Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 4 — Requirement for development consent
22

“permitted” means permitted by planning permission or development
consent;
“petroleum products” has the meaning given by section 21 of the Energy
Act 1976 (c. 76);
“scheduled monument” has the meaning given by section 1(11) of the
5
Ancient Monuments and Archaeological Areas Act 1979 (c. 46);
“tipping operations” has the meaning given by section 61(1) of that Act.
33
Effect of requirement for development consent on other consent regimes
(1)
To the extent that development consent is required for development, none of
the following is required to be obtained for the development or given in
10
relation to it—
(a)
planning permission;
(b)
consent under section 10(1), 11(1) or 12(1) of the Green Belt (London
and Home Counties) Act 1938 (c. xciii) (erection of buildings and
construction of sewer main pipes, watercourses and electric lines etc.
15
on Green Belt land);
(c)
a pipe-line construction authorisation under section 1(1) of the Pipe-
lines Act 1962 (c. 58) (authorisation for construction of cross-country
pipe-lines);
(d)
authorisation by an order under section 4(1) of the Gas Act 1965 (c. 36)
20
(storage of gas in underground strata);
(e)
notice under section 14(1) of the Energy Act 1976 (conversion of
generating station from one fuel to another);
(f)
to the extent that the development relates to land in England, consent
under section 2(3) or 3 of the Ancient Monuments and Archaeological
25
Areas Act 1979;
(g)
to the extent that the development relates to land in England, notice
under section 35 of the Ancient Monuments and Archaeological Areas
Act 1979;
(h)
consent under section 36 or 37 of the Electricity Act 1989 (c. 29)
30
(construction etc. of generating stations and installation of overhead
lines);
(i)
to the extent that the development relates to land in England, consent
under section 8(1), (2) or (3) of the Listed Buildings Act;
(j)
to the extent that the development relates to land in England, consent
35
under section 74(1) of the Listed Buildings Act.
(2)
To the extent that development consent is required for development, the
development may not be authorised by any of the following—
(a)
an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (orders
in relation to harbours, docks and wharves);
40
(b)
an order under section 4(1) of the Gas Act 1965 (order authorising
storage of gas in underground strata);
(c)
an order under section 1 or 3 of the Transport and Works Act 1992
(c. 42) (orders as to railways, tramways, inland waterways etc.).
(3)
Subsection (2) is subject to section 34.
45
(4)
If development consent is required for the construction, improvement or
alteration of a highway, none of the following may be made or confirmed in

Planning Bill
Part 4 — Requirement for development consent
23

relation to the highway or in connection with the construction, improvement
or alteration of the highway—
(a)
an order under section 10 of the Highways Act 1980 (c. 66) (general
provisions as to trunk roads) directing that the highway should become
a trunk road;
5
(b)
an order under section 14 of that Act (supplementary orders relating to
trunk roads and classified roads);
(c)
a scheme under section 16 of that Act (schemes authorising the
provision of special roads);
(d)
an order under section 18 of that Act (supplementary orders relating to
10
special roads);
(e)
an order or scheme under section 106 of that Act (orders and schemes
providing for construction of bridges over or tunnels under navigable
waters);
(f)
an order under section 108 or 110 of that Act (orders authorising the
15
diversion of navigable and non-navigable watercourses);
(g)
an order under section 6 of the New Roads and Street Works Act 1991
(c. 22) (toll orders).
34
Welsh offshore generating stations
(1)
Section 33(2) does not prevent an order under section 3 of the Transport and
20
Works Act 1992 (c. 42) from authorising the carrying out of works consisting of
the construction or extension of a generating station that is or (when
constructed or extended) will be a Welsh offshore generating station.
(2)
A “Welsh offshore generating station” is a generating station that is in waters
in or adjacent to Wales up to the seaward limits of the territorial sea.
25
(3)
If, by virtue of subsection (1), an order under section 3 of the Transport and
Works Act 1992 authorises the carrying out of any works, development
consent is treated as not being required for the carrying out of those works.
35
Directions in relation to projects of national significance
(1)
This section applies if—
30
(a)
an application for a consent or authorisation mentioned in section 33(1)
or (2) is made to an authority (“the relevant authority”) in relation to
development,
(b)
the development is or forms part of a project in a field specified in
subsection (2),
35
(c)
the development will (when completed) be wholly in one or more of the
areas specified in subsection (3), and
(d)
the Secretary of State thinks that the project is of national significance,
either by itself or when considered with one or more other projects or
proposed projects in the same field.
40
(2)
The fields are—
(a)
energy;
(b)
transport;
(c)
water;
(d)
waste water;
45
(e)
waste.

Planning Bill
Part 4 — Requirement for development consent
24

(3)
The areas are—
(a)
England;
(b)
waters adjacent to England up to the seaward limits of the territorial
sea;
(c)
in the case of a project for the carrying out of works in the field of
5
energy, a Renewable Energy Zone, except any part of a Renewable
Energy Zone in relation to which the Scottish Ministers have functions.
(4)
The Secretary of State may direct—
(a)
the application to be treated as an application for an order granting
development consent, and
10
(b)
the development to which the application relates to be treated as
development for which development consent is required,

for specified purposes or generally.
(5)
A direction under subsection (4) may provide for specified provisions of or
made under this or any other Act—
15
(a)
to have effect in relation to the application with any specified
modifications, or
(b)
to be treated as having been complied with in relation to the
application.
(6)
If the Secretary of State gives a direction under subsection (4), the relevant
20
authority must refer the application to the Commission instead of dealing with
it themselves.
(7)
If the Secretary of State is considering whether to give a direction under
subsection (4), the Secretary of State may direct the relevant authority to take
no further action in relation to the application until the Secretary of State has
25
decided whether to give the direction.
(8)
The Secretary of State may require the relevant authority to provide any
information required by the Secretary of State for the purpose of enabling the
Secretary of State to decide—
(a)
whether to give a direction under subsection (4), and
30
(b)
the terms in which a direction under subsection (4) should be given.
(9)
If the Secretary of State decides to give a direction under subsection (4), the
Secretary of State must give reasons for the decision.
36
Amendments consequential on development consent regime
Schedule 2 makes amendments consequential on the development consent
35
regime.

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 1 — Applications
25

Part 5
Applications for orders granting development consent
Chapter 1
Applications
37
Applications for orders granting development consent
5
(1)
An order granting development consent may be made only if an application is
made for it.
(2)
An application for an order granting development consent must be made to the
Commission.
(3)
An application for an order granting development consent must—
10
(a)
specify the development to which it relates,
(b)
be made in the prescribed form,
(c)
be accompanied by the consultation report, and
(d)
be accompanied by documents and information of a prescribed
description.
15
(4)
The Commission may give guidance about how the requirements under
subsection (3) are to be complied with.
(5)
The Commission may set standards for—
(a)
the preparation of a document required by subsection (3)(d);
(b)
the coverage in such a document of a matter falling to be dealt with in it;
20
(c)
all or any of the collection, sources, verification, processing and
presentation of information required by subsection (3)(d).
(6)
The Commission must publish, in such manner as it thinks appropriate, any
guidance given under subsection (4) and any standards set under subsection
(5).
25
(7)
In subsection (3)(c) “the consultation report” means a report giving details of—
(a)
what has been done in compliance with sections 42, 47 and 48 in
relation to a proposed application that has become the application,
(b)
any relevant responses, and
(c)
the account taken of any relevant responses.
30
(8)
In subsection (7) “relevant response” has the meaning given by section 49(3).
38
Model provisions
(1)
The Secretary of State may by order prescribe model provisions for
incorporation in a draft order which may be required (in accordance with
regulations made under section 37(3)(d)) to accompany an application for an
35
order granting development consent.
(2)
The Commission must have regard to any model provisions prescribed by an
order under subsection (1) when exercising its power to make an order
granting development consent.

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 2 — Pre-application procedure
26

(3)
The fact that a model provision has been prescribed by an order under
subsection (1) does not make it mandatory for a provision in the terms of the
model to be included in—
(a)
a draft order, or
(b)
an order granting development consent.
5
39
Register of applications
(1)
The Commission is to maintain a register of applications received by it for
orders granting development consent (“the register”).
(2)
Where the Commission receives an application for an order granting
development consent, it must cause details of the application to be entered in
10
the register.
(3)
The Commission must publish the register or make arrangements for
inspection of the register by the public.
(4)
The Commission must make arrangements for inspection by the public of—
(a)
applications received by the Commission for orders granting
15
development consent,
(b)
consultation reports received by the Commission under section
37(3)(c), and
(c)
accompanying documents and information received by the
Commission under section 37(3)(d).
20
40
Applications by the Crown for orders granting development consent
(1)
This section applies to an application for an order granting development
consent made by or on behalf of the Crown.
(2)
The Secretary of State may by regulations modify or exclude any statutory
provision relating to—
25
(a)
the procedure to be followed before such an application is made;
(b)
the making of such an application;
(c)
the decision-making process for such an application.
(3)
A statutory provision is a provision contained in or having effect under this Act
or any other enactment.
30
Chapter 2
Pre-application procedure
41
Chapter applies before application is made
(1)
This Chapter applies where a person (“the applicant”) proposes to make an
application for an order granting development consent.
35
(2)
In the following provisions of this Chapter—
“the proposed application” means the proposed application mentioned in
subsection (1);
“the land” means the land to which the proposed application relates or
any part of that land;
40

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 2 — Pre-application procedure
27

“the proposed development” means the development for which the
proposed application (if made) would seek development consent.
42
Duty to consult
The applicant must consult the following about the proposed application—
(a)
such persons as may be prescribed,
5
(b)
each local authority that is within section 43,
(c)
the Greater London Authority if the land is in Greater London, and
(d)
each person who is within one or more of the categories set out in
section 44.
43
Local authorities for purposes of section 42(b)
10
(1)
A local authority is within this section if the land is in the authority’s area.
(2)
A local authority (“A”) is within this section if—
(a)
the land is in the area of another local authority (“B”), and
(b)
any part of the boundary of A’s area is also a part of the boundary of
B’s area.
15
(3)
In this section “local authority” means—
(a)
a county council, or district council, in England;
(b)
a London borough council;
(c)
the Common Council of the City of London;
(d)
the Council of the Isles of Scilly;
20
(e)
a county council, or county borough council, in Wales;
(f)
a council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994 (c. 39);
(g)
a National Park authority;
(h)
the Broads authority.
25
44
Categories for purposes of section 42(d)
(1)
A person is within Category 1 if the applicant, after making diligent inquiry,
knows that the person is an owner, lessee, tenant (whatever the tenancy
period) or occupier of the land.
(2)
A person is within Category 2 if the applicant, after making diligent inquiry,
30
knows that the person—
(a)
is interested in the land, or
(b)
has power—
(i)
to sell and convey the land, or
(ii)
to release the land.
35
(3)
An expression, other than “the land”, that appears in subsection (2) of this
section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has
in subsection (2) the meaning that it has in section 5(1) of that Act.
(4)
A person is within Category 3 if the applicant thinks that, if the order sought
by the proposed application were to be made and fully implemented, the
40
person would or might be entitled—
(a)
as a result of the implementing of the order,

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 2 — Pre-application procedure
28

(b)
as a result of the order having been implemented, or
(c)
as a result of use of the land once the order has been implemented,

to make a relevant claim.

This is subject to subsection (5).
(5)
A person is within Category 3 only if the person is known to the applicant after
5
making diligent inquiry.
(6)
In subsection (4) “relevant claim” means—
(a)
a claim under section 10 of the Compulsory Purchase Act 1965 (c. 56)
(compensation where satisfaction not made for the taking, or injurious
affection, of land subject to compulsory purchase);
10
(b)
a claim under Part 1 of the Land Compensation Act 1973 (c. 26)
(compensation for depreciation of land value by physical factors
caused by use of public works).
45
Timetable for consultation under section 42
(1)
The applicant must, when consulting a person under section 42, notify the
15
person of the deadline for the receipt by the applicant of the person’s response
to the consultation.
(2)
A deadline notified under subsection (1) must not be earlier than the end of the
period of 28 days that begins with the day after the day on which the person
receives the consultation documents.
20
(3)
In subsection (2) “the consultation documents” means the documents supplied
to the person by the applicant for the purpose of consulting the person.
46
Duty to notify Commission of proposed application
(1)
The applicant must supply the Commission with such information in relation
to the proposed application as the applicant would supply to the Commission
25
for the purpose of complying with section 42 if the applicant were required by
that section to consult the Commission about the proposed application.
(2)
The applicant must comply with subsection (1) on or before commencing
consultation under section 42.
47
Duty to consult local community
30
(1)
The applicant must prepare a statement setting out how the applicant proposes
to consult, about the proposed application, people living in the vicinity of the
land.
(2)
Before preparing the statement, the applicant must consult each local authority
that is within section 43(1) about what is to be in the statement.
35
(3)
The deadline for the receipt by the applicant of a local authority’s response to
consultation under subsection (2) is the end of the period of 28 days that begins
with the day after the day on which the local authority receives the
consultation documents.
(4)
In subsection (3) “the consultation documents” means the documents supplied
40
to the local authority by the applicant for the purpose of consulting the local
authority under subsection (2).