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Consideration of Bill: 25th June 2008                  

2819

 

Planning Bill, continued

 
 

10         

The protection of the property or interests of any person.

 

11         

The imposition or exclusion of obligations or liability in respect of acts or

 

omissions.

 

12         

Carrying out surveys or taking soil samples.

 

13         

Cutting down, uprooting, topping or lopping trees or shrubs or cutting back

 

their roots.

 

14         

The removal, disposal or re-siting of apparatus.

 

15         

Carrying out civil engineering or other works.

 

16         

The diversion of navigable or non-navigable watercourses.

 

17         

The stopping up or diversion of highways.

 

18         

Charging tolls, fares and other charges.

 

19         

The designation of a highway as a trunk road or special road.

 

20         

The specification of the classes of traffic authorised to use a highway.

 

21         

The appropriation of a highway for which the person proposing to construct or

 

improve a highway is the highway authority.

 

22         

The transfer to the person proposing to construct or improve a highway of a

 

highway for which that person is not the highway authority.

 

23         

The specification of the highway authority for a highway.

 

24         

The operation and maintenance of a transport system.

 

25         

Entering into an agreement for the provision of police services.

 

26         

The discharge of water into inland waters or underground strata.

 

27         

Deeming consent under section 34 of the Coast Protection Act 1949 (c. 74) to

 

have been given by the Secretary of State for operations specified in the order

 

and subject to such conditions as may be specified in the order.

 

28         

Deeming any such conditions to have been imposed by the Secretary of State

 

under that section.

 

29         

Deeming a licence under Part 2 of the Food and Environment Protection Act

 

1985 (c. 48) to have been issued by a specified licensing authority for

 

operations specified in the order and subject to such provisions as may be

 

specified in the order.

 

30         

Deeming any such provisions to have been included in the licence by the

 

specified licensing authority by virtue of that Act.

 

31         

The creation of a harbour authority.

 

32         

Changing the powers and duties of a harbour authority.

 

33         

The transfer of property, rights, liabilities, or functions.

 

34         

The transfer, leasing, suspension, discontinuance and revival of undertakings.

 

35         

The payment of contributions.

 

36         

The payment of compensation.

 

37         

The submission of disputes to arbitration.

 

38         

The alteration of borrowing limits.

 

Part 2

 

Interpretation

 

1    (1)  

This paragraph applies for the purposes of this Schedule.

 

      (2)  

“Transport system” means any of the following—

 

(a)    

a railway,

 

(b)    

a tramway,

 

(c)    

a trolley vehicle system,


 
 

Consideration of Bill: 25th June 2008                  

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Planning Bill, continued

 
 

(d)    

a system using a mode of guided transport prescribed by order under

 

section 2 of the Transport and Works Act 1992.

 

      (3)  

“Maintenance”, in relation to a transport system, includes the inspection,

 

repair, adjustment, alteration, removal, reconstruction or replacement of the

 

system.

 

      (4)  

The following terms have the meanings given by section 67(1) (interpretation)

 

of the Transport and Works Act 1992—

 

“guided transport”,

 

“tramway”,

 

“trolley vehicle system”.’.

 


 

Secretary Hazel Blears

 

NS4

 

To move the following Schedule:—

 

‘Changes to, and revocation of, orders granting development consent

 

Preliminary

 

1    (1)  

This paragraph applies for the purposes of this Schedule.

 

      (2)  

“The applicant”, in relation to a development consent order, means the person

 

who applied for the order.

 

      (3)  

“A successor in title of the applicant” means a person who—

 

(a)    

derives title to the land from the applicant (whether directly or

 

indirectly), and

 

(b)    

has an interest in the land.

 

      (4)  

“The appropriate authority” means—

 

(a)    

in a case where a Panel or the Council made the order granting

 

development consent, the Commission;

 

(b)    

in a case where the Secretary of State made the order, the Secretary of

 

State.

 

      (5)  

“Development consent order” means an order granting development consent.

 

      (6)  

“The land”, in relation to a development consent order, means the land to

 

which the order relates or any part of that land.

 

Non-material changes

 

2    (1)  

The appropriate authority may make a change to a development consent order

 

if it is satisfied that the change is not material.

 

            

This is subject to sub-paragraph (10).

 

      (2)  

In deciding whether a change is material, the appropriate authority must have

 

regard to the effect of the change, together with any previous changes made

 

under this paragraph, on the development consent order as originally made.

 

      (3)  

The power conferred by sub-paragraph (1) includes power—

 

(a)    

to impose new requirements in connection with the development for

 

which consent is granted by the development consent order;

 

(b)    

to remove or alter existing requirements.

 

      (4)  

The power conferred by sub-paragraph (1) may be exercised only on an

 

application made to the Commission by or on behalf of—


 
 

Consideration of Bill: 25th June 2008                  

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Planning Bill, continued

 
 

(a)    

the applicant or a successor in title of the applicant,

 

(b)    

a person with an interest in the land, or

 

(c)    

any other person for whose benefit the development consent order has

 

effect.

 

      (5)  

An application under sub-paragraph (4) must be made in the prescribed form

 

and manner.

 

      (6)  

Sub-paragraph (7) applies in relation to an application under sub-paragraph (4)

 

made by or on behalf of a person with an interest in some, but not all, of the

 

land to which the development consent order relates.

 

      (7)  

The application may be made only in respect of so much of the order as affects

 

the land in which the person has an interest.

 

      (8)  

The appropriate authority must comply with such requirements as may be

 

prescribed as to consultation and publicity in relation to the exercise of the

 

power conferred by sub-paragraph (1).

 

      (9)  

If a change is made to a development consent order under the power conferred

 

by sub-paragraph (1)—

 

(a)    

the order continues in force,

 

(b)    

the appropriate authority must give notice of the change to the order to

 

such persons as may be prescribed, and

 

(c)    

the change to the order takes effect from the date on which the notice

 

is issued.

 

    (10)  

The power conferred by sub-paragraph (1) may not be exercised in relation to

 

provision included in an order granting development consent by virtue of any

 

of paragraphs 27 to 30 of Schedule [Provision relating to, or to matters

 

ancillary to, development] (deemed consent under Coast Protection Act 1949

 

and deemed licences under Food and Environment Protection Act 1985).

 

Changes to, and revocation of, orders granting development consent

 

3    (1)  

The appropriate authority may by order make a change to, or revoke, a

 

development consent order.

 

      (2)  

The power conferred by sub-paragraph (1) may be exercised only in

 

accordance with—

 

(a)    

the following provisions of this paragraph, and

 

(b)    

paragraphs 4 and 5.

 

      (3)  

The power may be exercised without an application being made if the

 

appropriate authority is satisfied that—

 

(a)    

the development consent order contains a significant error, and

 

(b)    

it would not be appropriate for the error to be corrected by means of

 

the power conferred by paragraph 1 of Schedule [Correction of errors

 

in development consent decisions] or paragraph 2 of this Schedule.

 

      (4)  

The power may be exercised on an application made by or on behalf of—

 

(a)    

the applicant or a successor in title of the applicant,

 

(b)    

a person with an interest in the land, or

 

(c)    

any other person for whose benefit the development consent order has

 

effect.

 

      (5)  

The power may be exercised on an application made by a local planning

 

authority if the appropriate authority is satisfied that—

 

(a)    

the development consent order grants development consent for

 

development on land all or part of which is in the local planning

 

authority’s area,

 

(b)    

the development has begun but has been abandoned, and


 
 

Consideration of Bill: 25th June 2008                  

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Planning Bill, continued

 
 

(c)    

the amenity of other land in the local planning authority’s area or an

 

adjoining area is adversely affected by the condition of the land.

 

      (6)  

Where the appropriate authority is the Commission, the power may be

 

exercised on an application made by the Secretary of State if the Commission

 

is satisfied that—

 

(a)    

if the development were carried out in accordance with the

 

development consent order, there would be a contravention of

 

Community law or any of the Convention rights, or

 

(b)    

there are other exceptional circumstances that make it appropriate to

 

exercise the power.

 

      (7)  

Where the appropriate authority is the Secretary of State, the power may be

 

exercised without an application being made if the Secretary of State is

 

satisfied that—

 

(a)    

if the development were carried out in accordance with the

 

development consent order, there would be a contravention of

 

Community law or any of the Convention rights, or

 

(b)    

there are other exceptional circumstances that make it appropriate to

 

exercise the power.

 

      (8)  

In this paragraph—

 

“Community law” means—

 

(f)    

all the rights, powers, liabilities, obligations and restrictions

 

from time to time created or arising by or under the Community

 

Treaties, and

 

(g)    

all the remedies and procedures from time to time provided for

 

by or under the Community Treaties;

 

“the Convention rights” has the same meaning as in the Human Rights Act

 

1998 (c. 42).

 

Changes to, and revocation of, orders: supplementary

 

4    (1)  

An application under paragraph 3 must be—

 

(a)    

made in the prescribed form and manner, and

 

(b)    

accompanied by information of a prescribed description.

 

      (2)  

Sub-paragraph (3) applies in relation to an application under paragraph 3(4)

 

made by or on behalf of a person with an interest in some, but not all, of the

 

land to which the development consent order relates.

 

      (3)  

The application may be made only in respect of so much of the order as affects

 

the land in which the person has an interest.

 

      (4)  

The Secretary of State may by regulations make provision about—

 

(a)    

the procedure to be followed before an application under paragraph 3

 

is made;

 

(b)    

the making of such an application;

 

(c)    

the decision-making process in relation to the exercise of the power

 

conferred by paragraph 3(1);

 

(d)    

the making of the decision as to whether to exercise that power;

 

(e)    

the effect of a decision to exercise that power.

 

      (5)  

Paragraphs (c) to (e) of sub-paragraph (4) apply in relation to the exercise of

 

the power conferred by paragraph 3(1)—

 

(a)    

on an application under paragraph 3, or

 

(b)    

on the initiative of the appropriate authority under paragraph 3(3) or

 

(7).


 
 

Consideration of Bill: 25th June 2008                  

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Planning Bill, continued

 
 

      (6)  

If a development consent order is changed or revoked in the exercise of the

 

power conferred by paragraph 3(1), the appropriate authority must give notice

 

of the change or revocation to such persons as may be prescribed.

 

5    (1)  

This paragraph applies in relation to the power conferred by paragraph 3(1) to

 

make a change to, or revoke, a development consent order.

 

      (2)  

The power may not be exercised after the end of the period of 4 years

 

beginning with the date on which the relevant development was substantially

 

completed.

 

      (3)  

Sub-paragraph (2) does not prevent the exercise of the power—

 

(a)    

in relation to requirements imposed by the development consent order

 

in connection with the relevant development, or

 

(b)    

to revoke the development consent order.

 

      (4)  

The power includes power—

 

(a)    

to require the removal or alteration of buildings or works;

 

(b)    

to require the discontinuance of a use of land;

 

(c)    

to impose specified requirements in connection with the continuance

 

of a use of land;

 

(d)    

to impose new requirements in connection with the relevant

 

development;

 

(e)    

to remove or alter existing requirements.

 

      (5)  

Subject to sub-paragraph (4)(a), the exercise of the power does not affect any

 

building or other operations carried out in pursuance of the development

 

consent order before the power is exercised.

 

      (6)  

The power may not be exercised in relation to provision included in an order

 

granting development consent by virtue of any of paragraphs 27 to 30 of

 

Schedule [Provision relating to, or to matters ancillary to, development]

 

(deemed consent under Coast Protection Act 1949 and deemed licences under

 

Food and Environment Protection Act 1985).

 

      (7)  

“The relevant development” is the development for which consent is granted

 

by the development consent order.

 

Compensation

 

6    (1)  

This paragraph applies if—

 

(a)    

in exercise of the power conferred by paragraph 3, the appropriate

 

authority makes a change to, or revokes, a development consent order,

 

(b)    

the case in which the power is exercised is one falling within sub-

 

paragraph (3), (6) or (7) of that paragraph,

 

(c)    

on a claim for compensation under this paragraph it is shown that a

 

person with an interest in the land, or for whose benefit the

 

development consent order has effect—

 

(i)    

has incurred expenditure in carrying out work which is

 

rendered abortive by the change or revocation, or

 

(ii)    

has otherwise sustained loss or damage which is directly

 

attributable to the change or revocation, and

 

(d)    

the claim is made to the appropriate authority in the prescribed manner

 

and before the end of the prescribed period.

 

      (2)  

Compensation in respect of the expenditure, loss or damage is payable to the

 

person by—

 

(a)    

the appropriate authority, if the change or revocation is made in a case

 

falling within paragraph 3(3);


 
 

Consideration of Bill: 25th June 2008                  

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Planning Bill, continued

 
 

(b)    

the Secretary of State, if the change or revocation is made in a case

 

falling within paragraph 3(6) or (7).

 

      (3)  

The reference in sub-paragraph (1)(c)(i) to expenditure incurred in carrying

 

out any work includes a reference to expenditure incurred —

 

(a)    

in the preparation of plans for the purposes of the work, or

 

(b)    

on other similar matters preparatory to carrying out the work.

 

      (4)  

Subject to sub-paragraph (3), no compensation is to be paid under this

 

paragraph—

 

(a)    

in respect of any work carried out before the development consent

 

order was made, or

 

(b)    

in respect of any other loss or damage arising out of anything done or

 

omitted to be done before the development consent order was made

 

(other than loss or damage consisting of depreciation of the value of

 

an interest in land).

 

      (5)  

The Secretary of State may by regulations make provision about the

 

assessment of compensation payable under this paragraph.

 

      (6)  

The regulations may in particular include provision—

 

(a)    

for the reference of disputes about compensation for depreciation to,

 

and the determination of such disputes by, the Lands Tribunal, the

 

Lands Tribunal for Scotland, the First-tier Tribunal or the Upper

 

Tribunal;

 

(b)    

applying, with or without modifications, a provision of or made under

 

an Act.

 

7    (1)  

In this paragraph “compensation for depreciation” means compensation

 

payable under paragraph 6 in respect of loss or damage consisting of

 

depreciation of the value of an interest in land.

 

      (2)  

The Secretary of State may by regulations make provision about the

 

apportionment of compensation for depreciation between different parts of the

 

land to which the claim for the compensation relates.

 

      (3)  

The regulations may in particular include provision about—

 

(a)    

who is to make an apportionment;

 

(b)    

the persons to whom notice of an apportionment is to be given;

 

(c)    

how an apportionment is to be made;

 

(d)    

the reference of disputes about an apportionment to, and the

 

determination of such disputes by, the Lands Tribunal, the Lands

 

Tribunal for Scotland, the First-tier Tribunal or the Upper Tribunal.

 

      (4)  

The Secretary of State may by regulations make provision for, and in

 

connection with, the giving of notice of compensation for depreciation.

 

      (5)  

The regulations may in particular include provision about—

 

(a)    

the persons to whom notice of compensation for depreciation is to be

 

given;

 

(b)    

the status of such a notice;

 

(c)    

the registration of such a notice.’.

 



 
 

Consideration of Bill: 25th June 2008                  

2825

 

Planning Bill, continued

 
 

Secretary Hazel Blears

 

NS5

 

To move the following Schedule:—

 

‘Power to decline to determine applications: amendments

 

Town and Country Planning Act 1990 (c. 8)

 

1          

TCPA 1990 is amended as follows.

 

2    (1)  

Section 70A (power of local planning authority to decline to determine

 

subsequent application) is amended as follows.

 

      (2)  

At the end of subsection (4)(b) insert “or, if there has been such an appeal, it

 

has been withdrawn”.

 

      (3)  

After subsection (4) insert—

 

“(4A)    

A local planning authority in England may also decline to determine a

 

relevant application if—

 

(a)    

the condition in subsection (4B) is satisfied, and

 

(b)    

the authority think there has been no significant change in the

 

relevant considerations since the relevant event.

 

(4B)    

The condition is that—

 

(a)    

in the period of two years ending with the date on which the

 

application mentioned in subsection (4A) is received the

 

Secretary of State has refused a similar application,

 

(b)    

the similar application was an application deemed to have

 

been made by section 177(5), and

 

(c)    

the land to which the application mentioned in subsection

 

(4A) and the similar application relate is in England.”

 

      (4)  

In subsection (7)(a) for “and (4)” substitute “, (4) and (4B)”.

 

3    (1)  

Section 70B (power of local planning authority to decline to determine

 

overlapping application) is amended as follows.

 

      (2)  

In subsection (1) after “which is” insert “—

 

(a)    

made on the same day as a similar application, or

 

(b)    

”.

 

      (3)  

After subsection (4) insert—

 

“(4A)    

A local planning authority in England may also decline to determine

 

an application for planning permission for the development of any

 

land in England which is made at a time when the condition in

 

subsection (4B) applies in relation to a similar application.

 

(4B)    

The condition is that—

 

(a)    

a similar application is under consideration by the Secretary of

 

State,

 

(b)    

the similar application is an application deemed to have been

 

made by section 177(5), and

 

(c)    

the Secretary of State has not issued his decision.”

 

      (4)  

After subsection (6) insert—

 

“(7)    

If a local planning authority exercise their power under subsection

 

(1)(a) to decline to determine an application made on the same day as

 

a similar application, they may not also exercise that power to decline

 

to determine the similar application.”


 
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