Planning Bill

House of Commons

Session 2007 - 08
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Planning Bill

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
63

(b)
the claim form is filed during the period of 6 weeks beginning with the
day on which notice of the change or revocation is given under
paragraph 4(6) of that Schedule or, if the change or revocation is
required to be made by order contained in a statutory instrument, the
day on which the order making the change or revocation is published.
5
(7)
A court may entertain proceedings for questioning anything else done, or
omitted to be done, by the Secretary of State or the Commission in relation to
an application for an order granting development consent only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
10
relevant day.
(8)
“The relevant day”, in relation to an application for an order granting
development consent, means the day on which—
(a)
the application is withdrawn,
(b)
the order granting development consent is published or (if later) the
15
statement of reasons for making the order is published, or
(c)
the statement of reasons for the refusal of development consent is
published.
(9)
Subsections (7) and (8) do not apply in relation to—
(a)
a failure to decide an application for an order granting development
20
consent, or
(b)
anything which delays (or is likely to delay) the decision on such an
application.
Chapter 10
Correction of errors
25
119
Correction of errors in development consent decisions
Schedule 4 (correction of errors in development consent decisions) has effect.
Part 7
Development consent orders
Chapter 1
30
Content of development consent orders
General
120
What may be included in order granting development consent
(1)
An order granting development consent may impose requirements in
connection with the development for which consent is granted.
35
(2)
The requirements may in particular include requirements corresponding to
conditions which could have been imposed on the grant of any permission,
consent or authorisation, or the giving of any notice, which (but for section
33(1)) would have been required for the development.

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
64

(3)
An order granting development consent may make provision relating to, or to
matters ancillary to, the development for which consent is granted.
(4)
The provision that may be made under subsection (3) includes in particular
provision for or relating to any of the matters listed in Part 1 of Schedule 5.
(5)
An order granting development consent may—
5
(a)
apply, modify or exclude a statutory provision which relates to any
matter for which provision may be made in the order;
(b)
make such amendments, repeals or revocations of statutory provisions
of local application as appear to the decision-maker to be necessary or
expedient in consequence of a provision of the order or in connection
10
with the order;
(c)
include any provision that appears to the decision-maker to be
necessary or expedient for giving full effect to any other provision of
the order;
(d)
include incidental, consequential, supplementary, transitional or
15
transitory provisions and savings.
(6)
In subsection (5) “statutory provision” means a provision of an Act or of an
instrument made under an Act.
(7)
Subsections (3) to (6) are subject to subsection (8) and the following provisions
of this Chapter.
20
(8)
An order granting development consent may not include provision—
(a)
making byelaws or conferring power to make byelaws;
(b)
creating offences or conferring power to create offences;
(c)
changing an existing power to make byelaws or create offences.
(9)
To the extent that provision for or relating to a matter may be included in an
25
order granting development consent, none of the following may include any
such provision—
(a)
an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (orders
in relation to harbours, docks and wharves);
(b)
an order under section 4(1) of the Gas Act 1965 (c. 36) (order
30
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.).
121
Proposed exercise of powers in relation to legislation
(1)
This section applies if a Panel, or the Council, proposes to make an order
35
granting development consent which includes provision made in exercise of
any of the powers conferred by section 120(5)(a) and (b) (“the legislation
powers”).
(2)
Before making the order, the Panel or Council must send a draft of it to the
Secretary of State.
40
(3)
If the Secretary of State thinks that any provision which the Panel or Council
proposes to include in the order in exercise of the legislation powers would
contravene Community law or any of the Convention rights, the Secretary of
State may give a direction requiring the Panel or Council to make specified
changes to the draft order.
45

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
65

(4)
The changes that may be specified in a direction under subsection (3) are
limited to those that the Secretary of State thinks are required in order to
prevent the contravention from arising.
(5)
The power of the Secretary of State to give a direction under subsection (3) is
not exercisable after the end of the period of 28 days beginning with the day on
5
which the Secretary of State receives the draft order.
(6)
In this section—
“Community law” means—
(a)
all the rights, powers, liabilities, obligations and restrictions
from time to time created or arising by or under the Community
10
Treaties, and
(b)
all the remedies and procedures from time to time provided for
by or under the Community Treaties;
“the Convention rights” has the same meaning as in the Human Rights
Act 1998 (c. 42).
15
Compulsory acquisition
122
Purpose for which compulsory acquisition may be authorised
(1)
An order granting development consent may include provision authorising
the compulsory acquisition of land only if the decision-maker is satisfied that
the conditions in subsections (2) and (3) are met.
20
(2)
The condition is that the land—
(a)
is required for the development to which the development consent
relates,
(b)
is required to facilitate or is incidental to that development, or
(c)
is replacement land which is to be given in exchange for the order land
25
under section 131 or 132.
(3)
The condition is that there is a compelling case in the public interest for the
land to be acquired compulsorily.
123
Land to which authorisation of compulsory acquisition can relate
(1)
An order granting development consent may include provision authorising
30
the compulsory acquisition of land only if the decision-maker is satisfied that
one of the conditions in subsections (2) to (4) is met.
(2)
The condition is that the application for the order included a request for
compulsory acquisition of the land to be authorised.
(3)
The condition is that all persons with an interest in the land consent to the
35
inclusion of the provision.
(4)
The condition is that the prescribed procedure has been followed in relation to
the land.

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
66

124
Guidance about authorisation of compulsory acquisition
(1)
The Secretary of State may issue guidance about the making of an order
granting development consent which includes provision authorising the
compulsory acquisition of land.
(2)
If a Panel or the Council proposes to make such an order, it must have regard
5
to any guidance issued under subsection (1).
125
Application of compulsory acquisition provisions
(1)
This section applies if an order granting development consent includes
provision authorising the compulsory acquisition of land.
(2)
Part 1 of the Compulsory Purchase Act 1965 (c. 56) (procedure for compulsory
10
purchase) applies to the compulsory acquisition of land under the order—
(a)
as it applies to a compulsory purchase to which Part 2 of the
Acquisition of Land Act 1981 (c. 67) applies, and
(b)
as if the order were a compulsory purchase order under that Act.
(3)
Part 1 of the Compulsory Purchase Act 1965, as applied by subsection (2), has
15
effect with the omission of the following provisions—
(a)
section 4 (time limit for exercise of compulsory purchase powers);
(b)
section 10 (compensation for injurious affection);
(c)
paragraph 3(3) of Schedule 3 (provision as to giving of bonds).
(4)
In so far as the order includes provision authorising the compulsory
20
acquisition of land in Scotland—
(a)
subsections (2) and (3) do not apply, and
(b)
the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
(c. 42) (“the 1947 Act”) applies to the compulsory acquisition of that
land under the order as if the order were a compulsory purchase order
25
as defined in section 1(1) of that Act.
(5)
The 1947 Act, as applied by subsection (4), has effect with the omission of the
following provisions—
(a)
Parts 2 and 3 of the First Schedule (compulsory purchase by Ministers
and special provisions as to certain descriptions of land);
30
(b)
section 116 of the Lands Clauses Consolidation (Scotland) Act 1845
(c. 19) (time limit for exercise of compulsory purchase powers) (that
section being incorporated into the 1947 Act by paragraph 1 of the
Second Schedule to the 1947 Act).
(6)
Subsections (2) to (5) are subject to any contrary provision made by the order
35
granting development consent.
126
Compensation for compulsory acquisition
(1)
This section applies in relation to an order granting development consent
which includes provision authorising the compulsory acquisition of land.
(2)
The order may not include provision the effect of which is to modify the
40
application of a compensation provision, except to the extent necessary to
apply the provision to the compulsory acquisition of land authorised by the
order.

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
67

(3)
The order may not include provision the effect of which is to exclude the
application of a compensation provision.
(4)
A compensation provision is a provision of or made under an Act which relates
to compensation for the compulsory acquisition of land.
127
Statutory undertakers’ land
5
(1)
This section applies in relation to land (“statutory undertakers’ land”) if—
(a)
the land has been acquired by statutory undertakers for the purposes of
their undertaking,
(b)
a representation has been made about an application for an order
granting development consent before the completion of the
10
examination of the application, and the representation has not been
withdrawn, and
(c)
as a result of the representation the decision-maker is satisfied that—
(i)
the land is used for the purposes of carrying on the statutory
undertakers’ undertaking, or
15
(ii)
an interest in the land is held for those purposes.
(2)
An order granting development consent may include provision authorising
the compulsory acquisition of statutory undertakers’ land only to the extent
that the Secretary of State—
(a)
is satisfied of the matters set out in subsection (3), and
20
(b)
issues a certificate to that effect.
(3)
The matters are that the nature and situation of the land are such that—
(a)
it can be purchased and not replaced without serious detriment to the
carrying on of the undertaking, or
(b)
if purchased it can be replaced by other land belonging to, or available
25
for acquisition by, the undertakers without serious detriment to the
carrying on of the undertaking.
(4)
Subsections (2) and (3) do not apply in a case within subsection (5).
(5)
An order granting development consent may include provision authorising
the compulsory acquisition of a right over statutory undertakers’ land by the
30
creation of a new right over land only to the extent that the Secretary of State—
(a)
is satisfied of the matters set out in subsection (6), and
(b)
issues a certificate to that effect.
(6)
The matters are that the nature and situation of the land are such that—
(a)
the right can be purchased without serious detriment to the carrying on
35
of the undertaking, or
(b)
any detriment to the carrying on of the undertaking, in consequence of
the acquisition of the right, can be made good by the undertakers by the
use of other land belonging to or available for acquisition by them.
(7)
If the Secretary of State issues a certificate under subsection (2) or (5), the
40
Secretary of State must—
(a)
publish in one or more local newspapers circulating in the locality in
which the statutory undertakers’ land is situated a notice in the
prescribed form that the certificate has been given, and
(b)
in a case where a Panel or the Council is the decision-maker, notify the
45
Commission that the certificate has been given.

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
68

(8)
In this section—
“statutory undertakers” has the meaning given by section 8 of the
Acquisition of Land Act 1981 (c. 67) and also includes the
undertakers—
(a)
which are deemed to be statutory undertakers for the purposes
5
of that Act, by virtue of another enactment;
(b)
which are statutory undertakers for the purposes of section
16(1) and (2) of that Act (see section 16(3) of that Act).
(9)
In the application of this section to a statutory undertaker which is a health
service body (as defined in section 60(7) of the National Health Service and
10
Community Care Act 1990 (c. 19)), references to land acquired or available for
acquisition by the statutory undertakers are to be construed as references to
land acquired or available for acquisition by the Secretary of State for use or
occupation by the body.
128
Local authority and statutory undertakers’ land: general
15
(1)
This section applies to land which—
(a)
is the property of a local authority, or
(b)
has been acquired by statutory undertakers (other than a local
authority) for the purposes of their undertaking.
(2)
An order granting development consent is subject to special parliamentary
20
procedure, to the extent that the order authorises the compulsory acquisition
of land to which this section applies, if the condition in subsection (3) is met.
(3)
The condition is that—
(a)
a representation has been made by the local authority or (as the case
may be) the statutory undertakers about the application for the order
25
granting development consent before the completion of the
examination of the application, and
(b)
the representation has not been withdrawn.
(4)
Subsection (2) is subject to section 129.
(5)
In this section—
30
“local authority” has the meaning given by section 7(1) of the Acquisition
of Land Act 1981;
“statutory undertakers” has the meaning given by section 8 of that Act
and also includes the undertakers—
(a)
which are deemed to be statutory undertakers for the purposes
35
of that Act, by virtue of another enactment;
(b)
which are statutory undertakers for the purposes of section
16(1) and (2) of that Act (see section 16(3) of that Act).
(6)
In the application of this section to a statutory undertaker which is a health
service body (as defined in section 60(7) of the National Health Service and
40
Community Care Act 1990), the reference to land acquired by statutory
undertakers is to be construed as a reference to land acquired by the Secretary
of State for use or occupation by the body.