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
100

Determination of applications
185
Power to decline to determine applications: amendments
Schedule 7 (power to decline to determine applications: amendments) has
effect.
Planning permission
5
186
Local development orders: removal of requirement to implement policies
(1)
Section 61A of TCPA 1990 (local development orders) is amended as set out in
subsections (2) and (3).
(2)
Omit subsection (1) (requirement to implement policies).
(3)
In subsection (2) for “A local development order may” substitute “A local
10
planning authority may by order (a local development order)”.
(4)
In paragraph 2 of Schedule 4A to TCPA 1990 (revision of local development
orders) omit sub-paragraphs (4) and (5).
187
Compensation where development order or local development order
withdrawn
15
(1)
Section 108 of TCPA 1990 (compensation for refusal or conditional grant of
planning permission formerly granted by development order or local
development order) is amended as follows.
(2)
After subsection (2) insert—
“(2A)
Where—
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(a)
planning permission granted by a development order for
development in England of a prescribed description is
withdrawn by the issue of directions under powers conferred
by the order, or
(b)
planning permission granted by a local development order for
25
development in England is withdrawn by the issue of directions
under powers conferred by the order,

this section applies only if the application referred to in subsection
(1)(b) is made before the end of the period of 12 months beginning with
the date on which the directions took effect.”
30
(3)
After subsection (3A) insert—
“(3B)
This section does not apply if—
(a)
in the case of planning permission granted by a development
order, the condition in subsection (3C) is met;
(b)
in the case of planning permission granted by a local
35
development order, the condition in subsection (3D) is met.
(3C)
The condition referred to in subsection (3B)(a) is that—
(a)
the planning permission is granted for development in England
of a prescribed description,
(b)
the planning permission is withdrawn in the prescribed
40
manner,

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

(c)
notice of the withdrawal was published in the prescribed
manner not less than 12 months or more than the prescribed
period before the withdrawal took effect, and
(d)
either—
(i)
the development authorised by the development order
5
had not started before the notice was published, or
(ii)
the development order includes provision in pursuance
of section 61D permitting the development to be
completed after the permission is withdrawn.
(3D)
The condition referred to in subsection (3B)(b) is that—
10
(a)
the planning permission is granted for development in
England,
(b)
the planning permission is withdrawn by the revocation or
amendment of the local development order, or by the issue of
directions under powers conferred by the local development
15
order,
(c)
notice of the revocation, amendment or directions was
published in the prescribed manner not less than 12 months or
more than the prescribed period before the revocation,
amendment or directions (as the case may be) took effect, and
20
(d)
either—
(i)
the development authorised by the local development
order had not started before the notice was published, or
(ii)
the local development order includes provision in
pursuance of section 61D permitting the development to
25
be completed after the permission is withdrawn.”
(4)
After subsection (4) insert—
“(5)
Regulations under this section prescribing a description of
development may (in particular) do so by reference to one or more
classes or descriptions of development specified in a development
30
order.
(6)
In this section “prescribed” means prescribed by regulations made by
the Secretary of State.”
188
Power to make non-material changes to planning permission
(1)
TCPA 1990 is amended as follows.
35
(2)
After section 96 insert—
“Non-material changes to planning permission
96A
Power to make non-material changes to planning permission
(1)
A local planning authority in England may make a change to any
planning permission relating to land in their area if they are satisfied
40
that the change is not material.
(2)
In deciding whether a change is material, a local planning authority
must have regard to the effect of the change, together with any previous
changes made under this section, on the planning permission as
originally granted.
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Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
102

(3)
The power conferred by subsection (1) includes power—
(a)
to impose new conditions;
(b)
to remove or alter existing conditions.
(4)
The power conferred by subsection (1) may be exercised only on an
application made by or on behalf of a person with an interest in the land
5
to which the planning permission relates.
(5)
An application under subsection (4) must be made in the form and
manner prescribed by development order.
(6)
Subsection (7) applies in relation to an application under subsection (4)
made by or on behalf of a person with an interest in some, but not all,
10
of the land to which the planning permission relates.
(7)
The application may be made only in respect of so much of the
planning permission as affects the land in which the person has an
interest.
(8)
A local planning authority must comply with such requirements as
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may be prescribed by development order as to consultation and
publicity in relation to the exercise of the power conferred by
subsection (1).”
(3)
In section 5(3) (purposes for which Broads Authority is the sole local district
planning authority) for “97” substitute “96A”.
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(4)
In section 69(1) (register of applications etc)—
(a)
after paragraph (a) insert—
“(aa)
applications for non-material changes to planning
permission under section 96A;”,
(b)
in subsection (2)(a) after “(1)(a)” insert “and (aa)”, and
25
(c)
in subsection (4) after “(1)(a)” insert “, (aa)”.
(5)
In section 286(1) (challenges to validity on ground of authority’s powers) after
paragraph (a) insert—
“(aa)
an application for non-material changes to planning permission
under section 96A;”.
30
(6)
In Schedule 1 (local planning authorities: distribution of functions), in
paragraph 3(1), after paragraph (a) insert—
“(aa)
applications for non-material changes to planning permission
under section 96A;”.
Validity of planning decisions
35
189
Validity of orders, decisions and directions
(1)
Section 284(3) of TCPA 1990 (validity of certain actions on the part of the
Secretary of State) is amended as follows.
(2)
Before paragraph (a) insert—
“(za)
any decision on an application referred to the Secretary of State
40
under section 76A;”.
(3)
In paragraph (a) omit “for planning permission”.

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
103

Trees
190
Tree preservation orders
(1)
Chapter 1 of Part 8 of TCPA 1990 (special controls: trees) is amended as follows.
(2)
In section 198 (power to make tree preservation orders) omit—
(a)
subsections (3) and (4) (provision that may be made by tree
5
preservation orders),
(b)
subsection (6) (matters to which tree preservation orders do not apply),
and
(c)
subsections (8) and (9) (power to make provision about application for
consent under tree preservation order).
10
(3)
Omit section 199 (form of and procedure applicable to tree preservation
orders).
(4)
Omit section 201 (provisional tree preservation orders).
(5)
In section 202 (power for Secretary of State or Welsh Ministers to make tree
preservation orders), omit subsection (3) (procedure applicable to orders made
15
by Secretary of State or Welsh Ministers).
(6)
Omit sections 203 to 205 (compensation in connection with tree preservation
orders).
(7)
After section 202 insert—
“202A
Tree preservation regulations: general
20
(1)
The appropriate national authority may by regulations make provision
in connection with tree preservation orders.
(2)
Sections 202B to 202G make further provision about what may, in
particular, be contained in regulations under subsection (1).
(3)
In this section and those sections “tree preservation order” includes an
25
order under section 202(1).
(4)
In this Act “tree preservation regulations” means regulations under
subsection (1).
(5)
In subsection (1) “the appropriate national authority”—
(a)
in relation to England means the Secretary of State, and
30
(b)
in relation to Wales means the Welsh Ministers.
(6)
Section 333(3) does not apply in relation to tree preservation
regulations made by the Welsh Ministers.
(7)
Tree preservation regulations made by the Welsh Ministers are subject
to annulment in pursuance of a resolution of the National Assembly for
35
Wales.
202B
Tree preservation regulations: making of tree preservation orders
(1)
Tree preservation regulations may make provision about—
(a)
the form of tree preservation orders;
(b)
the procedure to be followed in connection with the making of
40
tree preservation orders;

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
104

(c)
when a tree preservation order takes effect.
(2)
If tree preservation regulations make provision for tree preservation
orders not to take effect until confirmed, tree preservation regulations
may—
(a)
make provision for tree preservation orders to take effect
5
provisionally until confirmed;
(b)
make provision about who is to confirm a tree preservation
order;
(c)
make provision about the procedure to be followed in
connection with confirmation of tree preservation orders.
10
202C
Tree preservation regulations: prohibited activities
(1)
Tree preservation regulations may make provision for prohibiting all
or any of the following—
(a)
cutting down of trees;
(b)
topping of trees;
15
(c)
lopping of trees;
(d)
uprooting of trees;
(e)
wilful damage of trees;
(f)
wilful destruction of trees.
(2)
A prohibition imposed on a person may (in particular) relate to things
20
whose doing the person causes or permits (as well as to things the
person does).
(3)
A prohibition may be imposed subject to exceptions.
(4)
In particular, provision may be made for a prohibition not to apply to
things done with consent.
25
(5)
In this section “tree” means a tree in respect of which a tree preservation
order is in force.
202D
Tree preservation regulations: consent for prohibited activities
(1)
This section applies if tree preservation regulations make provision
under section 202C(4).
30
(2)
Tree preservation regulations may make provision—
(a)
about who may give consent;
(b)
for the giving of consent subject to conditions;
(c)
about the procedure to be followed in connection with
obtaining consent.
35
(3)
The conditions for which provision may be made under subsection
(2)(b) include—
(a)
conditions as to planting of trees;
(b)
conditions requiring approvals to be obtained from the person
giving the consent;
40
(c)
conditions limiting the duration of the consent.
(4)
The conditions mentioned in subsection (3)(a) include—
(a)
conditions requiring trees to be planted;

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
105

(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
5
within paragraph (a).
(5)
In relation to any tree planted in pursuance of a condition within
subsection (4)(a), tree preservation regulations may make provision —
(a)
for the tree preservation order concerned to apply to the tree;
(b)
authorising the person imposing the condition to specify that
10
the tree preservation order concerned is not to apply to the tree.
(6)
“The tree preservation order concerned” is the order in force in relation
to the tree in respect of which consent is given under tree preservation
regulations.
(7)
The provision that may be made under subsection (2)(c) includes
15
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.
(8)
Tree preservation regulations may make provision for appeals—
(a)
against refusal of consent;
20
(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;
(e)
where there is a failure to decide an application for such an
approval.
25
(9)
Tree preservation regulations may make provision in connection with
appeals under provision made under subsection (8), including—
(a)
provision imposing time limits;
(b)
provision for further appeals;
(c)
provision in connection with the procedure to be followed on an
30
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
deciding an appeal (or further appeal).
202E
Tree preservation regulations: compensation
35
(1)
Tree preservation regulations may make provision for the payment of
compensation—
(a)
where any consent required under tree preservation regulations
is refused;
(b)
where any such consent is given subject to conditions;
40
(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.

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
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(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—
5
(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
10
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
15
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
20
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 of this Act mentioned in subsection (2).
25
(2)
The provisions are any provision of Part 3 relating to planning
permission or applications for planning permission, except sections 56,
62, 65, 69(3) and (4), 71, 91 to 96, 100 and 101 and Schedule 8.
(3)
Tree preservation regulations may make provision comparable to—
(a)
any provision made by the Town and Country Planning (Tree
30
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)
and (3).
(4)
Tree preservation regulations may contain incidental, supplementary,
35
consequential, transitional and transitory provision and savings.”
(8)
Schedule 8 makes further amendments in connection with tree preservation
orders.
191
Existing tree preservation orders: transitional provision
(1)
This section applies to a tree preservation order made before the appointed
40
day.
(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