Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

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;