Planning Bill

House of Commons

Session 2007 - 08
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Planning Bill

Planning Bill
Schedule 6 — Changes to, and revocation of, orders granting development consent
169

Changes to, and revocation of, orders: supplementary
4     (1)
An application under paragraph 3 must be—
(a)
made in the prescribed form and manner, and
(b)
accompanied by information of a prescribed description.
      (2)
Sub-paragraph (3) applies in relation to an application under paragraph 3(4)
5
made by or on behalf of a person with an interest in some, but not all, of the
land to which the development consent order relates.
      (3)
The application may be made only in respect of so much of the order as
affects the land in which the person has an interest.
      (4)
The Secretary of State may by regulations make provision about—
10
(a)
the procedure to be followed before an application under paragraph
3 is made;
(b)
the making of such an application;
(c)
the decision-making process in relation to the exercise of the power
conferred by paragraph 3(1);
15
(d)
the making of the decision as to whether to exercise that power;
(e)
the effect of a decision to exercise that power.
      (5)
Paragraphs (c) to (e) of sub-paragraph (4) apply in relation to the exercise of
the power conferred by paragraph 3(1)—
(a)
on an application under paragraph 3, or
20
(b)
on the initiative of the appropriate authority under paragraph 3(3) or
(7).
      (6)
If a development consent order is changed or revoked in the exercise of the
power conferred by paragraph 3(1), the appropriate authority must give
notice of the change or revocation to such persons as may be prescribed.
25
      (7)
If a development consent order was required to be contained in a statutory
instrument, an order changing or revoking the development consent order
made in the exercise of the power conferred by paragraph 3(1) must also be
contained in a statutory instrument.
      (8)
If the instrument containing the order is made by the Commission, the
30
Statutory Instruments Act 1946 (c. 36) applies in relation to the instrument
as if it had been made by a Minister of the Crown.
      (9)
As soon as practicable after the instrument is made, the appropriate
authority must deposit a copy of it in the office of the Clerk of the
Parliaments.
35
5     (1)
This paragraph applies in relation to the power conferred by paragraph 3(1)
to make a change to, or revoke, a development consent order.
      (2)
The power may not be exercised after the end of the period of 4 years
beginning with the date on which the relevant development was
substantially completed.
40
      (3)
Sub-paragraph (2) does not prevent the exercise of the power—
(a)
in relation to requirements imposed by the development consent
order in connection with the relevant development, or
(b)
to revoke the development consent order.

Planning Bill
Schedule 6 — Changes to, and revocation of, orders granting development consent
170

      (4)
The power includes power—
(a)
to require the removal or alteration of buildings or works;
(b)
to require the discontinuance of a use of land;
(c)
to impose specified requirements in connection with the continuance
of a use of land;
5
(d)
to impose new requirements in connection with the relevant
development;
(e)
to remove or alter existing requirements.
      (5)
Subject to sub-paragraph (4)(a), the exercise of the power does not affect any
building or other operations carried out in pursuance of the development
10
consent order before the power is exercised.
      (6)
The power may not be exercised in relation to provision included in an order
granting development consent by virtue of any of paragraphs 27 to 30 of
Schedule 5 (deemed consent under Coast Protection Act 1949 (c. 74) and
deemed licences under Food and Environment Protection Act 1985 (c. 48)).
15
      (7)
“The relevant development” is the development for which consent is
granted by the development consent order.
Compensation
6     (1)
This paragraph applies if—
(a)
in exercise of the power conferred by paragraph 3, the appropriate
20
authority makes a change to, or revokes, a development consent
order,
(b)
the case in which the power is exercised is one falling within sub-
paragraph (3), (6) or (7) of that paragraph,
(c)
on a claim for compensation under this paragraph it is shown that a
25
person with an interest in the land, or for whose benefit the
development consent order has effect—
(i)
has incurred expenditure in carrying out work which is
rendered abortive by the change or revocation, or
(ii)
has otherwise sustained loss or damage which is directly
30
attributable to the change or revocation, and
(d)
the claim is made to the appropriate authority in the prescribed
manner and before the end of the prescribed period.
      (2)
Compensation in respect of the expenditure, loss or damage is payable to the
person by—
35
(a)
the appropriate authority, if the change or revocation is made in a
case falling within paragraph 3(3);
(b)
the Secretary of State, if the change or revocation is made in a case
falling within paragraph 3(6) or (7).
      (3)
The reference in sub-paragraph (1)(c)(i) to expenditure incurred in carrying
40
out any work includes a reference to expenditure incurred —
(a)
in the preparation of plans for the purposes of the work, or
(b)
on other similar matters preparatory to carrying out the work.
      (4)
Subject to sub-paragraph (3), no compensation is to be paid under this
paragraph—
45

Planning Bill
Schedule 7 — Power to decline to determine applications: amendments
171

(a)
in respect of any work carried out before the development consent
order was made, or
(b)
in respect of any other loss or damage arising out of anything done
or omitted to be done before the development consent order was
made (other than loss or damage consisting of depreciation of the
5
value of an interest in land).
      (5)
The Secretary of State may by regulations make provision about the
assessment of compensation payable under this paragraph.
      (6)
The regulations may in particular include provision—
(a)
for the reference of disputes about compensation for depreciation to,
10
and the determination of such disputes by, the Lands Tribunal, the
Lands Tribunal for Scotland, the First-tier Tribunal or the Upper
Tribunal;
(b)
applying, with or without modifications, a provision of or made
under an Act.
15
7     (1)
In this paragraph “compensation for depreciation” means compensation
payable under paragraph 6 in respect of loss or damage consisting of
depreciation of the value of an interest in land.
      (2)
The Secretary of State may by regulations make provision about the
apportionment of compensation for depreciation between different parts of
20
the land to which the claim for the compensation relates.
      (3)
The regulations may in particular include provision about—
(a)
who is to make an apportionment;
(b)
the persons to whom notice of an apportionment is to be given;
(c)
how an apportionment is to be made;
25
(d)
the reference of disputes about an apportionment to, and the
determination of such disputes by, the Lands Tribunal, the Lands
Tribunal for Scotland, the First-tier Tribunal or the Upper Tribunal.
      (4)
The Secretary of State may by regulations make provision for, and in
connection with, the giving of notice of compensation for depreciation.
30
      (5)
The regulations may in particular include provision about—
(a)
the persons to whom notice of compensation for depreciation is to be
given;
(b)
the status of such a notice;
(c)
the registration of such a notice.
35
Schedule 7
Section 185

Power to decline to determine applications: amendments
Town and Country Planning Act 1990 (c. 8)
1
TCPA 1990 is amended as follows.
2     (1)
Section 70A (power of local planning authority to decline to determine
40
subsequent application) is amended as follows.

Planning Bill
Schedule 7 — Power to decline to determine applications: amendments
172

      (2)
At the end of subsection (4)(b) insert “or, if there has been such an appeal, it
has been withdrawn”.
      (3)
After subsection (4) insert—
“(4A)
A local planning authority in England may also decline to determine
a relevant application if—
5
(a)
the condition in subsection (4B) is satisfied, and
(b)
the authority think there has been no significant change in the
relevant considerations since the relevant event.
(4B)
The condition is that—
(a)
in the period of two years ending with the date on which the
10
application mentioned in subsection (4A) is received the
Secretary of State has refused a similar application,
(b)
the similar application was an application deemed to have
been made by section 177(5), and
(c)
the land to which the application mentioned in subsection
15
(4A) and the similar application relate is in England.”
      (4)
In subsection (7)(a) for “and (4)” substitute “, (4) and (4B)”.
3     (1)
Section 70B (power of local planning authority to decline to determine
overlapping application) is amended as follows.
      (2)
In subsection (1) after “which is” insert “—
20
(a)
made on the same day as a similar application, or
(b)
”.
      (3)
After subsection (4) insert—
“(4A)
A local planning authority in England may also decline to determine
an application for planning permission for the development of any
25
land in England which is made at a time when the condition in
subsection (4B) applies in relation to a similar application.
(4B)
The condition is that—
(a)
a similar application is under consideration by the Secretary
of State,
30
(b)
the similar application is an application deemed to have been
made by section 177(5), and
(c)
the Secretary of State has not issued his decision.”
      (4)
After subsection (6) insert—
“(7)
If a local planning authority exercise their power under subsection
35
(1)(a) to decline to determine an application made on the same day
as a similar application, they may not also exercise that power to
decline to determine the similar application.”
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
4
The Listed Buildings Act is amended as follows.
40
5
In section 81A (power of local planning authority to decline to determine
subsequent application) at the end of subsection (4)(b) insert “or, if there has
been such an appeal, it has been withdrawn”.

Planning Bill
Schedule 8 — Tree preservation orders: further amendments
173

6     (1)
Section 81B (power of local planning authority to decline to determine
overlapping application) is amended as follows.
      (2)
In subsection (1) after “which is” insert “—
(a)
made on the same day as a similar application, or
(b)
”.
5
      (3)
After subsection (4) insert—
“(4A)
If a local planning authority exercise their power under subsection
(1)(a) to decline to determine an application made on the same day
as a similar application, they may not also exercise that power to
decline to determine the similar application.”
10
Planning and Compulsory Purchase Act 2004 (c. 5)
7
In section 121 of PCPA 2004 (commencement) after subsection (3) insert—
“(3A)
Subsections (1) and (2) are subject to subsection (3B).
(3B)
Section 43 (power to decline to determine applications) (so far as not
in force on the day on which paragraph 7 of Schedule 7 of the
15
Planning Act 2008 comes into force) comes into force on such day as
may be appointed by order made by—
(a)
the Secretary of State in relation to England;
(b)
the Welsh Ministers in relation to Wales.”
Schedule 8
20
Section 190

Tree preservation orders: further amendments
Forestry Act 1967 (c. 10)
1
The Forestry Act 1967 is amended as follows.
2     (1)
Section 15 (trees subject to preservation orders under Planning Acts) is
amended as follows.
25
      (2)
In subsection (1) for “consent under the order” substitute “relevant consent”.
      (3)
After subsection (1) insert—
“(1A)
In subsection (1) “relevant consent” means—
(a)
in the case of trees in England and Wales, consent under tree
preservation regulations;
30
(b)
in the case of trees in Scotland, consent under the tree
preservation order.”
      (4)
In subsection (5) for the words from “application” to “thereunder” substitute
“relevant application shall be entertained”.
      (5)
After subsection (5) insert—
35
“(5A)
In subsection (5) “relevant application” means—

Planning Bill
Schedule 8 — Tree preservation orders: further amendments
174

(a)
in the case of trees in England and Wales, an application
under tree preservation regulations for consent under the
regulations;
(b)
in the case of trees in Scotland, an application under a tree
preservation order for consent under the order.”
5
3
In section 18 (felling directions), in subsection (5) for the words from “shall”
to the end substitute “shall be sufficient authority for the felling,
notwithstanding anything in—
(a)
tree preservation regulations, in the case of trees in England or
Wales;
10
(b)
the tree preservation order, in the case of trees in Scotland.
4
In section 21 (courses open to person adversely affected by felling direction),
in subsection (7), after “a tree preservation order” insert “, or under tree
preservation regulations,”.
5
In section 35 (interpretation of Part 2) at the appropriate place insert—
15
““tree preservation regulations” means regulations made under
section 202A(1) of the Town and Country Planning Act
1990;”.
6     (1)
Schedule 3 (proceedings under Town and Country Planning Acts in relation
to tree preservation orders) is amended as follows.
20
      (2)
In paragraph 2—
(a)
for “under the said Acts” substitute “under the Town and Country
Planning (Scotland) Act 1997”,
(b)
omit the words from “section 77” to “(for Scotland)”,
(c)
for “provisions of the said Acts” substitute “provisions of that Act”,
25
and
(d)
omit “the said section 77 or (for Scotland)”.
      (3)
After paragraph 2 insert—
“2A   (1)
Where under section 15(2)(a) an application, on being referred to
the appropriate national authority, falls to be dealt with under the
30
Town and Country Planning Act 1990, the appropriate national
authority must decide the application as if it were an application
for consent for the felling of trees made under tree preservation
regulations.
      (2)
In this paragraph, “the appropriate national authority” means—
35
(a)
the Secretary of State in relation to England;
(b)
the Welsh Ministers in relation to Wales.”.
      (4)
In paragraph 3—
(a)
for “the Town and Country Planning Acts” substitute “the Town and
Country Planning (Scotland) Act 1997”, and
40
(b)
for “the Town and Country Planning Act 1990 or (for Scotland) the
Town and Country Planning (Scotland) Act 1997” substitute “that
Act”.
      (5)
After paragraph 3 insert—
“3A
Where under section 15(3)(a) an application, on being referred to
45
an authority who have made a tree preservation order, falls to be

Planning Bill
Schedule 8 — Tree preservation orders: further amendments
175

dealt with under the Town and Country Planning Act 1990, the
authority must decide the application as if it were an application
for consent for the felling of trees made under tree preservation
regulations.”.
Town and Country Planning Act 1990 (c. 8)
5
7
TCPA 1990 is amended as follows.
8
In section 198(7) (provisions subject to which section has effect), for “This
section” substitute “Tree preservation regulations”.
9
In section 200(1) (tree preservation orders do not affect things done or
approved by Forestry Commissioners), for “A tree preservation order does
10
not” substitute “Tree preservation regulations do not”.
10
In section 202(2) (effect of order made by Secretary of State or Welsh
Ministers), for the words from “have the same effect” to the end substitute “,
once it has taken effect in accordance with tree preservation regulations,
have the same effect as if it had been made by the local planning authority
15
under section 198(1).”
11
In section 206(1) (duty to plant replacement tree)—
(a)
in paragraph (a), for “the order” substitute “tree preservation
regulations”, and
(b)
in paragraph (b), for the words from “at a time” to the end of the
20
paragraph substitute “at a prescribed time,”.
12
In section 207(1) (enforcement of duties to replace trees), in paragraph (b),
for “a tree preservation order” substitute “tree preservation regulations”.
13    (1)
Section 210 (penalties for non-compliance with tree preservation order) is
amended as follows.
25
      (2)
In subsection (1)—
(a)
for “a tree preservation order” substitute “tree preservation
regulations”,
(b)
in paragraph (a) omit the “or” at the end, and
(c)
after paragraph (b) insert—“or
30
(c)
causes or permits the carrying out of any of the
activities in paragraph (a) or (b),”.
      (3)
In subsection (4), for “a tree preservation order” substitute “tree preservation
regulations”.
      (4)
In the side-note, for “order” substitute “regulations”.
35
14
In section 211 (preservation of trees in conservation areas)—
(a)
in subsection (1), for “which might by virtue of section 198(3)(a) be
prohibited by a tree preservation order” substitute “which might by
virtue of section 202C be prohibited by tree preservation
regulations”, and
40
(b)
in subsection (4), for “a tree preservation order” substitute “tree
preservation regulations”.
15
In section 212 (power to disapply section 211) omit subsection (4).