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
112

Fees
197
Fees for planning applications
For section 303 of TCPA 1990 substitute—
“303
Fees for planning applications etc.
(1)
The appropriate authority may by regulations make provision for the
5
payment of a fee or charge to a local planning authority in respect of—
(a)
the performance by the local planning authority of any function
they have;
(b)
anything done by them which is calculated to facilitate or is
conducive or incidental to the performance of any such
10
function.
(2)
The appropriate authority may by regulations make provision for the
payment of a fee to the appropriate authority or the local planning
authority (or of fees to both the appropriate authority and the local
planning authority) in respect of any application for planning
15
permission deemed to be made under section 177(5).
(3)
The appropriate authority may by regulations make provision for the
payment of a fee to the appropriate authority in respect of any
application for planning permission which is deemed to be made to the
appropriate authority under—
20
(a)
any provision of this Act other than section 177(5), or
(b)
any order or regulations made under this Act.
(4)
The appropriate authority may by regulations make provision for the
payment of a fee to the appropriate authority in respect of an
application for planning permission made under section 293A (urgent
25
Crown development).
(5)
Regulations under this section may in particular—
(a)
make provision as to when a fee or charge payable under the
regulations is to be paid;
(b)
make provision as to who is to pay a fee or charge payable
30
under the regulations;
(c)
make provision as to how a fee or charge payable under the
regulations is to be calculated (including who is to make the
calculation);
(d)
prescribe circumstances in which a fee or charge payable under
35
the regulations is to be remitted or refunded (wholly or in part);
(e)
prescribe circumstances in which no fee or charge is to be paid;
(f)
make provision as to the effect of paying or failing to pay a fee
or charge in accordance with the regulations;
(g)
prescribe circumstances in which a fee or charge payable under
40
the regulations to one local planning authority is to be
transferred to another local planning authority.
(6)
Regulations under this section may—
(a)
contain incidental, supplementary, consequential, transitional
and transitory provision and savings;
45

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
113

(b)
in the case of regulations made by virtue of subsection (5)(f) or
paragraph (a) of this subsection, amend, repeal or revoke any
provision made by or under this Act or by or under any other
Act.
(7)
In this section “the appropriate authority” means—
5
(a)
the Secretary of State in relation to England;
(b)
the Welsh Ministers in relation to Wales.
(8)
No regulations shall be made under this section unless a draft of the
regulations has been laid before and approved by resolution of—
(a)
each House of Parliament, in the case of regulations made by
10
the Secretary of State;
(b)
the National Assembly for Wales, in the case of regulations
made by the Welsh Ministers.
(9)
Section 333(3) does not apply in relation to regulations made under this
section by the Welsh Ministers.
15
(10)
If a local planning authority calculate the amount of fees or charges in
pursuance of provision made by regulations under subsection (1) the
authority must secure that, taking one financial year with another, the
income from the fees or charges does not exceed the cost of performing
the function or doing the thing (as the case may be).
20
(11)
A financial year is the period of 12 months beginning with 1 April.”
198
Fees for appeals
In TCPA 1990 after section 303 insert—
“303ZA
Fees for appeals
(1)
The appropriate authority may by regulations make provision for the
25
payment of a fee to the appropriate authority in respect of an appeal to
the appropriate authority under any provision made by or under—
(a)
this Act;
(b)
the Planning (Listed Buildings and Conservation Areas) Act
1990.
30
(2)
The regulations may in particular—
(a)
make provision as to when a fee payable under the regulations
is to be paid;
(b)
make provision as to how such a fee is to be calculated
(including who is to make the calculation);
35
(c)
prescribe circumstances in which such a fee is to be remitted or
refunded (wholly or in part);
(d)
prescribe circumstances in which no fee is to be paid;
(e)
make provision as to the effect of paying or failing to pay a fee
in accordance with the regulations.
40
(3)
A fee payable to the appropriate authority under regulations made
under this section is payable—
(a)
by the appellant;
(b)
in addition to any fee payable to the appropriate authority
under regulations made under section 303.
45

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes
114

(4)
Regulations under this section may—
(a)
contain incidental, supplementary, consequential, transitional
and transitory provision and savings;
(b)
in the case of regulations made by virtue of subsection (2)(e) or
paragraph (a) of this subsection, amend, repeal or revoke any
5
provision made by or under this Act or by or under any other
Act.
(5)
In this section “the appropriate authority” means—
(a)
the Secretary of State in relation to England;
(b)
the Welsh Ministers in relation to Wales.
10
(6)
No regulations shall be made under this section unless a draft of the
regulations has been laid before and approved by resolution of—
(a)
each House of Parliament, in the case of regulations made by
the Secretary of State;
(b)
the National Assembly for Wales, in the case of regulations
15
made by the Welsh Ministers.
(7)
Section 333(3) does not apply in relation to regulations made under this
section by the Welsh Ministers.”
Meaning of “local authority”
199
Meaning of “local authority” in planning Acts
20
In section 336(1) of TCPA 1990 (interpretation) in the definition of “local
authority” after paragraph (aa) insert—
“(ab)
the London Fire and Emergency Planning Authority;”.
Protection of gardens and green spaces
200
Protection of gardens and green spaces
25
(1)
The Town and Country Planning Act 1990 (c. 8) is amended as follows.
(2)
After section 71A insert—
“71B
Duty as respects gardens and urban green space in exercise of
planning functions
In exercise of any function under or by virtue of the planning Acts, the
30
Greater London Authority Act 1999 or the Planning and Compulsory
Purchase Act 2004, special regard shall be had to the desirability of
preserving gardens, groups of gardens and urban green spaces.”
(3)
In section 336, after the definition of “function”, insert—
““green space” means—
35
(a)
land laid out as a public garden;
(b)
land used for the purposes of public recreation;
(c)
a pocket of green, or predominately green, space in an
urban area which the local planning authority considers
of townscape importance and which contributes to the
40
character of the area or amenity of local residents;

Planning Bill
Part 10 — Wales
115

(d)
an area of open space which benefits wildlife and
biodiversity;”.
(4)
Nothing in any guidance issued by the Secretary of State, a regional planning
authority or other higher tier planning authority may be used by the Secretary
of State to set aside a decision made in accordance with the adopted policies of
5
a local planning authority for the protection and preservation of gardens or
green space in their local authority area, unless the Secretary of State or
planning authority can demonstrate that—
(a)
it is essential in the specific case to the achievement of national housing
targets; or
10
(b)
the decision of the local planning authority was improper.
(5)
Nothing in this section shall be construed as—
(a)
enabling the Secretary of State or higher tier planning authority to
impose targets for local housing densities on a local planning authority
in order to override the protection or preservation of gardens, or
15
(b)
interfering with permitted development rights.
Part 10
Wales
201
Powers of National Assembly for Wales
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly
20
measures: matters within Assembly’s legislative competence), after the
heading “Field 18: town and country planning” insert—

“Matter 18.1

Provision for and in connection with—
(a)
plans of the Welsh Ministers in relation to the
25
development and use of land in Wales, and
(b)
removing requirements for any such plans.

This does not include provision about the status to be given
to any such plans in connection with the decision on an
application for an order granting development consent under
30
the Planning Act 2008.

Matter 18.2

Provision for and in connection with the review by local
planning authorities of matters which may be expected to
affect—
35
(a)
the development of the authorities’ areas, or
(b)
the planning of the development of the authorities’
areas.

Matter 18.3

Provision for and in connection with—
40
(a)
plans of local planning authorities in relation to the
development and use of land in their areas, and
(b)
removing requirements for any such plans.

This does not include provision about the status to be given
to any such plans in connection with the decision on an
45
application for an order granting development consent under
the Planning Act 2008.

Planning Bill
Part 10 — Wales
116


Interpretation of this field

In this field—
“local planning authority” in relation to an area means—
(a)
a National Park authority, in relation to a
National Park in Wales;
5
(b)
a county council in Wales or a county borough
council, in any other case;
“Wales” has the meaning given by Schedule 1 to the
Interpretation Act 1978.”
202
Power to make provision in relation to Wales
10
(1)
The Welsh Ministers may by order make provision—
(a)
which has an effect in relation to Wales that corresponds to the effect an
England-only provision has in relation to England;
(b)
conferring power on the Welsh Ministers to do anything in relation to
Wales that corresponds to anything the Secretary of State has power to
15
do by virtue of an England-only provision.
(2)
The England-only provisions are—
section 182 (correction of errors in decisions);
section 187 (compensation where development order or local
development order withdrawn);
20
section 188 (power to make non-material changes to planning
permission);
section 192(1) and Schedule 9 (use of land: power to override easements
and other rights);
section 193 (applications and appeals by statutory undertakers);
25
section 194 and Schedule 10 (determination of procedure for certain
proceedings);
paragraphs 2(3) and (4) and 3(3) of Schedule 7.
(3)
Before an England-only provision is brought into force—
(a)
the reference in subsection (1)(a) to the effect an England-only
30
provision has is to be read as a reference to the effect the provision
would have, if it were in force;
(b)
the reference in subsection (1)(b) to anything the Secretary of State has
power to do by virtue of an England-only provision is to be read as a
reference to anything the Secretary of State would have power to do by
35
virtue of the provision, if it were in force.
(4)
The Welsh Ministers may by order make provision for the purpose of reversing
the effect of any provision made in exercise of the power conferred by
subsection (1).
(5)
The Secretary of State may make an order in consequence of an order under
40
subsection (1) for the purpose of ensuring that an England-only provision
continues to have (or will when brought into force have) the effect in relation
to England that it would have had if the order under subsection (1) had not
been made.
(6)
An order under this section may amend, repeal, revoke or otherwise modify a
45
provision of—
(a)
an Act, or

Planning Bill
Part 10 — Wales
117

(b)
an instrument made under an Act.
(7)
The powers of the Welsh Ministers to make orders under this section are
exercisable by statutory instrument.
(8)
Those powers include—
(a)
power to make different provision for different purposes (including
5
different areas);
(b)
power to make incidental, consequential, supplementary, transitional
or transitory provision or savings.
(9)
No order may be made by the Welsh Ministers under this section unless a draft
of the instrument containing the order has been laid before, and approved by
10
resolution of, the National Assembly for Wales.
203
Wales: transitional provision in relation to blighted land
(1)
During the transitional period the repeal by PCPA 2004 of paragraphs 1 to 4 of
Schedule 13 to TCPA 1990 in relation to Wales is subject to subsection (2).
(2)
That repeal does not affect anything which is required or permitted to be done
15
for the purposes of Chapter 2 of Part 6 of TCPA 1990 (interests affected by
planning proposals: blight) in relation to land falling within any of paragraphs
1, 2, 3 and 4 of Schedule 13 to TCPA 1990.
(3)
The transitional period is the period during which—
(a)
in the case of land falling within paragraph 1 of Schedule 13 to TCPA
20
1990, a structure plan continues to be or to be comprised in the
development plan for an area in Wales by virtue of Part 3 of Schedule 5
to the Local Government (Wales) Act 1994 (c. 19) and Part 1A of
Schedule 2 to TCPA 1990;
(b)
in the case of land falling within paragraph 2 of Schedule 13 to TCPA
25
1990, a local plan continues to be or to be comprised in the development
plan for an area in Wales by virtue of Part 3 of Schedule 5 to the Local
Government (Wales) Act 1994 and Part 1A of Schedule 2 to TCPA 1990;
(c)
in the case of land falling within paragraphs 3 or 4 of Schedule 13 to
TCPA 1990, a unitary development plan continues to form part of the
30
development plan for an area in Wales by virtue of article 3(1) and (2)
of the PCPA No.6 Order 2005.
(4)
In this section “PCPA No.6 Order 2005” means the Planning and Compulsory
Purchase Act 2004 (Commencement No.6, Transitional Provisions and
Savings) Order 2005 (S.I. 2005/2847).
35
(5)
This section is deemed to have come into force on the same day as the repeal of
paragraphs 1 to 4 of Schedule 13 to TCPA 1990 came into force in relation to
Wales (see Article 2(e) and (g) of the PCPA No.6 Order 2005).

Planning Bill
Part 11 — Community Infrastructure Levy
118

Part 11
Community Infrastructure Levy
204
The levy
(1)
The Secretary of State may with the consent of the Treasury make regulations
providing for the imposition of a charge to be known as Community
5
Infrastructure Levy (CIL).
(2)
In making the regulations the Secretary of State shall aim to ensure that the
overall purpose of CIL is to ensure that costs incurred in providing
infrastructure to support the development of an area can be funded (wholly or
partly) by owners or developers of land.
10
(3)
The Table describes the provisions of this Part.

Section
Topic

Section 205
The charge

Section 206
Joint committees

Sections 207 and 208
Liability

15

Section 209
Charities

Section 210
Amount

Sections 211 to 213
Charging schedule

Section 214
Appeals

Section 215
Application

20

Section 216
Collection

Section 217
Enforcement

Section 218
Compensation

Section 219
Procedure

Section 220
Secretary of State

25

Section 221
CIL regulations: general

Section 222
Relationship with other powers

Section 223
Amendments

Section 224
Repeals

(4)
In those sections regulations under this section are referred to as “CIL
30
regulations”.
205
The charge
(1)
A charging authority may charge CIL in respect of development of land in its
area.