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Planning and Compulsory Purchase Bill


Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts

125

 

25    (1)  

In the principal Scottish Act, section 249 (tree preservation orders in

anticipation of disposal of Crown land) is omitted.

      (2)  

But the repeal of section 249 does not affect its operation in relation to a tree

preservation order made by virtue of that section before the commencement

of this paragraph.

5

26    (1)  

In the principal Scottish Act, section 250 (requirement of planning

permission for continuance of use instituted by the Crown) is omitted.

      (2)  

But the repeal of section 250 does not affect its operation in relation to an

agreement made as mentioned in subsection (1) of that section before the

commencement of this paragraph.

10

Schedule 6

Section 114

 

Amendments of the planning Acts

Town and Country Planning Act 1990 (c. 8)

1          

The Town and Country Planning Act 1990 is amended as follows.

2          

For section 69 there is substituted the following section—

15

“69  Register of applications etc

(1)   

The local planning authority must keep a register containing such

information as is prescribed as to—

(a)   

applications for planning permission;

(b)   

requests for statements of development principles (within

20

the meaning of section 61E);

(c)   

local development orders;

(d)   

simplified planning zone schemes.

(2)   

The register must contain—

(a)   

information as to the manner in which applications

25

mentioned in subsection (1)(a) and requests mentioned in

subsection (1)(b) have been dealt with;

(b)   

such information as is prescribed with respect to any local

development order or simplified planning zone scheme in

relation to the authority’s area.

30

(3)   

A development order may require the register to be kept in two or

more parts.

(4)   

Each part must contain such information as is prescribed relating to

the matters mentioned in subsection (1)(a) and (b).

(5)   

A development order may also make provision—

35

(a)   

for a specified part of the register to contain copies of

applications or requests and of any other documents or

material submitted with them;

(b)   

for the entry relating to an application or request (and

everything relating to it) to be removed from that part of the

40

register when the application (including any appeal arising

 

 

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts

126

 

out of it) or the request (as the case may be) has been finally

disposed of.

(6)   

Provision made under subsection (5)(b) does not prevent the

inclusion of a different entry relating to the application or request in

another part of the register.

5

(7)   

The register must be kept in such manner as is prescribed.

(8)   

The register must be kept available for inspection by the public at all

reasonable hours.

(9)   

Anything prescribed under this section must be prescribed by

development order.”

10

3          

In section 71 (consultations relating to determination of planning

applications)—

(a)   

subsection (3) is omitted;

(b)   

in subsection (4) the definition of “site licence” is omitted.

4          

Section 92 (outline planning permission) is omitted.

15

5          

Sections 106 to 106B (planning obligations) are omitted.

6          

In section 108 (compensation for refusal of planning permission formerly

granted by development order) after subsection (3) there is inserted the

following subsection—

“(3A)   

This section does not apply if—

20

(a)   

development authorised by planning permission granted by

a development order or local development order is started

before the permission is withdrawn, and

(b)   

the order includes provision in pursuance of section 61D

permitting the development to be completed after the

25

permission is withdrawn.”

7     (1)  

In section 245 (modification of incorporated enactments), subsections (2)

and (3) are omitted.

      (2)  

The amendments made by sub-paragraph (1) do not apply to compulsory

purchase orders of which notice under section 11 of or, as the case may be,

30

paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published

before commencement of this paragraph.

8          

In section 284(1) (restriction on challenge to validity of certain documents),

paragraph (a) is omitted.

9     (1)  

Section 287 (procedure for questioning the validity of certain matters) is

35

amended as follows.

      (2)  

For subsections (1) to (3) there are substituted the following subsections—

“(1)   

This section applies to—

(a)   

a simplified planning zone scheme or an alteration of such a

scheme;

40

(b)   

an order under section 247, 248, 249, 251, 257, 258 or 277,

   

and anything falling within paragraphs (a) and (b) is referred to in

this section as a relevant document.

 

 

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts

127

 

(2)   

A person aggrieved by a relevant document may make an

application to the High Court on the ground that—

(a)   

it is not within the appropriate power, or

(b)   

a procedural requirement has not been complied with.

(3)   

The High Court may make an interim order suspending the

5

operation of the relevant document—

(a)   

wholly or in part;

(b)   

generally or as it affects the property of the applicant.

(3A)   

Subsection (3B) applies if the High Court is satisfied—

(a)   

that a relevant document is to any extent outside the

10

appropriate power;

(b)   

that the interests of the applicant have been substantially

prejudiced by a failure to comply with a procedural

requirement.

(3B)   

The High Court may quash the relevant document—

15

(a)   

wholly or in part;

(b)   

generally or as it affects the property of the applicant.

(3C)   

An interim order has effect until the proceedings are finally

determined.

(3D   

The appropriate power is—

20

(a)   

in the case of a simplified planning zone scheme or an

alteration of the scheme, Part III;

(b)   

in the case of an order under section 247, 248, 249, 251, 257,

258 or 277, the section under which the order is made.”

      (3)  

In subsection (5)—

25

(a)   

paragraph (a) is omitted;

(b)   

in each of paragraphs (b) to (e) the words “by virtue of subsection

(3)” are omitted.

      (4)  

Subsection (6) is omitted.

10    (1)  

Section 296 (exercise of powers in relation to Crown land) is amended as

30

follows.

      (2)  

In subsection (1) for paragraph (a) there is substituted the following

paragraph—

“(a)   

a document, plan or strategy specified in subsection (1A)

may include proposals relating to the use of Crown land;”.

35

      (3)  

After subsection (1) there is inserted the following subsection—

“(1A)   

These are the documents, plans and strategies—

(a)   

the regional spatial strategy (or a revision of it) within the

meaning of Part 1 of the Planning and Compulsory Purchase

Act 2003;

40

(b)   

a local development document (or a revision of it) adopted or

approved under Part 2 of that Act;

(c)   

a local development plan (or a revision of it) adopted or

approved under Part 6 of that Act;

 

 

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts

128

 

(d)   

the Mayor of London’s spatial development strategy (or any

alteration or replacement of it) published in pursuance of

section 337 of the Greater London Authority Act 1999.”

11    (1)  

Section 303A (recovery of costs of certain inquiries) is amended as follows.

      (2)  

For subsection (1) there are substituted the following subsections—

5

“(1)   

This section applies if the appropriate authority appoints a person to

carry out or hold a qualifying procedure.

(1A)   

A qualifying procedure is—

(a)   

an independent examination under section 19 or 62 of the

Planning and Compulsory Purchase Act 2003;

10

(b)   

a local inquiry or other hearing under paragraph 8(1)(a) of

Schedule 7;

(c)   

the consideration of objections under paragraph 8(1)(b) of

that Schedule.

(1B)   

The appropriate authority is—

15

(a)   

the Secretary of State if the local planning authority causing

the procedure to be carried out or held is in England;

(b)   

the National Assembly for Wales if the local planning

authority causing the procedure to be carried out or held is in

Wales.

20

      (3)  

In each of subsections (2) to (6) and (10)(a) in each place where it occurs—

(a)   

for “Secretary of State” there is substituted “appropriate authority”;

(b)   

for “him” there is substituted “it”;

(c)   

for “he” there is substituted “it”.

      (4)  

In each of subsections (2), (4), (5) and (6) in each place where it occurs for

25

“inquiry” there is substituted “procedure”.

      (5)  

In subsection (5) each of the following is omitted—

(a)   

“or appointed as one of the persons who are to hold it”;

(b)   

“(in addition to what may be recovered by virtue of the appointment

of any other person)”;

30

(c)   

in paragraph (c), “(or, in a case where that person is appointed as one

of the persons who are to hold the qualifying inquiry, an appropriate

proportion of any costs attributable to the appointment of an

assessor to assist those persons)”.

      (6)  

Subsections (7) to (9) are omitted.

35

      (7)  

Before subsection (10) there is inserted the following subsection—

“(9A)   

References to a local planning authority causing a qualifying inquiry

to be held include references to a requirement under the Planning

and Compulsory Purchase Act 2003 on the authority to submit a plan

to the appropriate authority for independent examination.”

40

12         

In section 306 (2) (local authorities and statutory undertakers may contribute

to certain costs of local planning authorities) for paragraph (a) there are

substituted the following paragraphs—

“(a)   

any expenses incurred by a local planning authority for the

purposes of carrying out a review under section 12 or 59 of

45

the Planning and Compulsory Purchase Act 2003 (duty of

 

 

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts

129

 

local planning authority to keep under review certain matters

affecting development);

(ab)   

any expenses incurred by a county council for the purposes

of carrying out a review under section 13 of that Act (duty of

county council to keep under review certain matters affecting

5

development);”

13         

In section 324(1) (rights of entry) for paragraph (a) there is substituted the

following paragraph—

“(a)   

the preparation, revision, adoption or approval of a local

development document under Part 2 of the Planning and

10

Compulsory Purchase Act 2003 or a local development plan

under Part 6 of that Act;”

14    (1)  

Section 333 (provision about regulations and orders) is amended as follows.

      (2)  

After subsection (2) there is inserted the following subsection—

“(2A)   

Regulations may make different provision for different purposes.”

15

15         

In section 336(1) (interpretation) for the definition of development plan there

is substituted—

““development plan” must be construed in accordance with section

37 of the Planning and Compulsory Purchase Act 2003;”.

16    (1)  

Schedule 1 (distribution of functions of local planning authorities) is

20

amended as follows.

      (2)  

Paragraph 2 is omitted.

      (3)  

In paragraph 3(7) the words “but paragraph 4 shall apply to such

applications instead” are omitted

      (4)  

Paragraphs 4(2) and 7 are omitted.

25

17         

In Schedule 2 (transitional provisions relating to development plans) Parts

1, 2 and 3 are omitted.

18    (1)  

Schedule 13 (blighted land) is amended as follows.

      (2)  

Paragraphs 1 to 4 are omitted.

      (3)  

The following paragraph is inserted as paragraph 1A—

30

“1A        

Land which is identified for the purposes of relevant public

functions by a development plan document for the area in which

the land is situated.

Notes

(1)        

Relevant public functions are—

35

(a)   

the functions of a government department, local authority,

National Park authority or statutory undertakers;

(b)   

the establishment or running by a public

telecommunications operator of a telecommunication

system.

40

(2)        

For the purposes of this paragraph a development plan document

is—

(a)   

a development plan document which is adopted or

approved for the purposes of Part 2 of the Planning and

 

 

Planning and Compulsory Purchase Bill
Schedule 6 — Amendments of the planning Acts

130

 

Compulsory Purchase Act 2003 (in this paragraph, the

2003 Act);

(b)   

a revision of such a document in pursuance of section 25 of

the 2003 Act which is adopted or approved for the

purposes of Part 2 of the 2003 Act;

5

(c)   

a development plan document which has been submitted

to the Secretary of State for independent examination

under section 19(1) of the 2003 Act;

(d)   

a revision of a development plan document in pursuance

of section 25 of the 2003 Act if the document has been

10

submitted to the Secretary of State for independent

examination under section 19(1) of that Act.

(3)        

But Note (2)(c) and (d) does not apply if the document is

withdrawn under section 21 of the 2003 Act at any time after it has

been submitted for independent examination.

15

(4)        

In Note (2)(c) and (d) the submission of a development plan

document to the Secretary of State for independent examination is

to be taken to include the holding of an independent examination

by the Secretary of State under section 20 or section 26 of the 2003

Act.”

20

      (4)  

In paragraph 5 for “any such functions as are mentioned in paragraph 1(a)(i)

or (ii)” there is substituted “relevant public functions (within the meaning of

paragraph 1A)”.

      (5)  

In paragraph 6 for “any such functions as are mentioned in paragraph 5”

there is substituted “relevant public functions (within the meaning of

25

paragraph 1A)”.

      (6)  

In paragraph 13, for “paragraphs 1, 2, 3 and 4” there is substituted

“paragraph 1A”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

19         

The Planning (Listed Buildings and Conservation Areas) Act 1990 is

30

amended as follows.

20         

In section 10(3) (regulations relating to applications for listed building

consent)—

(a)   

for paragraph (b) and the word “and” following it there is

substituted the following paragraph—

35

“(b)   

requirements as to publicity in relation to

such applications;”;

(b)   

after paragraph (c) there are inserted the following paragraphs—

“(d)   

requirements as to consultation in relation to such

applications;

40

(e)   

prohibiting the determination of such applications

during such period as is prescribed;

(f)   

requirements on the local planning authority to

take account of responses from persons consulted.”

21         

In section 23(2) (matters to which regard is to be had by local planning

45

authority in exercising function of revoking or modifying consent) for “the

development plan and to any other” there is substituted “any”.

 

 

Planning and Compulsory Purchase Bill
Schedule 7 — Amendments of other enactments

131

 

22         

In section 26(2) (matters to which regard is to be had by the Secretary of State

in exercising function of revoking or modifying consent) for “the

development plan and to any other” there is substituted “any”.

23         

In section 67 (publicity for applications affecting the setting of listed

buildings) for subsections (1) to (7) there is substituted the following

5

subsection—

“(1)   

The Secretary of State may prescribe requirements as to publicity for

applications for planning permission in cases where the local

planning authority think that the development of land would affect

the setting of a listed building.”

10

24         

In section 73 (publicity for applications affecting conservation areas) for

subsection (1) there is substituted the following subsection—

“(1)   

The Secretary of State may prescribe requirements as to publicity for

applications for planning permission in cases where the local

planning authority think that the development of land would affect

15

the character or appearance of a conservation area.”

25         

In section 91(2) (interpretation) ““development plan”” is omitted.

26         

In section 93 (provision about regulations and orders) after subsection (6)

there are inserted the following subsections—

“(6A)   

Regulations and orders may make different provision for different

20

purposes.

(6B)   

The powers to make regulations under sections 10(3)(b), 67(1) and

73(1) must be taken to be powers mentioned in section 100(2) of the

Local Government Act 2003 (powers exercisable in relation to

descriptions of certain local authorities which fall into particular

25

categories for the purposes of section 99 of that Act).”

27         

In Schedule 4 (certain provisions as to the exercise of functions by different

authorities), in paragraph 3 sub-paragraph (b) and the word “and”

immediately before it are omitted.

Planning (Hazardous Substances) Act 1990 (c. 10)

30

28         

In section 40 the Planning (Hazardous Substances) Act 1990 (provision

about regulations) after subsection (3) there is inserted the following

subsection—

“(4)   

Regulations may make different provision for different purposes.”

Schedule 7

35

Section 114

 

Amendments of other enactments

Gas Act 1965 (c. 36)

1          

In paragraph 7(2) of Schedule 3 of the Gas Act 1965 after “development

order” there is inserted “or local development order”.

 

 

 
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