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Report Stage Proceedings: 25th June 2008                

659

 

Planning Bill, continued

 
 

‘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has been withdrawn”.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.”

 

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

 

4          

The Listed Buildings Act is amended as follows.


 
 

Report Stage Proceedings: 25th June 2008                

660

 

Planning Bill, continued

 
 

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

 

Added  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


 
 

Report Stage Proceedings: 25th June 2008                

661

 

Planning Bill, continued

 
 

(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

 

(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—


 
 

Report Stage Proceedings: 25th June 2008                

662

 

Planning Bill, continued

 
 

(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

 

(b)    

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

 

substituted—


 
 

Report Stage Proceedings: 25th June 2008                

663

 

Planning Bill, continued

 
 

““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.

 

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).


 
 

Report Stage Proceedings: 25th June 2008                

664

 

Planning Bill, continued

 
 

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.’.

 


 

Secretary Hazel Blears

 

Agreed to  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


 
 

Report Stage Proceedings: 25th June 2008                

665

 

Planning Bill, continued

 
 

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

 

Agreed to  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

 

Agreed to  269

 

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

 

land’.

 


 

Secretary Hazel Blears

 

Agreed to  270

 

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

 



 
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