Planning Bill

House of Commons

Session 2007 - 08
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Planning Bill

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 2 — Pre-application procedure
29

(5)
In preparing the statement, the applicant must have regard to any response to
consultation under subsection (2) that is received by the applicant before the
deadline imposed by subsection (3).
(6)
Once the applicant has prepared the statement, the applicant must publish it—
(a)
in a newspaper circulating in the vicinity of the land, and
5
(b)
in such other manner as may be prescribed.
(7)
The applicant must carry out consultation in accordance with the proposals set
out in the statement.
48
Duty to publicise
(1)
The applicant must publicise the proposed application in the prescribed
10
manner.
(2)
Regulations made for the purposes of subsection (1) must, in particular, make
provision for publicity under subsection (1) to include a deadline for receipt by
the applicant of responses to the publicity.
49
Duty to take account of responses to consultation and publicity
15
(1)
Subsection (2) applies where the applicant—
(a)
has complied with sections 42, 47 and 48, and
(b)
proposes to go ahead with making an application for an order granting
development consent (whether or not in the same terms as the
proposed application).
20
(2)
The applicant must, when deciding whether the application that the applicant
is actually to make should be in the same terms as the proposed application,
have regard to any relevant responses.
(3)
In subsection (2) “relevant response” means—
(a)
a response from a person consulted under section 42 that is received by
25
the applicant before the deadline imposed by section 45 in that person’s
case,
(b)
a response to consultation under section 47(7) that is received by the
applicant before any applicable deadline imposed in accordance with
the statement prepared under section 47, or
30
(c)
a response to publicity under section 48 that is received by the applicant
before the deadline imposed in accordance with section 48(2) in relation
to that publicity.
50
Guidance about pre-application procedure
(1)
Guidance may be issued about how to comply with the requirements of this
35
Chapter.
(2)
Guidance under this section may be issued by the Commission or the Secretary
of State.
(3)
The applicant must have regard to any guidance under this section.

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 3 — Assistance for applicants and others
30

Chapter 3
Assistance for applicants and others
51
Advice for potential applicants and others
(1)
The Commission may give advice to an applicant or potential applicant, or to
others, about—
5
(a)
applying for an order granting development consent;
(b)
making representations about an application, or a proposed
application, for such an order.
(2)
The Commission may not under subsection (1) give advice about the merits of
any particular application, or proposed application, for such an order.
10
(3)
The Secretary of State may, if the Secretary of State thinks it appropriate to do
so in connection with securing propriety in the giving of advice under
subsection (1), by regulations make provision about the giving of advice under
that subsection (but not about what the advice is to be).
(4)
In particular, regulations under subsection (3) may make provision that has the
15
effect that—
(a)
a person’s request for advice under subsection (1), or
(b)
advice given under subsection (1) to a person,

must be, or may be, disclosed by the Commission to persons other than that
person or to the public generally.
20
52
Obtaining information about interests in land
(1)
Where a person is applying, or proposes to apply, for an order granting
development consent, subsection (2) applies for the purpose of enabling the
person (“the applicant”) to comply with provisions of, or made under, Chapter
2 of this Part or Chapter 1 of Part 6.
25
(2)
The Commission may authorise the applicant to serve a notice on a person
mentioned in subsection (3) requiring the person (“the recipient”) to give to the
applicant in writing the name and address of any person the recipient believes
is one or more of the following—
(a)
an owner, lessee, tenant (whatever the tenancy period) or occupier of
30
the land;
(b)
a person interested in the land;
(c)
a person having power—
(i)
to sell and convey the land, or
(ii)
to release the land.
35
(3)
The persons are—
(a)
an occupier of the land;
(b)
a person who has an interest in the land as freeholder, mortgagee or
lessee;
(c)
a person who directly or indirectly receives rent for the land;
40
(d)
a person who, in pursuance of an agreement between that person and
a person interested in the land, is authorised to manage the land or to
arrange for the letting of it.

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 3 — Assistance for applicants and others
31

(4)
A notice under subsection (2) must—
(a)
be in writing,
(b)
state that the Commission has authorised the applicant to serve the
notice,
(c)
specify or describe the land to which the application, or proposed
5
application, relates,
(d)
specify the deadline by which the recipient must give the required
information to the applicant, and
(e)
draw attention to the provisions in subsections (6) to (9).
(5)
A deadline specified under subsection (4)(d) in a notice must not be earlier than
10
the end of the 14 days beginning with the day after the day on which the notice
is served on the recipient of the notice.
(6)
A person commits an offence if the person fails without reasonable excuse to
comply with a notice under subsection (2) served on the person.
(7)
A person commits an offence if, in response to a notice under subsection (2)
15
served on the person—
(a)
the person gives information which is false in a material particular, and
(b)
when the person does so, the person knows or ought reasonably to
know that the information is false.
(8)
If an offence under this section committed by a body corporate is proved to
20
have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of—
(a)
a director, manager, secretary or other similar officer of the body,
(b)
a person purporting to act in any such capacity, or
(c)
in a case where the affairs of the body are managed by its members, a
25
member of the body,

that person, as well as the body, is guilty of that offence and liable to be
proceeded against accordingly.
(9)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
30
(10)
In subsections (2) and (3) “the land” means—
(a)
the land to which the application, or proposed application, relates, or
(b)
any part of that land.
(11)
Any other expression that appears in either of paragraphs (b) and (c) of
subsection (2) and also in section 5(1) of the Compulsory Purchase Act 1965
35
(c. 56) has in those paragraphs the meaning that it has in section 5(1) of that Act.
53
Rights of entry
(1)
Any person duly authorised in writing by the Commission may at any
reasonable time enter any land for the purpose of surveying and taking levels
of it in connection with—
40
(a)
an application for an order granting development consent, whether in
relation to that or any other land, that has been accepted by the
Commission,
(b)
a proposed application for an order granting development consent, or

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 3 — Assistance for applicants and others
32

(c)
an order granting development consent that includes provision
authorising the compulsory acquisition of that land or of an interest in
it or right over it.
(2)
Authorisation may be given by the Commission under subsection (1)(b) in
relation to any land only if it appears to the Commission that—
5
(a)
the proposed applicant is considering a distinct project of real
substance genuinely requiring entry onto the land,
(b)
the proposed application is likely to seek authority to compulsorily
acquire the land or an interest in it or right over it, and
(c)
the proposed applicant has complied with section 42 in relation to the
10
proposed application.
(3)
Subject to subsections (9) and (10), power conferred by subsection (1) to survey
land includes power to search and bore for the purpose of ascertaining the
nature of the subsoil or the presence of minerals or other matter in it.
(4)
A person authorised under subsection (1) to enter any land—
15
(a)
must, if so required, produce evidence of the person’s authority, and
state the purpose of the person’s entry, before so entering,
(b)
may not demand admission as of right to any land which is occupied
unless 14 days’ notice of the intended entry has been given to the
occupier, and
20
(c)
must comply with any other conditions subject to which the
Commission’s authorisation is given.
(5)
A person commits an offence if the person wilfully obstructs a person acting in
the exercise of power under subsection (1).
(6)
A person guilty of an offence under subsection (5) is liable on summary
25
conviction to a fine not exceeding level 3 on the standard scale.
(7)
Where any damage is caused to land or chattels—
(a)
in the exercise of a right of entry conferred under subsection (1), or
(b)
in the making of any survey for the purpose of which any such right of
entry has been conferred,
30

compensation may be recovered by any person suffering the damage from the
person exercising the right of entry.
(8)
Any question of disputed compensation under subsection (7) must be referred
to and determined by the Lands Tribunal.
(9)
No person may carry out under subsection (1) any works authorised by virtue
35
of subsection (3) unless notice of the person’s intention to do so was included
in the notice required by subsection (4)(b).
(10)
The authority of the appropriate Minister is required for the carrying out under
subsection (1) of works authorised by virtue of subsection (3) if—
(a)
the land in question is held by statutory undertakers, and
40
(b)
they object to the proposed works on the ground that execution of the
works would be seriously detrimental to the carrying-on of their
undertaking.
(11)
In subsection (10)—
“the appropriate Minister” means—
45

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission
33

(a)
in the case of land in Wales held by water or sewerage
undertakers, the Welsh Ministers, and
(b)
in any other case, the Secretary of State;
“statutory undertakers” means persons who are, or who are deemed to be,
statutory undertakers for the purposes of any provision of Part 11 of
5
TCPA 1990.
54
Rights of entry: Crown land
(1)
Subsections (1) to (3) of section 53 apply to Crown land subject to subsections
(2) and (3) of this section.
(2)
A person must not enter Crown land unless the person (“P”) has the
10
permission of—
(a)
a person appearing to P to be entitled to give it, or
(b)
the appropriate Crown authority.
(3)
In section 53(3), the words “Subject to subsections (9) and (10)” must be
ignored.
15
(4)
Subsections (4) to (6) and (9) to (11) of section 53 do not apply to anything done
by virtue of subsections (1) to (3) of this section.
Part 6
Deciding applications for orders granting development consent
Chapter 1
20
Handling of application by Commission
55
Acceptance of applications
(1)
The following provisions of this section apply where the Commission receives
an application that purports to be an application for an order granting
development consent.
25
(2)
The Commission must, by the end of the period of 28 days beginning with the
day after the day on which it receives the application, decide whether or not to
accept the application.
(3)
The Commission may accept the application only if the Commission
concludes—
30
(a)
that it is an application for an order granting development consent,
(b)
that it complies with section 37(3) (form and contents of application)
and with any standards set under section 37(5),
(c)
that development consent is required for any of the development to
which the application relates,
35
(d)
that the application gives reasons for each respect in which any
applicable guidance given under section 37(4) has not been followed in
relation to it, and
(e)
that the applicant has, in relation to a proposed application that has
become the application, complied with Chapter 2 of Part 5 (pre-
40
application procedure).

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission
34

(4)
The Commission, when deciding whether it may reach the conclusion in
subsection (3)(e), must have regard to—
(a)
the consultation report received under section 37(3)(c),
(b)
any adequacy of consultation representation received by it from a local
authority consultee, and
5
(c)
the extent to which the applicant has had regard to any guidance issued
under section 50.
(5)
In subsection (4)—
“local authority consultee” means—
(a)
a local authority consulted under section 42(b) about a
10
proposed application that has become the application, or
(b)
the Greater London Authority if consulted under section 42(c)
about that proposed application;
“adequacy of consultation representation” means a representation about
whether the applicant complied, in relation to that proposed
15
application, with the applicant’s duties under sections 42, 47 and 48.
(6)
If the Commission accepts the application, it must notify the applicant of the
acceptance.
(7)
If the Commission is of the view that it cannot accept the application, it must—
(a)
notify that view to the applicant, and
20
(b)
notify the applicant of its reasons for that view.
(8)
If in response the applicant modifies (or further modifies) the application,
subsections (2) to (7) then apply in relation to the application as modified.
56
Notifying persons of accepted application
(1)
Subsections (2), (6) and (7) apply where the Commission accepts an application
25
for an order granting development consent.
(2)
The applicant must give notice of the application to—
(a)
such persons as may be prescribed,
(b)
each authority which, in relation to the application, is a relevant local
authority within the meaning given by section 102(5),
30
(c)
the Greater London Authority if the land to which the application
relates, or any part of it, is in Greater London, and
(d)
each person who is within one or more of the categories set out in
section 57.
(3)
Notice under subsection (2) must be in such form and contain such matter, and
35
be given in such manner, as may be prescribed.
(4)
The applicant must, when giving notice to a person under subsection (2), notify
the person of the deadline for receipt by the Commission of representations
giving notice of the person’s interest in, or objection to, the application.
(5)
A deadline notified under subsection (4) must not be earlier than the end of the
40
period of 28 days that begins with the day after the day on which the person
receives the notice.
(6)
The applicant must make available, to each person to whom notice is given
under subsection (2), a copy of—
(a)
the application, and
45

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission
35

(b)
the documents and information that were required by section 37(3)(d)
to accompany the application.
(7)
The applicant must publicise the application in the prescribed manner.
(8)
Regulations made for the purposes of subsection (7) must, in particular, make
provision for publicity under subsection (7) to include a deadline for receipt by
5
the Commission of representations giving notice of persons’ interests in, or
objections to, the application.
(9)
A deadline specified in accordance with subsection (8) does not apply to a
person to whom notice is given under subsection (2).
57
Categories for purposes of section 56(2)(d)
10
(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,
knows that the person—
15
(a)
is interested in the land, or
(b)
has power—
(i)
to sell and convey the land, or
(ii)
to release the land.
(3)
An expression, other than “the land”, that appears in subsection (2) of this
20
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 application were to be made and fully implemented, the person would
or might be entitled—
25
(a)
as a result of the implementing of the order,
(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).
30
(5)
A person is within Category 3 only if the person is known to the applicant after
making diligent inquiry.
(6)
In subsection (4) “relevant claim” means—
(a)
a claim under section 10 of the Compulsory Purchase Act 1965
(compensation where satisfaction not made for the taking, or injurious
35
affection, of land subject to compulsory purchase);
(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).
(7)
In this section “the land” means the land to which the application relates or any
40
part of that land.
58
Certifying compliance with section 56
(1)
Subsection (2) applies where—