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

183

 

      (3)  

After subsection (5) insert—

“(5A)   

No order may be made under section 88D(8) unless a draft of the

instrument containing the order has been laid before, and approved

by resolution of, each House of Parliament.”

24    (1)  

Amend Schedule 3 (determination of certain appeals by person appointed

5

by Secretary of State) as follows.

      (2)  

In paragraph 2 after sub-paragraph (4) insert—

   “(4A)  

Sub-paragraph (2) does not apply in the case of an appeal to which

section 88D applies.”

      (3)  

After sub-paragraph (8) of that paragraph insert—

10

    “(9)  

Sub-paragraph (8) does not apply to references to the Secretary of

State in section 88D (powers and duties of the Secretary of State in

relation to the determination of procedure for certain

proceedings).”

      (4)  

In paragraph 3 after sub-paragraph (4) insert—

15

   “(4A)  

Sub-paragraph (4) does not apply in the case of an appeal to which

section 88D applies.

    (4B)  

In the case of an appeal to which section 88D applies, the Secretary

of State must give the appellant, the local planning authority and

any person who has made any representations mentioned in sub-

20

paragraph (2) an opportunity to make further representations if

the reasons for the direction raise matters with respect to which

any of those persons have not made representations.”

      (5)  

In sub-paragraph (5) of that paragraph after “(4)” insert “or (4B)”.

      (6)  

In paragraph 6 after sub-paragraph (1) insert—

25

   “(1A)  

Sub-paragraph (1) does not apply in the case of an appeal to which

section 88D 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.”

      (7)  

In sub-paragraph (2)(a) of that paragraph after “2(4)” insert “or this

30

paragraph”.

Planning (Hazardous Substances) Act 1990 (c. 10)

25         

The Hazardous Substances Act is amended as follows.

26         

In section 20 (reference of applications to Secretary of State) after subsection

(4) insert—

35

“(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

hazardous substances authority in England.”

27         

In section 21 (appeals against decisions or failure to take decisions relating

to hazardous substances) after subsection (5) insert—

40

“(5A)   

Subsection (5) does not apply to an appeal against a decision of a

hazardous substances authority in England.”

 
 

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

184

 

28         

In section 25(1) (appeals against hazardous substances contravention

notices)—

(a)   

in paragraph (b)(v) after “principal Act” insert “and section 21A of

this Act”, and

(b)   

in paragraph (c) for “that Act” substitute “the principal Act”.

5

29         

In section 37 (application of certain general provisions of TCPA 1990) after

subsection (2) insert—

“(3)   

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 21A of this Act.”

10

30    (1)  

Amend the Schedule (determination of appeals by person appointed by

Secretary of State) as follows.

      (2)  

In paragraph 2 after sub-paragraph (4) insert—

   “(4A)  

Sub-paragraph (2) does not apply to an appeal against a decision

of a hazardous substances authority in England.”

15

      (3)  

After sub-paragraph (8) of that paragraph insert—

    “(9)  

Sub-paragraph (8) does not apply to references to the Secretary of

State in section 21A (powers and duties of the Secretary of State in

relation to the determination of procedure for certain

proceedings).”

20

      (4)  

In paragraph 3 after sub-paragraph (4) insert—

   “(4A)  

Sub-paragraph (4) does not apply in the case of an appeal against

a decision of a hazardous substances authority in England.

    (4B)  

In the case of an appeal to which section 21A applies, the Secretary

of State must give the appellant, the hazardous substances

25

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

respect to which any of those persons have not made

representations.”

30

      (5)  

In sub-paragraph (5) of that paragraph after “(4)” insert “or (4B)”.

      (6)  

In paragraph 6 after sub-paragraph (1) insert—

   “(1A)  

Sub-paragraph (1) does not apply in the case of an appeal against

a decision of a hazardous substances authority in England; but an

appointed person may hold a hearing or a local inquiry in

35

connection with such an appeal pursuant to a determination

under section 21A.”

      (7)  

In sub-paragraphs (2)(a) and (3)(a) of that paragraph after “2(4)” insert “or

this paragraph”.

 
 

Planning Bill
Schedule 11 — Appeals: miscellaneous amendments

185

 

Schedule 11

Section 195

 

Appeals: miscellaneous amendments

Town and Country Planning Act 1990 (c. 8)

1          

TCPA 1990 is amended as follows.

2          

In section 78 (appeals against planning decisions and failure to take

5

planning decisions) after subsection (4) insert—

“(4A)   

A notice of appeal under this section must be accompanied by such

information as may be prescribed by a development order.

(4B)   

The power to make a development order under subsection (4A) is

exercisable by—

10

(a)   

the Secretary of State, in relation to England;

(b)   

the Welsh Ministers, in relation to Wales.

(4C)   

Section 333(5) does not apply in relation to a development order

under subsection (4A) made by the Welsh Ministers.

(4D)   

A development order under subsection (4A) made by the Welsh

15

Ministers is subject to annulment in pursuance of a resolution of the

National Assembly for Wales.”

3          

In section 195 (appeals against refusal or failure to give decision on

application under section 191 or 192) before subsection (2) insert—

“(1B)   

A notice of appeal under this section must be—

20

(a)   

served within such time and in such manner as may be

prescribed by a development order;

(b)   

accompanied by such information as may be prescribed by

such an order.

(1C)   

The time prescribed for the service of a notice of appeal under this

25

section must not be less than—

(a)   

28 days from the date of notification of the decision on the

application; or

(b)   

in the case of an appeal under subsection (1)(b), 28 days

from—

30

(i)   

the end of the period prescribed as mentioned in

subsection (1)(b), or

(ii)   

as the case may be, the extended period mentioned in

subsection (1)(b).

(1D)   

The power to make a development order under subsection (1B) is

35

exercisable by—

(a)   

the Secretary of State, in relation to England;

(b)   

the Welsh Ministers, in relation to Wales.

(1E)   

Section 333(5) does not apply in relation to a development order

under subsection (1B) made by the Welsh Ministers.

40

(1F)   

A development order under subsection (1B) made by the Welsh

Ministers is subject to annulment in pursuance of a resolution of the

National Assembly for Wales.”

 
 

Planning Bill
Schedule 11 — Appeals: miscellaneous amendments

186

 

4     (1)  

Section 208 (appeals against notices under section 207) is amended as

follows.

      (2)  

For subsection (4) substitute—

“(4)   

The notice shall—

(a)   

indicate the grounds of the appeal,

5

(b)   

state the facts on which the appeal is based, and

(c)   

be accompanied by such information as may be prescribed.

(4A)   

The power to make regulations under subsection (4)(c) is exercisable

by—

(a)   

the Secretary of State, in relation to England;

10

(b)   

the Welsh Ministers, in relation to Wales.

(4B)   

Section 333(3) does not apply in relation to regulations under

subsection (4)(c) made by the Welsh Ministers.

(4C)   

Regulations under subsection (4)(c) made by the Welsh Ministers are

subject to annulment in pursuance of a resolution of the National

15

Assembly for Wales.”

      (3)  

In subsection (5) for “any such appeal” substitute “an appeal under

subsection (1)”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

5          

In section 21 of the Listed Buildings Act (appeals: supplementary

20

provisions) after subsection (7) insert—

“(8)   

Regulations under this Act may provide for an appeal under section

20 to be accompanied by such other information as may be

prescribed.

(9)   

The power to make regulations under subsection (8) is exercisable

25

by—

(a)   

the Secretary of State, in relation to England;

(b)   

the Welsh Ministers, in relation to Wales.

(10)   

Section 93(3) does not apply in relation to regulations under

subsection (8) made by the Welsh Ministers.

30

(11)   

Regulations under subsection (8) made by the Welsh Ministers are

subject to annulment in pursuance of a resolution of the National

Assembly for Wales.”

Planning (Hazardous Substances) Act 1990 (c. 10)

6          

In section 21 of the Hazardous Substances Act (appeals against decisions

35

and failure to take decisions relating to hazardous substances) after

subsection (3) insert—

“(3A)   

A notice of appeal under this section must be accompanied by such

information as may be prescribed.

(3B)   

The power to make regulations under subsection (3A) is exercisable

40

by—

(a)   

the Secretary of State, in relation to England;

 
 

Planning Bill
Schedule 12 — Application of Act to Scotland: modifications

187

 

(b)   

the Welsh Ministers, in relation to Wales.

(3C)   

Section 40(3) does not apply in relation to regulations under

subsection (3A) made by the Welsh Ministers.

(3D)   

Regulations under subsection (3A) made by the Welsh Ministers are

subject to annulment in pursuance of a resolution of the National

5

Assembly for Wales.”

Schedule 12

Section 235

 

Application of Act to Scotland: modifications

1          

Section 5(10) applies as if the reference to Part 11 of TCPA 1990 were a

reference to Part 10 of the Town and Country Planning (Scotland) Act 1997

10

(c. 8).

2          

Section 14 applies as if—

(a)   

in subsection (1)—

(i)   

the words “any of the following” were omitted, and

(ii)   

paragraphs (a) to (f) and (h) to (p) were omitted, and

15

(b)   

in subsection (2) for “sections 15 to 30” there were substituted

“section 21”.

3          

Section 32 applies as if—

(a)   

in subsection (1)—

(i)   

the reference to TCPA 1990 were a reference to section 26 of

20

the Town and Country Planning (Scotland) Act 1997, and

(ii)   

the words “This is subject to subsections (2) and (3).” were

omitted, and

(b)   

subsections (2) to (4) were omitted.

4          

Section 33 applies as if—

25

(a)   

in subsection (1)—

(i)   

for “none” there were substituted “neither”, and

(ii)   

paragraphs (b) and (d) to (j) were omitted, and

(b)   

subsections (2) to (4) were omitted.

5          

Section 44 applies as if—

30

(a)   

in subsection (2)(b), the words from “or” to the end were omitted,

(b)   

in subsection (3), references to section 5(1) of the Compulsory

Purchase Act 1965 (c. 56) were references to section 17 of the Lands

Clauses Consolidation (Scotland) Act 1845 (c. 19), and

(c)   

in subsection (6)—

35

(i)   

for paragraph (a) there were substituted—

“(a)   

a claim arising by virtue of paragraph 1 of the Second

Schedule to the Acquisition of Land (Authorisation

Procedure) (Scotland) Act 1947 (c. 42)”, and

(ii)   

in paragraph (b), the reference to Part 1 of the Land

40

Compensation Act 1973 (c. 26) were a reference to Part 1 of

the Land Compensation (Scotland) Act 1973 (c. 56).

 
 

Planning Bill
Schedule 12 — Application of Act to Scotland: modifications

188

 

6          

Section 52 applies as if—

(a)   

in subsection (2)(c), the words from “or” to the end were omitted,

(b)   

in subsection (3)(b)—

(i)   

the reference to a freeholder were a reference to an owner,

and

5

(ii)   

the reference to a mortgagee were a reference to a heritable

creditor, and

(c)   

in subsection (11), references to section 5(1) of the Compulsory

Purchase Act 1965 (c. 56) were references to section 17 of the Lands

Clauses Consolidation (Scotland) Act 1845 (c. 19).

10

7          

Section 53 applies as if—

(a)   

in subsection (7), the reference to chattels were a reference to

moveable property,

(b)   

in subsection (8), the reference to the Lands Tribunal were a

reference to the Lands Tribunal for Scotland, and

15

(c)   

in subsection (11), in the definition of “statutory undertakers”, the

reference to Part 11 of TCPA 1990 were a reference to Part 10 of the

Town and Country Planning (Scotland) Act 1997 (c. 8).

8          

Section 57 applies as if—

(a)   

in subsection (2)(b), the words from “or” to the end were omitted,

20

(b)   

in subsection (3), references to section 5(1) of the Compulsory

Purchase Act 1965 were references to section 17 of the Lands Clauses

Consolidation (Scotland) Act 1845, and

(c)   

in subsection (6)—

(i)   

for paragraph (a) there were substituted—

25

“(a)   

a claim arising by virtue of paragraph 1 of the Second

Schedule to the Acquisition of Land (Authorisation

Procedure) (Scotland) Act 1947 (c. 42)”, and

(ii)   

in paragraph (b), the reference to Part 1 of the Land

Compensation Act 1973 (c. 26) were a reference to Part 1 of

30

the Land Compensation (Scotland) Act 1973 (c. 56).

9          

Section 58 applies as if—

(a)   

for subsection (6) there were substituted—

“(6)   

Summary proceedings relating to an offence under this

section may be commenced regardless of when the

35

contravention occurred.”, and

(b)   

in subsection (7), the reference to section 127 of the Magistrates’

Courts Act 1980 (c. 43) were a reference to section 136 of the Criminal

Procedure (Scotland) Act 1995 (c. 46).

10         

Section 120(6) applies as if the references to an Act included references to an

40

Act of the Scottish Parliament.

11         

Section 127(8) applies as if, for the definition of “statutory undertakers” there

were substituted—

““statutory undertakers” has the meaning given by section 214

of the Town and Country Planning (Scotland) Act 1997 and

45

also includes the undertakers—

(a)   

which are deemed to be statutory undertakers for the

purposes of that Act, by virtue of another enactment;

 
 

Planning Bill
Schedule 12 — Application of Act to Scotland: modifications

189

 

(b)   

which are statutory undertakers for the purposes of

paragraphs 9 and 10 of the First Schedule to the

Acquisition of Land (Authorisation Procedure)

(Scotland) Act 1947 (c. 42) (see paragraph 10A of that

Schedule).”

5

12         

Section 128(5) applies as if—

(a)   

in the definition of “local authority”, the reference to section 7(1) of

the Acquisition of Land Act 1981 (c. 67) were a reference to section 2

of the Local Government etc. (Scotland) Act 1994 (c. 39), and

(b)   

for the definition of “statutory undertakers” there were substituted—

10

““statutory undertakers” has the meaning given by

section 214 of the Town and Country Planning

(Scotland) Act 1997 (c. 8) and also includes the

undertakers—

(a)   

which are deemed to be statutory undertakers

15

for the purposes of that Act, by virtue of

another enactment;

(b)   

which are statutory undertakers for the

purposes of paragraphs 9 and 10 of the First

Schedule to the Acquisition of Land

20

(Authorisation Procedure) (Scotland) Act 1947

(see paragraph 10A of that Schedule);”.

13         

Section 129(2) applies as if—

(a)   

in the definition of “local authority”, the reference to section 17(4) of

the Acquisition of Land Act 1981 were a reference to section 2 of the

25

Local Government etc. (Scotland) Act 1994, and

(b)   

for the definition of “statutory undertakers” there were substituted—

““ statutory undertakers” has the meaning given by section 214 of

the Town and Country Planning (Scotland) Act 1997 and also

includes the undertakers which are deemed to be statutory

30

undertakers for the purposes of that Act, by virtue of another

enactment;”.

14         

Section 130 applies as if—

(a)   

in subsection (4), the references to section 21 of the National Trust

Act 1907 (c.cxxxvi) and section 8 of the National Trust Act 1939 (c.

35

1xxxvi) were references to section 22 of the Order confirmed by the

National Trust for Scotland Order Confirmation Act 1935 (c. ii), and

(b)   

in subsection (5), for the definition of “the National Trust” there were

substituted—

““the National Trust” means the National Trust for Scotland for

40

Places of Historic Interest or Natural Beauty incorporated by

the Order confirmed by the National Trust for Scotland Order

Confirmation Act 1935 (c. ii)”.

15         

Section 131 applies as if—

(a)   

in subsection (1), for “, open space or fuel or field garden allotment”

45

there were substituted “or open space”, and

(b)   

in subsection (12), for the words from “common” to “1981” there

were substituted—

““common” includes any town or village green;

 
 

 
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