|
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150 | Liability under existing regimes |
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An order granting development consent may not include provision the effect |
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of which is to exclude or modify the application of— |
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(a) | any provision of the Nuclear Installations Act 1965 (c. 57); |
| |
(b) | section 28 of, and Schedule 2 to, the Reservoirs Act 1975 (c. 23) (liability |
| 5 |
for damage and injury due to escape of water from a reservoir |
| |
| |
(c) | section 209 of the Water Industry Act 1991 (c. 56) (civil liability of water |
| |
undertakers for escapes of water from pipes); |
| |
(d) | section 48A of the Water Resources Act 1991 (c. 57) (civil remedies for |
| 10 |
loss or damage due to water abstraction). |
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151 | Compensation in case where no right to claim in nuisance |
| |
(1) | This section applies if, by virtue of section 157 or an order granting |
| |
development consent, there is a defence of statutory authority in civil or |
| |
criminal proceedings for nuisance in respect of any authorised works. |
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(2) | “Authorised works” are— |
| |
(a) | development for which consent is granted by an order granting |
| |
| |
(b) | anything else authorised by an order granting development consent. |
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(3) | A person by whom or on whose behalf any authorised works are carried out |
| 20 |
must pay compensation to any person whose land is injuriously affected by the |
| |
carrying out of the works. |
| |
(4) | A dispute as to whether compensation under subsection (3) is payable, or as to |
| |
the amount of the compensation, must be referred to the Lands Tribunal. |
| |
(5) | Subsection (2) of section 10 of the Compulsory Purchase Act 1965 (c. 56) |
| 25 |
(limitation on compensation) applies to subsection (3) of this section as it |
| |
| |
(6) | Any rule or principle applied to the construction of section 10 of that Act must |
| |
be applied to the construction of subsection (3) of this section (with any |
| |
necessary modifications). |
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(7) | 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) |
| |
applies in relation to authorised works as if— |
| |
(a) | references in that Part to any public works were to any authorised |
| |
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(b) | references in that Part to the responsible authority were to the person |
| |
for whose benefit the order granting development consent has effect for |
| |
| |
(c) | sections 1(6) and 17 were omitted. |
| |
(8) | An order granting development consent may not include provision the effect |
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of which is to remove or modify the application of any of subsections (1) to (7). |
| |
| |
| |
|
| |
| |
| |
Changes to, and revocation of, development consent orders |
| |
152 | Changes to, and revocation of, orders granting development consent |
| |
Schedule 6 (changes to, and revocation of, orders granting development |
| |
| 5 |
| |
| |
153 | Duration of development consent order |
| |
(1) | Development for which development consent is granted must be begun before |
| |
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(a) | the prescribed period, or |
| |
(b) | such other period (whether longer or shorter than that prescribed) as is |
| |
specified in the order granting the consent. |
| |
(2) | If the development is not begun before the end of the period applicable under |
| |
subsection (1), the order granting development consent ceases to have effect at |
| 15 |
| |
(3) | Where an order granting development consent authorises the compulsory |
| |
acquisition of land, steps of a prescribed description must be taken in relation |
| |
to the compulsory acquisition before the end of— |
| |
(a) | the prescribed period, or |
| 20 |
(b) | such other period (whether longer or shorter than that prescribed) as is |
| |
| |
(4) | If steps of the prescribed description are not taken before the end of the period |
| |
applicable under subsection (3), the authority to compulsorily acquire the land |
| |
under the order ceases to have effect. |
| 25 |
154 | When development begins |
| |
(1) | For the purposes of this Act (except Part 11) development is taken to begin on |
| |
the earliest date on which any material operation comprised in, or carried out |
| |
for the purposes of, the development begins to be carried out. |
| |
(2) | “Material operation” means any operation except an operation of a prescribed |
| 30 |
| |
155 | Benefit of development consent order |
| |
(1) | If an order granting development consent is made in respect of any land, the |
| |
order has effect for the benefit of the land and all persons for the time being |
| |
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(2) | Subsection (1) is subject to subsection (3) and any contrary provision made in |
| |
| |
| |
| |
|
| |
| |
(3) | To the extent that the development for which development consent is granted |
| |
is development within section 17(3), the order granting the consent has effect |
| |
for the benefit of a person for the time being interested in the land only if the |
| |
person is a gas transporter. |
| |
156 | Use of buildings in respect of which development consent granted |
| 5 |
(1) | If development consent is granted for development which includes the |
| |
erection, extension, alteration or re-erection of a building, the order granting |
| |
consent may specify the purposes for which the building is authorised to be |
| |
| |
(2) | If no purpose is so specified, the consent is taken to authorise the use of the |
| 10 |
building for the purpose for which it is designed. |
| |
157 | Nuisance: statutory authority |
| |
(1) | This subsection confers statutory authority for— |
| |
(a) | carrying out development for which consent is granted by an order |
| |
granting development consent; |
| 15 |
(b) | doing anything else authorised by an order granting development |
| |
| |
(2) | Statutory authority under subsection (1) is conferred only for the purpose of |
| |
providing a defence in civil or criminal proceedings for nuisance. |
| |
(3) | Subsections (1) and (2) are subject to any contrary provision made in any |
| 20 |
particular case by an order granting development consent. |
| |
158 | Interpretation: land and rights over land |
| |
(1) | This section applies for the purposes of this Part. |
| |
(2) | “Land” includes any interest in or right over land. |
| |
(3) | Acquiring a right over land includes acquiring it by the creation of a new right |
| 25 |
as well as by the acquisition of an existing one. |
| |
| |
| |
| |
159 | Development without development consent |
| 30 |
(1) | A person commits an offence if the person carries out, or causes to be carried |
| |
out, development for which development consent is required at a time when |
| |
no development consent is in force in respect of the development. |
| |
(2) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to a fine not exceeding £50,000, or |
| 35 |
(b) | on conviction on indictment, to a fine. |
| |
(3) | The Secretary of State may by order amend subsection (2)(a) to increase the |
| |
level of the fine for the time being specified in that provision. |
| |
| |
| |
|
| |
| |
160 | Breach of terms of order granting development consent |
| |
(1) | A person commits an offence if without reasonable excuse the person— |
| |
(a) | carries out, or causes to be carried out, development in breach of the |
| |
terms of an order granting development consent, or |
| |
(b) | otherwise fails to comply with the terms of an order granting |
| 5 |
| |
(2) | Subsection (1) is subject to sections 147(4) and 148(4). |
| |
(3) | It is a defence for a person charged with an offence under this section to prove |
| |
| |
(a) | the breach or failure to comply occurred only because of an error or |
| 10 |
omission in the order, and |
| |
(b) | a correction notice specifying the correction of the error or omission has |
| |
been issued under paragraph 2 of Schedule 4. |
| |
(4) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to a fine not exceeding £50,000, or |
| 15 |
(b) | on conviction on indictment, to a fine. |
| |
(5) | The Secretary of State may by order amend subsection (4)(a) to increase the |
| |
level of the fine for the time being specified in that provision. |
| |
| |
(1) | A person may not be charged with an offence under section 159 or 160 after the |
| 20 |
| |
(a) | the relevant 4-year period, or |
| |
(b) | if subsection (3) applies, the extended period. |
| |
(2) | The “relevant 4-year period” means— |
| |
(a) | in the case of an offence under section 159, the period of 4 years |
| 25 |
beginning with the date on which the development was substantially |
| |
| |
(b) | in the case of an offence under section 160, the period of 4 years |
| |
beginning with the later of— |
| |
(i) | the date on which the development was substantially |
| 30 |
| |
(ii) | the date on which the breach or failure to comply occurred. |
| |
(3) | This subsection applies if during the relevant 4-year period— |
| |
(a) | an information notice has been served under section 166, or |
| |
(b) | an injunction has been applied for under section 170. |
| 35 |
(4) | The “extended period” means the period of 4 years beginning with— |
| |
(a) | the date of service of the information notice, if subsection (3)(a) applies; |
| |
(b) | the date of the application for the injunction, if subsection (3)(b) applies; |
| |
(c) | the later (or latest) of those dates, if both paragraphs (a) and (b) of |
| |
| 40 |
| |
| |
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