Planning and Compulsory Purchase Bill

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Planning and Compulsory Purchase Bill

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(10)
This section does not apply to an application which relates to the
development of land in Wales.
76B  Major infrastructure projects: inspectors
(1)
This section applies if the Secretary of State appoints an inspector under
section 76A(4)(b) (the lead inspector).
5
(2)
The Secretary of State may direct the lead inspector—
(a)
to consider such matters relating to the application as are
prescribed;
(b)
to make recommendations to the Secretary of State on those
matters.
10
(3)
After considering any recommendations of the lead inspector the
Secretary of State may—
(a)
appoint such number of additional inspectors as he thinks
appropriate;
(b)
direct that each of the additional inspectors must consider such
15
matters relating to the application as the lead inspector decides.
(4)
An additional inspector must—
(a)
comply with such directions as to procedural matters as the
lead inspector gives;
(b)
report to the lead inspector on the matter he is appointed to
20
consider.
(5)
A copy of directions given as mentioned in subsection (4)(a) must be
given to—
(a)
the person who made the application;
(b)
the local planning authority;
25
(c)
any other person who requests it.
(6)
If the Secretary of State does not act under subsection (3) he must direct
the lead inspector to consider the application on his own.
(7)
In every case the lead inspector must report to the Secretary of State
on—
30
(a)
his consideration of the application;
(b)
the consideration of the additional inspectors (if any) of the
matters mentioned in subsection (3)(b).
(8)
The function of the lead inspector in pursuance of subsection (2)—
(a)
may be exercised from time to time;
35
(b)
includes making recommendations as to the number of
additional inspectors required from time to time.
(9)
The power of the Secretary of State under subsection (3) to appoint an
additional inspector includes power to revoke such an appointment.”
Simplified planning zones
40
45
Simplified planning zones
(1)
In section 83 of the principal Act (making simplified planning zone schemes)
subsection (1) is omitted.

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(2)
Before section 83(2) of that Act there are inserted the following subsections—
“(1A)
This section applies if—
(a)
the regional spatial strategy for the region in which the area of
a local planning authority in England is situated identifies the
need for a simplified planning zone in that area (or any part of
5
it);
(b)
the criteria prescribed by the National Assembly for Wales for
the need for a simplified planning zone are satisfied in relation
to the area (or any part of the area) of a local planning authority
in Wales.
10
(1B)
The local planning authority must consider the question for which part
or parts of their area a simplified planning zone scheme is desirable.
(1C)
The local planning authority must keep under review the question
mentioned in subsection (1B).”
(3)
For section 83(2) of that Act there are substituted the following subsections—
15
“(2)
A local planning authority must make a simplified planning zone
scheme for all or any part of their area—
(a)
if as a result of the consideration mentioned in subsection (1B)
or the review mentioned in subsection (1C) they decide that it is
desirable to do so;
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(b)
if they are directed to do so by the Secretary of State or the
National Assembly for Wales (as the case may be).
(2A)
A local planning authority may at any time—
(a)
alter a scheme adopted by them;
(b)
with the consent of the Secretary of State alter a scheme made or
25
altered by him under paragraph 12 of Schedule 7 or approved
by him under paragraph 11 of that Schedule;
(c)
with the consent of the National Assembly for Wales alter a
scheme made or altered by it under paragraph 12 of Schedule 7
or approved by it under paragraph 11 of that Schedule.
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(2B)
A simplified planning zone scheme for an area in England must be in
conformity with the regional spatial strategy.”
(4)
In section 83 of that Act after subsection (3) there is inserted the following
subsection—
“(4)
In this section and in Schedule 7—
35
(a)
a reference to the regional spatial strategy must be construed in
relation to any area in Greater London as a reference to the
spatial development strategy;
(b)
a reference to a region must be construed in relation to such an
area as a reference to Greater London.”
40
(5)
In section 85(1) of that Act (duration of simplified planning zone scheme) for
the words from “period” to the end there is substituted “specified period”.
(6)
After section 85(1) of that Act there is inserted the following subsection—
“(1A)
The specified period is the period not exceeding 10 years—

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(a)
beginning with the date when the scheme is adopted or
approved, and
(b)
which is specified in the scheme.”
(7)
In Schedule 7 of that Act in paragraph 2 (notification of proposal to make
scheme) for “decide under section 83(2) to make or” there is substituted “are
5
required under section 83(2) to make or decide under section 83(2A) to”.
(8)
In Schedule 7 of that Act paragraphs 3 and 4 are omitted.
(9)
In Schedule 7 of that Act in paragraph 12 (default powers of Secretary of State)
for sub-paragraph (1) there are substituted the following sub-paragraphs—
     “(1)
This paragraph applies if each of the following conditions is
10
satisfied.
     (1A)
The first condition is that—
(a)
the regional spatial strategy for the region in which the area
of a local planning authority is situated identifies the need for
a simplified planning zone in any part of their area, or
15
(b)
the criteria prescribed by the National Assembly for Wales
for the need for a simplified planning zone are satisfied in
relation to the area of a local planning authority in Wales.
     (1B)
The second condition is that the Secretary of State or the National
Assembly for Wales (as the case may be) is satisfied after holding a
20
local inquiry or other hearing that the authority are not taking within
a reasonable period the steps required by this Schedule for the
adoption of proposals for the making or alteration of a scheme.
     (1C)
The Secretary of State or the National Assembly for Wales (as the
case may be) may make or alter the scheme.”
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Planning contribution
46
Planning contribution
(1)
The Secretary of State may, by regulations, make provision for the making of a
planning contribution in relation to the development or use of land in the area
of a local planning authority.
30
(2)
The contribution may be made—
(a)
by the prescribed means,
(b)
by compliance with the relevant requirements, or
(c)
by a combination of such means and compliance.
(3)
The regulations may require the local planning authority to include in a
35
development plan document (or in such other document as is prescribed)—
(a)
a statement of the developments or uses or descriptions of
development or use in relation to which they will consider accepting a
planning contribution;
(b)
a statement of the matters relating to development or use in relation to
40
which they will not consider accepting a contribution by the prescribed
means;
(c)
the purposes to which receipts from payments made in respect of
contributions are (in whole or in part) to be put;

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(d)
the criteria by reference to which the value of a contribution made by
the prescribed means is to be determined.
(4)
The regulations may make provision as to circumstances in which—
(a)
except in the case of a contribution to which subsection (3)(b) applies,
the person making the contribution (the contributor) must state the
5
form in which he will make the contribution;
(b)
the contribution may not be made by compliance with the relevant
requirements if it is made by the prescribed means;
(c)
the contribution may not be made by the prescribed means if it is made
by compliance with the relevant requirements;
10
(d)
a contribution must not be made.
(5)
The prescribed means are—
(a)
the payment of a sum the amount and terms of payment of which are
determined in accordance with criteria published by the local planning
authority for the purposes of subsection (3)(d),
15
(b)
the provision of a benefit in kind the value of which is so determined, or
(c)
a combination of such payment and provision.
(6)
The relevant requirements are such requirements relating to the development
or use as are—
(a)
prescribed for the purposes of this section, and
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(b)
included as part of the terms of the contribution,

and may include a requirement to make a payment of a sum.
(7)
Development plan document must be construed in accordance with section
36(3).
47
Planning contribution: regulations
25
(1)
This section applies for the purpose of regulations made under section 46.
(2)
Maximum and minimum amounts may be prescribed in relation to a payment
falling within section 46(5)(a).
(3)
Provision may be made to enable periodic adjustment of the criteria mentioned
in section 46(3)(d).
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(4)
The local planning authority may be required to publish an annual report
containing such information in relation to the planning contribution as is
prescribed.
(5)
If a document is prescribed for the purposes of section 46(3) the regulations
may prescribe—
35
(a)
the procedure for its preparation and the time at which it must be
published;
(b)
the circumstances in which and the procedure by which the Secretary
of State may take steps in relation to the preparation of the document.
(6)
Provision may be made for the enforcement by the local planning authority of
40
the terms of a planning contribution including provision—
(a)
for a person deriving title to the land from the contributor to be bound
by the terms of the contribution;

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(b)
for a condition to be attached to any planning permission relating to the
land requiring the contribution to be made before any development is
started;
(c)
for the enforcement of a planning contribution in respect of land which
is Crown land within the meaning of section 293(1) of the principal Act.
5
(7)
The regulations may—
(a)
require the local planning authority to apply receipts from planning
contributions made by the prescribed means only to purposes
mentioned in section 46(3)(c);
(b)
make provision for setting out in writing the terms of the planning
10
contribution;
(c)
make provision in relation to the modification or discharge of a
planning contribution.
(8)
The regulations may—
(a)
make different provision in relation to the areas of different local
15
planning authorities or different descriptions of local planning
authority;
(b)
exclude their application (in whole or in part) in relation to the area of
one or more local planning authorities or descriptions of local planning
authority.
20
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Planning contribution: Wales
In relation to land in Wales, sections 46 and 47 apply subject to the following
modifications—
(a)
references to the Secretary of State must be construed as references to
the National Assembly for Wales;
25
(b)
the reference to a development plan document must be construed as a
reference to a local development plan (within the meaning of section
60).
Miscellaneous
49
Appeal made: functions of local planning authority
30
(1)
In the principal Act after section 78 (right to appeal) there is inserted the
following section—
“78A  Appeal made: functions of local planning authorities
(1)
This section applies if a person who has made an application
mentioned in section 78(1)(a) appeals to the Secretary of State under
35
section 78(2).
(2)
At any time before the end of the additional period the local planning
authority may give the notice referred to in section 78(2).
(3)
If the local planning authority give notice as mentioned in subsection
(2) that their decision is to refuse the application—
40
(a)
the appeal must be treated as an appeal under section 78(1)
against the refusal;
(b)
the Secretary of State must give the person making the appeal
an opportunity to revise the grounds of the appeal;

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(c)
the Secretary of State must give such a person an opportunity to
change any option the person has chosen relating to the
procedure for the appeal.
(4)
If the local planning authority give notice as mentioned in subsection
(2) that their decision is to grant the application subject to conditions
5
the Secretary of State must give the person making the appeal the
opportunity —
(a)
to proceed with the appeal as an appeal under section 78(1)
against the grant of the application subject to conditions;
(b)
to revise the grounds of the appeal;
10
(c)
to change any option the person has chosen relating to the
procedure for the appeal.
(5)
The Secretary of State must not issue his decision on the appeal before
the end of the additional period.
(6)
The additional period is the period prescribed by development order
15
for the purposes of this section and which starts on the day on which
the person appeals under section 78(2).”
(2)
In the listed buildings Act after section 20 (right to appeal) there is inserted the
following section—
“20A  Appeal made: functions of local planning authorities
20
(1)
This section applies if a person who has made an application
mentioned in section 20(1)(a) appeals to the Secretary of State under
section 20(2).
(2)
At any time before the end of the additional period the local planning
authority may give the notice referred to in section 20(2).
25
(3)
If the local planning authority give notice as mentioned in subsection
(2) that their decision is to refuse the application—
(a)
the appeal must be treated as an appeal under section 20(1)
against the refusal;
(b)
the Secretary of State must give the person making the appeal
30
an opportunity to revise the grounds of the appeal;
(c)
the Secretary of State must give such a person an opportunity to
change any option the person has chosen relating to the
procedure for the appeal.
(4)
If the local planning authority give notice as mentioned in subsection
35
(2) that their decision is to grant the application subject to conditions
the Secretary of State must give the person making the appeal the
opportunity—
(a)
to proceed with the appeal as an appeal under section 20(1)
against the grant of the application subject to conditions;
40
(b)
to revise the grounds of the appeal;
(c)
to change any option the person has chosen relating to the
procedure for the appeal.
(5)
The Secretary of State must not issue his decision on the appeal before
the end of the additional period.
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(6)
The additional period is the period prescribed for the purposes of this
section and which starts on the day on which the person appeals under
section 20(2).”
(3)
This section has effect only in relation to relevant applications which are
received by the local planning authority after the commencement of this
5
section.
(4)
The following are relevant applications—
(a)
an application mentioned in section 78(1)(a) of the principal Act;
(b)
an application mentioned in section 20(1)(a) of the listed buildings Act;
(c)
an application mentioned in section 20(1)(a) of the listed buildings Act
10
as given effect by section 74(3) of that Act (application of certain
provisions to the control of demolition in conservation areas).
50
Duration of permission and consent
(1)
Section 91 of the principal Act (limit on duration of planning permission) is
amended as follows—
15
(a)
in subsections (1)(a) and (3) for the words “five years” there is
substituted “three years”;
(b)
after subsection (3) there are inserted the following subsections—
“(3A)
If a decision to grant planning permission or the deemed grant
of planning permission is challenged by way of judicial review
20
or under section 288 the period of three years or other period
mentioned in subsection (1)(b) begins on the day the
proceedings for judicial review or under section 288 (as the case
may be) are concluded.
(3B)
Proceedings by way of judicial review are concluded—
25
(a)
when permission to apply for judicial review has been
refused and no further application may be made;
(b)
when the court has given judgment in the matter and the
time for making an appeal expires without an appeal
having been made or permission to appeal is refused;
30
(c)
when any appeal is finally determined.
(3C)
Proceedings under section 288 are concluded—
(a)
when the court has given judgment in the matter and the
time for making an appeal expires without an appeal
having been made or permission to appeal is refused;
35
(b)
when any appeal is finally determined.
(3D)
For the purposes of subsections (3B) and (3C) any power of the
court to grant permission for an appeal out of time must be
ignored.
(3E)
Nothing in this section prevents the development being begun
40
from the time the permission is granted or deemed to be
granted.”
(2)
In section 92 of that Act (outline planning permission)—
(a)
in subsection (2)(b) sub-paragraph (i) is omitted;
(b)
in subsection (2)(b) in sub-paragraph (ii) the words “if later” are
45
omitted;