Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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.”