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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).

 
 

 
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