Session 2010 - 11
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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,

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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.”

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(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.

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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

78

 

(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

 
 

 
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Revised 11 March 2011