House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 25th June 2008
2826

Planning Bill, continued

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

4
The Listed Buildings Act is amended as follows.

5
In section 81A (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been such an appeal, it has been withdrawn”.

6    (1)
Section 81B (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)
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.”

Planning and Compulsory Purchase Act 2004 (c. 5)

7
In section 121 of PCPA 2004 (commencement) after subsection (3) insert—

“(3A)
Subsections (1) and (2) are subject to subsection (3B).

(3B)
Section 43 (power to decline to determine applications) (so far as not

in force on the day on which paragraph 7 of Schedule [Power to

decline to determine applications: amendments] of the Planning Act

2008 comes into force) comes into force on such day as may be

appointed by order made by—

(a)
the Secretary of State in relation to England;

(b)
the Welsh Ministers in relation to Wales.”’.

Secretary Hazel Blears

NS7

To move the following Schedule:—

‘Application of Act to Scotland: modifications

8
Section 5(8) applies as if the reference to Part 11 of TCPA 1990 were a

reference to Part 10 of the Town and Country Planning (Scotland) Act 1997

(c. 8).

9
Section 13 applies as if—

(a)
in subsection (1)—

(i)
the words “any of the following” were omitted, and

(ii)
paragraphs (a) to (e) and (g) to (o) were omitted, and

(b)
in subsection (2) for “sections 14 to 28” there were substituted

“section 19”.

10
Section 30 applies as if—

(a)
in subsection (1)—

Consideration of Bill: 25th June 2008
2827

Planning Bill, continued

(i)
the reference to TCPA 1990 were a reference to section 26 of

the Town and Country Planning (Scotland) Act 1997 (c. 8),

and

(ii)
the words “This is subject to subsections (2) and (3).” were

omitted, and

(b)
subsections (2) to (4) were omitted.

11
Section 31 applies as if—

(a)
in subsection (1)—

(i)
for “none” there were substituted “neither”, and

(ii)
paragraphs (b) and (c) and (e) to (k) were omitted, and

(b)
subsections (2) to (4) were omitted.

12
Section 42 applies as if—

(a)
in subsection (2)(b), the words from “or” to the end were omitted,

(b)
in subsection (3), references to section 5(1) of the Compulsory

Purchase Act 1965 (c. 56) were references to section 17 of the Lands

Clauses Consolidation (Scotland) Act 1845 (c. 19), and

(c)
in subsection (5)—

(i)
for paragraph (a) there were substituted—

“(a)
a claim arising by virtue of paragraph 1 of the Second

Schedule to the Acquisition of Land (Authorisation

Procedure) (Scotland) Act 1947 (c. 42)”, and

(ii)
in paragraph (b), the reference to Part 1 of the Land

Compensation Act 1973 (c. 26) were a reference to Part 1 of

the Land Compensation (Scotland) Act 1973 (c. 56).

13
Section 49 applies as if—

(a)
in subsection (2)(c), the words from “or” to the end were omitted,

(b)
in subsection (3)(b)—

(i)
the reference to a freeholder were a reference to an owner, and

(ii)
the reference to a mortgagee were a reference to a heritable

creditor, and

(c)
in subsection (11), references to section 5(1) of the Compulsory

Purchase Act 1965 (c. 56) were references to section 17 of the Lands

Clauses Consolidation (Scotland) Act 1845 (c. 19).

14
Section 50 applies as if—

(a)
in subsection (7), the reference to chattels were a reference to

moveable property,

(b)
in subsection (8), the reference to the Lands Tribunal were a reference

to the Lands Tribunal for Scotland, and

(c)
in subsection (11), in the definition of “statutory undertakers”, the

reference to Part 11 of TCPA 1990 were a reference to Part 10 of the

Town and Country Planning (Scotland) Act 1997 (c. 8).

15
Section 54 applies as if—

(a)
in subsection (2)(b), the words from “or” to the end were omitted,

(b)
in subsection (3), references to section 5(1) of the Compulsory

Purchase Act 1965 (c. 56) were references to section 17 of the Lands

Clauses Consolidation (Scotland) Act 1845 (c. 19), and

(c)
in subsection (5)—

(i)
for paragraph (a) there were substituted—

“(a)
a claim arising by virtue of paragraph 1 of the Second

Schedule to the Acquisition of Land (Authorisation

Procedure) (Scotland) Act 1947 (c. 42)”, and

Consideration of Bill: 25th June 2008
2828

Planning Bill, continued

(ii)
in paragraph (b), the reference to Part 1 of the Land

Compensation Act 1973 (c. 26) were a reference to Part 1 of

the Land Compensation (Scotland) Act 1973 (c. 56).

16
Section 55 applies as if—

(a)
for subsection (6) there were substituted—

“(6)
Summary proceedings relating to an offence under this

section may be commenced regardless of when the

contravention occurred.”, and

(b)
in subsection (7), the reference to section 127 of the Magistrates’

Courts Act 1980 (c. 43) were a reference to section 136 of the Criminal

Procedure (Scotland) Act 1995 (c. 46).

17
Section 109(7) applies as if the references to an Act included references to an

Act of the Scottish Parliament.

18
Section 114(6) applies as if, for the definition of “statutory undertakers” there

were substituted—

““statutory undertakers” has the meaning given by section 214 of the

Town and Country Planning (Scotland) Act 1997 (c. 8) and also

includes the undertakers—

(d)
which are deemed to be statutory undertakers for the purposes of

that Act, by virtue of another enactment;

(e)
which are statutory undertakers for the purposes of paragraphs 9

and 10 of the First Schedule to the Acquisition of Land

(Authorisation Procedure) (Scotland) Act 1947 (c. 42) (see

paragraph 10A of that Schedule).”

19
Section 115(5) applies as if—

(a)
in the definition of “local authority”, the reference to section 7(1) of

the Acquisition of Land Act 1981 (c. 67) were a reference to section 2

of the Local Government etc. (Scotland) Act 1994 (c. 39), and

(b)
for the definition of “statutory undertakers” there were substituted—

““statutory undertakers” has the meaning given by section 214 of

the Town and Country Planning (Scotland) Act 1997 (c. 8) and

also includes the undertakers—

(f)
which are deemed to be statutory undertakers for the purposes of

that Act, by virtue of another enactment;

(g)
which are statutory undertakers for the purposes of paragraphs 9

and 10 of the First Schedule to the Acquisition of Land

(Authorisation Procedure) (Scotland) Act 1947 (c. 42) (see

paragraph 10A of that Schedule);”.

20
Section 116(2) applies as if—

(a)
in the definition of “local authority”, the reference to section 17(4) of

the Acquisition of Land Act 1981 (c. 67) were a reference to section 2

of the Local Government etc. (Scotland) Act 1994 (c. 39), and

(b)
for the definition of “statutory undertakers” there were substituted—

““ statutory undertakers” has the meaning given by section 214 of the Town

and Country Planning (Scotland) Act 1997 (c. 8) and also includes the

undertakers which are deemed to be statutory undertakers for the

purposes of that Act, by virtue of another enactment;”.

21
Section 117 applies as if—

(a)
in subsection (4), the references to section 21 of the National Trust Act

1907 (c.cxxxvi) and section 8 of the National Trust Act 1939 (c.

1xxxvi) were references to section 22 of the Order confirmed by the

National Trust for Scotland Order Confirmation Act 1935 (c. ii), and

Consideration of Bill: 25th June 2008
2829

Planning Bill, continued

(b)
in subsection (5), for the definition of “the National Trust” there were

substituted—

““the National Trust” means the National Trust for Scotland for Places of

Historic Interest or Natural Beauty incorporated by the Order confirmed

by the National Trust for Scotland Order Confirmation Act 1935 (c. ii);”.

22
Section 118 applies as if—

(a)
in subsection (1), for “, open space or fuel or field garden allotment”

there were substituted “or open space”, and

(b)
in subsection (8), for the words from “common” to “1981” there were

substituted—

““common” includes any town or village green;

“open space” means any land laid out as a public garden, or used for the

purposes of public recreation, or land which is a disused burial ground;”.

23
Section 119 applies as if—

(a)
in subsection (1), for “, open space or fuel or field garden allotment”

there were substituted “or open space”, and

(b)
in subsection (9), for the words from “common” to “1981” there were

substituted—

““common” and “open space” have the same meanings as in section 118 (as

modified by paragraph 15);”.

24
Section 121 applies as if—

(a)
for subsection (4) there were substituted—

“(4)
This subsection applies to—

(a)
an owner, lessee, tenant (whatever the tenancy

period) or occupier of the order land,

(b)
a person known by the prospective purchaser (after

diligent inquiry)—

(i)
to be interested in the order land, or

(ii)
to have power to sell and convey the order

land,

(c)
a person who, if the order were fully implemented, the

prospective purchaser thinks would or might be

entitled—

(i)
as a result of the implementing of the order,

(ii)
as a result of the order’s having been

implemented, or

(iii)
as a result of use of the order land once the

order has been implemented,


to make a relevant claim.

(4A)
In subsection (4)(c) “relevant claim” means a claim arising by

virtue of paragraph 1 of the Second Schedule to the

Acquisition of Land (Authorisation Procedure) (Scotland) Act

1947 (c. 42).

(4B)
An expression that appears in subsection (4)(b) of this section

and also in section 17 of the Lands Clauses Consolidation

(Scotland) Act 1845 (c. 19) has in subsection (4)(b) the

meaning that it has in section 17 of that Act.”, and

(b)
in subsection (7)(c) the words “only in accordance with section 108”

were omitted.

Consideration of Bill: 25th June 2008
2830

Planning Bill, continued

25
Section [Public rights of way: statutory undertakers' apparatus etc.](7) applies

as if the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the

Town and Country Planning (Scotland) Act 1997 (c. 8).

26
Section 137 applies as if the references to a justice of the peace were references

to a sheriff.

27
Section 138 applies as if—

(a)
in subsection (4), the reference to chattels were a reference to

moveable property,

(b)
in subsection (5), the reference to the Lands Tribunal were a reference

to the Lands Tribunal for Scotland, and

(c)
in subsection (6), the reference to sections 2 and 4 of the Land

Compensation Act 1961 (c. 33) were a reference to sections 9 and 11

of the Land Compensation (Scotland) Act 1963 (c. 51).

28
Section 144 applies as if—

(a)
the references to an injunction were references to an interdict, and

(b)
in subsection (4), the references to the High Court and a county court

were references to the Court of Session and the sheriff.

29
Section 187(5) applies as if the reference to section 233 of the Local

Government Act 1972 (c. 70) were a reference to section 192 of the Local

Government (Scotland) Act 1973 (c. 65).

30
Section 193 applies as if—

(a)
for the definition of “building” there were substituted—

““building” has the meaning given by section 277(1) of the Town and

Country Planning (Scotland) Act 1997 (c. 8);”,

(b)
for the definition of “land” there were substituted—

““land” includes land covered with water and any building (as defined in

section 277(1) of the Town and Country Planning (Scotland) Act 1997

(c. 8)) and in relation to Part 7 must be read in accordance with section

[Interpretation: land and rights over land];”,

(c)
for the definition of “local planning authority” there were

substituted—

““local planning authority” means a planning authority within the meaning

of section 1 of the Town and Country Planning (Scotland) Act 1997

(c. 8);”,

(d)
in the definition of “planning permission”, the reference to Part 3 of

TCPA 1990 were a reference to Part 3 of the Town and Country

Planning (Scotland) Act 1997 (c. 8), and

(e)
in the definition of “use”, the reference to section 336(1) of TCPA

1990 were a reference to section 277(1) of the Town and Country

Planning (Scotland) Act 1997 (c. 8).

31
Part 1 of Schedule [Provision relating to, or to matters ancillary to,

development] applies as if paragraphs 4 to 6, 8, 9, 16 to 32 and 38 were

omitted.’.

Consideration of Bill: 25th June 2008
2831

Planning Bill, continued

Secretary Hazel Blears

267

Page  125,  line  41  [Schedule  1],  at end insert—

‘9A(1)
This paragraph applies where an application referred to the Council under

section 79 relates to land in Wales (even if the application also relates to land

not in Wales).

      (2)
A person appointing Commissioners under paragraph 7(1) as ordinary

members of the Council for the purpose of deciding the application must do so

with a view to securing that, if reasonably practicable, at least one of the

members of the Council for that purpose is—

(a)
a Commissioner who was nominated for appointment as a

Commissioner by the Welsh Ministers, or

(b)
a Commissioner who is within sub-paragraph (3).

      (3)
A Commissioner is within this sub-paragraph if, when appointed to be a

member of the Council, the Commissioner is one notified to the Commission

by the Welsh Ministers as being a Commissioner who should be treated for the

purposes of this paragraph as being a Commissioner within sub-paragraph

(2)(a).’.

Secretary Hazel Blears

268

Page  126,  line  26  [Schedule  1],  leave out from ‘under’ to end and insert ‘any of the

following provisions—

section 35(4) or (5);

section 40(2);

section 49;

section 50;

section 52;

section 102(4);

section 122(6)(a);

section [Public rights of way: statutory undertakers’ apparatus](5);

in Schedule [Examination of applications by Secretary of State], paragraph

1(2);

in Schedule [Correction of errors in development consent decisions],

paragraphs 1 and 2(1);

in Schedule [Changes to, and revocation of, orders granting development

consent], paragraphs 2, 3 and 4.’.

Secretary Hazel Blears

269

Page  127,  line  7  [Schedule  1],  after ‘land’, insert ‘or of an interest in or right over

land’.

Consideration of Bill: 25th June 2008
2832

Planning Bill, continued

Secretary Hazel Blears

270

Page  130  [Schedule  2],  leave out lines 5 to 13.

Secretary Hazel Blears

271

Page  131,  line  2  [Schedule  2],  leave out from ‘to’ to end of line 4 and insert—

‘(a)
section 31(2) of the Planning Act 2008 (exclusion of powers to authorise

development);

(b)
section 109(8B) of that Act (exclusion of power to include ancillary

provision in orders).”’.

Secretary Hazel Blears

272

Page  131,  line  6  [Schedule  2],  leave out from second ‘to’ to end of line 8 and

insert—

‘(a)
section 31(2) of the Planning Act 2008 (exclusion of powers to authorise

development);

(b)
section 109(8B) of that Act (exclusion of power to include ancillary

provision in orders).”’.

Secretary Hazel Blears

273

Page  131,  line  11  [Schedule  2],  leave out from ‘13’ to end of line 19 and insert—


‘In section 4 (storage authorisation orders) after subsection (2) insert—

“(2A)
So far as relating to development within section 16(2), (3) or (5) of the

Planning Act 2008—

(a)
subsection (1) is subject to section 31(2) of that Act (exclusion

of powers to authorise development for which development

consent required), and

(b)
subsection (2) is subject to section 31(1) of that Act (exclusion

of requirement for other consents for development for which

development consent required).

(2B)
So far as relating to the use of strata for the storage of gas, subsections

(1) and (2) are subject to section 109(8B) of the Planning Act 2008

(exclusion of power to include ancillary provision in orders).”’.

Secretary Hazel Blears

274

Page  132,  line  2  [Schedule  2],  after ‘consent’, insert ‘under the Planning Act 2008’.