House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
Other Bills before Parliament

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the application is withdrawn,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.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 13 November 2008