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
69

129
Local authority and statutory undertakers’ land: acquisition by public body
(1)
Section 128(2) does not apply to the compulsory acquisition of land if the
person acquiring the land is any of the following—
(a)
a local authority;
(b)
a National Park authority;
5
(c)
an urban development corporation;
(d)
a Welsh planning board;
(e)
statutory undertakers;
(f)
a Minister of the Crown.
(2)
In this section—
10
“local authority” has the meaning given by section 17(4) of the Acquisition
of Land Act 1981 (c. 67);
“statutory undertakers” has the meaning given by section 8 of that Act
and also includes the authorities, bodies and undertakers—
(a)
which are deemed to be statutory undertakers for the purposes
15
of that Act, by virtue of another enactment;
(b)
which are statutory undertakers for the purposes of section
17(3) of that Act (see section 17(4) of that Act);
“Welsh planning board” means a board constituted under section 2(1B) of
TCPA 1990.
20
130
National Trust land
(1)
This section applies to land belonging to the National Trust which is held by
the Trust inalienably.
(2)
An order granting development consent is subject to special parliamentary
procedure, to the extent that the order authorises the compulsory acquisition
25
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 National Trust about the
application for the order granting development consent before the
completion of the examination of the application, and
30
(b)
the representation has not been withdrawn.
(4)
In this section “held inalienably”, in relation to land belonging to the National
Trust, means that the land is inalienable under section 21 of the National Trust
Act 1907 (c. cxxxvi) or section 8 of the National Trust Act 1939 (c. lxxxvi).
(5)
In this section “the National Trust” means the National Trust for Places of
35
Historic Interest or Natural Beauty incorporated by the National Trust Act
1907 (c. cxxxvi).
131
Commons, open spaces etc: compulsory acquisition of land
(1)
This section applies to any land forming part of a common, open space or fuel
or field garden allotment.
40
(2)
This section does not apply in a case to which section 132 applies.

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
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(3)
An order granting development consent is subject to special parliamentary
procedure, to the extent that the order authorises the compulsory acquisition
of land to which this section applies, unless the Secretary of State—
(a)
is satisfied that subsection (4) or (5) applies, and
(b)
issues a certificate to that effect.
5
(4)
This subsection applies if—
(a)
replacement land has been or will be given in exchange for the order
land, and
(b)
the replacement land has been or will be vested in the prospective seller
and subject to the same rights, trusts and incidents as attach to the order
10
land.
(5)
This subsection applies if—
(a)
the order land does not exceed 200 square metres in extent or is
required for the widening or drainage of an existing highway or partly
for the widening and partly for the drainage of such a highway, and
15
(b)
the giving in exchange of other land is unnecessary, whether in the
interests of the persons, if any, entitled to rights of common or other
rights or in the interests of the public.
(6)
If the Secretary of State proposes to issue a certificate under subsection (3), the
Secretary of State must—
20
(a)
give notice of the proposal or direct the person who applied for the
order granting development consent to do so, and
(b)
give any persons interested in the proposal an opportunity to make
representations about the proposal.
(7)
The Secretary of State may also cause a public local inquiry to be held in
25
relation to the proposal.
(8)
The Secretary of State may issue the certificate only after considering—
(a)
any representations made about the proposal, and
(b)
if an inquiry has been held under subsection (7), the report of the
person who held the inquiry.
30
(9)
Notice under subsection (6)(a) must be given in such form and manner as the
Secretary of State may direct.
(10)
If the Secretary of State issues a certificate under subsection (3), the Secretary
of State must—
(a)
publish in one or more local newspapers circulating in the locality in
35
which the order land is situated a notice in the prescribed form that the
certificate has been given, or direct the person who applied for the
order granting development consent to do so, and
(b)
in a case where a Panel or the Council is the decision-maker, notify the
Commission that the certificate has been given, or direct the person
40
who applied for the order granting development consent to do so.
(11)
If an order granting development consent authorises the compulsory
acquisition of land to which this section applies, it may include provision—
(a)
for vesting replacement land given in exchange as mentioned in
subsection (4)(a) in the prospective seller and subject to the rights,
45
trusts and incidents mentioned in subsection (4)(b), and

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Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
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(b)
for discharging the order land from all rights, trusts and incidents to
which it is subject.
(12)
In this section —
“common”, “fuel or field garden allotment” and “open space” have the
same meanings as in section 19 of the Acquisition of Land Act 1981
5
(c. 67);
“the order land” means the land authorised to be compulsorily acquired;
“the prospective seller” means the person or persons in whom the order
land is vested;
“replacement land” means land which is not less in area than the order
10
land and which is no less advantageous to the persons, if any, entitled
to rights of common or other rights, and to the public.
132
Commons, open spaces etc: compulsory acquisition of rights over land
(1)
This section applies to any land forming part of a common, open space or fuel
or field garden allotment.
15
(2)
An order granting development consent is subject to special parliamentary
procedure, to the extent that the order authorises the compulsory acquisition
of a right over land to which this section applies by the creation of a new right
over land, unless the Secretary of State—
(a)
is satisfied that one of subsections (3) to (5) applies, and
20
(b)
issues a certificate to that effect.
(3)
This subsection applies if the order land, when burdened with the order right,
will be no less advantageous than it was before to the following persons—
(a)
the persons in whom it is vested,
(b)
other persons, if any, entitled to rights of common or other rights, and
25
(c)
the public.
(4)
This subsection applies if—
(a)
replacement land has been or will be given in exchange for the order
right, and
(b)
the replacement land has been or will be vested in the persons in whom
30
the order land is vested and subject to the same rights, trusts and
incidents as attach to the order land (ignoring the order granting
development consent).
(5)
This subsection applies if—
(a)
the order land does not exceed 200 square metres in extent or the order
35
right is required in connection with the widening or drainage of an
existing highway or in connection partly with the widening and partly
with the drainage of such a highway, and
(b)
the giving of other land in exchange for the order right is unnecessary,
whether in the interests of the persons, if any, entitled to rights of
40
common or other rights or in the interests of the public.
(6)
If the Secretary of State proposes to issue a certificate under subsection (2), the
Secretary of State must—
(a)
give notice of the proposal or direct the person who applied for the
order granting development consent to do so, and
45

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Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
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(b)
give any persons interested in the proposal an opportunity to make
representations about the proposal.
(7)
The Secretary of State may also cause a public local inquiry to be held in
relation to the proposal.
(8)
The Secretary of State may issue the certificate only after considering—
5
(a)
any representations made about the proposal, and
(b)
if an inquiry has been held under subsection (7), the report of the
person who held the inquiry.
(9)
Notice under subsection (6)(a) must be given in such form and manner as the
Secretary of State may direct.
10
(10)
If the Secretary of State issues a certificate under subsection (2), the Secretary
of State must—
(a)
publish in one or more local newspapers circulating in the locality in
which the order land is situated a notice in the prescribed form that the
certificate has been given, or direct the person who applied for the
15
order granting development consent to do so, and
(b)
in a case where a Panel or the Council is the decision-maker, notify the
Commission that the certificate has been given, or direct the person
who applied for the order granting development consent to do so.
(11)
If an order granting development consent authorises the compulsory
20
acquisition of a right over land to which this section applies by the creation of
a new right over land, it may include provision—
(a)
for vesting replacement land given in exchange as mentioned in
subsection (4)(a) in the persons in whom the order land is vested and
subject to the rights, trusts and incidents mentioned in subsection
25
(4)(b), and
(b)
for discharging the order land from all rights, trusts and incidents to
which it has previously been subject so far as their continuance would
be inconsistent with the exercise of the order right.
(12)
In this section —
30
“common”, “fuel or field garden allotment” and “open space” have the
same meanings as in section 19 of the Acquisition of Land Act 1981
(c. 67);
“the order land” means the land to which this section applies over which
the order right is to be exercisable;
35
“the order right” means the right authorised to be compulsorily acquired;
“replacement land” means land which will be adequate to compensate the
following persons for the disadvantages which result from the
compulsory acquisition of the order right—
(a)
the persons in whom the order land is vested,
40
(b)
the persons, if any, entitled to rights of common or other rights
over the order land, and
(c)
the public.
133
Rights in connection with underground gas storage facilities
(1)
This section applies if—
45
(a)
the development to which an order granting development consent
relates is development within section 14(1)(c), and

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Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
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(b)
the order authorises the compulsory acquisition of one or more rights
within subsection (2).
(2)
The rights are—
(a)
a right to store gas in underground gas storage facilities;
(b)
a right to stop up a well, borehole or shaft, or prevent its use by another
5
person;
(c)
a right of way over land.
(3)
If the right within subsection (2) is an existing right to store gas in underground
gas storage facilities, this Act has effect in relation to the compulsory
acquisition of the right with the omission of section 131.
10
(4)
If the order authorises the compulsory acquisition of the right by the creation
of a new right within subsection (2), this Act has effect in relation to the
compulsory acquisition of the right with the omission of sections 127 to 132.
134
Notice of authorisation of compulsory acquisition
(1)
This section applies if—
15
(a)
an order is made granting development consent, and
(b)
the order includes provision authorising the compulsory acquisition of
land.
(2)
In this section —
“the order land” means—
20
(a)
in a case where the order granting development consent
authorises the compulsory acquisition of a right over land by
the creation of a new right, the land over which the right is to be
exercisable;
(b)
in any other case where the order granting development
25
consent authorises the compulsory acquisition of land, the land
authorised to be compulsorily acquired;
“the prospective purchaser” means—
(a)
in a case where the order granting development consent
authorises the compulsory acquisition of a right over land by
30
the creation of a new right, the person for whose benefit the
order authorises the creation of the right;
(b)
in any other case where the order granting development
consent authorises the compulsory acquisition of land, the
person authorised by the order to compulsorily acquire the
35
land.
(3)
After the order has been made, the prospective purchaser must—
(a)
serve a compulsory acquisition notice and a copy of the order on each
person to whom subsection (4) applies, and
(b)
affix a compulsory acquisition notice to a conspicuous object or objects
40
on or near the order land.
(4)
This subsection applies to any person who, if the order granting development
consent were a compulsory purchase order, would be a qualifying person for
the purposes of section 12(1) of the Acquisition of Land Act 1981 (c. 67) (notice
to owners, lessees and occupiers).
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Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
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(5)
A compulsory acquisition notice which is affixed under subsection (3)(b)
must—
(a)
be addressed to persons occupying or having an interest in the order
land, and
(b)
so far as practicable, be kept in place by the prospective purchaser until
5
the end of the period of 6 weeks beginning with the date on which the
order is published.
(6)
The prospective purchaser must also publish a compulsory acquisition notice
in one or more local newspapers circulating in the locality in which the order
land is situated.
10
(7)
A compulsory acquisition notice is a notice in the prescribed form—
(a)
describing the order land,
(b)
in a case where the order granting development consent authorises the
compulsory acquisition of a right over land by the creation of a new
right, describing the right,
15
(c)
stating that the order granting development consent includes provision
authorising the compulsory acquisition of a right over the land by the
creation of a right over it or (as the case may be) the compulsory
acquisition of the land, and
(d)
stating that a person aggrieved by the order may challenge the order
20
only in accordance with section 118.
(8)
A compulsory acquisition notice which is affixed under subsection (3)(b) must
also name a place where a copy of the order granting development consent
may be inspected at all reasonable hours.
Miscellaneous
25
135
Orders: Crown land
(1)
An order granting development consent may include provision authorising
the compulsory acquisition of an interest in Crown land only if—
(a)
it is an interest which is for the time being held otherwise than by or on
behalf of the Crown, and
30
(b)
the appropriate Crown authority consents to the acquisition.
(2)
An order granting development consent may include any other provision
applying in relation to Crown land, or rights benefiting the Crown, only if the
appropriate Crown authority consents to the inclusion of the provision.
(3)
The reference in subsection (2) to rights benefiting the Crown does not include
35
rights which benefit the general public.
(4)
For the purposes of this section “the Crown” includes—
(a)
the Duchy of Lancaster;
(b)
the Duchy of Cornwall;
(c)
the Speaker of the House of Lords;
40
(d)
the Speaker of the House of Commons;
(e)
the Corporate Officer of the House of Lords;
(f)
the Corporate Officer of the House of Commons.