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Planning Bill


Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 1 — Changes related to development consent regime

89

 

Isles of Scilly

171     

Isles of Scilly

(1)   

The Secretary of State may by order provide for the exercise by the Council of

the Isles of Scilly in relation to land in the Council’s area of any functions

exercisable by a local planning authority under any provision of this Part.

5

(2)   

Before making an order under this section the Secretary of State must consult

the Council of the Isles of Scilly.

The relevant local planning authority

172     

The relevant local planning authority

(1)   

This section applies for the purposes of this Part.

10

(2)   

The relevant local planning authority in relation to any land is the local

planning authority for the area in which the land is situated.

   

This is subject to subsections (3) to (5).

(3)   

Subsections (4) and (5) apply if the land is in an area for which there is both a

district planning authority and a county planning authority.

15

(4)   

If any of the relevant development is the construction or alteration of a

hazardous waste facility within section 14(1)(p), the relevant local planning

authority is the county planning authority.

(5)   

In any other case, the relevant local planning authority is the district planning

authority.

20

(6)   

“The relevant development” is—

(a)   

if the relevant offence is an offence under section 159 or 160(1)(a), the

development referred to in section 159(1) or 160(1)(a);

(b)   

if the relevant offence is an offence under section 160(1)(b), the

development to which the order granting development consent

25

mentioned in section 160(1)(b) relates.

(7)   

“The relevant offence” is the offence by reference to which a provision of this

Part confers a function on a local planning authority.

Part 9

Changes to existing planning regimes

30

Chapter 1

Changes related to development consent regime

Planning obligations

173     

Planning obligations

(1)   

TCPA 1990 is amended as follows.

35

(2)   

In section 106 (planning obligations)—

 
 

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 1 — Changes related to development consent regime

90

 

(a)   

after subsection (1) insert—

“(1A)   

In the case of a development consent obligation, the reference to

development in subsection (1)(a) includes anything that

constitutes development for the purposes of the Planning Act

2008.”;

5

(b)   

in subsection (9) after paragraph (a) insert—

“(aa)   

if the obligation is a development consent obligation,

contains a statement to that effect;”;

(c)   

after subsection (13) insert—

“(14)   

In this section and section 106A “development consent

10

obligation” means a planning obligation entered into in

connection with an application (or a proposed application) for

an order granting development consent.”

(3)   

In section 106A(11) (modification and discharge of planning obligations:

meaning of “the appropriate authority”) after paragraph (a) insert—

15

“(aa)   

the Secretary of State, in the case of any development consent

obligation where the application in connection with which the

obligation was entered into was (or is to be) decided by the

Secretary of State;

(ab)   

the Infrastructure Planning Commission, in the case of any

20

other development consent obligation;”.

(4)   

In section 106B(1) (appeals) after “an authority” insert “(other than the

Secretary of State or the Infrastructure Planning Commission)”.

(5)   

After section 106B insert—

“106C   

Legal challenges relating to development consent obligations

25

(1)   

A court may entertain proceedings for questioning a failure by the

Secretary of State or the Infrastructure Planning Commission to give

notice as mentioned in section 106A(7) 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

30

with the day on which the period prescribed under section

106A(7) ends.

(2)   

A court may entertain proceedings for questioning a determination by

the Secretary of State or the Infrastructure Planning Commission that a

planning obligation shall continue to have effect without modification

35

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 day on which notice of the determination is given

under section 106A(7).”

40

Blighted land

174     

Blighted land: England and Wales

(1)   

TCPA 1990 is amended as follows.

 
 

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 1 — Changes related to development consent regime

91

 

(2)   

In Schedule 13 (blighted land) after paragraph 23 insert—

“24        

Land falls within this paragraph if—

(a)   

the compulsory acquisition of the land is authorised by an

order granting development consent, or

(b)   

the land falls within the limits of deviation within which

5

powers of compulsory acquisition conferred by an order

granting development consent are exercisable, or

(c)   

an application for an order granting development consent

seeks authority to compulsorily acquire the land.

Land identified in national policy statements

10

25         

Land falls within this paragraph if the land is in a location identified

in a national policy statement as suitable (or potentially suitable) for

a specified description of development.

Note

           

Land ceases to fall within this paragraph when the national policy

15

statement—

(a)        

ceases to have effect, or

(b)        

ceases to identify the land as suitable or potentially suitable

for that description of development.”

(3)   

In section 150(1)(b) (notices requiring purchase of blighted land)—

20

(a)   

for “21 or” insert “21,”,

(b)   

after “notes)” insert “or paragraph 24”, and

(c)   

after “Schedule 13 and” insert “(except in the case of land falling within

paragraph 24(c) of that Schedule)”.

(4)   

In section 151 (counter-notices objecting to blight notices) after subsection (7)

25

insert—

“(7A)   

The grounds on which objection may be made in a counter-notice to a

blight notice served by virtue of paragraph 25 of Schedule 13 do not

include those mentioned in subsection (4)(b).”

(5)   

After section 165 (power of Secretary of State to acquire land affected by orders

30

relating to new towns etc. where blight notice served) insert—

“165A   

 Power of Secretary of State to acquire land identified in national

  policy statements where blight notice served

Where a blight notice has been served in respect of land falling within

paragraph 25 of Schedule 13, the Secretary of State has power to acquire

35

compulsorily any interest in the land in pursuance of the blight notice

served by virtue of that paragraph.”

(6)   

In section 169 (meaning of “the appropriate authority” for purposes of Chapter

2 of Part 6) after subsection (5) insert—

“(6)   

In relation to land falling within paragraph 25 of Schedule 13, “the

40

appropriate authority” is—

(a)   

if the national policy statement identifies a statutory undertaker

as an appropriate person to carry out the specified description

of development in the location, the statutory undertaker;

 
 

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 1 — Changes related to development consent regime

92

 

(b)   

in any other case, the Secretary of State.

(7)   

If any question arises by virtue of subsection (6)—

(a)   

whether the appropriate authority in relation to any land for the

purposes of this Chapter is the Secretary of State or a statutory

undertaker; or

5

(b)   

which of two or more statutory undertakers is the appropriate

authority in relation to any land for those purposes,

   

that question shall be referred to the Secretary of State, whose decision

shall be final.

(8)   

In subsections (6) and (7) “statutory undertaker” means a person who

10

is, or is deemed to be, a statutory undertaker for the purposes of any

provision of Part 11.”

(7)   

In section 170 (“appropriate enactment” for purposes of Chapter 2) after

subsection (8) insert—

“(8A)   

In relation to land falling within paragraph 24(a) or (b) of that Schedule,

15

“the appropriate enactment” is the order granting development

consent.

(8B)   

In relation to land falling within paragraph 24(c) of that Schedule, “the

appropriate enactment” is an order in the terms of the order applied for.

(8C)   

In relation to land falling within paragraph 25 of that Schedule, “the

20

appropriate enactment” is section 165A.”

(8)   

In section 171(1) (general interpretation of Chapter 2 of Part 6) at the

appropriate place insert—

““national policy statement” has the meaning given by section 5(2)

of the Planning Act 2008;”.

25

175     

Blighted land: Scotland

(1)   

The Town and Country Planning (Scotland) Act 1997 (c. 8) is amended as

follows.

(2)   

In Schedule 14 (blighted land) after paragraph 16 insert—

“17   (1)  

This paragraph applies to land which relates to the construction

30

(other than by a gas transporter) of an oil or gas cross-country pipe-

line—

(a)   

one end of which is in England or Wales, and

(b)   

the other end of which is in Scotland,

           

where one of the following conditions is met.

35

      (2)  

The conditions are—

(a)   

the compulsory acquisition of the land is authorised by an

order granting development consent under the Planning Act

2008,

(b)   

the land falls within the limits of deviation within which

40

powers of compulsory acquisition conferred by such an order

are exercisable,

(c)   

an application for such an order seeks authority to

compulsorily acquire the land.

 
 

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 1 — Changes related to development consent regime

93

 

Land identified in national policy statements so far as relating to certain pipe-lines

18         

This paragraph applies to land which is in a location identified in a

national policy statement as suitable (or potentially suitable) for the

construction (other than by a gas transporter) of an oil or gas cross-

country pipe-line—

5

(a)   

one end of which is in England or Wales, and

(b)   

the other end of which is in Scotland.

Note

           

Land ceases to be within this paragraph when the national policy

statement—

10

(a)        

ceases to have effect, or

(b)        

ceases to identify the land as suitable or potentially suitable

for the construction of such a pipe-line.”

(3)   

In section 100 (scope of Chapter 2 of Part 5) after subsection (5) insert—

“(5A)   

In the application of subsections (3)(a) and (4) in relation to land to

15

which paragraph 17 or 18 of Schedule 14 applies, references to the

Scottish Ministers are to be read as references to the Secretary of State.”

(4)   

In section 101(1)(b) (notices requiring purchase of blighted land)—

(a)   

for “or 15” substitute “, 15 or 17”, and

(b)   

after “Schedule 14 and” insert “(except in the case of land falling within

20

paragraph 17 by virtue of paragraph 17(2)(c))”.

(5)   

In section 102 (counter-notices objecting to blight notices) after subsection (7)

insert—

“(7A)   

An objection may not be made on the ground mentioned in paragraph

(b) of subsection (4) in a counter-notice to a blight notice served by

25

virtue of paragraph 18 of Schedule 14.”

(6)   

After section 116 insert—

“116A   

Power of Secretary of State to acquire land identified in national

policy statements where blight notice served

Where a blight notice has been served in respect of land falling within

30

paragraph 18 of Schedule 14, the Secretary of State has power to acquire

compulsorily any interest in the land in pursuance of the blight notice

served by virtue of that paragraph.”

(7)   

In section 120 (meaning of “the appropriate authority” for purposes of Chapter

2 of Part 5) after subsection (4) insert—

35

“(5)   

In relation to land falling within paragraph 18 of Schedule 14, “the

appropriate authority” is—

(a)   

if the national policy statement identifies a statutory undertaker

as an appropriate person to carry out the specified description

of development in the location, the statutory undertaker;

40

(b)   

in any other case, the Secretary of State.

(6)   

If any question arises by virtue of subsection (5)—

 
 

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 1 — Changes related to development consent regime

94

 

(a)   

whether the appropriate authority in relation to any land for the

purposes of this Chapter is the Secretary of State or a statutory

undertaker; or

(b)   

which of two or more statutory undertakers is the appropriate

authority in relation to any land for those purposes,

5

   

that question shall be referred to the Secretary of State, whose decision

shall be final.

(7)   

In subsections (5) and (6) “statutory undertaker” means a person who

is, or is deemed to be, a statutory undertaker for the purposes of any

provision of Part 10.”

10

(8)   

In section 121 (“appropriate enactment” for purposes of Chapter 2) after

subsection (7) insert—

“(7A)   

In relation to land falling within paragraph 17 of that Schedule by

virtue of paragraph 17(2)(a) or (b), “the appropriate enactment” means

the order granting development consent.

15

(7B)   

In relation to land falling within paragraph 17 of that Schedule by

virtue of paragraph 17(2)(c), “the appropriate enactment” means an

order in the terms of the order applied for.

(7C)   

In relation to land falling within paragraph 18 of that Schedule, “the

appropriate enactment” means section 116A.”

20

(9)   

In section 122 (general interpretation of Chapter 2 of Part 5)—

(a)   

after the definition of “crofter” insert—

““cross-country pipe-line” has the meaning given by

section 66 of the Pipe-lines Act 1962 (c. 58);

“gas transporter” has the same meaning as in Part 1 of the

25

Gas Act 1986 (see section 7(1) of that Act);”, and

(b)   

after the definition of “hereditament” insert—

““national policy statement” has the meaning given by

section 5(2) of the Planning Act 2008;”.

Grants

30

176     

Grants for advice and assistance: England and Wales

In section 304A(1) of TCPA 1990 (grants for assisting the provision of advice

and assistance in connection with planning matters), after paragraph (b)

insert—

“(ba)   

the Planning Act 2008;”.

35

177     

Grants for advice and assistance: Scotland

(1)   

The Secretary of State may make grants for the purpose of assisting any person

to provide advice and assistance in connection with any matter which is related

to the application of this Act to Scotland.

(2)   

The Secretary of State may, as respects any such grant, provide that it is to be

40

subject to such terms and conditions as the Secretary of State thinks

appropriate.

 
 

Planning Bill
Part 9 — Changes to existing planning regimes
Chapter 2 — Other changes to existing planning regimes

95

 

Chapter 2

Other changes to existing planning regimes

Regional functions

178     

Delegation of functions of regional planning bodies

(1)   

In Part 1 of PCPA 2004 (regional functions) after section 4 insert—

5

“4A     

Delegation of RPB functions to regional development agencies

(1)   

The RPB may make arrangements with the regional development

agency for its region for the exercise by the agency on behalf of the RPB

of any of the RPB’s functions.

(2)   

Subsection (3) applies if, by virtue of section 2(7), the Secretary of State

10

has power to exercise any functions of the RPB.

(3)   

The Secretary of State may make arrangements with the regional

development agency for the region of the RPB for the exercise by the

agency on behalf of the Secretary of State of any of the RPB’s functions.

(4)   

Subsection (5) applies if, by virtue of section 10(3), the Secretary of State

15

has power to prepare a draft revision of the RSS because of a failure to

comply by the RPB.

(5)   

The Secretary of State may make arrangements with the regional

development agency for the region of the RPB for the exercise by the

agency on behalf of the Secretary of State of the Secretary of State’s

20

function under section 10(3).

(6)   

Arrangements under this section—

(a)   

may be made only if the regional development agency agrees to

the making of the arrangements and their terms;

(b)   

may be varied only if the regional development agency agrees

25

to the variation and the terms of the variation.

(7)   

Arrangements under subsection (1) may be brought to an end at any

time by the RPB.

(8)   

Arrangements under subsection (3) or (5) may be brought to an end at

any time by the Secretary of State.

30

(9)   

A regional development agency which, by virtue of arrangements

under this section, has power, or is required, to exercise a function of

the RPB, may do anything which is calculated to facilitate, or is

conducive or incidental to, the exercise of the function.

(10)   

Arrangements under subsection (1) for the exercise of a function by a

35

regional development agency do not prevent the RPB from exercising

the function.

(11)   

Arrangements under subsection (3) or (5) for the exercise of a function

by a regional development agency do not prevent the Secretary of State

from exercising the function.

40

 
 

 
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