Planning Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Planning Bill

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
157

insert—
“(1A)
Subsection (1) is subject to—
(a)
section 33(2) of the Planning Act 2008 (exclusion of powers to
authorise development);
(b)
section 120(9) of that Act (exclusion of power to include
5
ancillary provision in orders).”
53
In section 3 (orders as to inland waterways etc.) after subsection (1) insert—
“(1A)
Subsection (1) is subject to—
(a)
section 33(2) of the Planning Act 2008 (exclusion of powers to
authorise development);
10
(b)
section 120(9) of that Act (exclusion of power to include
ancillary provision in orders).”
Town and Country Planning (Scotland) Act 1997 (c. 8)
54
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
55
In section 28 (planning permission required for development) after
15
subsection (1) insert—
“(1A)
Subsection (1) is subject to section 31(1) of the Planning Act 2008
(exclusion of requirement for planning permission etc. for
development for which development consent required).”
56
In section 160(6) (tree preservation orders: exemptions) after paragraph (b)
20
insert—
“(ba)
it is authorised by an order granting development consent,”
57    (1)
Section 172 (preservation of trees in conservation areas) is amended as
follows.
      (2)
After subsection (1) insert—
25
“(1A)
Subsection (1) does not apply so far as the act in question is
authorised by an order granting development consent.”
      (3)
After subsection (5) insert—
“(5A)
Subsection (5) does not apply so far as the act in question is
authorised by an order granting development consent.”
30
58
In section 277(1) (interpretation) at the appropriate place insert—
““development consent” means development consent under the
Planning Act 2008;”
Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10)
59
The Planning (Hazardous Substances) (Scotland) Act 1997 is amended as
35
follows.
60
In section 7(2)(c) (determination of applications for hazardous substances
consent: material considerations) after “planning permission” insert “or
development consent”.
61
In section 8(1) (conditions on grant of hazardous substances consent) after
40
“planning permission” insert “or development consent”.

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
158

62    (1)
Section 10 (deemed hazardous substances consent: government
authorisation) is amended as follows.
      (2)
After subsection (2A) insert—
“(2B)
On making an order granting development consent in respect of
development that would involve the presence of a hazardous
5
substance in circumstances requiring hazardous substances consent,
the person making the order may direct that hazardous substances
consent shall be deemed to be granted, subject to such conditions (if
any) as may be specified in the direction.”
      (3)
For subsection (3) substitute—
10
“(3)
Before giving a direction under any of subsections (1) to (2B), the
person having power to give the direction must consult the Health
and Safety Commission.”
      (4)
In subsection (6)—
(a)
for the words from “government” to “Ministers” substitute “person”,
15
and
(b)
after “directions” insert “given by the person”.
63
In section 12(2)(b) (power to revoke or modify hazardous substances
consent)—
(a)
after “planning permission” insert “or development consent”, and
20
(b)
after “the permission” insert “or development consent”.
64
In section 38(1) (interpretation) at the appropriate place insert—
““development consent” means development consent under the
Planning Act 2008,”.
Housing and Regeneration Act 2008 (c. 17)
25
65
In section 13(5) of the Housing and Regeneration Act 2008 (power of
Secretary of State to make designation orders) in the definition of “permitted
purposes” at the end insert “, and
(d)
Part 8 of the Planning Act 2008,”.
Crossrail Act 2008 (c. 18)
30
66    (1)
Section 48 of the Crossrail Act 2008 (application of Act to extensions) is
amended as follows.
      (2)
Before subsection (1) insert—
“(A1)
Development consent under the Planning Act 2008 is not required
for—
35
(a)
an extension of Crossrail, or
(b)
the provision, otherwise than as part of an extension of
Crossrail, of a railway facility for use for the purposes of or in
connection with Crossrail.”
      (3)
In subsection (1) for paragraphs (a) and (b) substitute “a matter mentioned
40
in subsection (A1)(a) or (b).”
      (4)
In subsection (2) for “(1)” substitute “(A1)”.

Planning Bill
Schedule 3 — Examination of applications by Secretary of State
159

      (5)
In subsection (5) for “(1)” substitute “(A1)”.
Schedule 3
Section 113

Examination of applications by Secretary of State
Examination of matters by Commission: procedure
1     (1)
This paragraph applies if—
5
(a)
the Secretary of State gives a direction under section 112(1) in
relation to an application, and
(b)
for the purpose of the examination of the application under section
113(2)(a), the Secretary of State gives a direction under section
113(3)(a) for specified matters to be examined by the Commission.
10
      (2)
The Commission must secure that—
(a)
an examination of the specified matters is conducted by a Panel or a
single Commissioner, and
(b)
a report is made by the Panel or Commissioner to the Secretary of
State setting out the Panel or Commissioner’s findings and
15
conclusions on those matters.
      (3)
The Panel or single Commissioner must—
(a)
complete the examination under sub-paragraph (2)(a) by the end of
the period specified by the Secretary of State, and
(b)
report under sub-paragraph (2)(b) by the end of the period specified
20
by the Secretary of State.
      (4)
The Secretary of State may direct that things done in connection with the
examination of the application under Chapter 2 or 3 of Part 6 are to be
treated as done in connection with the examination under sub-paragraph
(2)(a).
25
      (5)
The following provisions of Part 6 apply in relation to the specified matters
as if for references to an application for an order granting development
consent there were substituted references to the specified matters —
(a)
in Chapter 1, sections 61(2) to (5), 62 and 63;
(b)
in Chapter 2, sections 64 (except subsection (1)(a)), 65 to 73, 74(2) to
30
(4) and 75 to 77;
(c)
in Chapter 3, sections 78 (except subsection (1)(a)), 79 to 82, and 83
(except subsection (2)(a));
(d)
in Chapter 4, sections 86 to 97 and 99 to 102.
      (6)
As applied by sub-paragraph (5), those provisions apply—
35
(a)
with any necessary modifications, and
(b)
with such other modifications as may be prescribed.
Examination of matters by Secretary of State: procedure
2     (1)
This paragraph applies if—
(a)
the Secretary of State gives a direction under section 112(1) in
40
relation to an application, and

Planning Bill
Schedule 3 — Examination of applications by Secretary of State
160

(b)
for the purpose of the examination of the application under section
113(2)(a), the Secretary of State is to conduct an examination of any
matters under section 113(3)(b).
      (2)
It is for the Secretary of State to decide how to conduct the examination
under section 113(3)(b).
5
      (3)
The Secretary of State may in particular decide that all or part of the
examination is to take the form of—
(a)
consideration of written representations;
(b)
consideration of oral representations at a hearing.
      (4)
The Secretary of State may treat things done in connection with the
10
examination of the application under Chapter 2 or 3 of Part 6 as done in
connection with the examination under section 113(3)(b).
      (5)
Sub-paragraph (6) applies if—
(a)
the direction under section 112(1) is given by virtue of section 110,
(b)
the Secretary of State has decided that all or part of the examination
15
is to take the form of consideration of oral representations at a
hearing, and
(c)
the Secretary of State is satisfied that—
(i)
the making of particular representations at the hearing
would be likely to result in the disclosure of information as to
20
defence or national security, and
(ii)
the public disclosure of that information would be contrary
to the national interest.
      (6)
The Secretary of State may direct that representations of a specified
description may be made only to persons of a specified description (instead
25
of being made in public).
      (7)
“Specified” means specified in the direction.
      (8)
The Secretary of State’s powers under sub-paragraphs (2) to (4) are subject
to—
(a)
sub-paragraphs (5) to (7), and
30
(b)
any rules made under paragraph 3.
      (9)
In this paragraph “representation” includes evidence.
Rules
3     (1)
The Lord Chancellor or (if sub-paragraph (2) applies) the Secretary of State,
after consultation with the Administrative Justice and Tribunals Council,
35
may make rules regulating the procedure to be followed in connection with
the Secretary of State’s examination of an application under section 113.
      (2)
This sub-paragraph applies if the development to which the application
relates (or part of the development) is the construction (other than by a gas
transporter) of an oil or gas cross-country pipe-line—
40
(a)
one end of which is in England or Wales, and
(b)
the other end of which is in Scotland.
      (3)
Rules under sub-paragraph (1) may make provision for or in connection
with authorising the Secretary of State, alone or with others, to enter onto
land, including land owned or occupied otherwise than by the applicant, for
45

Planning Bill
Schedule 3 — Examination of applications by Secretary of State
161

the purpose of inspecting the land as part of the Secretary of State’s
examination.
      (4)
Rules under sub-paragraph (1) may regulate procedure in connection with
matters preparatory to the Secretary of State’s examination, and in
connection with matters subsequent to the examination, as well as in
5
connection with the conduct of the examination.
      (5)
Power under this paragraph to make rules includes power to make different
provision for different purposes.
      (6)
Power under this paragraph to make rules is exercisable by statutory
instrument.
10
      (7)
A statutory instrument containing rules under this paragraph is subject to
annulment pursuant to a resolution of either House of Parliament.
Appointed representatives
4     (1)
Sub-paragraph (2) applies if the Secretary of State gives a direction under
paragraph 2(6) for representations of a specified description to be made only
15
to persons of a specified description (instead of being made in public).
      (2)
The Attorney General or (where the representations are to be made in
Scotland) the Advocate General for Scotland may appoint a person (an
“appointed representative”) to represent the interests of an interested party
who (by virtue of the direction) is prevented from being present when the
20
representations are made.
      (3)
“Interested party” means a person who is an interested party in relation to
the application for the purposes of Chapter 4 of Part 6 (see section 102).
      (4)
Rules under paragraph 3 may make provision as to the functions of an
appointed representative.
25
      (5)
The Secretary of State may direct a person (a “responsible person”) to pay
the fees and expenses of an appointed representative, if the Secretary of State
thinks that the responsible person is interested in the hearing in relation to
any representations that are the subject of the direction under paragraph
2(6).
30
      (6)
If the Secretary of State gives a direction under sub-paragraph (5) and the
appointed representative and the responsible person are unable to agree the
amount of the fees and expenses, the amount must be determined by the
Secretary of State.
      (7)
The Secretary of State must cause the amount agreed between the appointed
35
representative and the responsible person, or determined by the Secretary of
State, to be certified.
      (8)
An amount so certified is recoverable from the responsible person as a civil
debt.