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
107

order or for the purpose of identifying the trees, groups of trees or woodlands
in respect of which the order—
(a)
is in force, or
(b)
may at any later time be in force.
(3)
In this section—
5
“the appointed day”—
(a)
in relation to England means the day on which subsection (1)
comes fully into force in relation to England, and
(b)
in relation to Wales means the day on which subsection (1)
comes fully into force in relation to Wales;
10
“tree preservation order” means an order made under, or an order having
effect as if made under, section 198(1) of TCPA 1990.
Use of land
192
Use of land: power to override easements and other rights
(1)
Schedule 9 (use of land: power to override easements and other rights when
15
use is in accordance with planning permission) has effect.
(2)
The Welsh Ministers may by order amend Schedule 4 to the Welsh
Development Agency Act 1975 (c. 70) for the purpose of authorising the use in
accordance with planning permission of land acquired under section 21A of
that Act, even if the use involves—
20
(a)
interference with an interest or right to which paragraph 6 of that
Schedule applies, or
(b)
a breach of a restriction as to the user of land arising by virtue of a
contract.
(3)
The power to make an order under subsection (2) is exercisable by statutory
25
instrument.
(4)
The power includes—
(a)
power to make different provision for different purposes (including
different areas);
(b)
power to make incidental, consequential, supplementary, transitional
30
or transitory provision or savings.
(5)
No order may be made under subsection (2) unless a draft of the instrument
containing the order has been laid before, and approved by resolution of, the
National Assembly for Wales.
Statutory undertakers
35
193
Applications and appeals by statutory undertakers
In section 266 of TCPA 1990 (applications for planning permission by statutory
undertakers), after subsection (1) insert—
“(1A)
Subsection (1) has effect in relation to an application or appeal relating
to land in England only if the Secretary of State or the appropriate
40
Minister has given a direction for it to have effect in relation to the
application or appeal (and the direction has not been revoked).”

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
108

Determination of procedure
194
Determination of procedure for certain proceedings
(1)
After section 319 of TCPA 1990 insert—
“Determination of procedure
319A
Determination of procedure for certain proceedings
5
(1)
The Secretary of State must make a determination as to the procedure
by which proceedings to which this section applies are to be
considered.
(2)
A determination under subsection (1) must provide for the proceedings
to be considered in whichever of the following ways appears to the
10
Secretary of State to be most appropriate—
(a)
at a local inquiry;
(b)
at a hearing;
(c)
on the basis of representations in writing.
(3)
The Secretary of State must make a determination under subsection (1)
15
in respect of proceedings to which this section applies before the end of
the prescribed period.
(4)
A determination under subsection (1) may be varied by a subsequent
determination under that subsection at any time before the proceedings
are determined.
20
(5)
The Secretary of State must notify the appellant or applicant (as the case
may be) and the local planning authority of any determination made
under subsection (1).
(6)
The Secretary of State must publish the criteria that are to be applied in
making determinations under subsection (1).
25
(7)
This section applies to—
(a)
an application referred to the Secretary of State under section 77
instead of being dealt with by a local planning authority in
England;
(b)
an appeal under section 78 against a decision of a local planning
30
authority in England;
(c)
an appeal under section 174 against an enforcement notice
issued by a local planning authority in England;
(d)
an appeal under section 195 against a decision of a local
planning authority in England; and
35
(e)
an appeal under section 208 against a notice under section
207(1) issued by a local planning authority in England.
(8)
But this section does not apply to proceedings if they are referred to a
Planning Inquiry Commission under section 101; and on proceedings
being so referred, any determination made in relation to the
40
proceedings under subsection (1) of this section ceases to have effect.
(9)
The Secretary of State may by order amend subsection (7) to—

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
109

(a)
add proceedings to, or remove proceedings from, the list of
proceedings to which this section applies, or
(b)
otherwise modify the descriptions of proceedings to which this
section applies.
(10)
An order under subsection (9) may—
5
(a)
contain incidental, supplementary, consequential, transitional
and transitory provision and savings;
(b)
amend, repeal or revoke any provision made by or under this
Act or by or under any other Act.”
(2)
After section 88C of the Listed Buildings Act insert—
10
“88D
Determination of procedure for certain proceedings
(1)
The Secretary of State must make a determination as to the procedure
by which proceedings to which this section applies are to be
considered.
(2)
A determination under subsection (1) must provide for the proceedings
15
to be considered in whichever of the following ways appears to the
Secretary of State to be most appropriate—
(a)
at a local inquiry;
(b)
at a hearing;
(c)
on the basis of representations in writing.
20
(3)
The Secretary of State must make a determination under subsection (1)
in respect of proceedings to which this section applies before the end of
the prescribed period.
(4)
A determination under subsection (1) may be varied by a subsequent
determination under that subsection at any time before the proceedings
25
are determined.
(5)
The Secretary of State must notify the appellant or applicant (as the case
may be) and the local planning authority of any determination made
under subsection (1).
(6)
The Secretary of State must publish the criteria that are to be applied in
30
making determinations under subsection (1).
(7)
This section applies to—
(a)
an application referred to the Secretary of State under section 12
instead of being dealt with by a local planning authority in
England;
35
(b)
an appeal under section 20 against a decision of a local planning
authority in England; and
(c)
an appeal under section 39 against a listed building
enforcement notice issued by a local planning authority in
England.
40
(8)
The Secretary of State may by order amend subsection (7) to—
(a)
add proceedings under this Act to, or remove proceedings
under this Act from, the list of proceedings to which this section
applies, or
(b)
otherwise modify the descriptions of proceedings under this
45
Act to which this section applies.

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
110

(9)
An order under subsection (8) may—
(a)
contain incidental, supplementary, consequential, transitional
and transitory provision and savings;
(b)
amend, repeal or revoke any provision made by or under this
Act or by or under any other Act.”
5
(3)
After section 21 of the Hazardous Substances Act insert—
“21A
Determination by Secretary of State of procedure for certain
proceedings
(1)
The Secretary of State must make a determination as to the procedure
by which proceedings to which this section applies are to be
10
considered.
(2)
A determination under subsection (1) must provide for the proceedings
to be considered in whichever of the following ways appears to the
Secretary of State to be most appropriate—
(a)
at a local inquiry;
15
(b)
at a hearing;
(c)
on the basis of representations in writing.
(3)
The Secretary of State must make a determination under subsection (1)
in respect of proceedings to which this section applies before the end of
the prescribed period.
20
(4)
A determination under subsection (1) may be varied by a subsequent
determination under that subsection at any time before the proceedings
are determined.
(5)
The Secretary of State must notify the appellant or applicant (as the case
may be) and the hazardous substances authority of any determination
25
made under subsection (1).
(6)
The Secretary of State must publish the criteria that are to be applied in
making determinations under subsection (1).
(7)
This section applies to—
(a)
an application referred to the Secretary of State under section 20
30
instead of being dealt with by a hazardous substances authority
in England;
(b)
an appeal under section 21 against a decision of a hazardous
substances authority in England.
(8)
The Secretary of State may by order amend subsection (7) to—
35
(a)
add proceedings under this Act to, or remove proceedings
under this Act from, the list of proceedings to which this section
applies, or
(b)
otherwise modify the descriptions of proceedings under this
Act to which this section applies.
40
(9)
An order under subsection (8) may—
(a)
contain incidental, supplementary, consequential, transitional
and transitory provision and savings;
(b)
amend, repeal or revoke any provision made by or under this
Act or by or under any other Act.
45

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
111

(10)
The power to make an order under subsection (8) is exercisable by
statutory instrument.
(11)
No order may be made under subsection (8) unless a draft of the
instrument containing the order has been laid before, and approved by
resolution of, each House of Parliament.”
5
(4)
Schedule 10 (further provisions as to the procedure for certain proceedings)
has effect.
Appeals
195
Appeals: miscellaneous amendments
Schedule 11 (appeals: miscellaneous amendments) has effect.
10
196
Appeals relating to old mining permissions
(1)
Schedule 6 to TCPA 1990 (determination of certain appeals by person
appointed by Secretary of State) is amended as set out in subsections (2) and
(3).
(2)
In paragraph 1—
15
(a)
in sub-paragraph (1) after “208” insert “of this Act, paragraph 5 of
Schedule 2 to the Planning and Compensation Act 1991”, and
(b)
in sub-paragraph (4) for “any instrument made under it” substitute
“any other Act or any instrument made under this Act or any other
Act”.
20
(3)
In paragraph 2—
(a)
after sub-paragraph (1)(d) insert—
“(e)
in relation to an appeal under paragraph 5 of
Schedule 2 to the Planning and Compensation Act
1991, as the Secretary of State has under paragraph
25
6(1) and (3) of that Schedule.”, and
(b)
in sub-paragraph (2) after “208(5)” insert “of this Act and paragraph
6(2) of Schedule 2 to the Planning and Compensation Act 1991”.
(4)
In paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991
(c. 34) (registration of old mining permissions: right of appeal) after sub-
30
paragraph (8) insert—
    “(9)
Schedule 6 to the principal Act (determination of appeals by persons
appointed by Secretary of State) applies to appeals under this
paragraph.”