).”
Determination of procedure
168
Determination of procedure for certain proceedings
(1)
After section 319 of TCPA 1990 insert—
30
“Determination of procedure
319A
Determination of procedure for certain proceedings
(1)
The Secretary of State must make a determination as to the procedure
by which proceedings to which this section applies are to be
considered.
35
(2)
A determination under subsection (1) must provide for the proceedings
to be considered in whichever of the following ways appears to the
Secretary of State to be most appropriate—

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
100

(a)
at a local inquiry;
(b)
at a hearing;
(c)
on the basis of representations in writing.
(3)
The Secretary of State must make a determination under subsection (1)
in respect of proceedings to which this section applies before the end of
5
the prescribed period.
(4)
A determination under subsection (1) may be varied by a subsequent
determination under that subsection at any time before the proceedings
are determined.
(5)
The Secretary of State must noti fy the appellant or applicant (as the case
10
may be) and the local planning authority of any determination made
under subsection (1).
(6)
The Secretary of State must publish the criteria that are to be applied in
making determinations under subsection (1).
(7)
This section applies to—
15
(a)
an application referred to the Secretary of State under section 77
instead of being dealt with by a local planning authority in
England;
(b)
an appeal under section 78 against a decision of a local planning
authority in England;
20
(c)
an appeal under section 174 against an enforcement notice
issued by a local planning authority in England;
(d)
an appeal under section 195 against a decision of a local
planning authority in England; and
(e)
an appeal under section 208 against a notice under section
25
207(1) issued by a local planning authority in England.
(8)
But this section does not apply to proceedings if they are referred to a
Planning Inquiry Commission under section 101; and on proceedings
being so referred, any determination made in relation to the
proceedings under subsection (1) of this section ceases to have effect.
30
(9)
The Secretary of State may by order amend subsection (7) to—
(a)
add proceedings to, or remove proceedings from, the list of
proceedings to which this section applies, or
(b)
otherwise modify the descriptions of proceedings to which this
section applies.
35
(10)
An order under subsection (9) may—
(a)
contain incidental, supplementary, consequential, transitional
and transitory provision and savings;
(b)
amend, repeal or revoke any provision made by or under this
Act or by or under any other Act.”
40
(2)
After section 88C of the Listed Buildings Act insert—
“88D
Determination of procedure for certain proceedings
(1)
The Secretary of State must make a determination as to the procedure
by which proceedings to which this section applies are to be
considered.
45

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
101

(2)
A determination under subsection (1) must provide for the proceedings
to be considered in whichever of the following ways appears to the
Secretary of State to be most appropriate—
(a)
at a local inquiry;
(b)
at a hearing;
5
(c)
on the basis of representations in writing.
(3)
The Secretary of State must make a determination under subsection (1)
in respect of proceedings to which this section applies before the end of
the prescribed period.
(4)
A determination under subsection (1) may be varied by a subsequent
10
determination under that subsection at any time before the proceedings
are determined.
(5)
The Secretary of State must notify the appellant or applicant (as the case
may be) and the local planning authority of any determination made
under subsection (1).
15
(6)
The Secretary of State must publish the criteria that are to be applied in
making determinations under subsection (1).
(7)
This section applies to—
(a)
an application referred to the Secretary of State under section 12
instead of being dealt with by a local planning authority in
20
England;
(b)
an appeal under section 20 against a decision of a local planning
authority in England; and
(c)
an appeal under section 39 against a listed building
enforcement notice issued by a local planning authority in
25
England.
(8)
The Secretary of State may by order amend subsection (7) to—
(a)
add proceedings under this Act to, or remove proceedings
under this Act from, the list of proceedings to which this section
applies, or
30
(b)
otherwise modify the descriptions of proceedings under this
Act to which this section applies.
(9)
An order under subsection (8) may—
(a)
contain incidental, supplementary, consequential, transitional
and transitory provision and savings;
35
(b)
amend, repeal or revoke any provision made by or under this
Act or by or under any other Act.”
(3)
After section 21 of the Hazardous Substances Act insert—
“21A
Determination by Secretary of State of procedure for certain
proceedings
40
(1)
The Secretary of State must make a determination as to the procedure
by which proceedings to which this section applies are to be
considered.
(2)
A determination under subsection (1) must provide for the proceedings
to be considered in whichever of the following ways appears to the
45
Secretary of State to be most appropriate—

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
102

(a)
at a local inquiry;
(b)
at a hearing;
(c)
on the basis of representations in writing.
(3)
The Secretary of State must make a determination under subsection (1)
in respect of proceedings to which this section applies before the end of
5
the prescribed period.
(4)
A determination under subsection (1) may be varied by a subsequent
determination under that subsection at any time before the proceedings
are determined.
(5)
The Secretary of State must notify the appellant or applicant (as the case
10
may be) and the hazardous substances authority of any determination
made under subsection (1).
(6)
The Secretary of State must publish the criteria that are to be applied in
making determinations under subsection (1).
(7)
This section applies to—
15
(a)
an application referred to the Secretary of State under section 20
instead of being dealt with by a hazardous substances authority
in England;
(b)
an appeal under section 21 against a decision of a hazardous
substances authority in England.
20
(8)
The Secretary of State may by order amend subsection (7) to—
(a)
add proceedings under this Act to, or remove proceedings
under this Act from, the list of proceedings to which this section
applies, or
(b)
otherwise modify the descriptions of proceedings under this
25
Act to which this section applies.
(9)
An order under subsection (8) may—
(a)
contain incidental, supplementary, consequential, transitional
and transitory provision and savings;
(b)
amend, repeal or revoke any provision made by or under this
30
Act or by or under any other Act.
(10)
The power to make an order under subsection (8) is exercisable by
statutory instrument.
(11)
No order may be made under subsection (8) unless a draft of the
instrument containing the order has been laid before, and approved by
35
resolution of, each House of Parliament.”
(4)
Schedule 5 (further provisions as to the procedure for certain proceedings) has
effect.
Appeals
169
Appeals: miscellaneous amendments
40
Schedule 6 (appeals: miscellaneous amendments) has effect.