|
| |
|
| |
(1) | The appropriate authority may by regulations make provision for the payment |
| |
of compensation in connection with the operation of this Chapter. |
| |
(2) | Regulations under subsection (1) may (in particular)— |
| |
(a) | provide for any entitlement conferred by the regulations to apply only |
| 5 |
in cases specified in the regulations; |
| |
(b) | provide for any entitlement conferred by the regulations to be subject |
| |
to conditions, including conditions as to time limits; |
| |
(c) | make provision about— |
| |
(i) | who is to pay compensation payable under the regulations; |
| 10 |
(ii) | who is to be entitled to compensation under the regulations; |
| |
(iii) | what compensation under the regulations is to be paid in |
| |
| |
(iv) | the amount, or calculation, of compensation under the |
| |
| 15 |
(v) | the procedure to be followed in connection with claiming |
| |
compensation under the regulations; |
| |
(vi) | the review of decisions made under the regulations. |
| |
| |
| 20 |
If land is included in a local authority’s list of assets of community value— |
| |
(a) | inclusion in the list is a local land charge, and |
| |
(b) | that authority is the originating authority for the purposes of the Local |
| |
| |
| 25 |
(1) | The appropriate authority may by regulations make provision— |
| |
(a) | with a view to preventing, or reducing the likelihood, of contraventions |
| |
| |
(b) | as to the consequences applicable in the event of contraventions of |
| |
| 30 |
(2) | The provision that may be made under subsection (1) includes (in particular)— |
| |
(a) | provision for transactions entered into in breach of section 79(1) to be |
| |
set aside or to be ineffective; |
| |
(b) | provision about entries on registers relating to land. |
| |
(3) | The provision that may be made under subsection (1) includes provision |
| 35 |
| |
| |
(b) | an instrument made under legislation. |
| |
(4) | In subsection (3) “legislation” means— |
| |
| 40 |
(b) | a Measure or Act of the National Assembly for Wales. |
| |
|
| |
|
| |
|
| |
This Chapter binds the Crown. |
| |
Interpretation of Chapter |
| |
86 | Meaning of “local authority” |
| |
(1) | In this Chapter “local authority” in relation to England means— |
| 5 |
| |
(b) | a county council for an area in England for which there are no district |
| |
| |
(c) | a London borough council, |
| |
(d) | the Common Council of the City of London, or |
| 10 |
(e) | the Council of the Isles of Scilly. |
| |
(2) | The Secretary of State may by order amend this section for the purpose of |
| |
changing the meaning in this Chapter of “local authority” in relation to |
| |
| |
(3) | In this Chapter “local authority” in relation to Wales means— |
| 15 |
(a) | a county council in Wales, or |
| |
(b) | a county borough council. |
| |
(4) | The Welsh Ministers may by order amend this section for the purpose of |
| |
changing the meaning in this Chapter of “local authority” in relation to Wales. |
| |
| 20 |
(1) | In this Chapter “owner”, in relation to land, is to be read as follows. |
| |
(2) | The owner of any land is the person in whom the freehold estate in the land is |
| |
vested, but not if there is a qualifying leasehold estate in the land. |
| |
(3) | If there is just one qualifying leasehold estate in any land, the owner of the land |
| |
is the person in whom that estate is vested. |
| 25 |
(4) | If there are two or more qualifying leasehold estates in the same land, the |
| |
owner of the land is the person in whom is vested the qualifying leasehold |
| |
estate that is more or most distant (in terms of the number of intervening |
| |
leasehold estates) from the freehold estate. |
| |
(5) | In this section “qualifying leasehold estate”, in relation to any land, means an |
| 30 |
estate by virtue of a lease of the land for a term which, when granted, had at |
| |
| |
(6) | The appropriate authority may by order amend this section— |
| |
(a) | for the purpose of changing the definition of “owner” for the time being |
| |
| 35 |
(b) | for the purpose of defining “owner” for the purposes of this Chapter in |
| |
a case where, for the time being, this section does not define that |
| |
| |
88 | Interpretation of Chapter: general |
| |
| 40 |
|
| |
|
| |
|
| |
(a) | in relation to England means the Secretary of State, and |
| |
(b) | in relation to Wales means the Welsh Ministers; |
| |
“building” includes part of a building; |
| |
“community nomination” has the meaning given by section 73(2); |
| 5 |
| |
| |
(b) | part of any other structure, and |
| |
(c) | mines and minerals, whether or not held with the surface; |
| |
“land of community value” is to be read in accordance with section 72; |
| 10 |
“local authority” is to be read in accordance with section 86; |
| |
“owner”, in relation to any land, is to read in accordance with section 87; |
| |
“unsuccessful”, in relation to a community nomination, has the meaning |
| |
given by sections 74(5) and 76(4)(b)(i). |
| |
(2) | For the meaning of “list of assets of community value” see section 71(2). |
| 15 |
(3) | For the meaning of “list of land nominated by unsuccessful community |
| |
nominations” see section 77(2). |
| |
| |
| |
| 20 |
| |
89 | Abolition of regional strategies |
| |
(1) | The following provisions are repealed— |
| |
(a) | sections 82(1) and 83 of the Local Democracy, Economic Development |
| |
and Construction Act 2009 (effect of regional strategies), and |
| 25 |
(b) | the remaining provisions of Part 5 of that Act (regional strategy). |
| |
(2) | Subsection (1)(b) does not apply to— |
| |
(a) | section 85(1) (consequential provision) of that Act, |
| |
(b) | Schedule 5 to that Act (regional strategy: amendments) (but see Part 14 |
| |
of Schedule 24 to this Act), or |
| 30 |
(c) | Part 4 of Schedule 7 to that Act (regional strategy: repeals). |
| |
(3) | The regional strategies under Part 5 of that Act are revoked. |
| |
(4) | A direction given by the Secretary of State under paragraph 1(3) of Schedule 8 |
| |
to the Planning and Compulsory Purchase Act 2004 (directions preserving |
| |
development plan policies) is revoked if and so far as it relates to a policy |
| 35 |
contained in a structure plan. |
| |
(5) | Schedule 8 (which contains amendments that are consequential on this section) |
| |
| |
90 | Duty to co-operate in relation to planning of sustainable development |
| |
In Part 2 of the Planning and Compulsory Purchase Act 2004 (local |
| 40 |
|
| |
|
| |
|
development) after section 33 insert— |
| |
“33A | Duty to co-operate in relation to planning of sustainable development |
| |
| |
(a) | a local planning authority, or |
| |
(b) | a body, or other person, that is prescribed or of a prescribed |
| 5 |
| |
| must co-operate with every other person who is within paragraph (a) |
| |
or (b) in maximising the effectiveness with which activities within |
| |
subsection (3) are undertaken. |
| |
(2) | In particular, the duty imposed on a person by subsection (1) requires |
| 10 |
the person to engage constructively, actively and on an ongoing basis |
| |
in any process by means of which activities within subsection (3) are |
| |
| |
(3) | The activities within this subsection are— |
| |
(a) | the preparation of development plan documents, |
| 15 |
(b) | the preparation of other local development documents, and |
| |
(c) | other activities that support the planning of development, |
| |
| so far as relating to sustainable development and use of land including, |
| |
in particular, sustainable development and use of land for or in |
| |
connection with strategic infrastructure. |
| 20 |
(4) | The engagement required of a person by subsection (2) includes, in |
| |
| |
(a) | giving a substantive response if consulted under this Part in |
| |
connection with the undertaking of activities within subsection |
| |
| 25 |
(b) | giving a substantive response to any request received from a |
| |
person within subsection (1)(a) or (b) for information to assist |
| |
the maker of the request to discharge responsibilities in |
| |
connection with the undertaking of activities within subsection |
| |
| 30 |
(5) | A person subject to the duty under subsection (1) must have regard to |
| |
any guidance given by the Secretary of State about how the duty is to |
| |
| |
(6) | A person, or description of persons, may be prescribed for the purposes |
| |
of subsection (1)(b) only if the person, or persons of that description, |
| 35 |
exercise functions for the purposes of an enactment.” |
| |
91 | Local development schemes |
| |
(1) | Section 15 of the Planning and Compulsory Purchase Act 2004 (preparation, |
| |
revision and promulgation of local development schemes) is amended as |
| |
| 40 |
(2) | Omit subsection (3) (requirements as to preparation of schemes). |
| |
(3) | In subsection (4) (Secretary of State or Mayor of London may direct that |
| |
scheme be amended) after “thinks appropriate” insert “for the purpose of |
| |
ensuring effective coverage of the authority’s area by the development plan |
| |
documents (taken as a whole) for that area”. |
| 45 |
|
| |
|
| |
|
(4) | In subsection (6A)(b) (provision about directions given by Mayor of London |
| |
under subsection (4)) for “the scheme is not to be brought into effect” substitute |
| |
“effect is not to be given to the direction”. |
| |
(5) | For subsection (7) (regulations about publicity, inspection and bringing |
| |
schemes into effect) substitute— |
| 5 |
“(7) | To bring the scheme into effect, the local planning authority must |
| |
resolve that the scheme is to have effect and in the resolution specify the |
| |
date from which the scheme is to have effect.” |
| |
(6) | After subsection (8A) insert— |
| |
“(8AA) | A direction may be given under subsection (8)(b) only if the person |
| 10 |
giving the direction thinks that revision of the scheme is necessary for |
| |
the purpose of ensuring effective coverage of the authority’s area by the |
| |
development plan documents (taken as a whole) for that area.” |
| |
(7) | After subsection (9) insert— |
| |
“(9A) | The local planning authority must make the following available to the |
| 15 |
| |
(a) | the up-to-date text of the scheme, |
| |
(b) | a copy of any amendments made to the scheme, and |
| |
(c) | up-to-date information showing the state of the authority’s |
| |
compliance (or non-compliance) with the timetable mentioned |
| 20 |
| |
92 | Adoption and withdrawal of development plan documents |
| |
(1) | The Planning and Compulsory Purchase Act 2004 is amended as follows. |
| |
(2) | For section 20(7) (independent examiner must make recommendations with |
| |
| 25 |
“(7) | Where the person appointed to carry out the examination— |
| |
(a) | has carried it out, and |
| |
(b) | considers that, in all the circumstances, it would be reasonable |
| |
to conclude that the document satisfies the requirements |
| |
mentioned in subsection (5)(a) and is sound, |
| 30 |
| the person must recommend that the document is adopted and give |
| |
reasons for the recommendation. |
| |
(7A) | Where the person appointed to carry out the examination— |
| |
(a) | has carried it out, and |
| |
(b) | is not required by subsection (7) to recommend that the |
| 35 |
| |
| the person must recommend non-adoption of the document and give |
| |
reasons for the recommendation. |
| |
(7B) | If asked to do so by the local planning authority, the person appointed |
| |
to carry out the examination must recommend modifications of the |
| 40 |
document that would make it one that— |
| |
(a) | satisfies the requirements mentioned in subsection (5)(a), and |
| |
| |
(3) | For section 23(2) and (3) (adoption of development plan documents, whether |
| |
|
| |
|
| |
|
as prepared or with modifications, must be in accordance with independent |
| |
examiner’s recommendations) substitute— |
| |
“(2) | If the person appointed to carry out the independent examination of a |
| |
development plan document recommends that it is adopted, the |
| |
authority may adopt the document— |
| 5 |
| |
(b) | with modifications that (taken together) do not materially affect |
| |
the policies set out in it. |
| |
(2A) | Subsection (3) applies if the person appointed to carry out the |
| |
independent examination of a development plan document— |
| 10 |
(a) | recommends non-adoption, and |
| |
(b) | under section 20(7B) recommends modifications (“the main |
| |
| |
(3) | The authority may adopt the document— |
| |
(a) | with the main modifications, or |
| 15 |
(b) | with the main modifications and additional modifications if the |
| |
additional modifications (taken together) do not materially |
| |
affect the policies that would be set out in the document if it was |
| |
adopted with the main modifications but no other |
| |
| 20 |
(4) | Omit section 22(2) (development plan document not to be withdrawn once |
| |
submitted for independent examination unless examiner or Secretary of State |
| |
directs that it be withdrawn). |
| |
(5) | In section 21 (intervention by Secretary of State) after subsection (9) insert— |
| |
“(9A) | The Secretary of State may at any time— |
| 25 |
(a) | after a development plan document has been submitted for |
| |
independent examination under section 20, but |
| |
(b) | before it is adopted under section 23, |
| |
| direct the local planning authority to withdraw the document.” |
| |
(6) | The amendments made by subsections (2) and (3) apply in relation to all |
| 30 |
adoptions of development plan documents that take place after the coming |
| |
into force of those subsections, including an adoption where steps in relation |
| |
to the document have taken place before then. |
| |
93 | Local development: monitoring reports |
| |
(1) | Section 35 of the Planning and Compulsory Purchase Act 2004 (local planning |
| 35 |
authority must make annual report to Secretary of State) is amended as |
| |
| |
(2) | Omit subsection (1) (duty to make annual report). |
| |
(3) | In subsection (2) (contents of annual report) for “The annual report must |
| |
contain” substitute “Every local planning authority must prepare reports |
| 40 |
| |
(4) | In subsection (3) (rules about annual reports) for the words from the beginning |
| |
to the end of paragraph (b) substitute— |
| |
| “A report under subsection (2) must— |
| |
|
| |
|
| |
|
(a) | be in respect of a period— |
| |
(i) | which the authority considers appropriate in the |
| |
interests of transparency, |
| |
(ii) | which begins with the end of the period covered by the |
| |
authority’s most recent report under subsection (2), and |
| 5 |
(iii) | which is not longer than 12 months or such shorter |
| |
period as is prescribed;”. |
| |
(5) | After subsection (3) insert— |
| |
“(4) | The authority must make the authority’s reports under this section |
| |
available to the public.” |
| 10 |
(6) | In the heading for “Annual” substitute “Authorities’” and for “report” |
| |
| |
| |
Community Infrastructure Levy |
| |
94 | Community Infrastructure Levy: approval of charging schedules |
| 15 |
(1) | The Planning Act 2008 is amended as follows. |
| |
(2) | In section 211 (amount of levy) after subsection (7) insert— |
| |
“(7A) | A charging authority must use appropriate available evidence to |
| |
inform the charging authority’s preparation of a charging schedule. |
| |
(7B) | CIL regulations may make provision about the application of |
| 20 |
subsection (7A) including, in particular— |
| |
(a) | provision as to evidence that is to be taken to be appropriate, |
| |
(b) | provision as to evidence that is to be taken to be not |
| |
| |
(c) | provision as to evidence that is to be taken to be available, |
| 25 |
(d) | provision as to evidence that is to be taken to be not available, |
| |
(e) | provision as to how evidence is, and as to how evidence is not, |
| |
| |
(f) | provision as to evidence that is, and as to evidence that is not, to |
| |
| 30 |
(g) | provision as to evidence that may, and as to evidence that need |
| |
| |
(h) | provision as to how the use of evidence is to inform the |
| |
preparation of a charging schedule.” |
| |
(3) | For section 212(4) to (7) (draft must be accompanied by declaration of |
| 35 |
compliance with requirements, and examiner must consider the requirements |
| |
and make recommendations with reasons) substitute— |
| |
“(4) | In this section and sections 212A and 213 “the drafting requirements” |
| |
means the requirements of this Part and CIL regulations (including the |
| |
requirements to have regard to the matters listed in section 211(2) and |
| 40 |
(4)), so far as relevant to the drafting of the schedule. |
| |
(7) | The examiner must consider whether the drafting requirements have |
| |
| |
|
| |
|