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Planning Bill


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

96

 

(12)   

“Regional development agency” means a development agency

established under section 1 of the Regional Development Agencies Act

1998.”’.

(2)   

The Regional Development Agencies Act 1998 (c. 45) is amended as follows.

(3)   

In section 8 (regional consultation) after subsection (2) insert—

5

“(2A)   

The reference in subsection (2)(b) to the functions of a regional

development agency does not include any function conferred by

arrangements under section 4A of the Planning and Compulsory

Purchase Act 2004 (delegation of functions of regional planning bodies

to regional development agencies).”

10

(4)   

In section 11 (borrowing) after subsection (4) insert—

“(4A)   

The references in subsections (2) and (4) to the functions of a regional

development agency do not include any function conferred by

arrangements under section 4A of the Planning and Compulsory

Purchase Act 2004 (delegation of functions of regional planning bodies

15

to regional development agencies).”

(5)   

In section 18 (regional accountability) after subsection (1) insert—

“(1A)   

The reference in subsection (1)(c) to the functions of a regional

development agency does not include any function conferred by

arrangements under section 4A of the Planning and Compulsory

20

Purchase Act 2004 (delegation of functions of regional planning bodies

to regional development agencies).”

(6)   

In paragraph 7 of Schedule 2 (delegation of functions by regional development

agencies) after sub-paragraph (1) insert—

   “(1A)  

The reference in sub-paragraph (1) to anything authorised or

25

required to be done under an enactment includes a reference to

anything authorised or required to be done under arrangements

made under an enactment.”

Local development

179     

Local development documents

30

(1)   

PCPA 2004 is amended as follows.

(2)   

In section 15(2) (matters which must be specified in local development

scheme)—

(a)   

omit paragraph (a);

(b)   

before paragraph (b) insert—

35

“(aa)   

the local development documents which are to be

development plan documents;”;

(c)   

in paragraph (b) for “document” substitute “development plan

document”;

(d)   

omit paragraph (c);

40

(e)   

in paragraphs (d) and (f) for “documents” substitute “development

plan documents”.

(3)   

In section 17 (local development documents)—

 
 

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

97

 

(a)   

omit subsections (1) and (2);

(b)   

in subsection (3) for “The local development documents” substitute

“The local planning authority’s local development documents”;

(c)   

in subsection (4) for the words before “in relation to development

which is a county matter” substitute “Where a county council is

5

required to prepare a minerals and waste development scheme in

respect of an area, the council’s local development documents must

(taken as a whole) set out the council’s policies (however expressed) for

that area”;

(d)   

in subsection (7), before paragraph (a) insert—

10

“(za)   

which descriptions of documents are, or if prepared are,

to be prepared as local development documents;”.

(4)   

In section 18 (statements of community involvement)—

(a)   

for subsection (3) substitute—

“(3)   

For the purposes of this Part (except sections 19(2) and 24) the

15

statement of community involvement is a local development

document.

   

This is subject to section 17(8).”;

(b)   

after subsection (3) insert—

“(3A)   

The statement of community involvement must not be specified

20

as a development plan document in the local development

scheme.”;

(c)   

omit subsections (4) to (6).

(5)   

In section 19 (preparation of local development documents)—

(a)   

in subsection (1) for “Local development documents” substitute

25

“Development plan documents”;

(b)   

in subsection (2) after “In preparing a” insert “development plan

document or any other”;

(c)   

in subsection (3) for “other local development documents” substitute

“local development documents (other than their statement of

30

community involvement)”;

(d)   

in subsection (5) for “document” substitute “development plan

document”.

(6)   

In section 37 (interpretation of Part 2)—

(a)   

in subsection (2) for “section 17” substitute “sections 17 and 18(3)”;

35

(b)   

for subsection (3) substitute—

“(3)   

A development plan document is a local development

document which is specified as a development plan document

in the local development scheme.”

(7)   

In section 38 (development plan) after subsection (8) insert—

40

“(9)   

Development plan document must be construed in accordance with

section 37(3).”

 
 

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

98

 

Climate change

180     

Regional spatial strategies: climate change policies

(1)   

Section 1 of the Planning and Compulsory Purchase Act 2004 (c. 5) (regional

functions: regional spatial strategies) is amended as follows.

(2)   

After subsection (2) insert—

5

“(2A)   

The RSS must include policies designed to secure that the development

and use of land in the region contribute to the mitigation of, and

adaptation to, climate change.”

(3)   

In subsection (3) for “subsection (2)” substitute “subsections (2) and (2A)”.

181     

Development plan documents: climate change policies

10

In section 19 of PCPA 2004 (preparation of local development documents) after

subsection (1) insert—

“(1A)   

Development plan documents must (taken as a whole) include policies

designed to secure that the development and use of land in the local

planning authority’s area contribute to the mitigation of, and

15

adaptation to, climate change.”

Correction of errors

182     

Correction of errors in decisions

In section 56(3)(c) of PCPA 2004 (appropriate consent required for correction

of errors) at the beginning insert “in a case where the decision document relates

20

to the exercise of a function in relation to Wales,”.

Validity of strategies, plans and documents

183     

Power of High Court to remit strategies, plans and documents

In section 113 of PCPA 2004 (validity of strategies, plans and documents) for

subsection (7) substitute—

25

“(7)   

The High Court may—

(a)   

quash the relevant document;

(b)   

remit the relevant document to a person or body with a function

relating to its preparation, publication, adoption or approval.

(7A)   

If the High Court remits the relevant document under subsection (7)(b)

30

it may give directions as to the action to be taken in relation to the

document.

(7B)   

Directions under subsection (7A) may in particular—

(a)   

require the relevant document to be treated (generally or for

specified purposes) as not having been approved or adopted;

35

(b)   

require specified steps in the process that has resulted in the

approval or adoption of the relevant document to be treated

 
 

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

99

 

(generally or for specified purposes) as having been taken or as

not having been taken;

(c)   

require action to be taken by a person or body with a function

relating to the preparation, publication, adoption or approval of

the document (whether or not the person or body to which the

5

document is remitted);

(d)   

require action to be taken by one person or body to depend on

what action has been taken by another person or body.

(7C)   

The High Court’s powers under subsections (7) and (7A) are

exercisable in relation to the relevant document—

10

(a)   

wholly or in part;

(b)   

generally or as it affects the property of the applicant.”

184     

Power of High Court to remit unitary development plans in Wales

(1)   

Subsection (2) applies in relation to section 287 of TCPA 1990 (proceedings for

questioning validity of development plans etc.), as that section continues to

15

have effect by virtue of paragraph (3) of article 3 of the Planning and

Compulsory Purchase Act 2004 (Commencement No. 6, Transitional

Provisions and Savings) Order 2005 (S.I. 2005/2847) for the purposes of the

transitional arrangements mentioned in that paragraph.

(2)   

In that section, after subsection (3) insert—

20

“(3A)   

Subsections (3B) to (3E) apply if—

(a)   

an application is made under this section in relation to a unitary

development plan, and

(b)   

on the application the High Court is satisfied as mentioned in

subsection (2)(b).

25

(3B)   

The High Court may remit the plan to a person or body with a function

relating to its preparation, publication, adoption or approval.

(3C)   

If the High Court remits the plan under subsection (3B) it may give

directions as to the action to be taken in relation to the plan.

(3D)   

Directions under subsection (3B) may in particular—

30

(a)   

require the plan to be treated (generally or for specified

purposes) as not having been approved or adopted;

(b)   

require specified steps in the process that has resulted in the

approval or adoption of the plan to be treated (generally or for

specified purposes) as having been taken or as not having been

35

taken;

(c)   

require action to be taken by a person or body with a function

relating to the preparation, publication, adoption or approval of

the plan (whether or not the person or body to which it is

remitted);

40

(d)   

require action to be taken by one person or body to depend on

what action has been taken by another person or body.

(3E)   

The High Court’s powers under subsections (3B) and (3C) are

exercisable in relation to the plan—

(a)   

wholly or in part;

45

(b)   

generally or as it affects the property of the applicant.”

 
 

 
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