Planning and Compulsory Purchase Bill

House of Lords

Session 2003 - 04
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Other Bills before Parliament

Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Part 2 — Local development
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(6)
Any person who makes representations seeking to change a development plan
document must (if he so requests) be given the opportunity to appear before
and be heard by the person carrying out the examination.
(7)
The person appointed to carry out the examination must—
(a)
make recommendations;
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(b)
give reasons for the recommendations.
(8)
The local planning authority must publish the recommendations.
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Intervention by Secretary of State
(1)
If the Secretary of State thinks that a local development document is
unsatisfactory he may at any time before the document is adopted under
10
section 22 direct the local planning authority to modify the document in
accordance with the direction.
(2)
The authority—
(a)
must comply with the direction;
(b)
must not adopt the document unless the Secretary of State gives notice
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that he is satisfied that they have complied with the direction.
(3)
But subsection (2) does not apply if the Secretary of State withdraws the
direction.
(4)
At any time before a development plan document is adopted by a local
planning authority the Secretary of State may direct that the document (or any
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part of it) is submitted to him for his approval.
(5)
The following paragraphs apply if the Secretary of State gives a direction under
subsection (4)—
(a)
the authority must not take any step in connection with the adoption of
the document until the Secretary of State gives his decision;
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(b)
if the direction is given before the authority have submitted the
document under section 19(1) the Secretary of State must hold an
independent examination and section 19(4) to (7) applies accordingly;
(c)
if the direction is given after the authority have submitted the
document but before the person appointed to carry out the examination
30
has made his recommendations he must make his recommendations to
the Secretary of State;
(d)
the document has no effect unless it or (if the direction relates to only
part of a document) the part has been approved by the Secretary of
State.
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(6)
The Secretary of State must publish the recommendations made to him by
virtue of subsection (5)(b) or (c).
(7)
In considering a document or part of a document submitted under subsection
(4) the Secretary of State may take account of any matter which he thinks is
relevant.
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(8)
It is immaterial whether any such matter was taken account of by the authority.
(9)
In relation to a document or part of a document submitted to him under
subsection (4) the Secretary of State—
(a)
may approve, approve subject to specified modifications or reject the
document or part;
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Part 2 — Local development
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(b)
must give reasons for his decision under paragraph (a).
(10)
In the exercise of any function under this section the Secretary of State must
have regard to the local development scheme.
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Withdrawal of local development document
(1)
A local planning authority may at any time before a local development
5
document is adopted under section 22 withdraw the document.
(2)
But subsection (1) does not apply to a development plan document at any time
after the document has been submitted for independent examination under
section 19 unless—
(a)
the person carrying out the examination recommends that the
10
document is withdrawn and that recommendation is not overruled by
a direction given by the Secretary of State, or
(b)
the Secretary of State directs that the document must be withdrawn.
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Adoption of local development documents
(1)
The local planning authority may adopt a local development document (other
15
than a development plan document) either as originally prepared or as
modified to take account of—
(a)
any representations made in relation to the document;
(b)
any other matter they think is relevant.
(2)
The authority may adopt a development plan document as originally prepared
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if the person appointed to carry out the independent examination of the
document recommends that the document as originally prepared is adopted.
(3)
The authority may adopt a development plan document with modifications if
the person appointed to carry out the independent examination of the
document recommends the modifications.
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(4)
The authority must not adopt a development plan document unless they do so
in accordance with subsection (2) or (3).
(5)
A document is adopted for the purposes of this section if it is adopted by
resolution of the authority.
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Conformity with regional strategy
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(1)
The local development documents must be in general conformity with—
(a)
the RSS (if the area of the local planning authority is in a region other
than London);
(b)
the spatial development strategy (if the local planning authority are a
London borough).
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(2)
A local planning authority whose area is in a region other than London—
(a)
must request the opinion in writing of the RPB as to the general
conformity of a development plan document with the RSS;
(b)
may request the opinion in writing of the RPB as to the general
conformity of any other local development document with the RSS.
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(3)
Not later than the end of the period prescribed for the purposes of this section
the RPB must send its opinion to—

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(a)
the Secretary of State;
(b)
the local planning authority.
(4)
A local planning authority which are a London borough—
(a)
must request the opinion in writing of the Mayor of London as to the
general conformity of a development plan document with the spatial
5
development strategy;
(b)
may request the opinion in writing of the Mayor as to the general
conformity of any other local development document with the spatial
development strategy.
(5)
Whether or not the local planning authority make a request mentioned in
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subsection (2) or (4) the RPB or the Mayor (as the case may be) may give an
opinion as to the general conformity of a local development document with the
RSS or the spatial development strategy (as the case may be).
(6)
If in the opinion of the RPB a document is not in general conformity with the
RSS the RPB must be taken to have made representations seeking a change to
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the document.
(7)
If in the opinion of the Mayor a document is not in general conformity with the
spatial development strategy the Mayor must be taken to have made
representations seeking a change to the document.
(8)
But the Secretary of State may in any case direct that subsection (6) must be
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ignored.
(9)
If at any time no body is recognised as the RPB under section 2 the functions of
the RPB under this section must be exercised by the Secretary of State and
subsections (3)(a), (6) and (8) of this section must be ignored.
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Revocation of local development document
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The Secretary of State —
(a)
may at any time revoke a local development document at the request of
the local planning authority;
(b)
may prescribe descriptions of local development document which may
be revoked by the authority themselves.
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Revision of local development documents
(1)
The local planning authority may at any time prepare a revision of a local
development document.
(2)
The authority must prepare a revision of a local development document—
(a)
if the Secretary of State directs them to do so, and
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(b)
in accordance with such timetable as he directs.
(3)
This Part applies to the revision of a local development document as it applies
to the preparation of the document.
(4)
Subsection (5) applies if any part of the area of the local planning authority is
an area to which an enterprise zone scheme relates.
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(5)
As soon as practicable after the occurrence of a relevant event—
(a)
the authority must review every local development document in the
light of the enterprise zone scheme;

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(b)
if they think that any modifications of the document are required in
consequence of the scheme they must prepare a revised document
containing the modifications.
(6)
The following are relevant events—
(a)
the making of an order under paragraph 5 of Schedule 32 to the Local
5
Government, Planning and Land Act 1980 (c. 65) (designation of
enterprise zone);
(b)
the giving of notification under paragraph 11(1) of that Schedule
(approval of modification of enterprise zone scheme).
(7)
References to an enterprise zone and an enterprise zone scheme must be
10
construed in accordance with that Act.
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Secretary of State’s default power
(1)
This section applies if the Secretary of State thinks that a local planning
authority are failing or omitting to do anything it is necessary for them to do in
connection with the preparation, revision or adoption of a development plan
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document.
(2)
The Secretary of State must hold an independent examination and section 19(4)
to (7) applies accordingly.
(3)
The Secretary of State must publish the recommendations of the person
appointed to hold the examination.
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(4)
The Secretary of State may—
(a)
prepare or revise (as the case may be) the document, and
(b)
approve the document as a local development document.
(5)
The authority must reimburse the Secretary of State for any expenditure he
incurs in connection with anything—
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(a)
which is done by him under subsection (4), and
(b)
which the authority failed or omitted to do as mentioned in subsection
(1).
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Joint local development documents
(1)
Two or more local planning authorities may agree to prepare one or more joint
30
local development documents.
(2)
This Part applies for the purposes of any step which may be or is required to
be taken in relation to a joint local development document as it applies for the
purposes of any step which may be or is required to be taken in relation to a
local development document.
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(3)
For the purposes of subsection (2) anything which must be done by or in
relation to a local planning authority in connection with a local development
document must be done by or in relation to each of the authorities mentioned
in subsection (1) in connection with a joint local development document.
(4)
Any requirement of this Part in relation to the RSS is a requirement in relation
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to the RSS for the region in which each authority mentioned in subsection (1)
is situated.

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(5)
If the authorities mentioned in subsection (1) include one or more London
boroughs the requirements of this Part in relation to the spatial development
strategy also apply.
(6)
Subsections (7) to (9) apply if a local planning authority withdraw from an
agreement mentioned in subsection (1).
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(7)
Any step taken in relation to the document must be treated as a step taken by—
(a)
an authority which were a party to the agreement for the purposes of
any corresponding document prepared by them;
(b)
two or more other authorities who were parties to the agreement for the
purposes of any corresponding joint local development document.
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(8)
Any independent examination of a local development document to which the
agreement relates must be suspended.
(9)
If before the end of the period prescribed for the purposes of this subsection an
authority which were a party to the agreement request the Secretary of State to
do so he may direct that—
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(a)
the examination is resumed in relation to the corresponding document;
(b)
any step taken for the purposes of the suspended examination has
effect for the purposes of the resumed examination.
(10)
A joint local development document is a local development document
prepared jointly by two or more local planning authorities.
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(11)
The Secretary of State may by regulations make provision as to what is a
corresponding document.
Joint committees
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Joint committees
(1)
This section applies if one or more local planning authorities agree with one or
25
more county councils in relation to any area of such a council for which there
is also a district council to establish a joint committee to be, for the purposes of
this Part, the local planning authority—
(a)
for the area specified in the agreement;
(b)
in respect of such matters as are so specified.
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(2)
The Secretary of State may by order constitute a joint committee to be the local
planning authority—
(a)
for the area;
(b)
in respect of those matters.
(3)
Such an order—
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(a)
must specify the authority or authorities and county council or councils
(the constituent authorities) which are to constitute the joint committee;
(b)
may make provision as to such other matters as the Secretary of State
thinks are necessary or expedient to facilitate the exercise by the joint
committee of its functions.
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(4)
Provision under subsection (3)(b) --
(a)
may include provision corresponding to provisions relating to joint
committees in Part 6 of the Local Government Act 1972 (c. 70);

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(b)
may apply (with or without modifications) such enactments relating to
local authorities as the Secretary of State thinks appropriate.
(5)
If an order under this section is annulled in pursuance of a resolution of either
House of Parliament—
(a)
with effect from the date of the resolution the joint committee ceases to
5
be the local planning authority as mentioned in subsection (2);
(b)
anything which the joint committee (as the local planning authority)
was required to do for the purposes of this Part must be done for their
area by each local planning authority which were a constituent
authority of the joint committee;
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(c)
each of those local planning authorities must revise their local
development scheme accordingly.
(6)
Nothing in this section or section 29 confers on a local planning authority
constituted by virtue of an order under this section any function in relation to
section 12 or 13.
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(7)
The policies adopted by the joint committee in the exercise of its functions
under this Part must be taken for the purposes of the planning Acts to be the
policies of each of the constituent authorities which are a local planning
authority.
(8)
Subsection (9) applies to any function—
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(a)
which is conferred on a local planning authority (within the meaning of
the principal Act) under or by virtue of the planning Acts, and
(b)
which relates to the authority’s local development scheme or local
development documents.
(9)
If the authority is a constituent authority of a joint committee references to the
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authority’s local development scheme or local development documents must
be construed as including references to the scheme or documents of the joint
committee.
(10)
For the purposes of subsection (4) a local authority is any of the following—
(a)
a county council;
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(b)
a district council;
(c)
a London borough council.
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Joint committees: additional functions
(1)
This section applies if the constituent authorities to a joint committee agree that
the joint committee is to be, for the purposes of this Part, the local planning
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authority for any area or matter which is not the subject of—
(a)
an order under section 28, or
(b)
an earlier agreement under this section.
(2)
Each of the constituent authorities and the joint committee must revise their
local development scheme in accordance with the agreement.
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(3)
With effect from the date when the last such revision takes effect the joint
committee is, for the purposes of this Part, the local planning authority for the
area or matter mentioned in subsection (1).