Session 2010 - 11
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Localism Bill


Localism Bill
Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

97

 

113     

Reform of duties to publicise community consultation statement

In section 47(6) of the Planning Act 2008 (duties of applicant for development

consent to publicise the statement setting out how the applicant proposes to

consult the local community)—

(a)   

for “must publish it—” substitute “must—

5

(za)   

make the statement available for inspection by the

public in a way that is reasonably convenient for people

living in the vicinity of the land,”,

(b)   

in paragraph (a) (duty to publish statement in local newspaper)—

(i)   

at the beginning insert “publish,”, and

10

(ii)   

after “land” insert “, a notice stating where and when the

statement can be inspected”, and

(c)   

in paragraph (b) (duty to publish statement in any other prescribed

manner) for “in such other manner” substitute “publish the statement

in such manner”.

15

114     

Claimants of compensation for effects of development

(1)   

The Planning Act 2008 is amended as follows.

(2)   

In section 52(1) (obtaining information about interests in land) for “subsection

(2) applies” substitute “subsections (2) and (2A) apply”.

(3)   

In section 52 after subsection (2) insert—

20

“(2A)   

The Secretary of State may authorise the applicant to serve a notice on

a person mentioned in subsection (3) requiring the person (“the

recipient”) to give to the applicant in writing the name and address of

any person the recipient believes is a person who, if the order sought by

the application or proposed application were to be made and fully

25

implemented, would or might be entitled—

(a)   

as a result of the implementing of the order,

(b)   

as a result of the order having been implemented, or

(c)   

as a result of the use of the land once the order has been

implemented,

30

   

to make a relevant claim.”

(4)   

In section 52(4), (6) and (7) after “subsection (2)” insert “or (2A)”.

(5)   

In section 52 after subsection (5) insert—

“(5A)   

A notice under subsection (2A) must explain the circumstances in

which a person would or might be entitled as mentioned in that

35

subsection.”

(6)   

In section 52(10) for “(2) and (3)” substitute “(2) to (3)”.

(7)   

In section 52 after subsection (11) insert—

“(12)   

In subsection (3) as it applies for the purposes of subsection (2A) “the

land” also includes any relevant affected land (see subsection (13)).

40

(13)   

Where the applicant believes that, if the order sought by the application

or proposed application were to be made and fully implemented, there

would or might be persons entitled—

(a)   

as a result of the implementing of the order,

 
 

Localism Bill
Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

98

 

(b)   

as a result of the order having been implemented, or

(c)   

as a result of the use of the land once the order has been

implemented,

   

to make a relevant claim in respect of any land or in respect of an

interest in any land, that land is “relevant affected land” for the

5

purposes of subsection (12).

(14)   

In this section “relevant claim” means—

(a)   

a claim under section 10 of the Compulsory Purchase Act 1965

(compensation where satisfaction not made for compulsory

purchase of land or not made for injurious affection resulting

10

from compulsory purchase);

(b)   

a claim under Part 1 of the Land Compensation Act 1973

(compensation for depreciation of land value by physical

factors caused by use of public works);

(c)   

a claim under section 152(3).”

15

(8)   

In section 44(6) (meaning of “relevant claim” in section 44(4)) after paragraph

(b) insert “;

(c)   

a claim under section 152(3).”

(9)   

In section 57(6) (meaning of “relevant claim” in section 57(4)) after paragraph

(b) insert “;

20

(c)   

a claim under section 152(3).”

(10)   

In Schedule 12 (application of Act to Scotland: modifications) in paragraph 6

(application of section 52) after sub-paragraph (c) insert—

“(d)   

in subsection (14) for paragraph (a) there were substituted—

“(a)   

a claim arising by virtue of paragraph 1 of the Second

25

Schedule to the Acquisition of Land (Authorisation

Procedure) (Scotland) Act 1947 (c. 42);”, and

(e)   

in subsection (14)(b) the reference to Part 1 of the Land Compensation

Act 1973 were a reference to Part 1 of the Land Compensation

(Scotland) Act 1973.”

30

115     

Rights of entry for surveying etc in connection with applications

(1)   

The Planning Act 2008 is amended as follows.

(2)   

In section 53(1) (person may be authorised to enter land for the purpose of

surveying and taking levels of it) after “taking levels of it” insert “, or in order

to facilitate compliance with the provisions mentioned in subsection (1A),”.

35

(3)   

In section 53 after subsection (1) insert—

“(1A)   

Those provisions are any provision of or made under an Act for the

purpose of implementing—

(a)   

Council Directive 85/337/EEC of 27 June 1985 on the

assessment of the effects of certain public and private projects

40

on the environment, as amended from time to time,

(b)   

Council Directive 92/43/EC of 21 May 1992 on the conservation

of natural habitats and of wild fauna and flora, as amended

from time to time, or

(c)   

any EU instrument from time to time replacing all or any part of

45

either of those Directives.”

 
 

Localism Bill
Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

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(4)   

Omit section 53(2)(b) and (c) (until proposed application is made, entry for

surveying may be authorised only if compulsory acquisition may be involved

and section 42 has been complied with).

(5)   

In section 53 after subsection (3) insert—

“(3A)   

Power conferred by subsection (1) for the purpose of complying with

5

the provisions mentioned in subsection (1A) includes power to take,

and process, samples of or from any of the following found on, in or

over the land—

(a)   

water,

(b)   

air,

10

(c)   

soil or rock,

(d)   

its flora,

(e)   

bodily excretions, or dead bodies, of non-human creatures, or

(f)   

any non-living thing present as a result of human action.”

(6)   

In section 54(1) (application of section 53(1) to (3) to Crown land) for “to (3)”

15

substitute “to (3A)”.

(7)   

In paragraph 7 of Schedule 12 (modifications of section 53 for the purposes of

its application to Scotland) before sub-paragraph (a) insert—

“(za)   

in subsection (1A), the reference to an Act included an Act of

the Scottish Parliament,”.

20

116     

Procedural changes relating to applications for development consent

(1)   

The Planning Act 2008 is amended as follows.

(2)   

In section 56(2) (persons to be notified of the acceptance of an application for

an order granting development consent) for paragraph (b) (relevant local

authorities under section 102(5)) substitute—

25

“(b)   

each local authority that is within section 56A,”.

(3)   

After section 56 insert—

“56A    

Local authorities for the purposes of sections 56(2)(b) and 60(2)(a)

(1)   

A local authority is within this section if the land is in the authority’s

area.

30

(2)   

A local authority (“A”) is within this section if—

(a)   

the land is in the area of another local authority (“B”),

(b)   

B is a unitary council or a lower-tier district council, and

(c)   

any part of the boundary of A’s area is also a part of the

boundary of B’s area.

35

(3)   

If the land is in the area of an upper-tier county council (“C”), a local

authority (“D”) is within this section if—

(a)   

D is not a lower-tier district council, and

(b)   

any part of the boundary of D’s area is also part of the boundary

of C’s area.

40

(4)   

In this section—

“the land” means the land to which the application concerned

relates or any part of that land;

 
 

Localism Bill
Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

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“local authority” has the meaning given in section 102(8);

“lower-tier district council” means a district council in England for

an area for which there is a county council;

“unitary council” means a local authority that is not an upper-tier

county council, a lower-tier district council, a National Park

5

authority or the Broads Authority;

“upper-tier county council” means a county council in England for

each part of whose area there is a district council.”

(4)   

In section 60(2) (persons who the Commission must invite to submit local

impact reports) for paragraph (a) (relevant local authorities under section

10

102(5)) substitute—

“(a)   

each local authority that is within section 56A, and”.

(5)   

In section 88 (initial assessment of issues, and preliminary meeting)—

(a)   

in subsection (3) (persons who must be invited to preliminary meeting)

omit the “and” at the end of paragraph (a),

15

(b)   

in that subsection after paragraph (b) insert—

“(c)   

each statutory party, and

(d)   

each local authority that is within section 88A,”, and

(c)   

after that subsection insert—

“(3A)   

In subsection (3)(c) “statutory party” means a person specified

20

in, or of a description specified in, regulations made by the

Secretary of State.”

(6)   

After section 88 insert—

“88A    

Local authorities for the purposes of section 88(3)(d)

(1)   

A local authority (“A”) is within this section if—

25

(a)   

the land is in the area of another local authority (“B”),

(b)   

B is a unitary council or a lower-tier district council, and

(c)   

any part of the boundary of A’s area is also a part of the

boundary of B’s area.

(2)   

If the land is in the area of an upper-tier county council (“C”), a local

30

authority (“D”) is within this section if—

(a)   

D is not a lower-tier district council, and

(b)   

any part of the boundary of D’s area is also part of the boundary

of C’s area.

(3)   

In this section—

35

“the land” means the land to which the application relates or any

part of that land;

“local authority” has the meaning given in section 102(8);

“lower-tier district council” means a district council in England for

an area for which there is a county council;

40

“unitary council” means a local authority that is not an upper-tier

county council, a lower-tier district council, a National Park

authority or the Broads Authority;

“upper-tier county council” means a county council in England for

each part of whose area there is a district council.”

45

(7)   

In section 89 (Examining authority’s decisions about how application is to be

 
 

Localism Bill
Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

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examined and the notification of those decisions to parties) after subsection (2)

insert—

“(2A)   

Upon making the decisions required by subsection (1), the Examining

authority must inform each person mentioned in section 88(3)(c) and

(d)—

5

(a)   

of those decisions, and

(b)   

that the person may notify the Examining authority in writing

that the person is to become an interested party.”

(8)   

In section 102 (interpretation of Chapter 4: “interested party” and other

expressions)—

10

(a)   

in subsection (1) for paragraph (b) (statutory party is interested party)

substitute—

“(aa)   

the person has been notified of the acceptance of the

application in accordance with section 56(2)(d),

(ab)   

the Examining authority has under section 102A

15

decided that it considers that the person is within one or

more of the categories set out in section 102B,”,

(b)   

in subsection (1) for paragraph (c) (relevant local authority is interested

party) insert—

“(c)   

the person is a local authority in whose area the land is

20

located,

(ca)   

the person—

(i)   

is mentioned in section 88(3)(c) or (d), and

(ii)   

has notified the Examining authority as

mentioned in section 89(2A)(b),”,

25

(c)   

after subsection (1) (definition of interested party) insert—

“(1ZA)   

But a person ceases to be an “interested party” for the purposes

of this Chapter upon notifying the Examining authority in

writing that the person no longer wishes to be an interested

party.”,

30

(d)   

omit subsection (3) (definition of statutory party),

(e)   

omit subsections (5) to (7) (which further define the local authorities

that are relevant local authorities), and

(f)   

in subsection (8) (definition of local authority) for “subsections (5) to

(7)” substitute “subsection (1)(c)”.

35

(9)   

After section 102 insert—

“102A   

Persons in certain categories may ask to become interested parties etc

(1)   

Subsection (2) applies if—

(a)   

a person makes a request to the Examining authority to become

an interested party,

40

(b)   

the request states that the person claims to be within one or

more of the categories set out in section 102B,

(c)   

the person has not been notified of the acceptance of the

application in accordance with section 56(2)(d), and

(d)   

the applicant has issued a certificate under section 58 in relation

45

to the application.

 
 

Localism Bill
Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

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(2)   

The Examining authority must decide whether it considers that the

person is within one or more of the categories set out in section 102B.

(3)   

If the Examining authority decides that it considers that the person is

within one or more of the categories set out in section 102B, the

Examining authority must notify the person, and the applicant, that the

5

person has become an interested party under section 102(1)(ab).

(4)   

If the Examining authority thinks that a person might successfully

make a request mentioned in subsection (1)(a), the Examining authority

may inform the person about becoming an interested party under

section 102(1)(ab).

10

   

But the Examining authority is under no obligation to make enquiries

in order to discover persons who might make such a request.

102B    

Categories for the purposes of section 102A

(1)   

A person is within Category 1 if the person is an owner, lessee, tenant

(whatever the tenancy period) or occupier of the land.

15

(2)   

A person is within Category 2 if the person—

(a)   

is interested in the land, or

(b)   

has power—

(i)   

to sell and convey the land, or

(ii)   

to release the land.

20

(3)   

An expression, other than “the land”, that appears in subsection (2) of

this section and also in section 5(1) of the Compulsory Purchase Act

1965 has in subsection (2) the meaning that it has in section 5(1) of that

Act.

(4)   

A person is within Category 3 if, should the order sought by the

25

application be made and fully implemented, the person would or

might be entitled—

(a)   

as a result of the implementing of the order,

(b)   

as a result of the order having been implemented, or

(c)   

as a result of use of the land once the order has been

30

implemented,

   

to make a relevant claim.

(5)   

In subsection (4) “relevant claim” means—

(a)   

a claim under section 10 of the Compulsory Purchase Act 1965

(compensation where satisfaction not made for the taking, or

35

injurious affection, of land subject to compulsory purchase);

(b)   

a claim under Part 1 of the Land Compensation Act 1973

(compensation for depreciation of land value by physical

factors caused by use of public works);

(c)   

a claim under section 152(3).

40

(6)   

In this section “the land” means the land to which the application

relates or any part of that land.”

(10)   

I n Schedule 12 (application of Act to Scotland: modifications) after paragraph

9 insert—

“9A        

Section 102B applies as if—

45

 
 

Localism Bill
Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

103

 

(a)   

in subsection (2)(b), the words from “or” to the end were

omitted,

(b)   

in subsection (3), references to section 5(1) of the Compulsory

Purchase Act 1965 were references to section 17 of the Lands

Clauses Consolidation (Scotland) Act 1845, and

5

(c)   

in subsection (5)—

(i)   

for paragraph (a) there were substituted—

“(a)   

a claim arising by virtue of paragraph 1 of the

Second Schedule to the Acquisition of Land

(Authorisation Procedure) (Scotland) Act

10

1947”; and

(ii)   

in paragraph (b), the reference to Part 1 of the Land

Compensation Act 1973 were a reference to Part 1 of

the Land Compensation (Scotland) Act 1973.”

117     

Development consent subject to requirement for further approval

15

In section 120(2) of the Planning Act 2008 (provision relating to requirements

that may be included in order granting development consent)—

(a)   

after “in particular include” insert “—

(a)   

”, and

(b)   

after “development” insert “;

20

(b)   

requirements to obtain the approval of the Secretary of

State or any other person, so far as not within paragraph

(a)”.

118     

Changes to notice requirements for compulsory acquisition

(1)   

Section 134 of the Planning Act 2008 (notice of authorisation of compulsory

25

acquisition) is amended as follows.

(2)   

In subsection (3) (steps the prospective purchaser must take after order

granting development consent is made that includes provision authorising

compulsory acquisition)—

(a)   

before paragraph (a) insert—

30

“(za)   

make a copy of the order available, at a place in the

vicinity of the land, for inspection by the public at all

reasonable hours,”, and

(b)   

in paragraph (a) omit “and a copy of the order”.

(3)   

In subsection (7) (contents of a compulsory acquisition notice) before the “and”

35

at the end of paragraph (c) insert—

“(ca)   

stating where and when a copy of the order is available for

inspection in accordance with subsection (3)(za),”.

(4)   

Omit subsection (8) (compulsory acquisition notice affixed to object on or near

the order land to say where order granting development consent can be

40

inspected).

 
 

 
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Revised 11 March 2011