Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill
Part 5 — Planning
Chapter 4 — Consultation
72

italic heading which precedes that section) insert—
“Consultation before applying for planning permission
61W
Requirement to carry out pre-application consultation
(1)
Where—
(a)
a person proposes to make an application for planning
5
permission for the development of any land in England, and
(b)
the proposed development is of a description specified in a
development order,

the person must (whether before or after this subsection comes into
force) carry out consultation on the proposed application in accordance
10
with subsections (2) and (3).
(2)
The person must publicise the proposed application in such manner as
the person reasonably considers is likely to bring the proposed
application to the attention of a majority of the persons who live at, or
otherwise occupy, premises in the vicinity of the land.
15
(3)
The person must consult each specified person about the proposed
application.
(4)
Publicity under subsection (2) must—
(a)
set out how the person (“P”) may be contacted by persons
wishing to comment on, or collaborate with P on the design of,
20
the proposed development, and
(b)
give such information about the proposed timetable for the
consultation as is sufficient to ensure that persons wishing to
comment on the proposed development may do so in good
time.
25
(5)
In subsection (3) “specified person” means a person specified in, or of a
description specified in, a development order.
(6)
Subsection (1) does not apply—
(a)
if the proposed application is an application under section
293A, or
30
(b)
in cases specified in a development order.
(7)
A person subject to the duty imposed by subsection (1) must, in
complying with that subsection, have regard to the advice (if any) given
by the local planning authority about local good practice.
61X
Duty to take account of responses to consultation
35
(1)
Subsection (2) applies where a person—
(a)
has been required by section 61W(1) to carry out consultation
on a proposed application for planning permission, and
(b)
proposes to go ahead with making an application for planning
permission (whether or not in the same terms as the proposed
40
application).
(2)
The person must, when deciding whether the application that the
person is actually to make should be in the same terms as the proposed
application, have regard to any responses to the consultation that the
person has received.
45

Localism Bill
Part 5 — Planning
Chapter 4 — Consultation
73

61Y
Power to make supplementary provision
(1)
A development order may make provision about, or in connection
with, consultation which section 61W(1) requires a person to carry out
on a proposed application for planning permission.
(2)
The provision that may be made under subsection (1) includes (in
5
particular)—
(a)
provision about, or in connection with, publicising the
proposed application;
(b)
provision about, or in connection with, the ways of responding
to the publicity;
10
(c)
provision about, or in connection with, consultation under
section 61W(3);
(d)
provision about, or in connection with, collaboration between
the person and others on the design of the proposed
development;
15
(e)
provision as to the timetable (including deadlines) for—
(i)
compliance with section 61W(1),
(ii)
responding to publicity under section 61W(2), or
(iii)
responding to consultation under section 61W(3);
(f)
provision for the person to prepare a statement setting out how
20
the person proposes to comply with section 61W(1);
(g)
provision for the person to comply with section 61W(1) in
accordance with a statement required by provision under
paragraph (f).
(3)
Provision under subsection (1) may be different for different cases.”
25
(2)
In section 62 of the Town and Country Planning Act 1990 (applications for
planning permission) after subsection (6) insert—
“(7)
In subsection (8) “a relevant application” means the application for
planning permission in a case where a person—
(a)
has been required by section 61W(1) to carry out consultation
30
on a proposed application for planning permission, and
(b)
is going ahead with making an application for planning
permission (whether or not in the same terms as the proposed
application).
(8)
A development order must require that a relevant application be
35
accompanied by particulars of—
(a)
how the person complied with section 61W(1),
(b)
any responses to the consultation that were received by the
person, and
(c)
the account taken of those responses.”
40
(3)
The amendments made by subsections (1) and (2) cease to have effect at the end
of 7 years beginning with the day on which the inserted section 61W(1) comes
fully into force, but this is subject to subsection (4).
(4)
The Secretary of State may by order provide that the amendments are, instead
of ceasing to have effect at the time they would otherwise cease to have effect,
45
to cease to have effect at the end of a period of not more than 7 years from that
time.

Localism Bill
Part 5 — Planning
Chapter 5 — Enforcement
74

Chapter 5
Enforcement
103
Retrospective planning permission
(1)
The Town and Country Planning Act 1990 is amended as follows.
(2)
After section 70B insert—
5
“70C
Power to decline to determine retrospective application
A local planning authority in England may decline to determine an
application for planning permission for the development of any land if
granting planning permission for the development would involve
granting, whether in relation to the whole or any part of the land to
10
which an enforcement notice relates, planning permission in respect of
the whole or any part of the matters specified in the enforcement notice
as constituting a breach of planning control.”
(3)
In section 78(2)(aa) (which refers to an authority not having given notice that it
has exercised its power under section 70A or 70B to decline to determine an
15
application) after “or 70B” insert “or 70C”.
(4)
In section 174 (appeal against enforcement notice) after subsection (2) insert—
“(2A)
An appeal may not be brought on the ground specified in subsection
(2)(a) if—
(a)
the land to which the enforcement notice relates is in England,
20
and
(b)
the enforcement notice was issued at a time—
(i)
after the making of a related application for planning
permission, but
(ii)
before the end of the period applicable under section
25
78(2) in the case of that application.
(2B)
An application for planning permission for the development of any
land is, for the purposes of subsection (2A), related to an enforcement
notice if granting planning permission for the development would
involve granting planning permission in respect of the matters
30
specified in the enforcement notice as constituting a breach of planning
control.”
(5)
In section 177 (grant or modification of planning permission on appeals against
enforcement notice) after subsection (1B) insert—
“(1C)
If the land to which the enforcement notice relates is in England,
35
subsection (1)(a) applies only if the statement under section 174(4)
specifies the ground mentioned in section 174(2)(a).”
(6)
In section 177(5) (deemed application for planning permission where appeal
brought against enforcement notice) for the words from the beginning to “the
appellant” substitute—
40

“Where an appeal against an enforcement notice is brought under
section 174 and—
(a)
the land to which the enforcement notice relates is in Wales, or

Localism Bill
Part 5 — Planning
Chapter 5 — Enforcement
75

(b)
that land is in England and the statement under section 174(4)
specifies the ground mentioned in section 174(2)(a),

the appellant”.
104
Time limits for enforcing concealed breaches of planning control
(1)
In the Town and Country Planning Act 1990 after section 171B insert—
5
“171BA
Time limits in cases involving concealment
(1)
Where it appears to the local planning authority that there may have
been a breach of planning control in respect of any land in England, the
authority may apply to a magistrates’ court for an order under this
subsection (a “planning enforcement order”) in relation to that
10
apparent breach of planning control.
(2)
If a magistrates’ court makes a planning enforcement order in relation
to an apparent breach of planning control, the local planning authority
may take enforcement action in respect of—
(a)
the apparent breach, or
15
(b)
any of the matters constituting the apparent breach,

at any time in the enforcement year.
(3)
“The enforcement year” for a planning enforcement order is the year
that begins at the end of 22 days beginning with the day on which the
court’s decision to make the order is given, but this is subject to
20
subsection (4).
(4)
If an application under section 111(1) of the Magistrates’ Courts Act
1980 (statement of case for opinion of High Court) is made in respect of
a planning enforcement order, the enforcement year for the order is the
year beginning with the day on which the proceedings arising from
25
that application are finally determined or withdrawn.
(5)
Subsection (2)—
(a)
applies whether or not the time limits under section 171B have
expired, and
(b)
does not prevent the taking of enforcement action after the end
30
of the enforcement year but within those time limits.
171BB
Planning enforcement orders: procedure
(1)
An application for a planning enforcement order in relation to an
apparent breach of planning control may be made within the 6 months
beginning with the date on which evidence of the apparent breach of
35
planning control sufficient in the opinion of the local planning
authority to justify the application came to the authority’s knowledge.
(2)
For the purposes of subsection (1), a certificate—
(a)
signed on behalf of the local planning authority, and
(b)
stating the date on which evidence sufficient in the authority’s
40
opinion to justify the application came to the authority’s
knowledge,

is conclusive evidence of that fact.
(3)
A certificate stating that matter and purporting to be so signed is to be
deemed to be so signed unless the contrary is proved.
45

Localism Bill
Part 5 — Planning
Chapter 5 — Enforcement
76

(4)
Where the local planning authority apply to a magistrates’ court for a
planning enforcement order in relation to an apparent breach of
planning control in respect of any land, the authority must serve a copy
of the application—
(a)
on the owner and on the occupier of the land, and
5
(b)
on any other person having an interest in the land that is an
interest which, in the opinion of the authority, would be
materially affected by the taking of enforcement action in
respect of the apparent breach.
(5)
The persons entitled to appear before, and be heard by, the court
10
hearing an application for a planning enforcement order in relation to
an apparent breach of planning control in respect of any land include—
(a)
the applicant,
(b)
any person on whom a copy of the application was served
under subsection (4), and
15
(c)
any other person having an interest in the land that is an interest
which, in the opinion of the court, would be materially affected
by the taking of enforcement action in respect of the apparent
breach.
(6)
In this section “planning enforcement order” means an order under
20
section 171BA(1).
171BC
Making a planning enforcement order
(1)
A magistrates’ court may make a planning enforcement order in
relation to an apparent breach of planning control only if—
(a)
the court is satisfied, on the balance of probabilities, that the
25
actions of a person or persons have resulted in, or contributed
to, full or partial concealment of the apparent breach or any of
the matters constituting the apparent breach, and
(b)
the court considers it just to make the order having regard to all
the circumstances.
30
(2)
For the purposes of subsection (1), a person’s actions are to be taken to
include—
(a)
representations made by the person, and
(b)
inaction on the person’s part.
(3)
A planning enforcement order must—
35
(a)
identify the apparent breach of planning control to which it
relates, and
(b)
state the date on which the court’s decision to make the order
was given.
(4)
In this section “planning enforcement order” means an order under
40
section 171BA(1).”
(2)
In section 188 of the Town and Country Planning Act 1990 (register of
enforcement and stop notices)—
(a)
in subsection (1) (matters to which registers apply) before paragraph (a)
insert—
45
“(za)
to planning enforcement orders,”,

Localism Bill
Part 5 — Planning
Chapter 5 — Enforcement
77

(b)
in subsection (2)(a) (development order may make provision about
removal of entries from register)—
(i)
before “enforcement notice” insert “planning enforcement
order,”,
(ii)
before “any such notice” insert “any planning enforcement
5
order or”, and
(iii)
after “specified in the” insert “development”,
(c)
in subsection (2)(b) (development order may make provision about
supply of information by county planning authority) after “served by”
insert “, and planning enforcement orders made on applications made
10
by,”,
(d)
after subsection (3) insert—
“(4)
In this section “planning enforcement order” means an order
under section 171BA(1).”, and
(e)
in the heading after “and stop notices” insert “and other enforcement
15
action”.
(3)
In section 191 of the Town and Country Planning Act 1990 (certificate of
lawfulness of existing use or development) after subsection (3) insert—
“(3A)
In determining for the purposes of this section whether the time for
taking enforcement action in respect of a matter has expired, that time
20
is to be taken not to have expired if—
(a)
the time for applying for an order under section 171BA(1) (a
“planning enforcement order”) in relation to the matter has not
expired,
(b)
an application has been made for a planning enforcement order
25
in relation to the matter and the application has neither been
decided nor been withdrawn, or
(c)
a planning enforcement order has been made in relation to the
matter, the order has not been rescinded and the enforcement
year for the order (whether or not it has begun) has not
30
expired.”
105
Planning offences: time limits and penalties
(1)
The Town and Country Planning Act 1990 is amended as follows.
(2)
In section 187A(12) (maximum penalty of level 3 on standard scale for offence
of being in breach of a breach of condition notice) for “fine not exceeding level
35
3 on the standard scale” substitute “fine—
(a)
not exceeding level 4 on the standard scale if the land is in
England;
(b)
not exceeding level 3 on the standard scale if the land is in
Wales”.
40
(3)
In section 210 (penalties for non-compliance with tree preservation
regulations) after subsection (4) insert—
“(4A)
Proceedings for an offence under subsection (4) may be brought within
the period of 6 months beginning with the date on which evidence
sufficient in the opinion of the prosecutor to justify the proceedings
45
came to the prosecutor’s knowledge.

Localism Bill
Part 5 — Planning
Chapter 5 — Enforcement
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(4B)
Subsection (4A) does not authorise the commencement of proceedings
for an offence more than 3 years after the date on which the offence was
committed.
(4C)
For the purposes of subsection (4A), a certificate—
(a)
signed by or on behalf of the prosecutor, and
5
(b)
stating the date on which evidence sufficient in the prosecutor’s
opinion to justify the proceedings came to the prosecutor’s
knowledge,

is conclusive evidence of that fact.
(4D)
A certificate stating that matter and purporting to be so signed is to be
10
deemed to be so signed unless the contrary is proved.
(4E)
Subsection (4A) does not apply in relation to an offence in respect of a
tree in Wales.”
(4)
In section 224 (enforcement of control as to advertisements) after subsection (6)
insert—
15
“(7)
Proceedings for an offence under subsection (3) may be brought within
the period of 6 months beginning with the date on which evidence
sufficient in the opinion of the prosecutor to justify the proceedings
came to the prosecutor’s knowledge.
(8)
Subsection (7) does not authorise the commencement of proceedings
20
for an offence more than 3 years after the date on which the offence was
committed.
(9)
For the purposes of subsection (7), a certificate—
(a)
signed by or on behalf of the prosecutor, and
(b)
stating the date on which evidence sufficient in the prosecutor’s
25
opinion to justify the proceedings came to the prosecutor’s
knowledge,

is conclusive evidence of that fact.
(10)
A certificate stating that matter and purporting to be so signed is to be
deemed to be so signed unless the contrary is proved.
30
(11)
Subsection (7) does not apply in relation to an offence in respect of an
advertisement in Wales.”
(5)
An amendment made by this section applies only in relation to offences
committed after the amendment has come into force.
106
Powers in relation to: unauthorised advertisements; defacement of premises
35
(1)
In Part 8 of the Town and Country Planning Act 1990 (special controls) in
Chapter 3 (advertisements) after section 225 insert—
“225A
Power to remove structures used for unauthorised display
(1)
Subject to subsections (2), (3) and (5), the local planning authority for an
area in England may remove, and then dispose of, any display
40
structure—
(a)
which is in their area; and