Planning and Compulsory Purchase Bill

House of Lords

Session 2003 - 04
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Other Bills before Parliament

Planning and Compulsory Purchase Bill

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Part 6 — Wales
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67
Review of local development plan
(1)
A local planning authority must carry out a review of their local development
plan at such times as the Assembly prescribes.
(2)
The authority must report to the Assembly on the findings of their review.
(3)
A review must—
5
(a)
be in such form as is prescribed;
(b)
be published in accordance with such requirements as are prescribed.
68
Revision of local development plan
(1)
The local planning authority may at any time prepare a revision of a local
development plan.
10
(2)
The authority must prepare a revision of a local development plan—
(a)
if the Assembly directs them to do so;
(b)
if, following a review under section 67, they think that the plan should
be revised.
(3)
This Part applies to the revision of a local development plan as it applies to the
15
preparation of the plan.
69
Assembly’s default power
(1)
This section applies if the Assembly 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 local development plan.
20
(2)
The Assembly must hold an independent examination and section 62(4) to (7)
applies accordingly.
(3)
The Assembly must publish the recommendations and reasons of the person
appointed to hold the examination.
(4)
The Assembly may—
25
(a)
prepare or revise (as the case may be) the plan, and
(b)
approve the plan as a local development plan.
(5)
The authority must reimburse the Assembly for any expenditure it incurs in
connection with anything—
(a)
which is done by it under subsection (4), and
30
(b)
which the authority failed or omitted to do as mentioned in subsection
(1).
70
Joint local development plans
(1)
Two or more local planning authorities may agree to prepare a joint local
development plan.
35
(2)
This Part applies for the purposes of the preparation, revision, adoption,
withdrawal and revocation of a joint local development plan as it applies for
the purposes of the preparation, revision, adoption, withdrawal and
revocation of a local development plan.

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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
plan must be done by or in relation to each of the authorities mentioned in
subsection (1) in connection with a joint local development plan.
(4)
Subsections (5) to (7) apply if a local planning authority withdraw from an
5
agreement mentioned in subsection (1).
(5)
Any step taken in relation to the plan must be treated as a step taken by—
(a)
an authority which was a party to the agreement for the purposes of
any corresponding plan prepared by them;
(b)
two or more other authorities who were parties to the agreement for the
10
purposes of any corresponding joint local development plan.
(6)
Any independent examination of a local development plan to which the
agreement relates must be suspended.
(7)
If before the end of the period prescribed for the purposes of this subsection an
authority which was a party to the agreement requests the Assembly to do so
15
it may direct that—
(a)
the examination is resumed in relation to the corresponding plan;
(b)
any step taken for the purposes of the suspended examination has
effect for the purposes of the resumed examination.
(8)
A joint local development plan is a local development plan prepared jointly by
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two or more local planning authorities.
Miscellaneous
71
Exclusion of certain representations
(1)
This section applies to any representation or objection in respect of anything
which is done or is proposed to be done in pursuance of—
25
(a)
an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of
the Highways Act 1980 (c. 66);
(b)
an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act
1959 (c. 25), section 3 of the Highways (Miscellaneous Provisions) Act
1961 (c. 63) or section 1 or 10 of the Highways Act 1971 (c. 41) (which
30
provisions were replaced by the provisions mentioned in paragraph
(a));
(c)
an order under section 1 of the New Towns Act 1981 (c. 64).
(2)
If the Assembly or a local planning authority thinks that a representation made
in relation to a local development plan is in substance a representation or
35
objection to which this section applies it or they (as the case may be) may
disregard it.
72
Urban development corporations
The Assembly may direct that this Part (except section 58) does not apply to the
area of an urban development corporation.
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73
Guidance
In the exercise of any function conferred under or by virtue of this Part the local
planning authority must have regard to any guidance issued by the Assembly.
74
Annual monitoring report
(1)
Every local planning authority must make an annual report to the Assembly.
5
(2)
The annual report must contain such information as is prescribed as to the
extent to which the objectives set out in the local development plan are being
achieved.
(3)
The annual report must—
(a)
be made at such time as is prescribed;
10
(b)
be in such form as is prescribed;
(c)
contain such other matter as is prescribed.
General
75
Regulations
(1)
The Assembly may by regulations make provision in connection with the
15
exercise of functions conferred by this Part on any person.
(2)
The regulations may in particular make provision as to—
(a)
the procedure to be followed by the local planning authority in carrying
out the appraisal under section 60(6);
(b)
the procedure to be followed in the preparation of local development
20
plans;
(c)
requirements about the giving of notice and publicity;
(d)
requirements about inspection by the public of a plan or any other
document;
(e)
the nature and extent of consultation with and participation by the
25
public in anything done under this Part;
(f)
the making of representations about any matter to be included in a local
development plan;
(g)
consideration of any such representations;
(h)
the remuneration and allowances payable to the person appointed to
30
carry out an independent examination under section 62;
(i)
the time at which anything must be done for the purposes of this Part;
(j)
the manner of publication of any draft, report or other document
published under this Part;
(k)
monitoring the exercise by local planning authorities of their functions
35
under this Part.
76
Interpretation
(1)
Local development plan must be construed in accordance with section 60.
(2)
Local planning authorities are—
(a)
county councils in Wales;
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(b)
county borough councils.

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Chapter 1 — England and Wales
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(3)
A National Park authority is the local planning authority for the whole of its
area and subsection (2) must be construed subject to that.
(4)
The Assembly is the National Assembly for Wales.
(5)
RSS must be construed in accordance with Part 1.
(6)
This section applies for the purposes of this Part.
5
Part 7
Crown application of planning Acts
Chapter 1
England and Wales
Crown application
10
77
Crown application of planning Acts
(1)
In Part 13 of the principal Act before section 293 (preliminary definitions for
Part 13) there is inserted the following section—
“292A  Application to the Crown
(1)
This Act binds the Crown.
15
(2)
But subsection (1) is subject to express provision made by this Part.”
(2)
In the listed buildings Act after section 82 there is inserted the following
section—
“82A  Application to the Crown
(1)
This Act (except the provisions specified in subsection (2)) binds the
20
Crown.
(2)
These are the provisions—
(a)
section 9;
(b)
section 11(6);
(c)
section 21(7);
25
(d)
section 42(1), (5) and (6);
(e)
section 43;
(f)
section 44A;
(g)
section 54;
(h)
section 55;
30
(i)
section 59;
(j)
section 88A.
(3)
But subsection (2)(a) does not have effect to prohibit the doing of
anything by or on behalf of the Crown which falls within the
circumstances described in section 9(3)(a) to (d) and the doing of that
35
thing does not contravene section 7.”
(3)
In the hazardous substances Act after section 30 there are inserted the

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following sections—
“30A  Application to the Crown
(1)
This Act (except the provisions specified in subsection (2)) binds the
Crown.
(2)
The provisions are—
5
(a)
section 8(6);
(b)
section 23;
(c)
section 26AA;
(d)
section 36A;
(e)
section 36B(2).”
10
30B  Crown application: transitional
(1)
This section applies if at any time during the establishment period a
hazardous substance was present on, over or under Crown land.
(2)
The appropriate authority must make a claim in the prescribed form
before the end of the transitional period.
15
(3)
The claim must contain the prescribed information as to—
(a)
the presence of the substance during the establishment period;
(b)
how and where the substance was kept and used.
(4)
Unless subsection (5) or (7) applies, the hazardous substances authority
is deemed to have granted the hazardous substances consent claimed
20
in pursuance of subsection (2).
(5)
This subsection applies if the hazardous substances authority think that
a claim does not comply with subsection (3).
(6)
If subsection (5) applies, the hazardous substances authority must,
before the end of the period of two weeks starting with the date they
25
received the claim—
(a)
notify the claimant that they think the claim is invalid;
(b)
give their reasons.
(7)
This subsection applies if at no time during the establishment period
was the aggregate quantity of the substance equal to or greater than the
30
controlled quantity.
(8)
Hazardous substances consent which is deemed to be granted under
this section is subject—
(a)
to the condition that the maximum aggregate quantity of the
substance that may be present for the purposes of this
35
subsection at any one time must not exceed the established
quantity;
(b)
to such other conditions (if any) as are prescribed for the
purposes of this section and are applicable in the case of the
consent.
40
(9)
A substance is present for the purposes of subsection (8)(a) if—
(a)
it is on, over or under land to which the claim for consent
relates,

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(b)
it is on, over or under other land which is within 500 metres of
it and is controlled by the Crown, or
(c)
it is in or on a structure controlled by the Crown any part of
which is within 500 metres of it,

and in calculating whether the established quantity is exceeded a
5
quantity of a substance which falls within more than one of paragraphs
(a) to (c) must be counted only once.
(10)
The establishment period is the period of 12 months ending on the day
before the date of commencement of section 77(3) of the Planning and
Compulsory Purchase Act 2003.
10
(11)
The transitional period is the period of six months starting on the date
of commencement of that section.
(12)
The established quantity in relation to any land is the maximum
quantity which was present on, over or under the land at any one time
within the establishment period.”
15
(4)
Schedule 3 amends the planning Acts in relation to the application of those
Acts to the Crown.
National security
78
Special provision relating to national security
(1)
In section 321 of the principal Act (planning inquiries to be held in public
20
subject to certain exceptions) after subsection (4) there are inserted the
following subsections—
“(5)
If the Secretary of State is considering giving a direction under
subsection (3) the Attorney General may appoint a person to represent
the interests of any person who will be prevented from hearing or
25
inspecting any evidence at a local inquiry if the direction is given.
(6)
If before the Secretary of State gives a direction under subsection (3) no
person is appointed under subsection (5), the Attorney General may at
any time appoint a person as mentioned in subsection (5) for the
purposes of the inquiry.
30
(7)
The Lord Chancellor may by rules make provision—
(a)
as to the procedure to be followed by the Secretary of State
before he gives a direction under subsection (3) in a case where
a person has been appointed under subsection (5);
(b)
as to the functions of such a person.
35
(8)
Rules made under subsection (7) must be contained in a statutory
instrument subject to annulment in pursuance of a resolution of either
House of Parliament.”
(2)
In Schedule 3 to the listed buildings Act (determination of certain appeals by
person appointed by the Secretary of State), in paragraph 6, after sub-
40
paragraph (7) there are inserted the following sub-paragraphs—
    “(7A)
If the Secretary of State is considering giving a direction under sub-
paragraph (6) the Attorney General may appoint a person to
represent the interests of any person who will be prevented from

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hearing or inspecting any evidence at a local inquiry if the direction
is given.
(7B)
If before the Secretary of State gives a direction under sub-paragraph
(6) no person is appointed under sub-paragraph (7A), the Attorney
General may at any time appoint a person as mentioned in sub-
5
paragraph (7A) for the purposes of the inquiry.
(7C)
The Lord Chancellor may by rules make provision—
(a)
as to the procedure to be followed by the Secretary of State
before he gives a direction under sub-paragraph (6) in a case
where a person has been appointed under sub-paragraph
10
(7A);
(b)
as to the functions of such a person.
(7D)
Rules made under sub-paragraph (7C) must be contained in a
statutory instrument subject to annulment in pursuance of a
resolution of either House of Parliament.”
15
(3)
In the Schedule to the hazardous substances Act, in paragraph 6, after sub-
paragraph (7) there are inserted the following sub-paragraphs—
“(7A)
If the Secretary of State is considering giving a direction under sub-
paragraph (6) the Attorney General may appoint a person to
represent the interests of any person who will be prevented from
20
hearing or inspecting any evidence at a local inquiry if the direction
is given.
(7B)
If before the Secretary of State gives a direction under sub-paragraph
(6) no person is appointed under sub-paragraph (7A), the Attorney
General may at any time appoint a person as mentioned in sub-
25
paragraph (7A) for the purposes of the inquiry.
(7C)
The Lord Chancellor may by rules make provision—
(a)
as to the procedure to be followed by the Secretary of State
before he gives a direction under sub-paragraph (6) in a case
where a person has been appointed under sub-paragraph
30
(7A);
(b)
as to the functions of such a person.
(7D)
Rules made under sub-paragraph (7C) must be contained in a
statutory instrument subject to annulment in pursuance of a
resolution of either House of Parliament.”
35
79
Special provision relating to national security: Wales
(1)
After section 321 of the principal Act (planning inquiries to be held in public
subject to certain exceptions) there is inserted the following section—
“321A  Special provision in relation to planning inquiries: Wales
(1)
This section applies if the matter in respect of which a local inquiry to
40
which section 321 applies is to be held relates to Wales.
(2)
The reference in section 321(5) to the Attorney General must be read as
a reference to the Counsel General to the National Assembly for Wales.
(3)
The Assembly may by regulations make provision as mentioned in
section 321(7) in connection with a local inquiry to which this section
45
applies.