Planning and Compulsory Purchase Bill

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning Acts
Chapter 2 — Scotland
70

under this Act, declare unlawful any act or omission so done or
suffered.
(2)
A planning authority must not take any step for the purposes of
enforcement in relation to Crown land unless it has the consent of the
appropriate authority.
5
(3)
The appropriate authority may give consent under subsection (2)
subject to such conditions as it thinks appropriate.
(4)
A step taken for the purposes of enforcement is anything done in
connection with the enforcement of anything required to be done or
prohibited by or under this Act.
10
(5)
A step taken for the purposes of enforcement includes—
(a)
entering land,
(b)
initiating proceedings,
(c)
the making of an application.
(6)
A step taken for the purposes of enforcement does not include—
15
(a)
service of a notice,
(b)
the making of an order (other than a court order).
30C
Reference to an interest in land
(1)
Subsection (2) applies to the extent that an interest in land is a Crown
interest.
20
(2)
Anything which requires or is permitted to be done by or in relation to
the owner of the interest in land must be done by or in relation to the
appropriate authority.
(3)
An interest in land includes an interest only as occupier of the land.”.
Trees
25
93
Tree preservation orders: Scotland
For section 162 of the Town and Country Planning (Scotland) Act 1997 (Orders
affecting land where Forestry Commissioners interested) there is substituted
the following section—
“162
Tree preservation: Forestry Commissioners
30
(1)
A tree preservation order does not have effect in respect of anything
done—
(a)
by or on behalf of the Forestry Commissioners on land placed at
their disposal in pursuance of the Forestry Act 1967 or
otherwise under their management or supervision:
35
(b)
by or on behalf of any other person in accordance with a plan of
operations or other working plan approved by the Forestry
Commissioners under a forestry dedication agreement (within
the meaning of section 5 of that Act) which is for the time being
in force or under conditions of a grant or loan made under
40
section 1 of the Forestry Act 1979.

Planning and Compulsory Purchase Bill
Part 7 — Crown application of planning Acts
Chapter 2 — Scotland
71

(2)
A reference to a provision of the Forestry Act 1967 or the Forestry Act
1979 includes a reference to a corresponding provision replaced by that
provision or any earlier corresponding provision.”
94
Trees in conservation areas in Scotland: acts of Crown
In the Town and Country Planning (Scotland) Act 1997 (c. 8), after section
5
172(4) (preservation of trees in conservation areas) there are inserted the
following subsections—
“(5)
An emanation of the Crown must not, in relation to a tree to which this
section applies, do an act mentioned in subsection (1) above unless—
(a)
the first condition is satisfied, and
10
(b)
either the second or third condition is satisfied.
(6)
The first condition is that the emanation serves notice of an intention to
do the act (with sufficient particulars to identify the tree) on the
planning authority in whose area the tree is situated.
(7)
The second condition is that the act is done with the consent of the
15
authority.
(8)
The third condition is that the act is done—
(a)
after the end of the period of six weeks starting with the date of
the notice, and
(b)
before the end of the period of two years starting with that
20
date.”.
Miscellaneous
95
Old mining permissions: Scotland
(1)
Subsection (2) applies if—
(a)
an old mining permission relates to land which is Crown land, and
25
(b)
the permission has not been registered in pursuance of Part 2 of
Schedule 8 to the Town and Country Planning (Scotland) Act 1997.
(2)
Paragraph 10 of that Schedule and that Part apply to the old mining permission
subject to the following modifications—
(a)
in sub-paragraph (3) of that paragraph, for “16th May 1991” there is
30
substituted “the date of commencement of section 95(2) of the Planning
and Compulsory Purchase Act 2003”,
(b)
in paragraph 13(3) of that Part, for “24 January 1992” there is
substituted “the date of commencement of section 95(2) of the Planning
and Compulsory Purchase Act 2003”.
35
(3)
“Old mining permission” must be construed in accordance with paragraph 10
and Part 2 of that Schedule.
(4)
“Crown land” must be construed in accordance with Part 12 of the Town and
Country Planning (Scotland) Act 1997.

Planning and Compulsory Purchase Bill
Part 8 — Compulsory purchase
72

96
Subordinate legislation: Scotland
(1)
The Scottish Ministers may by order provide that relevant subordinate
legislation applies to the Crown.
(2)
The order may modify such subordinate legislation to the extent that the
Scottish Ministers think appropriate for the purposes of its application to the
5
Crown.
(3)
Relevant subordinate legislation is an instrument which—
(a)
is made under or (wholly or in part) for the purposes of any of the
Scottish planning Acts,
(b)
is made before the commencement of section 88 of this Act, and
10
(c)
is specified in the order.
Part 8
Compulsory purchase
Acquisition of land for development
97
Compulsory acquisition of land for development etc
15
(1)
Section 226 of the principal Act (compulsory acquisition of land for
development and other planning purposes) is amended as follows.
(2)
In subsection (1)—
(a)
the first “which” is omitted;
(b)
for paragraph (a) there is substituted the following paragraph—
20
“(a)
if the authority think that the acquisition will facilitate
the carrying out of development, re-development or
improvement on or in relation to the land,”;
(c)
in paragraph (b) at the beginning there is inserted “which”.
(3)
After subsection (1) there is inserted the following subsection—
25
“(1A)
But a local authority must not exercise the power under paragraph (a)
of subsection (1) unless they think that the development, re-
development or improvement is likely to contribute to the achievement
of any one or more of the following objects—
(a)
the promotion or improvement of the economic well-being of
30
their area;
(b)
the promotion or improvement of the social well-being of their
area;
(c)
the promotion or improvement of the environmental well-being
of their area.”
35
(4)
Subsection (2) is omitted.
(5)
Nothing in this section affects a compulsory purchase order made before the
commencement of this section.

Planning and Compulsory Purchase Bill
Part 8 — Compulsory purchase
73

Authorisation of compulsory acquisition
98
Procedure for authorisation by authority other than a Minister
(1)
The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.
(2)
In section 6 (service of documents), in subsection (4)—
(a)
after “lessee” in each place there is inserted “, tenant”;
5
(b)
after ““lessee” there is inserted “, “tenant””.
(3)
In section 7 (interpretation), after subsection (2) there is added—
“(3)
But an instrument containing regulations made for the purposes of
section 13A or paragraph 4A of Schedule 1 is subject to annulment in
pursuance of a resolution of either House of Parliament.”
10
(4)
In section 11 (notices in newspapers), after subsection (2) there is added—
“(3)
In addition, the acquiring authority shall affix a notice in the prescribed
form to a conspicuous object or objects on or near the land comprised
in the order.
(4)
The notice under subsection (3) must—
15
(a)
be addressed to persons occupying or having an interest in the
land, and
(b)
set out each of the matters mentioned in subsection (2) (but
reading the reference there to first publication of the notice as a
reference to the day when the notice under subsection (3) is first
20
affixed).”
(5)
In section 12 (notices to owners, lessees and occupiers)—
(a)
in subsection (1), for the words from “owner” to “order” (where it first
appears) there is substituted “qualifying person”;
(b)
for subsection (2) there is substituted—
25
“(2)
A person is a qualifying person, in relation to land comprised in
an order, if—
(a)
he is an owner, lessee, tenant (whatever the tenancy
period) or occupier of the land, or
(b)
he falls within subsection (2A).
30
(2A)
A person falls within this subsection if he is—
(a)
a person to whom the acquiring authority would, if
proceeding under section 5(1) of the Compulsory
Purchase Act 1965, be required to give a notice to treat,
or
35
(b)
a person the acquiring authority thinks is likely to be
entitled to make a relevant claim if the order is
confirmed and the compulsory purchase takes place, so
far as he is known to the acquiring authority after
making diligent inquiry.
40
(2B)
A relevant claim is a claim for compensation under section 10 of
the Compulsory Purchase Act 1965 (compensation for injurious
affection).”
(6)
For section 13 (confirmation of compulsory purchase order) there are

Planning and Compulsory Purchase Bill
Part 8 — Compulsory purchase
74

substituted the following sections—
“13  Confirmation of order: no objections
(1)
The confirming authority may confirm a compulsory purchase order
with or without modifications if it is satisfied—
(a)
that the notice requirements have been complied with, and
5
(b)
that one of the conditions in subsection (2) is satisfied.
(2)
The conditions are—
(a)
no relevant objection is made;
(b)
every relevant objection made is either withdrawn or
disregarded.
10
(3)
The confirming authority may require every person who makes a
relevant objection to state the grounds of the objection in writing.
(4)
If the confirming authority is satisfied that an objection relates
exclusively to matters which can be dealt with by the tribunal by whom
the compensation is to be assessed it may disregard the objection.
15
(5)
The notice requirements are the requirements under sections 11 and 12
to publish, affix and serve notices in connection with the compulsory
purchase order.
(6)
A relevant objection is an objection by a person who is a qualifying
person for the purposes of section 12(2), but if such a person qualifies
20
only by virtue of section 12(2A)(b) and the confirming authority thinks
that he is not likely to be entitled to make a relevant claim his objection
is not a relevant objection.
(7)
Disregarded means disregarded under subsection (4) or under any
other power to disregard a relevant objection contained in the
25
enactment providing for the compulsory purchase.
13A  Confirmation of order: remaining objections
(1)
This section applies to the confirmation of a compulsory purchase
order if a relevant objection is made which is neither—
(a)
withdrawn, nor
30
(b)
disregarded,

(a remaining objection).
(2)
The confirming authority may proceed under the written
representations procedure—
(a)
if the order is not subject to special parliamentary procedure,
35
(b)
in the case of an order to which section 16 applies, if a certificate
has been given under subsection (2) of that section, and
(c)
if every person who has made a remaining objection consents in
the prescribed manner.
(3)
If subsection (2) does not apply or if the confirming authority decides
40
not to proceed under that subsection, it must either—
(a)
cause a public local inquiry to be held, or
(b)
give every person who has made a remaining objection an
opportunity of appearing before and being heard by a person
appointed by the confirming authority for the purpose.
45

Planning and Compulsory Purchase Bill
Part 8 — Compulsory purchase
75

(4)
If a person who has made a remaining objection takes the opportunity
to appear before a person appointed under subsection (3)(b) the
confirming authority must give the acquiring authority and any other
person it thinks appropriate the opportunity to be heard at the same
time.
5
(5)
The confirming authority may confirm the order with or without
modifications if it has considered the objection and either —
(a)
it has followed the written representations procedure, or
(b)
in a case which falls within subsection (3), if an inquiry was held
or a person was appointed under subsection (3)(b), it has
10
considered the report of the person who held the inquiry or who
was so appointed.
(6)
The written representations procedure is such procedure as is
prescribed for the purposes of this section including provision
affording an opportunity to—
15
(a)
every person who has made a remaining objection,
(b)
the acquiring authority, and
(c)
any other person the confirming authority thinks appropriate,

to make written representations as to whether the order should be
confirmed.
20
(7)
Relevant objection and disregarded must be construed in accordance
with section 13.
13B  Written representations procedure: supplementary
(1)
This section applies where the confirming authority decides under
section 13A to follow the written representations procedure.
25
(2)
The confirming authority may make orders as to the costs of the parties
to the written representations procedure, and as to which party must
pay the costs.
(3)
An order under subsection (2) may be made a rule of the High Court on
the application of any party named in the order.
30
(4)
The costs incurred by the confirming authority in connection with the
written representations procedure must be paid by the acquiring
authority, if the confirming authority so directs.
(5)
The confirming authority may certify the amount of its costs, and any
amount so certified and directed to be paid by the acquiring authority
35
is recoverable summarily by the confirming authority as a civil debt.
(6)
Section 42(2) of the Housing and Planning Act 1986 (recovery of
Minister’s costs in connection with inquiries) applies to the written
representations procedure as if the procedure is an inquiry specified in
section 42(1) of that Act.
40
(7)
Regulations under section 13A(6) may make provision as to the giving
of reasons for decisions taken in cases where the written
representations procedure is followed.