House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Notices of Amendments: 23rd June 2008
2743

Planning Bill, continued

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under this paragraph, on the development consent order as originally made.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

(a)
the applicant or a successor in title of the applicant,

(b)
a person with an interest in the land, or

Notices of Amendments: 23rd June 2008
2744

Planning Bill, continued

(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

(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.

Notices of Amendments: 23rd June 2008
2745

Planning Bill, continued

      (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).

      (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.

Notices of Amendments: 23rd June 2008
2746

Planning Bill, continued

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);

(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 —

Notices of Amendments: 23rd June 2008
2747

Planning Bill, continued

(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.’.

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.

Notices of Amendments: 23rd June 2008
2748

Planning Bill, continued

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.”

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.

Notices of Amendments: 23rd June 2008
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Planning Bill, continued

      (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)—

(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