|
| |
| |
| |
| |
(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 |
| |
| 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. |
| |
| |
Changes to existing planning regimes |
| 30 |
| |
Changes related to development consent regime |
| |
| |
| |
(1) | TCPA 1990 is amended as follows. |
| 35 |
(2) | In section 106 (planning obligations)— |
| |
| |
| |
|
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 40 |
| |
174 | Blighted land: England and Wales |
| |
(1) | TCPA 1990 is amended as follows. |
| |
| |
| |
|
| |
| |
(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. |
| |
| |
| Land ceases to fall within this paragraph when the national policy |
| 15 |
| |
(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 |
| |
“(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; |
| |
| |
| |
|
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(7) | In section 170 (“appropriate enactment” for purposes of Chapter 2) after |
| |
| |
“(8A) | In relation to land falling within paragraph 24(a) or (b) of that Schedule, |
| 15 |
“the appropriate enactment” is the order granting development |
| |
| |
(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 |
| |
| |
(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- |
| |
| |
(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 |
| |
(a) | the compulsory acquisition of the land is authorised by an |
| |
order granting development consent under the Planning Act |
| |
| |
(b) | the land falls within the limits of deviation within which |
| 40 |
powers of compulsory acquisition conferred by such an order |
| |
| |
(c) | an application for such an order seeks authority to |
| |
compulsorily acquire the land. |
| |
| |
| |
|
| |
| |
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- |
| |
| 5 |
(a) | one end of which is in England or Wales, and |
| |
(b) | the other end of which is in Scotland. |
| |
| |
| Land ceases to be within this paragraph when the national policy |
| |
| 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) |
| |
| |
“(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)— |
| |
| |
| |
|
| |
| |
(a) | whether the appropriate authority in relation to any land for the |
| |
purposes of this Chapter is the Secretary of State or a statutory |
| |
| |
(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 |
| |
| |
(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 |
| |
| 10 |
(8) | In section 121 (“appropriate enactment” for purposes of Chapter 2) after |
| |
| |
“(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;”. |
| |
| 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) |
| |
| |
“(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 |
| |
| |
| |
| |
|
| |
| |
| |
Other changes to existing planning regimes |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
