Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Schedule 9 — Use of land: power to override easements and other rights
176

16
In section 213(1)(b) (duty to plant replacement tree in conservation area), for
the words from “at a time” to the end of the paragraph substitute “at a
prescribed time,”.
17
In section 284(3)(h)(i) (decision relating to an application for consent under
a tree preservation order is an action to which the section applies), for “a tree
5
preservation order” substitute “tree preservation regulations”.
18
In section 329(3B)(i) (section 329(1)(cc) does not apply to things done in
connection with tree preservation orders), for “regulations under section
199” substitute “tree preservation regulations”.
19
In section 336(1) (interpretation) at the appropriate place insert—
10
““tree preservation regulations” means regulations under
section 202A(1);”.
Planning and Compensation Act 1991 (c. 34)
20    (1)
Part 1 of Schedule 18 to the Planning and Compensation Act 1991
(compensation provisions that do not provide for interest) is amended as
15
follows.
      (2)
After the entry for section 186 of the Town and Country Planning Act 1990
(c. 8) insert—

“Section 202E of that Act
Date—

(a)
any consent required by tree

20

preservation regulations is refused,

(b)
any such consent is granted subject to

conditions, or

(c)
any approval required under such a

condition is refused.”

25
      (3)
Omit the entries for sections 203 and 204 of the Town and Country Planning
Act 1990.
Schedule 9
Section 192

Use of land: power to override easements and other rights
Local Government, Planning and Land Act 1980 (c. 65)
30
1     (1)
Paragraph 6 of Schedule 28 to the Local Government, Planning and Land Act
1980 (urban development corporations: power to override easements) is
amended as follows.
      (2)
After sub-paragraph (1) insert—
   “(1A)
The use of any land in England which has been vested in or
35
acquired by an urban development corporation or local highway
authority for the purposes of this Part of this Act, whether the use
is by the corporation or authority or by any other person, is
authorised by virtue of this paragraph if it is in accordance with
planning permission even if the use involves—
40

Planning Bill
Schedule 9 — Use of land: power to override easements and other rights
177

(a)
interference with an interest or right to which this
paragraph applies, or
(b)
a breach of a restriction as to the user of land arising by
virtue of a contract.”
      (3)
In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.
5
      (4)
In sub-paragraph (4)—
(a)
after “sub-paragraph (1)” insert “or (1A)”, and
(b)
after “works on” insert “, or use of,”.
      (5)
In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.
New Towns Act 1981 (c. 64)
10
2     (1)
Section 19 of the New Towns Act 1981 (power to override easements and
other rights) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
Subject to subsection (3), the use of any land in England which has
been acquired by a development corporation or local highway
15
authority for the purposes of this Act, whether the use is by the
corporation or authority or by any other person, is authorised by
virtue of this section if it is in accordance with planning permission
even if the use involves—
(a)
interference with an interest or right to which this section
20
applies, or
(b)
a breach of a restriction as to the user of land arising by virtue
of a contract.”
      (3)
In subsection (2) after “subsection (1)” insert “or (1A)”.
      (4)
In subsection (4)—
25
(a)
after “subsection (1)” insert “or (1A)”, and
(b)
in paragraph (b) after “works on” insert “, or use of,”.
      (5)
In subsection (7) after “subsection (1)” insert “or (1A)”.
Housing Act 1988 (c. 50)
3     (1)
Paragraph 5 of Schedule 10 to the Housing Act 1988 (power to override
30
easements) is amended as follows.
      (2)
After sub-paragraph (1) insert—
   “(1A)
The use of any land in England which has been vested in or
acquired by a housing action trust for the purposes of Part 3 of this
Act, whether the use is by the trust or by any other person, is
35
authorised by virtue of this paragraph if it is in accordance with
planning permission even if the use involves—
(a)
interference with an interest or right to which this
paragraph applies, or
(b)
a breach of a restriction as to the user of land arising by
40
virtue of a contract.”
      (3)
In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.

Planning Bill
Schedule 9 — Use of land: power to override easements and other rights
178

      (4)
In sub-paragraph (4)—
(a)
after “sub-paragraph (1)” insert “or (1A)”, and
(b)
after “works on” insert “, or use of,”.
      (5)
In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.
Town and Country Planning Act 1990 (c. 8)
5
4     (1)
Section 237 of TCPA 1990 (power to override easements and other rights) is
amended as follows.
      (2)
After subsection (1) insert—
“(1A)
Subject to subsection (3), the use of any land in England which has
been acquired or appropriated by a local authority for planning
10
purposes (whether the use is by the local authority or by a person
deriving title under them) is authorised by virtue of this section if it
is in accordance with planning permission even if the use involves—
(a)
interference with an interest or right to which this section
applies, or
15
(b)
a breach of a restriction as to the user of land arising by virtue
of a contract.”
      (3)
In subsection (4)—
(a)
after “subsection (1)” insert “or (1A)”, and
(b)
in paragraph (b)(ii) after “works on” insert “, or use of,”.
20
      (4)
In subsection (7) after “subsection (1)” insert “or (1A)”.
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
5     (1)
Paragraph 5 of Schedule 20 to the Leasehold Reform, Housing and Urban
Development Act 1993 (the Agency: power to override easements) is
amended as follows.
25
      (2)
After sub-paragraph (1) insert—
   “(1A)
The use of any land in England which has been vested in or
acquired by the Agency under this Part of this Act, whether the
use is by the Agency or by any other person, is authorised by
virtue of this paragraph if it is in accordance with planning
30
permission even if the use involves—
(a)
interference with an interest or right to which this
paragraph applies, or
(b)
a breach of a restriction as to the user of land arising by
virtue of a contract.”
35
      (3)
In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.
      (4)
In sub-paragraph (4)—
(a)
after “sub-paragraph (1)” insert “or (1A)”, and
(b)
after “works on” insert “, or use of,”.
      (5)
In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.
40

Planning Bill
Schedule 10 — Further provisions as to the procedure for certain proceedings
179

Regional Development Agencies Act 1998 (c. 45)
6     (1)
Paragraph 2 of Schedule 6 to the Regional Development Agencies Act 1998
(vesting and acquisition of land: power to override easements) is amended
as follows.
      (2)
After sub-paragraph (1) insert—
5
   “(1A)
The use of any land in England which has been vested in or
acquired by a regional development agency under this Act,
whether the use is by the agency or by any other person, is
authorised by virtue of this paragraph if it is in accordance with
planning permission even if the use involves—
10
(a)
interference with an interest or right to which this
paragraph applies, or
(b)
a breach of a restriction as to the user of land arising by
virtue of a contract.”
      (3)
In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.
15
      (4)
In sub-paragraph (4)—
(a)
after “sub-paragraph (1)” insert “or (1A)”, and
(b)
after “works on” insert “, or use of,”.
      (5)
In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.
Schedule 10
20
Section 194

Further provisions as to the procedure for certain proceedings
Town and Country Planning Act 1990 (c. 8)
1
TCPA 1990 is amended as follows.
2
In section 77 (reference of applications to Secretary of State) for subsection
(6) substitute—
25
“(6)
Subsection (5) does not apply to—
(a)
an application for planning permission referred to a Planning
Inquiry Commission under section 101; or
(b)
an application referred to the Secretary of State under this
section instead of being dealt with by a local planning
30
authority in England.”
3
In section 78(5) (appeals against failure to take planning decisions)—
(a)
for “79(1)” substitute “79(1) and (3)”, and
(b)
for “and 288(10)(b)” substitute “, 288(10)(b) and 319A(7)(b)”.
4
In section 79 (determination of appeals under section 78) for subsection (3)
35
substitute—
“(3)
Subsection (2) does not apply to—
(a)
an appeal referred to a Planning Inquiry Commission under
section 101; or

Planning Bill
Schedule 10 — Further provisions as to the procedure for certain proceedings
180

(b)
an appeal against a decision of a local planning authority in
England.”
5
In section 175 (supplementary provisions about appeals against
enforcement notices) after subsection (3) insert—
“(3A)
Subsection (3) does not apply to an appeal against an enforcement
5
notice issued by a local planning authority in England.”
6
In section 176(4) (determination of appeals: disapplication of section
175(3))—
(a)
after “If” insert “section 175(3) would otherwise apply and”, and
(b)
after “subsection (3)” insert “of this section”.
10
7
In section 195(5) (appeals against failure to give decision on application
under section 191 or 192) for “section 288(10)(b)” substitute “sections
196(1A), 288(10)(b) and 319A(7)(d)”.
8     (1)
Amend section 196 (further provision as to appeals to Secretary of State
under section 195) as follows.
15
      (2)
After subsection (1) insert—
“(1A)
Subsection (1) does not apply to an appeal against a decision of a
local planning authority in England.”
      (3)
In subsection (2) for “such an appeal” substitute “an appeal under section
195(1)”.
20
9     (1)
Amend section 208 (appeals against notices under section 207) as follows.
      (2)
After subsection (5) insert—
“(5A)
Subsection (5) does not apply to an appeal against a notice issued by
a local planning authority in England.”
      (3)
In subsection (6) for “such an appeal is brought” substitute “an appeal is
25
brought under subsection (1)”.
10
In section 322 (orders as to costs of parties where no local inquiry held) after
subsection (1) insert—
“(1A)
This section also applies to proceedings under this Act to which
section 319A applies.”
30
11
In section 322A (orders as to costs: supplementary) after subsection (1)
insert—
“(1A)
This section also applies where—
(a)
arrangements are made for a local inquiry or a hearing to be
held pursuant to a determination under section 319A;
35
(b)
the inquiry or hearing does not take place; and
(c)
if it had taken place, the Secretary of State or a person
appointed by the Secretary of State would have had power to
make an order under section 250(5) of the Local Government
Act 1972 requiring any party to pay any costs of any other
40
party.”
12    (1)
Amend section 323 (procedure on certain appeals and applications) as
follows.

Planning Bill
Schedule 10 — Further provisions as to the procedure for certain proceedings
181

      (2)
After subsection (1) insert—
“(1A)
The Secretary of State may by regulations prescribe the procedure to
be followed in connection with proceedings under this Act which,
pursuant to a determination under section 319A, are to be considered
on the basis of representations in writing.”
5
      (3)
In subsections (2) and (3) for “The regulations may” substitute “Regulations
under this section may”.
      (4)
In subsection (2)(a) for “such an inquiry or hearing” substitute “an inquiry
or hearing to which rules under section 9 of the Tribunals and Inquiries Act
1992 would apply”.
10
13    (1)
Amend section 333 (regulations and orders) as follows.
      (2)
In subsection (4) for “and 319” substitute “, 319 and 319A(9)”.
      (3)
After subsection (5) insert—
“(5A)
No order may be made under section 319A(9) unless a draft of the
instrument containing the order has been laid before, and approved
15
by resolution of, each House of Parliament.”
14    (1)
Amend Schedule 6 (determination of certain appeals by person appointed
by Secretary of State) as follows.
      (2)
In paragraph 2 for sub-paragraph (5) substitute—
    “(5)
Sub-paragraph (2) does not apply—
20
(a)
in the case of an appeal to which section 319A applies; or
(b)
in the case of an appeal under section 78 if the appeal is
referred to a Planning Inquiry Commission under section
101.”
      (3)
After sub-paragraph (9) of that paragraph insert—
25
   “(10)
Sub-paragraph (9) does not apply to references to the Secretary of
State in section 319A (powers and duties of the Secretary of State
in relation to the determination of procedure for certain
proceedings).”
      (4)
In paragraph 3 for sub-paragraph (5) substitute—
30
    “(5)
Sub-paragraph (4) does not apply—
(a)
in the case of an appeal to which section 319A applies; or
(b)
in the case of an appeal under section 78 if the appeal is
referred to a Planning Inquiry Commission under section
101.
35
    (5A)
In the case of an appeal to which section 319A applies, the
Secretary of State must give the appellant, the local planning
authority and any person who has made any representations
mentioned in sub-paragraph (2) an opportunity to make further
representations if the reasons for the direction raise matters with
40
respect to which any of those persons have not made
representations.”
      (5)
In sub-paragraph (6) of that paragraph after “(4)” insert “or (5A)”.

Planning Bill
Schedule 10 — Further provisions as to the procedure for certain proceedings
182

      (6)
In paragraph 6 after sub-paragraph (1) insert—
   “(1A)
Sub-paragraph (1) does not apply in the case of an appeal to which
section 319A applies; but an appointed person may hold a hearing
or local inquiry in connection with such an appeal pursuant to a
determination under that section.”
5
      (7)
In sub-paragraph (2)(a) of that paragraph after “2(4)” insert “or this
paragraph”.
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
15
The Listed Buildings Act is amended as follows.
16
In section 12 (reference of applications to Secretary of State) after subsection
10
(4) insert—
“(4A)
Subsection (4) does not apply to an application referred to the
Secretary of State under this section instead of being dealt with by a
local planning authority in England.”
17
In section 20(4) (right of appeal in case of failure to give notice of decision)
15
for “22(1) and 63(7)(b)” substitute “22(1) and (2A), 63(7)(b) and 88D(7)(b)”.
18    (1)
Amend section 22 (determination of appeals under section 20) as follows.
      (2)
After subsection (2) insert—
“(2A)
Subsection (2) does not apply to an appeal against a decision of a
local planning authority in England.”
20
      (3)
In subsection (3) for “the appeal” substitute “an appeal under section 20”.
19
In section 40 (supplementary provisions about appeals against listed
building enforcement notices) after subsection (2) insert—
“(2A)
Subsection (2) does not apply to an appeal against a listed building
enforcement notice issued by a local planning authority in England.”
25
20
In section 41(4) (determination of appeals: disapplication of section 40(2))—
(a)
after “If” insert “section 40(2) would otherwise apply and”, and
(b)
after “subsection (3)” insert “of this section”.
21
In section 74(3) (application of certain provisions in relation to buildings in
conservation areas) after “82D” insert “, 88D”.
30
22
In section 89 (application of certain general provisions of TCPA 1990) after
subsection (1) insert—
“(1ZA)
In the application of sections 322, 322A and 323 of that Act by virtue
of this section, references to section 319A of that Act shall have effect
as references to section 88D of this Act.”
35
23    (1)
Amend section 93 (regulations and orders) as follows.
      (2)
In subsection (4) after “75(7)” insert “, 88D(8)”.