|
| |
|
(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 |
| |
(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(a) | the application is withdrawn, |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 |
| |
| |
(9) | Subsections (7) and (8) do not apply in relation to— |
| |
(a) | a failure to decide an application for an order granting development |
| 20 |
| |
(b) | anything which delays (or is likely to delay) the decision on such an |
| |
| |
| |
| 25 |
119 | Correction of errors in development consent decisions |
| |
Schedule 4 (correction of errors in development consent decisions) has effect. |
| |
| |
Development consent orders |
| |
| 30 |
Content of development consent orders |
| |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
(c) | include any provision that appears to the decision-maker to be |
| |
necessary or expedient for giving full effect to any other provision of |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(2) | Before making the order, the Panel or Council must send a draft of it to the |
| |
| 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 |
|
| |
|
| |
|
(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. |
| |
| |
| |
(a) | all the rights, powers, liabilities, obligations and restrictions |
| |
from time to time created or arising by or under the Community |
| 10 |
| |
(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 |
| |
| 15 |
| |
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 |
| |
| |
(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 |
| |
(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 |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
(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. |
| |
|
| |
|
| |
|
| |
“statutory undertakers” has the meaning given by section 8 of the |
| |
Acquisition of Land Act 1981 (c. 67) and also includes the |
| |
| |
(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 |
| |
| |
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. |
| |
| 30 |
“local authority” has the meaning given by section 7(1) of the Acquisition |
| |
| |
“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. |
| |
|
| |
|