Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

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224
Community Infrastructure Levy: repeals
(1)
The following provisions of PCPA 2004 shall cease to have effect—
(a)
sections 46 to 48 (planning contribution), and
(b)
paragraph 5 of Schedule 6 (repeal of sections 106 to 106B of TCPA 1990
(planning obligations)).
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(2)
The Treasury may by order repeal the Planning-gain Supplement
(Preparations) Act 2007 (c. 2).
Part 12
Final provisions
The Crown and Parliament
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225
The Crown
(1)
This Act binds the Crown, subject to subsections (2) and (3).
(2)
Sections 40, 54, 135, 165, 227 and 230 make special provision in relation to the
application of some provisions of this Act to the Crown.
(3)
The amendments made by this Act bind the Crown only to the extent that the
15
provisions amended bind the Crown.
226
“Crown land” and “the appropriate Crown authority”
(1)
In this Act, “Crown land” and “the appropriate Crown authority” must be read
in accordance with this section.
(2)
“Crown land” is land in which there is a Crown interest or a Duchy interest.
20
(3)
For the purposes of this section, a Crown interest is any of the following—
(a)
an interest belonging to Her Majesty in right of the Crown or in right of
Her private estates;
(b)
an interest belonging to a government department or held in trust for
Her Majesty for the purposes of a government department;
25
(c)
an interest belonging to an office-holder in the Scottish Administration
or held in trust for Her Majesty for the purposes of the Scottish
Administration by such an office-holder;
(d)
the interest of the Speaker of the House of Lords in those parts of the
Palace of Westminster and its precincts occupied on 23 March 1965 by
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or on behalf of the House of Lords;
(e)
the interest of the Speaker of the House of Commons in those parts of
the Palace of Westminster and its precincts occupied on 23 March 1965
by or on behalf of the House of Commons;
(f)
the interest in any land of—
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(i)
the Corporate Officer of the House of Lords;
(ii)
the Corporate Officer of the House of Commons;
(iii)
those two Corporate Officers acting jointly;
(g)
such other interest as the Secretary of State specifies by order.
(4)
For the purposes of this section, a Duchy interest is—
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(a)
an interest belonging to Her Majesty in right of the Duchy of Lancaster,
or
(b)
an interest belonging to the Duchy of Cornwall.
(5)
“The appropriate Crown authority” in relation to any land is—
(a)
in the case of land belonging to Her Majesty in right of the Crown and
5
forming part of the Crown Estate, the Crown Estate Commissioners;
(b)
in relation to any other land belonging to Her Majesty in right of the
Crown, the government department or, as the case may be, office-
holder in the Scottish Administration, having the management of the
land;
10
(c)
in relation to land belonging to Her Majesty in right of Her private
estates, a person appointed by Her Majesty in writing under the Royal
Sign Manual or, if no such appointment is made, the Secretary of State;
(d)
in relation to land belonging to Her Majesty in right of the Duchy of
Lancaster, the Chancellor of the Duchy;
15
(e)
in relation to land belonging to the Duchy of Cornwall, such person as
the Duke of Cornwall, or the possessor for the time being of the Duchy,
appoints;
(f)
in the case of land belonging to a government department or held in
trust for Her Majesty for the purposes of a government department, the
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department;
(g)
in the case of land belonging to an office-holder in the Scottish
Administration or held in trust for Her Majesty for the purposes of such
an office-holder, the office-holder;
(h)
in relation to Westminster Hall and the Chapel of St Mary Undercroft,
25
the Lord Great Chamberlain and the Speakers of the House of Lords
and the House of Commons acting jointly;
(i)
in relation to Her Majesty’s Robing Room in the Palace of Westminster,
the adjoining staircase and ante-room and the Royal Gallery, the Lord
Great Chamberlain.
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(j)
in relation to land in which there is a Crown interest by virtue of
subsection (3)(d) or (f)(i), the Corporate Officer of the House of Lords;
(k)
in relation to land in which there is a Crown interest by virtue of
subsection (3)(e) or (f)(ii), the Corporate Officer of the House of
Commons;
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(l)
in relation to land in which there is a Crown interest by virtue of
subsection (3)(f)(iii), those two Corporate Officers acting jointly.
(6)
If any question arises as to what authority is the appropriate Crown authority
in relation to any land it must be referred to the Treasury, whose decision is
final.
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(7)
References to Her Majesty’s private estates must be construed in accordance
with section 1 of the Crown Private Estates Act 1862 (c. 37).
(8)
References to an office-holder in the Scottish Administration are to be
construed in accordance with section 126(7) of the Scotland Act 1998 (c. 46).
227
Enforcement in relation to the Crown and Parliament
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(1)
No act or omission done or suffered by or on behalf of the Crown constitutes
an offence under this Act.

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(2)
For the purposes of this section “the Crown” includes—
(a)
the Duchy of Lancaster;
(b)
the Duchy of Cornwall;
(c)
the Speaker of the House of Lords;
(d)
the Speaker of the House of Commons;
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(e)
the Corporate Officer of the House of Lords;
(f)
the Corporate Officer of the House of Commons.
Service of notices and other documents
228
Service of notices: general
(1)
A notice or other document required or authorised to be served, given or
10
supplied under this Act may be served, given or supplied in any of these
ways—
(a)
by delivering it to the person on whom it is to be served or to whom it
is to be given or supplied,
(b)
by leaving it at the usual or last known place of abode of that person or,
15
in a case where an address for service has been given by that person, at
that address,
(c)
by sending it by post, addressed to that person at that person’s usual or
last known place of abode or, in a case where an address for service has
been given by that person, at that address,
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(d)
by sending it in a prepaid registered letter, or by the recorded delivery
service, addressed to that person at that person’s usual or last known
place of abode or, in a case where an address for service has been given
by that person, at that address,
(e)
in a case where an address for service using electronic communications
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has been given by that person, by sending it using electronic
communications, in accordance with the condition set out in subsection
(2), to that person at that address,
(f)
in the case of an incorporated company or body—
(i)
by delivering it to the secretary or clerk of the company or body
30
at their registered or principal office,
(ii)
by sending it by post, addressed to the secretary or clerk of the
company or body at that office,
(iii)
by sending it in a prepaid registered letter or, or by the recorded
delivery service, addressed to the secretary or clerk of the
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company or body at that office.
(2)
The condition mentioned in subsection (1)(e) is that the notice or other
document must be—
(a)
capable of being accessed by the person mentioned in that provision,
(b)
legible in all material respects, and
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(c)
in a form sufficiently permanent to be used for subsequent reference.
(3)
For the purposes of subsection (2), “legible in all material respects” means that
the information contained in the notice or document is available to that person
to no lesser extent than it would be if served, given or supplied by means of a
notice or document in printed form.
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(4)
Subsection (1)(c), (e) and (f)(ii) do not apply to the service, giving or supply of
any of the following—
(a)
notice under section 53(4)(b);
(b)
a compulsory acquisition notice under section 134;
(c)
notice under section 162(3);
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(d)
an information notice under section 166;
(e)
a notice of unauthorised development under section 168.
(5)
This section is without prejudice to section 233 of the Local Government Act
1972 (c. 70) (general provisions as to service of notices by local authorities).
(6)
This section is subject to any contrary provision made by or under this Act.
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229
Service of documents to persons interested in or occupying premises
(1)
Subsection (2) applies if—
(a)
a notice or document is required or authorised to be served on or given
or supplied to any person as having an interest in premises, and the
name of that person cannot be ascertained after reasonable inquiry, or
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(b)
a notice or document is required or authorised to be served on or given
or supplied to any person as an occupier of premises.
(2)
The notice or document is to be taken to be duly served, given or supplied if
either the condition in subsection (3) or the condition in subsection (4) is met.
(3)
The condition is that the notice or document—
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(a)
is addressed to the person either by name or by the description of “the
owner” or, as the case may be, “the occupier” of the premises
(describing them), and
(b)
is delivered or sent—
(i)
in the case of a notice mentioned in section 228(4), in the manner
25
specified in section 228(1)(a), (b) or (d), and
(ii)
in any other case, in the manner specified in section 228(1)(a),
(b), (c) or (d).
(4)
The condition is that the notice or document is so addressed and is marked in
such a manner as may be prescribed for securing that it is plainly identifiable
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as an important communication and—
(a)
it is sent to the premises in a prepaid registered letter or by the recorded
delivery service and is not returned to the authority sending it, or
(b)
it is delivered to a person on those premises, or is affixed conspicuously
to an object on those premises.
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(5)
Subsection (6) applies if—
(a)
a notice or other document is required to be served on or given or
supplied to all persons who have interests in or are occupiers of
premises comprised in any land, and
(b)
it appears to the authority required or authorised to serve, give or
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supply the notice or other document that any part of that land is
unoccupied.
(6)
The notice or other document is to be taken to be duly served on or given or
supplied to all persons having interests in, and on any occupiers of, premises
comprised in that part of the land (other than a person who has given to that
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authority an address for the service of the notice or document on him) if—

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(a)
it is addressed to “the owners and any occupiers” of that part of the
land (describing it), and
(b)
it is affixed conspicuously to an object on the land.
(7)
This section is subject to any contrary provision made by or under this Act.
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Service of notices on the Crown and Parliament
5
(1)
Any notice or other document required under this Act to be served on or given
or supplied to the Crown must be served on or given or supplied to the
appropriate Crown authority.
(2)
Sections 228 and 229 do not apply for the purposes of the service, giving or
supply of such a notice or document.
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(3)
For the purposes of this section “the Crown” includes—
(a)
the Duchy of Lancaster;
(b)
the Duchy of Cornwall;
(c)
the Speaker of the House of Lords;
(d)
the Speaker of the House of Commons;
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(e)
the Corporate Officer of the House of Lords;
(f)
the Corporate Officer of the House of Commons.
General
231
Orders and regulations
(1)
Subsections (2) and (3) apply to a power to make an order or regulations
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conferred on the Secretary of State by this Act, except—
(a)
power to make an order granting development consent;
(b)
a power conferred by paragraph 1(4) of Schedule 4;
(c)
a power to make changes to, or revoke, an order granting development
consent;
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(d)
a power conferred by Part 11 or section 236 or 240.
(2)
The power is exercisable by statutory instrument.
(3)
The power includes—
(a)
power to make different provision for different purposes (including
different areas);
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(b)
power to make incidental, consequential, supplementary, transitional
or transitory provision or savings.
(4)
A statutory instrument containing an order or regulations under this Act is
subject to annulment pursuant to a resolution of either House of Parliament.

This is subject to subsection (5) (and section 221(5)).
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(5)
Subsection (4) does not apply to a statutory instrument containing—
(a)
an order granting development consent;
(b)
an order made by virtue of paragraph 1(8) of Schedule 4;
(c)
an order changing or revoking an order granting development consent;
(d)
an order under section 14(3), 111, 159(3), 160(5), 171(1), 202(5) or
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226(3)(g);

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(e)
regulations under section 104(2)(c) or 105(2)(b).
(6)
No order may be made under section 14(3), 111, 159(3), 160(5), 202(5) or
226(3)(g) unless a draft of the instrument containing the order has been laid
before, and approved by resolution of, each House of Parliament.
(7)
No regulations may be made under section 104(2)(c) or 105(2)(b) unless a draft
5
of the instrument containing the regulations has been laid before, and
approved by resolution of, each House of Parliament.
232
Directions
(1)
A direction given under this Act must be in writing.
(2)
A power conferred by this Act to give a direction includes power to vary or
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revoke the direction.
233
Abbreviated references to Acts
In this Act—
“the Hazardous Substances Act” means the Planning (Hazardous
Substances) Act 1990 (c. 10);
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“the Listed Buildings Act” means the Planning (Listed Buildings and
Conservation Areas) Act 1990 (c. 9);
“PCPA 2004” means the Planning and Compulsory Purchase Act 2004
(c. 5);
“TCPA 1990” means the Town and Country Planning Act 1990 (c. 8).
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234
Interpretation
(1)
In this Act (except in Part 11)—
“airport” has the meaning given by section 82(1) of the Airports Act 1986
(c. 31);
“alteration”, in relation to an airport, must be read in accordance with
25
section 23(6);
“alteration”, in relation to a highway, includes stopping up the highway
or diverting, improving, raising or lowering it;
“appropriate Crown authority” has the meaning given by section 226;
“building” has the meaning given by section 336(1) of TCPA 1990;
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“the Commission” means the Infrastructure Planning Commission;
“Commissioner” means a member of the Commission;
“construction”, in relation to so much of a generating station as comprises
or is to comprise renewable energy installations, has the same meaning
as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104
35
of that Act) (and related expressions must be read accordingly);
“construction”, in relation to a pipe-line, includes placing (and related
expressions must be read accordingly);
“the Council” means the Commission’s Council;
“cross-country pipe-line” has the same meaning as in the Pipe-lines Act
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1962 (c. 58) (see section 66 of that Act);
“Crown land” has the meaning given by section 226;
“decision-maker” has the meaning given by section 103(2);
“development” has the meaning given by section 32;

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“development consent” has the meaning given by section 31;
“electric line” has the same meaning as in Part 1 of the Electricity Act 1989
(c. 29) (see section 64(1) of that Act);
“extension”, in relation to a generating station, has the meaning given by
section 36(9) of the Electricity Act 1989 (and “extend” must be read
5
accordingly);
“gas” includes natural gas;
“gas reception facility” must be read in accordance with section 19(3);
“gas transporter” has the same meaning as in Part 1 of the Gas Act 1986
(c. 44) (see section 7(1) of that Act);
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“generating station” has the same meaning as in Part 1 of the Electricity
Act 1989 (see section 64(1) of that Act);
“goods” has the meaning given by section 83(1) of the Railways Act 1993
(c. 43);
“Green Belt land” has the meaning given by section 2(1) of the Green Belt
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(London and Home Counties) Act 1938 (c. xciii);
“harbour” and “harbour authority” have the meanings given by section
57(1) of the Harbours Act 1964 (c. 40);
“highway” has the meaning given by section 328 of the Highways Act
1980 (c. 66);
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“highway authority” has the same meaning as in the Highways Act 1980
(see sections 1 to 3 of that Act);
“improvement”, in relation to a highway, has the meaning given by
section 329(1) of the Highways Act 1980;
“inland waters” has the same meaning as in the Water Resources Act 1991
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(c. 57) (see section 221(1) of that Act);
“land” includes buildings and monuments, and land covered with water,
and in relation to Part 7 must be read in accordance with section 158;
“LNG facility” must be read in accordance with section 18(3);
“local planning authority” has the same meaning as in TCPA 1990 (see
30
section 336(1) of that Act);
“monument” has the same meaning as in the Ancient Monuments and
Archaeological Areas Act 1979 (c. 46) (see section 61 of that Act);
“nationally significant infrastructure project” has the meaning given by
Part 3;
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“national policy statement” has the meaning given by section 5(2);
“natural gas” means any gas derived from natural strata (including gas
originating outside the United Kingdom);
“navigable watercourse” has the same meaning as in Part 6 of the
Highways Act 1980 (see section 111(1) of that Act);
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“non-navigable watercourse” means a watercourse that is not a navigable
watercourse;
“pipe-line” has the meaning given by section 65 of the Pipe-lines Act 1962
(c. 58);
“planning permission” means permission under Part 3 of TCPA 1990;
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“prescribed” means prescribed by regulations made by the Secretary of
State (except in relation to matters authorised or required by this Act to
be prescribed in another way);
“rail freight interchange” means a facility for the transfer of goods
between railway and road, or between railway and another form of
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transport;