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 9 — Miscellaneous and general
98

112
Isles of Scilly
(1)
This Act applies to the Isles of Scilly subject to such exceptions, adaptations and
modifications as the Secretary of State may by order direct.
(2)
An order may in particular provide for—
(a)
the Council of the Isles of Scilly to enter into arrangements in pursuance
5
of section 4;
(b)
the exercise by the Council of the Isles of Scilly of any function
exercisable by a local planning authority under Part 2.
(3)
But an order must not be made under this section unless the Secretary of State
has consulted the Council of the Isles of Scilly.
10
113
Interpretation
(1)
Expressions used in this Act and in the principal Act have the same meaning
in this Act as in that Act.
(2)
Expressions used in this Act and in the listed buildings Act have the same
meaning in this Act as in that Act.
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(3)
Expressions used in this Act and in the hazardous substances Act have the
same meaning in this Act as in that Act.
(4)
The planning Acts are—
(a)
the principal Act;
(b)
the listed buildings Act;
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(c)
the hazardous substances Act;
(d)
the Planning (Consequential Provisions) Act 1990 (c. 11).
(5)
The principal Act is the Town and Country Planning Act 1990 (c. 8).
(6)
The listed buildings Act is the Planning (Listed Buildings and Conservation
Areas) Act 1990 (c. 9).
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(7)
The hazardous substances Act is the Planning (Hazardous Substances) Act
1990 (c. 10).
(8)
The Scottish planning Acts are—
(a)
the Town and Country Planning (Scotland) Act 1997 (c. 8);
(b)
the Planning (Listed Buildings and Conservation Areas) (Scotland) Act
30
1997 (c. 9);
(c)
the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10); and
(d)
the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11).
General
114
Amendments
35
(1)
Schedule 6 contains amendments of the planning Acts.
(2)
Schedule 7 contains amendments of other enactments.
(3)
A reference in Schedule 1 to the National Assembly for Wales (Transfer of
Functions) Order 1999 to an enactment amended by this Act must be taken to
be a reference to the enactment as so amended.
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Planning and Compulsory Purchase Bill
Part 9 — Miscellaneous and general
99

(4)
But subsection (3) does not affect such an enactment to the extent that the
amendment makes express provision in connection with the exercise of a
function in relation to Wales.
115
Transitionals
(1)
Schedule 8 contains transitional provisions relating to Parts 1 and 2.
5
(2)
The Scottish Ministers may by order make such transitional provision for
Scotland, corresponding to the provisions of Schedule 4 and to section 30B of
the hazardous substances Act (inserted by section 77(3)) as they consider
necessary or expedient.
116
Repeals
10
Schedule 9 contains repeals.
117
Commencement
(1)
The preceding provisions of this Act (except section 111 and the provisions
specified in subsections (3) and (4)) come into force on such day as the
Secretary of State may by order appoint.
15
(2)
But the Secretary of State must not make an order which relates to any of the
following provisions unless he first consults the National Assembly for
Wales—
(a)
Part 3;
(b)
Part 4, except sections 44 and 53;
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(c)
Part 5;
(d)
Part 8;
(e)
in this Part sections 109, 110, 113, 114 and 116;
(f)
Schedules 6, 7 and 9.
(3)
Part 6 comes into force in accordance with provision made by the National
25
Assembly for Wales by order.
(4)
In Schedule 7, paragraph 10(7) comes into force at the end of the period of two
months starting on the day this Act is passed.
118
Regulations and orders
(1)
A power to prescribe is (unless express provision is made to the contrary) a
30
power to prescribe by regulations exercisable—
(a)
by the Secretary of State in relation to England;
(b)
by the National Assembly for Wales in relation to Wales.
(2)
References in this section to subordinate legislation are to any order or
regulations under this Act.
35
(3)
Subordinate legislation—
(a)
may make different provision for different purposes;
(b)
may include such supplementary, incidental, consequential, saving or
transitional provisions (including provision amending, repealing or
revoking enactments) as the person making the subordinate legislation
40
thinks necessary or expedient.

Planning and Compulsory Purchase Bill
Part 9 — Miscellaneous and general
100

(4)
A power to make subordinate legislation must be exercised by statutory
instrument.
(5)
A statutory instrument is subject to annulment in pursuance of a resolution of
either House of Parliament unless it contains—
(a)
regulations made by the Secretary of State under section 46;
5
(b)
an order under section 112(1) or 115(2);
(c)
an order under section 117 to which subsection (8) applies;
(d)
subordinate legislation made by the National Assembly for Wales.
(6)
A statutory instrument containing regulations made by the Secretary of State
under section 46 must not be made unless a draft of the regulations has been
10
laid before and approved by resolution of each House of Parliament.
(7)
A statutory instrument containing an order under section 115(2) is subject to
annulment in pursuance of a resolution of the Scottish Parliament.
(8)
This subsection applies to an order which does not contain provision
amending or repealing an enactment contained in an Act.
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119
Finance
(1)
There is to be paid out of money provided by Parliament—
(a)
any expenses of the Secretary of State in making grants in connection
with the provision of advice and assistance in relation to the planning
Acts;
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(b)
any increase attributable to this Act in the sums payable out of money
so provided under any other enactment.
(2)
There is to be paid into the Consolidated Fund any increase attributable to this
Act in the sums so payable under any other enactment.
120
Extent
25
(1)
Except as otherwise provided in this section, this Act extends to England and
Wales only.
(2)
Sections 114(2) and 116, this section, section 121 and Schedules 7 and 9 extend
also to Scotland.
(3)
Sections 88 to 96, 113(8), 115(2) and Schedule 5 extend to Scotland only.
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(4)
The extent of any amendment, repeal or revocation made by this Act is the
same as that of the enactment amended, repealed or revoked.
121
Short Title
This Act may be cited as the Planning and Compulsory Purchase Act 2003.

Planning and Compulsory Purchase Bill
Schedule 1 — Local development orders: procedure
101

Schedules
Schedule 1
Section 39

Local development orders: procedure

In the principal Act after Schedule 4 (special provision as to land use in 1948)
there is inserted the following Schedule—
5
“Schedule 4A
Local development orders: procedure
Preparation
1     (1)
A local development order must be prepared in accordance with
such procedure as is prescribed by a development order.
10
      (2)
A development order may include provision as to—
(a)
the preparation, submission, approval, adoption, revision
and withdrawal of a local development order;
(b)
notice, publicity, and inspection by the public;
(c)
consultation with and consideration of views of such
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persons and for such purposes as are prescribed;
(d)
the making and consideration of representations.
      (3)
Regulations under this paragraph may include provision as to the
matters relating to a local development order to be included in the
report to be made by a local planning authority under section 34
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or 74 of the Planning and Compulsory Purchase Act 2003.
Revision
2     (1)
The local planning authority may at any time prepare a revision of
a local development order.
      (2)
An authority in England must prepare a revision of a local
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development order—
(a)
if the Secretary of State directs them to do so, and
(b)
in accordance with such timetable as he directs.
      (3)
An authority in Wales must prepare a revision of a local
development order—
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(a)
if the National Assembly for Wales directs them to do so,
and
(b)
in accordance with such timetable as it directs.
      (4)
If a development plan document mentioned in section 61A(1) is
revised under section 25 of the Planning and Compulsory
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Planning and Compulsory Purchase Bill
Schedule 2 — Timetable for decisions
102

Purchase Act 2003 (revision of local planning documents) or
revoked under section 24 of that Act (revocation by Secretary of
State) a local development order made to implement the policies
in the document must be revised accordingly.
      (5)
If a local development plan mentioned in section 61A(1) is revised
5
under section 68 of the Planning and Compulsory Purchase Act
2003 (revision of local development plan) or revoked under
section 66 of that Act (revocation by National Assembly for Wales)
a local development order made to implement the policies in the
plan must be revised accordingly.
10
      (6)
This Schedule applies to the revision of a local development order
as it applies to the preparation of the order.
Order to be adopted
3
A local development order is of no effect unless it is adopted by
resolution of the local planning authority.
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Annual report
4     (1)
The report made under section 34 of the Planning and
Compulsory Purchase Act 2003 must include a report as to the
extent to which the local development order is achieving its
purposes.
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      (2)
The Secretary of State may prescribe the form and content of the
report as it relates to the local development order.”
5     (1)
The report made under section 74 of the Planning and
Compulsory Purchase Act 2003 must include a report as to the
extent to which the local development order is achieving its
25
purposes.
      (2)
The National Assembly for Wales may prescribe the form and
content of the report as it relates to the local development order.”
Schedule 2
Section 53

Timetable for decisions
30
Decisions
1
This Schedule applies to any decision which must be taken by the Secretary
of State under—
(a)
section 77 of the principal Act (reference of applications to Secretary
of State);
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(b)
section 78 of the principal Act (right to appeal against planning
decisions).
2     (1)
This Schedule also applies to a decision not mentioned in paragraph 1 if each
of the following two conditions applies.
      (2)
The first condition is that the Secretary of State thinks the decision is
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connected with a decision mentioned in paragraph 1.

Planning and Compulsory Purchase Bill
Schedule 2 — Timetable for decisions
103

      (3)
The second condition is that—
(a)
the Secretary of State is required by virtue of any enactment to take
the decision, or
(b)
(in any case to which paragraph (a) does not apply) the Secretary of
State by virtue of a power under any enactment directs that the
5
decision must be referred to him.
3
But the Secretary of State may by order specify decisions or descriptions of
decisions to which a timetable is not to apply.
Timetable
4     (1)
The Secretary of State must make one or more timetables for the purposes of
10
decisions to which this Schedule applies.
      (2)
A timetable may make different provision for different decisions or different
descriptions of decision.
      (3)
A timetable—
(a)
has effect from such time as the Secretary of State determines;
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(b)
must set out the time within which the decision must be taken;
(c)
may set out the time within which any other step to be taken for the
purposes of the decision must be taken.
      (4)
A timetable made under this paragraph must be published in such form and
manner as the Secretary of State thinks appropriate.
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Notice
5     (1)
The Secretary of State must notify the following persons as soon as
practicable of the published timetable which applies to a decision—
(a)
the applicant or appellant (as the case may be) in relation to the
decision;
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(b)
the local planning authority for the area to which the decision relates;
(c)
any other person who requests such notification.
      (2)
But the Secretary of State may direct that the timetable is subject to such
variation as he specifies in the notice under sub-paragraph (1).
      (3)
If the Secretary of State acts under sub-paragraph (2) the notice under sub-
30
paragraph (1) must also specify the reasons for the variation.
      (4)
The timetable notified under this paragraph is the applicable timetable.
Variation
6     (1)
This paragraph applies if before the time at which any step must be taken in
accordance with the applicable timetable the Secretary of State thinks that
35
there are circumstances which are likely to prevent the taking of the step at
that time.
      (2)
The Secretary of State may vary the applicable timetable accordingly.
      (3)
If the Secretary of State varies the applicable timetable under sub-paragraph
(2) he must notify the persons mentioned in paragraph 5(1) of the variation
40
and the reason for it.

Planning and Compulsory Purchase Bill
Schedule 3 — Crown application
104

Written reasons
7
If the Secretary of State fails to take any step in accordance with the
applicable timetable (or that timetable as varied under paragraph 6) he must
give written reasons to the persons mentioned in paragraph 5(1).
Annual report
5
8     (1)
The Secretary of State must lay before Parliament a report in respect of each
year which—
(a)
reviews his performance under the provisions of this Schedule;
(b)
explains any failure to comply with a timetable.
      (2)
The report must be published in such form and manner as the Secretary of
10
State thinks appropriate.
Schedule 3
Section 77

Crown application
Purchase notices
1
After section 137 of the principal Act (circumstances in which a purchase
15
notice may be served) there is inserted the following section—
“137A  Purchase notices: Crown land
(1)
A purchase notice may be served in respect of Crown land only as
mentioned in this section.
(2)
The owner of a private interest in Crown land must not serve a
20
purchase notice unless—
(a)
he first offers to dispose of his interest to the appropriate
authority on equivalent terms, and
(b)
the offer is refused by the appropriate authority.
(3)
The appropriate authority may serve a purchase notice in relation to
25
the following land—
(a)
land belonging to Her Majesty in right of Her private estates;
(b)
land belonging to Her Majesty in right of the Duchy of
Lancaster;
(c)
land belonging to the Duchy of Cornwall;
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(d)
land which forms part of the Crown Estate.
(4)
An offer is made on equivalent terms if the price payable for the
interest is equal to (and, in default of agreement, determined in the
same manner as) the compensation which would be payable in
respect of it if it were acquired in pursuance of a purchase notice.
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(5)
Expressions used in this section and in Part 13 must be construed in
accordance with that Part.”
2
After section 32 of the listed buildings Act (circumstances in which a