Localism Bill

House of Commons

Session 2010 - 11
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Localism Bill

Localism Bill
Part 5 — Planning
Chapter 5 — Enforcement
83

225D
Applying section 225B to statutory undertakers’ operational land
(1)
Subsection (2) and (3) apply where the local planning authority serves
a notice under section 225B(2) requiring a statutory undertaker to carry
out measures in respect of the display of unauthorised advertisements
on a surface on its operational land.
5
(2)
The statutory undertaker may, within 28 days beginning with the date
of service of the notice, serve a counter-notice on the local planning
authority specifying alternative measures which will in the statutory
undertaker’s reasonable opinion have the effect of preventing or
reducing the frequency of the display of unauthorised advertisements
10
on the surface to at least the same extent as the measures specified in
the notice.
(3)
Where a counter-notice is served under subsection (2), the notice under
section 225B(2) is to be treated—
(a)
as requiring the alternative measures specified in the counter-
15
notice to be carried out (instead of the measures actually
required by the notice under section 225B(2)); and
(b)
as having been served on the date on which the counter-notice
is served.
(4)
The time by which a statutory undertaker must carry out the measures
20
specified in a counter-notice served under subsection (2) may be
postponed by the local planning authority.”
(2)
In Part 8 of the Town and Country Planning Act 1990 (special controls) after
Chapter 3 insert—
“Chapter 4
25
Remedying defacement of premises
225E
Power to remedy defacement of premises
(1)
Subsections (2) and (3) apply if—
(a)
premises in England include a surface that is readily visible
from a place to which the public have access;
30
(b)
either—
(i)
the surface does not form part of the operational land of
a statutory undertaker, or
(ii)
the surface forms part of the operational land of a
statutory undertaker and subsection (11) applies to the
35
surface;
(c)
there is a sign on the surface; and
(d)
the local planning authority consider the sign to be detrimental
to the amenity of the area or offensive.
(2)
The local planning authority may serve on the occupier of the premises
40
a notice requiring the occupier to remove or obliterate the sign by a time
specified in the notice.
(3)
If it appears to the local planning authority that there is no occupier of
the premises, the local planning authority may fix to the surface a notice

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Part 5 — Planning
Chapter 5 — Enforcement
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requiring the owner or occupier of the premises to remove or obliterate
the sign by a time specified in the notice.
(4)
A time specified under subsection (2) or (3) may not be earlier than the
end of 15 days beginning the date of service or fixing of the notice.
(5)
Subsection (6) applies if—
5
(a)
a notice is served under subsection (2) or fixed under subsection
(3); and
(b)
the sign is neither removed nor obliterated by the time specified
in the notice.
(6)
The local planning authority may—
10
(a)
remove or obliterate the sign; and
(b)
recover expenses reasonably incurred by the local planning
authority in doing that from the person required by the notice
to do it.
(7)
Power under subsection (6)(a) is subject to the right of appeal under
15
section 225H.
(8)
Expenses may not be recovered under subsection (6)(b) if the surface—
(a)
forms part of a flat or a dwellinghouse;
(b)
is within the curtilage of a dwellinghouse; or
(c)
forms part of the boundary of the curtilage of a dwellinghouse.
20
(9)
Section 291 of the Public Health Act 1936 (provision for expenses to be
recoverable also from owner’s successor or from occupier and to be
charged on premises concerned) applies as if the reference in that
section to that Act included a reference to this section.
(10)
For the purposes of this section, a universal postal service provider is
25
treated as being the occupier of any plant or apparatus that consists of
a universal postal service letter box or a universal postal service pouch-
box belonging to it.
(11)
This subsection applies to a surface if the surface abuts on, or is one to
which access is given directly from, either—
30
(a)
a street; or
(b)
any place, other than a street, to which the public have access as
of right.
(12)
In this section—
“dwellinghouse” does not include a building containing one or
35
more flats, or a flat contained within such a building;
“flat” means a separate and self-contained set of premises
constructed or adapted for use as a dwelling and forming part
of a building from some other part of which it is divided
horizontally;
40
“premises” means building, wall, fence or other structure or
erection, or apparatus or plant;
“sign”—
(a)
includes any writing, letter, picture, device or
representation, but
45
(b)
does not include an advertisement;

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Part 5 — Planning
Chapter 5 — Enforcement
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“statutory undertaker” does not include a relevant airport
operator (within the meaning of Part 5 of the Airports Act 1986);
“street” includes any highway, any bridge carrying a highway and
any road, lane, mews, footway, square, court, alley or passage,
whether a thoroughfare or not;
5
“universal postal service letter box” has the meaning given in
section 86(4) of the Postal Services Act 2000;
“universal postal service pouch-box” has the meaning given in
paragraph 1(10) of Schedule 6 to that Act.
225F
Notices under section 225E in respect of post boxes
10
(1)
The local planning authority may serve a notice under section 225E(2)
on a universal service provider in respect of a universal postal service
letter box, or universal postal service pouch box, belonging to the
provider only if—
(a)
the authority has served on the provider written notice of the
15
authority’s intention to do so; and
(b)
the period of 28 days beginning with the date of service of that
notice has ended.
(2)
In this section—
“universal postal service letter box” has the meaning given in
20
section 86(4) of the Postal Services Act 2000;
“universal postal service pouch-box” has the meaning given in
paragraph 1(10) of Schedule 6 to that Act.
225G
Section 225E powers as respects bus shelters and other street furniture
(1)
The local planning authority may exercise the power conferred by
25
section 225E(6)(a) to remove or obliterate a sign from any surface on a
bus shelter, or other street furniture, of a statutory undertaker that is
not situated on operational land of the statutory undertaker only if—
(a)
the authority has served on the statutory undertaker notice of
the authority’s intention to do so;
30
(b)
the notice specified the bus shelter, or other street furniture,
concerned; and
(c)
the period of 28 days beginning with the date of service of the
notice has ended.
(2)
In this section “statutory undertaker” does not include an airport
35
operator (within the meaning of Part 5 of the Airports Act 1986).
225H
Right to appeal against notice under section 225E
(1)
A person on whom notice has been served under section 225E(2) may
appeal to a magistrates’ court on any of the following grounds—
(a)
that the sign concerned is neither detrimental to the amenity of
40
the area nor offensive;
(b)
that there has been some informality, defect or error in, or in
connection with, the notice;
(c)
that the time within which the sign concerned is to be removed
or obliterated is not reasonably sufficient for the purpose;
45
(d)
that the notice should have been served on another person.

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Part 5 — Planning
Chapter 5 — Enforcement
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(2)
The occupier or owner of premises which include a surface to which a
notice has been fixed under section 225E(3) may appeal to a
magistrates’ court on any of the following grounds—
(a)
that the sign concerned is neither detrimental to the amenity of
the area nor offensive;
5
(b)
that there has been some informality, defect or error in, or in
connection with, the notice;
(c)
that the time within which the sign concerned is to be removed
or obliterated is not reasonably sufficient for the purpose.
(3)
So far as an appeal under this section is based on the ground mentioned
10
in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is
satisfied that the informality, defect or error was not a material one.
(4)
If an appeal under subsection (1) is based on the ground mentioned in
subsection (1)(d), the appellant must serve a copy of the notice of
appeal on each person who the appellant considers is a person on
15
whom the notice under section 225E(2) should have been served.
(5)
If—
(a)
notice under section 225E(2) is served on a person, and
(b)
the local planning authority bring proceedings against the
person for the recovery under section 225E(6)(b) of any
20
expenses,

it is not open to the person to raise in the proceedings any question
which the person could have raised in an appeal under subsection (1).
225I
Remedying defacement at owner or occupier’s request
(1)
Subsection (2) applies if—
25
(a)
premises in England include a surface that is readily visible
from a place to which the public have access;
(b)
there is a sign on the surface; and
(c)
the owner or occupier of the premises asks the local planning
authority to remove or obliterate the sign.
30
(2)
The local planning authority may—
(a)
remove or obliterate the sign; and
(b)
recover expenses reasonably incurred by the local planning
authority in doing that from the person who asked the local
planning authority to do it.
35
(3)
In this section “premises” means building, wall, fence or other structure
or erection, or apparatus or plant.
(4)
In this section “sign”—
(a)
includes—
(i)
any writing, letter, picture, device or representation, and
40
(ii)
any advertisement, but
(b)
does not include an advertisement for the display of which
deemed or express consent has been granted under Chapter 3.

Localism Bill
Part 5 — Planning
Chapter 5 — Enforcement
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Chapter 5
Application of provisions of Chapters 3 and 4 to statutory undertakers
225J
Action under sections 225A, 225B and 225E: operational land
(1)
This section applies in relation to the exercise by the local planning
authority of—
5
(a)
power conferred by section 225A(1), or section 324(3) so far as
applying for the purposes of section 225A(1), to—
(i)
enter on any operational land of a statutory undertaker,
or
(ii)
remove a display structure situated on operational land
10
of a statutory undertaker;
(b)
power conferred by section 225B(10)(a), or section 324(3) so far
as applying for the purposes of section 225B(10)(a), to—
(i)
enter on any operational land of a statutory undertaker,
or
15
(ii)
carry out any measures to prevent or reduce the
frequency of the display of unauthorised
advertisements on a surface on operational land of a
statutory undertaker; or
(c)
power conferred by section 225E(6)(a), or section 324(3) so far as
20
applying for the purposes of section 225E(6)(a), to—
(i)
enter on any operational land of a statutory undertaker,
or
(ii)
remove or obliterate a sign on a surface of premises that
are, or are on, operational land of a statutory
25
undertaker.
(2)
The authority may exercise the power only if—
(a)
the authority has served on the statutory undertaker notice of
the authority’s intention to do so;
(b)
the notice specified the display structure, surface or sign
30
concerned and its location; and
(c)
the period of 28 days beginning with the date of service of the
notice has ended.
(3)
Subsection (4) applies if a notice under subsection (2) is served on a
statutory undertaker.
35
(4)
If—
(a)
a notice under subsection (2) is served on a statutory
undertaker, and
(b)
within 28 days beginning with the date the notice is served, the
statutory undertaker serves a counter-notice on the local
40
planning authority specifying conditions subject to which the
power is to be exercised,

the power may only be exercised subject to, and in accordance with, the
conditions specified in the counter-notice.
(5)
The conditions which may be specified in a counter-notice under
45
subsection (4) are conditions which are—

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Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects
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(a)
necessary or expedient in the interests of safety or the efficient
and economic operation of the undertaking concerned; or
(b)
for the protection of any works, apparatus or other property not
vested in the statutory undertaker which are lawfully present
on, in, under or over the land upon which entry is proposed to
5
be made.
(6)
If—
(a)
a notice under subsection (2) is served on a statutory
undertaker, and
(b)
within 28 days beginning with the date the notice is served, the
10
statutory undertaker serves a counter-notice on the local
planning authority requiring the local planning authority to
refrain from exercising the power,

the power may not be exercised.
(7)
A counter-notice under subsection (6) may be served only if the
15
statutory undertaker has reasonable grounds to believe, for reasons
connected with the operation of its undertaking, that the power cannot
be exercised under the circumstances in question—
(a)
without risk to the safety of any person; or
(b)
without unreasonable risk to the efficient and economic
20
operation of the statutory undertaker’s undertaking.
(8)
In this section “statutory undertaker” does not include an airport
operator (within the meaning of Part 5 of the Airports Act 1986).”
(3)
In section 324(3) of the Town and Country Planning Act 1990 (power of entry
where necessary for purposes of section 225) after “225” insert “, 225A(1),
25
225B(10)(a) or 225E(6)(a)”.
(4)
In the London Local Authorities Act 1995 (c. x) omit sections 11 to 13 (provision
as respects London which is generally superseded as a result of the provision
as respects England made by the preceding provisions of this section).
(5)
In section 11 of the London Local Authorities Act 2007 (c. ii) after subsection
30
(10) insert—
“(11)
The definition of “an advertising offence” given by section 4 of this Act
applies for the purposes of subsection (10) above with—
(a)
the omission of paragraphs (a) and (b), and
(b)
in paragraph (d), the substitution of “paragraph” for
35
“paragraphs (a) to”.”
Chapter 6
Nationally significant infrastructure projects
107
Abolition of Infrastructure Planning Commission
(1)
The Infrastructure Planning Commission ceases to exist on the day on which
40
this subsection comes into force.
(2)
Schedule 13 (amendments in consequence of Commission’s abolition,
including amendments transferring its functions to Secretary of State) has
effect.

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Chapter 6 — Nationally significant infrastructure projects
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(3)
On the coming into force of this subsection, the property, rights and liabilities
of the Infrastructure Planning Commission vest by virtue of this subsection in
the Secretary of State.
(4)
Subsection (3) operates in relation to property, rights and liabilities—
(a)
whether or not they would otherwise be capable of being transferred,
5
(b)
without any instrument or other formality being required, and
(c)
irrespective of any requirement for consent that would otherwise
apply.
(5)
The transfer by virtue of subsections (2) to (4) is to be treated as a relevant
transfer for the purposes of the Transfer of Undertakings (Protection of
10
Employment) Regulations 2006 (S.I. 2006/246) if it would not otherwise be a
relevant transfer for those purposes.
(6)
Subsections (3) and (4) do not affect the operation of those Regulations in
relation to that transfer.
108
Transitional provision in connection with abolition
15
(1)
The Secretary of State may, in connection with the operation of the abolition
provisions, give a direction about the handling on and after the abolition date
of—
(a)
an application received by the Infrastructure Planning Commission
before the abolition date that purports to be an application for an order
20
granting development consent under the Planning Act 2008,
(b)
a proposed application notified to the Commission under section 46 of
that Act before the abolition date, or
(c)
an application received by the Secretary of State on or after the abolition
date where—
25
(i)
the application purports to be an application for an order
granting development consent under that Act, and
(ii)
a proposed application that has become that application was
notified to the Commission under section 46 of that Act before
the abolition date.
30
(2)
A direction under subsection (1) may (in particular)—
(a)
make provision about the effect on and after the abolition date of things
done before that date;
(b)
provide for provisions of or made under the Planning Act 2008 to apply
on and after that date as they applied before that date, with or without
35
modifications specified in the direction;
(c)
provide for provisions of or made under that Act to apply on and after
the abolition date with modifications specified in the direction;
(d)
make provision for a person who immediately before the abolition
date—
40
(i)
is a member of the Commission, and
(ii)
is a member of the Panel, or is the single Commissioner,
handling an application for an order granting development
consent under that Act,

to be, or to be treated as being, a member of the Panel that under
45
Chapter 2 of Part 6 of that Act, or the appointed person who under
Chapter 3 of that Part, is to handle the application on and after the
abolition date;