(1) An order granting development consent may include provision deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009 (marine licensing) for any activity only if the activity is to be carried out wholly in one or more of the areas specified in subsection (2).
(2) The areas are—
(a) England,
(b) waters adjacent to England up to the seaward limits of the territorial sea,
(c) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions,
(d) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions,
(e) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.
(3) Subsections (4) and (5) apply if an order granting development consent includes provision—
(a) deeming a marine licence to have been granted under Part 4 of the Marine and Coastal Access Act 2009 subject to specified conditions, and
(b) deeming those conditions to have been attached to the marine licence by the Secretary of State or the Welsh Ministers under that Part.
(4) A person who fails to comply with such a condition does not commit an offence under section 161 of this Act.
(5) Sections 68 (notice of applications) and 69(3) and (5) (representations) of the Marine and Coastal Access Act 2009 do not apply in relation to the deemed marine licence.
(1) An order granting development consent may include provision the effect of which is to remove a requirement for a prescribed consent or authorisation to be granted, only if the relevant body has consented to the inclusion of the provision.
(2) “The relevant body” is the person or body which would otherwise be required to grant the prescribed consent or authorisation.
An order granting development consent may not include provision the effect of which is to exclude or modify the application of—
(a) any provision of the Nuclear Installations Act 1965 (c. 57);
(b) section 28 of, and Schedule 2 to, the Reservoirs Act 1975 (c. 23) (liability for damage and injury due to escape of water from a reservoir constructed after 1930);
(c) section 209 of the Water Industry Act 1991 (c. 56) (civil liability of water undertakers for escapes of water from pipes);
(d) section 48A of the Water Resources Act 1991 (c. 57) (civil remedies for loss or damage due to water abstraction).
152 Compensation in case where no right to claim in nuisance
(1) This section applies if, by virtue of section 158 or an order granting development consent, there is a defence of statutory authority in civil or criminal proceedings for nuisance in respect of any authorised works.
(2) “Authorised works” are—
(a) development for which consent is granted by an order granting development consent;
(b) anything else authorised by an order granting development consent.
(3) A person by whom or on whose behalf any authorised works are carried out must pay compensation to any person whose land is injuriously affected by the carrying out of the works.
(4) A dispute as to whether compensation under subsection (3) is payable, or as to the amount of the compensation, must be referred to the Upper Tribunal.
(5) Subsection (2) of section 10 of the Compulsory Purchase Act 1965 (c. 56) (limitation on compensation) applies to subsection (3) of this section as it applies to that section.
(6) Any rule or principle applied to the construction of section 10 of that Act must be applied to the construction of subsection (3) of this section (with any necessary modifications).
(7) Part 1 of the Land Compensation Act 1973 (c. 26) (compensation for depreciation of land value by physical factors caused by use of public works) applies in relation to authorised works as if—
(a) references in that Part to any public works were to any authorised works;
(b) references in that Part to the responsible authority were to the person for whose benefit the order granting development consent has effect for the time being;
(c) sections 1(6) and 17 were omitted.
(8) An order granting development consent may not include provision the effect of which is to remove or modify the application of any of subsections (1) to (7).
154 Duration of order granting development consent
(1) Development for which development consent is granted must be begun before the end of—
(a) the prescribed period, or
(b) such other period (whether longer or shorter than that prescribed) as is specified in the order granting the consent.
(2) If the development is not begun before the end of the period applicable under subsection (1), the order granting development consent ceases to have effect at the end of that period.
(3) Where an order granting development consent authorises the compulsory acquisition of land, steps of a prescribed description must be taken in relation to the compulsory acquisition before the end of—
(a) the prescribed period, or
(b) such other period (whether longer or shorter than that prescribed) as is specified in the order.
(4) If steps of the prescribed description are not taken before the end of the period applicable under subsection (3), the authority to compulsorily acquire the land under the order ceases to have effect.
(1) For the purposes of this Act (except Part 11) development is taken to begin on the earliest date on which any material operation comprised in, or carried out for the purposes of, the development begins to be carried out.
(2) “Material operation” means any operation except an operation of a prescribed description.
(1) If an order granting development consent is made in respect of any land, the order has effect for the benefit of the land and all persons for the time being interested in the land.
(2) Subsection (1) is subject to subsection (3) and any contrary provision made in the order.
(3) To the extent that the development for which development consent is granted is development within section 17(3), the order granting the consent has effect for the benefit of a person for the time being interested in the land only if the person is a gas transporter.
157 Use of buildings in respect of which development consent granted
(1) If development consent is granted for development which includes the erection, extension, alteration or re-erection of a building, the order granting consent may specify the purposes for which the building is authorised to be used.
(2) If no purpose is so specified, the consent is taken to authorise the use of the building for the purpose for which it is designed.
(1) This subsection confers statutory authority for—
(a) carrying out development for which consent is granted by an order granting development consent;
(b) doing anything else authorised by an order granting development consent.
(2) Statutory authority under subsection (1) is conferred only for the purpose of providing a defence in civil or criminal proceedings for nuisance.
(3) Subsections (1) and (2) are subject to any contrary provision made in any particular case by an order granting development consent.
(1) This section applies for the purposes of this Part.
(2) “Land” includes any interest in or right over land.
(3) Acquiring a right over land includes acquiring it by the creation of a new right as well as by the acquisition of an existing one.
(1) A person commits an offence if the person carries out, or causes to be carried out, development for which development consent is required at a time when no development consent is in force in respect of the development.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or
(b) on conviction on indictment, to a fine. on summary conviction, or on conviction on indictment, to a fine
(3) The Secretary of State may by order amend subsection (2)(a) to increase the level of the fine for the time being specified in that provision.
161 Breach of terms of order granting development consent
(1) A person commits an offence if without reasonable excuse the person—
(a) carries out, or causes to be carried out, development in breach of the terms of an order granting development consent, or
(b) otherwise fails to comply with the terms of an order granting development consent.
(2) Subsection (1) is subject to section 149A(4) .
(3) It is a defence for a person charged with an offence under this section to prove that—
(a) the breach or failure to comply occurred only because of an error or omission in the order, and
(b) a correction notice specifying the correction of the error or omission has been issued under paragraph 2 of Schedule 4.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or
(b) on conviction on indictment, to a fine. on summary conviction, or on conviction on indictment, to a fine
(5) The Secretary of State may by order amend subsection (4)(a) to increase the level of the fine for the time being specified in that provision.
(1) A person may not be charged with an offence under section 160 or 161 after the end of—
(a) the relevant 4-year period, or
(b) if subsection (3) applies, the extended period.
(2) The “relevant 4-year period” means—
(a) in the case of an offence under section 160, the period of 4 years beginning with the date on which the development was substantially completed;
(b) in the case of an offence under section 161, the period of 4 years beginning with the later of—
(i) the date on which the development was substantially completed, and
(ii) the date on which the breach or failure to comply occurred.
(3) This subsection applies if during the relevant 4-year period—
(a) an information notice has been served under section 167, or
(b) an injunction has been applied for under section 171.
(4) The “extended period” means the period of 4 years beginning with—
(a) the date of service of the information notice, if subsection (3)(a) applies;
(b) the date of the application for the injunction, if subsection (3)(b) applies;
(c) the later (or latest) of those dates, if both paragraphs (a) and (b) of subsection (3) apply.
(1) This section applies in relation to any land if the relevant local planning authority has reasonable grounds for suspecting that an offence under section 160 or 161 is being, or has been, committed on or in respect of the land.
(2) A person authorised in writing by the relevant local planning authority may at any reasonable hour enter the land for the purpose of ascertaining whether an offence under section 160 or 161 is being, or has been, committed on the land.
(3) A person may enter a building used as a dwelling-house under subsection (2) only if 24 hours' notice of the intended entry has been given to the occupier of the building.
(1) This section applies if it is shown to the satisfaction of a justice of the peace on sworn information in writing—
(a) that there are reasonable grounds for suspecting that an offence under section 160 or 161 is being, or has been, committed on or in respect of any land, and
(b) that the condition in subsection (2) is met.
(2) The condition is that—
(a) admission to the land has been refused, or a refusal is reasonably apprehended, or
(b) the case is one of urgency.
(3) The justice of the peace may issue a warrant authorising any person who is authorised in writing for the purpose by the relevant local planning authority to enter the land.
(4) For the purposes of subsection (2)(a) admission to land is to be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
(5) A warrant authorises entry on one occasion only and that entry must be—
(a) before the end of the period of one month beginning with the date of the issue of the warrant, and
(b) at a reasonable hour, unless the case is one of urgency.
(1) A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 163 or 164 (“a relevant right of entry”)—
(a) must, if so required, produce evidence of the authority and state the purpose of entry before entering the land,
(b) may take on to the land such other persons as may be necessary, and
(c) must, if the person leaves the land at a time when the owner or occupier is not present, leave it as effectively secured against trespassers as it was found.
(2) A person commits an offence if the person wilfully obstructs a person acting in the exercise of a relevant right of entry.
(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) If any damage is caused to land or chattels in the exercise of a relevant right of entry, compensation may be recovered by any person suffering the damage from the local planning authority that authorised the entry.
(5) Except so far as otherwise provided by regulations, any question of disputed compensation under subsection (4) is to be referred to and determined by the Upper Tribunal.
(6) In relation to the determination of any such question, the provisions of section4 of the Land Compensation Act 1961 (c. 33) apply subject to any necessary modifications and to any other prescribed modifications.
(1) This section applies in relation to any land if it appears to the relevant local planning authority that an offence under section 160 or 161 may have been committed on or in respect of the land.
(2) The relevant local planning authority may serve an information notice.
(3) The information notice may be served on any person who—
(a) is the owner or occupier of the land or has any other interest in it, or
(b) is carrying out operations on the land or is using it for any purpose.
(4) The information notice may require the person on whom it is served to give such of the following information as may be specified in the notice—
(a) information about any operations being carried out in, on, over or under the land, any use of the land and any other activities being carried out in, on, over or under the land, and
(b) information about the provisions of any order granting development consent for development of the land.
(5) An information notice must inform the person on whom it is served of the likely consequences of a failure to respond to the notice.
(6) A requirement of an information notice is complied with by giving the required information to the relevant local planning authority in writing.
(1) A person commits an offence if without reasonable excuse the person fails to comply with any requirement of an information notice served under section 167 before the end of the period mentioned in subsection (2).
(2) The period referred to in subsection (1) is the period of 21 days beginning with the day on which the information notice is served.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) A person commits an offence if the person—
(a) makes any statement purporting to comply with a requirement of an information notice which he knows to be false or misleading in a material respect, or
(b) recklessly makes such a statement which is false or misleading in a material respect.
(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) Subsection (2) applies if a person is found guilty of an offence under section 160 committed on or in respect of any land.
(2) The relevant local planning authority may serve a notice of unauthorised development on the person requiring such steps as may be specified in the notice to be taken—
(a) to remove the development, and
(b) to restore the land on which the development has been carried out to its condition before the development was carried out.
(3) Subsection (4) applies if a person is found guilty of an offence under section 161 committed on or in respect of any land.
(4) The relevant local planning authority may serve a notice of unauthorised development on the person requiring the person to remedy the breach or failure to comply.
(5) A notice of unauthorised development—
(a) must specify the period within which any steps are required to be taken, and
(b) may specify different periods for different steps.
(6) Where different periods apply to different steps, references in this Part to the period for compliance with a notice of unauthorised development, in relation to any step, are to the period within which the step is required to be taken.
(7) A notice of unauthorised development must specify such additional matters as may be prescribed.
170 Execution of works required by notice of unauthorised development
(1) If any of the steps specified in a notice of unauthorised development have not been taken before the end of the period for compliance with the notice, the relevant local planning authority may—
(a) enter the land on which the development has been carried out and take those steps, and
(b) recover from the person who is then the owner of the land any expenses reasonably incurred by it in doing so.
(2) Where a notice of unauthorised development has been served in respect of development—
(a) any expenses incurred by the owner or occupier of the land for the purposes of complying with it, and
(b) any sums paid by the owner of the land under subsection (1) in respect of expenses incurred by the relevant local planning authority in taking steps required by it,
are to be deemed to be incurred or paid for the use and at the request of the person found guilty of the offence under section 160 or 161.
(3) Regulations may provide that all or any of the following sections of the Public Health Act 1936 (c. 49) are to apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by a notice of unauthorised development—
section 276 (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);
section 289 (power to require the occupier of any premises to permit works to be executed by the owner of the premises);
section 294 (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act).
(4) Regulations under subsection (3) applying all or any of section 289 of that Act may include adaptations and modifications for the purpose of giving the owner of land to which such a notice relates the right, as against all other persons interested in the land, to comply with the requirements of the notice.
(5) Regulations under subsection (3) may also provide for the charging on the land on which the development is carried out of any expenses recoverable by the relevant local planning authority under subsection (1).
(6) A person commits an offence if the person wilfully obstructs a person acting in the exercise of powers under subsection (1).
(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) A local planning authority may apply to the court for an injunction if it considers it necessary or expedient for any actual or apprehended prohibited activity to be restrained by injunction.
(2) Prohibited activity means activity that constitutes an offence under section 160 or 161 in relation to land in the area of the local planning authority.
(3) On an application under this section the court may grant such an injunction as the court thinks fit for the purpose of restraining the prohibited activity.
(4) In this section “the court” means the High Court or the county court.
(1) The Secretary of State may by order provide for the exercise by the Council of the Isles of Scilly in relation to land in the Council's area of any functions exercisable by a local planning authority under any provision of this Part.
(2) Before making an order under this section the Secretary of State must consult the Council of the Isles of Scilly.
(1) This section applies for the purposes of this Part.
(2) The relevant local planning authority in relation to any land is the local planning authority for the area in which the land is situated.
This is subject to subsections (3) to (5).
(3) Subsections (4) and (5) apply if the land is in an area for which there is both a district planning authority and a county planning authority.
(4) If any of the relevant development is the construction or alteration of a hazardous waste facility within section 14(1)(p), the relevant local planning authority is the county planning authority.
(5) In any other case, the relevant local planning authority is the district planning authority.
(6) “The relevant development” is—
(a) if the relevant offence is an offence under section 160 or 161(1)(a), the development referred to in section 160(1) or 161(1)(a);
(b) if the relevant offence is an offence under section 161(1)(b), the development to which the order granting development consent mentioned in section 161(1)(b) relates.
(7) “The relevant offence” is the offence by reference to which a provision of this Part confers a function on a local planning authority.
(1) TCPA 1990 is amended as follows.
(2) In section 106 (planning obligations)—
(a) after subsection (1) insert—
(1A) In the case of a development consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Planning Act 2008.
;
(b) in subsection (9) after paragraph (a) insert—
(aa) if the obligation is a development consent obligation, contains a statement to that effect;
;
(c) after subsection (13) insert—
(14) In this section and section 106A “development consent obligation” means a planning obligation entered into in connection with an application (or a proposed application) for an order granting development consent.
(3) In section 106A(11) (modification and discharge of planning obligations: meaning of “the appropriate authority”) after paragraph (a) insert—
(aa) the Secretary of State, in the case of any development consent obligation where the application in connection with which the obligation was entered into was (or is to be) decided by the Secretary of State;
(ab) the Infrastructure Planning Commission, in the case of any other development consent obligation;
.
(4) In section 106B(1) (appeals) after “an authority” insert “ (other than the Secretary of State or the Infrastructure Planning Commission) ”.
(5) After section 106B insert—
Legal challenges relating to development consent obligations
106C (1) A court may entertain proceedings for questioning a failure by the Secretary of State or the Infrastructure Planning Commission to give notice as mentioned in section 106A(7) only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of 6 weeks beginning with the day on which the period prescribed under section 106A(7) ends.
(2) A court may entertain proceedings for questioning a determination by the Secretary of State or the Infrastructure Planning Commission that a planning obligation shall continue to have effect without modification only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of 6 weeks beginning with the day on which notice of the determination is given under section 106A(7).
(1) TCPA 1990 is amended as follows.
(2) In Schedule 13 (blighted land) after paragraph 23 insert—
24 Land falls within this paragraph if—
(a) the compulsory acquisition of the land is authorised by an order granting development consent, or
(b) the land falls within the limits of deviation within which powers of compulsory acquisition conferred by an order granting development consent are exercisable, or
(c) an application for an order granting development consent seeks authority to compulsorily acquire the land.
Land identified in national policy statements
25 Land falls within this paragraph if the land is in a location identified in a national policy statement as suitable (or potentially suitable) for a specified description of development.
Note
Land ceases to fall within this paragraph when the national policy statement—
(a) ceases to have effect, or
(b) ceases to identify the land as suitable or potentially suitable for that description of development.
(3) In section 150(1)(b) (notices requiring purchase of blighted land)—
(a) for “21 or” insert “ 21, ”,
(b) after “notes)” insert “ or paragraph 24 ”, and
(c) after “Schedule 13 and” insert “ (except in the case of land falling within paragraph 24(c) of that Schedule) ”.
(4) In section 151 (counter-notices objecting to blight notices) after subsection (7) insert—
(7A) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 25 of Schedule 13 do not include those mentioned in subsection (4)(b).
(5) After section 165 (power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served) insert—
Power of Secretary of State to acquire land identified in national policy statements where blight notice served
165A Where a blight notice has been served in respect of land falling within paragraph 25 of Schedule 13, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.
(6) In section 169 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 6) after subsection (5) insert—
(6) In relation to land falling within paragraph 25 of Schedule 13, “the appropriate authority” is—
(a) if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker;
(b) in any other case, the Secretary of State.
(7) If any question arises by virtue of subsection (6)—
(a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or
(b) which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes,
that question shall be referred to the Secretary of State, whose decision shall be final.
(8) In subsections (6) and (7) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11.
(7) In section 170 (“appropriate enactment” for purposes of Chapter 2) after subsection (8) insert—
(8A) In relation to land falling within paragraph 24(a) or (b) of that Schedule, “the appropriate enactment” is the order granting development consent.
(8B) In relation to land falling within paragraph 24(c) of that Schedule, “the appropriate enactment” is an order in the terms of the order applied for.
(8C) In relation to land falling within paragraph 25 of that Schedule, “the appropriate enactment” is section 165A.
(8) In section 171(1) (general interpretation of Chapter 2 of Part 6) at the appropriate place insert—
“national policy statement” has the meaning given by section 5(2) of the Planning Act 2008;
.
(1) The Town and Country Planning (Scotland) Act 1997 (c. 8) is amended as follows.
(2) In Schedule 14 (blighted land) after paragraph 16 insert—
17 (1) This paragraph applies to land which relates to the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—
(a) one end of which is in England or Wales, and
(b) the other end of which is in Scotland,
where one of the following conditions is met.
(2) The conditions are—
(a) the compulsory acquisition of the land is authorised by an order granting development consent under the Planning Act 2008,
(b) the land falls within the limits of deviation within which powers of compulsory acquisition conferred by such an order are exercisable,
(c) an application for such an order seeks authority to compulsorily acquire the land.
Land identified in national policy statements so far as relating to certain pipe-lines
18 This paragraph applies to land which is in a location identified in a national policy statement as suitable (or potentially suitable) for the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—
(a) one end of which is in England or Wales, and
(b) the other end of which is in Scotland.
Note
Land ceases to be within this paragraph when the national policy statement—
(a) ceases to have effect, or
(b) ceases to identify the land as suitable or potentially suitable for the construction of such a pipe-line.
(3) In section 100 (scope of Chapter 2 of Part 5) after subsection (5) insert—
(5A) In the application of subsections (3)(a) and (4) in relation to land to which paragraph 17 or 18 of Schedule 14 applies, references to the Scottish Ministers are to be read as references to the Secretary of State.
(4) In section 101(1)(b) (notices requiring purchase of blighted land)—
(a) for “or 15” substitute “ , 15 or 17 ”, and
(b) after “Schedule 14 and” insert “ (except in the case of land falling within paragraph 17 by virtue of paragraph 17(2)(c)) ”.
(5) In section 102 (counter-notices objecting to blight notices) after subsection (7) insert—
(7A) An objection may not be made on the ground mentioned in paragraph (b) of subsection (4) in a counter-notice to a blight notice served by virtue of paragraph 18 of Schedule 14.
(6) After section 116 insert—
Power of Secretary of State to acquire land identified in national policy statements where blight notice served
116A Where a blight notice has been served in respect of land falling within paragraph 18 of Schedule 14, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.
(7) In section 120 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 5) after subsection (4) insert—
(5) In relation to land falling within paragraph 18 of Schedule 14, “the appropriate authority” is—
(a) if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker;
(b) in any other case, the Secretary of State.
(6) If any question arises by virtue of subsection (5)—
(a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or
(b) which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes,
that question shall be referred to the Secretary of State, whose decision shall be final.
(7) In subsections (5) and (6) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 10.
(8) In section 121 (“appropriate enactment” for purposes of Chapter 2) after subsection (7) insert—
(7A) In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(a) or (b), “the appropriate enactment” means the order granting development consent.
(7B) In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(c), “the appropriate enactment” means an order in the terms of the order applied for.
(7C) In relation to land falling within paragraph 18 of that Schedule, “the appropriate enactment” means section 116A.
(9) In section 122 (general interpretation of Chapter 2 of Part 5)—
(a) after the definition of “crofter” insert—
“cross-country pipe-line” has the meaning given by section 66 of the Pipe-lines Act 1962 (c. 58);
“gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (see section 7(1) of that Act);
, and
(b) after the definition of “hereditament” insert—
“national policy statement” has the meaning given by section 5(2) of the Planning Act 2008;
.
177 Grants for advice and assistance: England and Wales
In section 304A(1) of TCPA 1990 (grants for assisting the provision of advice and assistance in connection with planning matters), after paragraph (b) insert—
(ba) the Planning Act 2008;
.
(1) The Secretary of State may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to the application of this Act to Scotland.
(2) The Secretary of State may, as respects any such grant, provide that it is to be subject to such terms and conditions as the Secretary of State thinks appropriate.
(1) PCPA 2004 is amended as follows.
(2) In section 15(2) (matters which must be specified in local development scheme)—
(a) omit paragraph (a);
(b) before paragraph (b) insert—
(aa) the local development documents which are to be development plan documents;
;
(c) in paragraph (b) for “document” substitute “ development plan document ”;
(d) omit paragraph (c);
(e) in paragraphs (d) and (f) for “documents” substitute “ development plan documents ”.
(3) In section 17 (local development documents)—
(a) omit subsections (1) and (2);
(b) in subsection (3) for “The local development documents” substitute “ The local planning authority's local development documents ”;
(c) in subsection (4) for the words before “in relation to development which is a county matter” substitute “ Where a county council is required to prepare a minerals and waste development scheme in respect of an area, the council's local development documents must (taken as a whole) set out the council's policies (however expressed) for that area ”;
(d) in subsection (7), before paragraph (a) insert—
(za) which descriptions of documents are, or if prepared are, to be prepared as local development documents;
.
(4) In section 18 (statements of community involvement)—
(a) for subsection (3) substitute—
(3) For the purposes of this Part (except sections 19(2) and 24) the statement of community involvement is a local development document.
This is subject to section 17(8).
;
(b) after subsection (3) insert—
(3A) The statement of community involvement must not be specified as a development plan document in the local development scheme.
;
(c) omit subsections (4) to (6).
(5) In section 19 (preparation of local development documents)—
(a) in subsection (1) for “Local development documents” substitute “ Development plan documents ”;
(b) in subsection (2) after “In preparing a” insert “ development plan document or any other ”;
(c) in subsection (3) for “other local development documents” substitute “ local development documents (other than their statement of community involvement) ”;
(d) in subsection (5) for “document” substitute “ development plan document ”.
(6) In section 37 (interpretation of Part 2)—
(a) in subsection (2) for “section 17” substitute “ sections 17 and 18(3) ”;
(b) for subsection (3) substitute—
(3) A development plan document is a local development document which is specified as a development plan document in the local development scheme.
(7) In section 38 (development plan) after subsection (8) insert—
(9) Development plan document must be construed in accordance with section 37(3).
182 Development plan documents: climate change policies
In section 19 of PCPA 2004 (preparation of local development documents) after subsection (1) insert—
(1A) Development plan documents must (taken as a whole) include policies designed to secure that the development and use of land in the local planning authority's area contribute to the mitigation of, and adaptation to, climate change.
In section 39 of PCPA 2004 (sustainable development) after subsection (2) insert—
(2A) For the purposes of subsection (2) the person or body must (in particular) have regard to the desirability of achieving good design.
In section 56(3)(c) of PCPA 2004 (appropriate consent required for correction of errors) at the beginning insert “ in a case where the decision document relates to the exercise of a function in relation to Wales, ”.
185 Power of High Court to remit strategies, plans and documents
In section 113 of PCPA 2004 (validity of strategies, plans and documents) for subsection (7) substitute—
(7) The High Court may—
(a) quash the relevant document;
(b) remit the relevant document to a person or body with a function relating to its preparation, publication, adoption or approval.
(7A) If the High Court remits the relevant document under subsection (7)(b) it may give directions as to the action to be taken in relation to the document.
(7B) Directions under subsection (7A) may in particular—
(a) require the relevant document to be treated (generally or for specified purposes) as not having been approved or adopted;
(b) require specified steps in the process that has resulted in the approval or adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken;
(c) require action to be taken by a person or body with a function relating to the preparation, publication, adoption or approval of the document (whether or not the person or body to which the document is remitted);
(d) require action to be taken by one person or body to depend on what action has been taken by another person or body.
(7C) The High Court's powers under subsections (7) and (7A) are exercisable in relation to the relevant document—
(a) wholly or in part;
(b) generally or as it affects the property of the applicant.
188 Local development orders: removal of requirement to implement policies
(1) Section 61A of TCPA 1990 (local development orders) is amended as set out in subsections (2) and (3).
(2) Omit subsection (1) (requirement to implement policies).
(3) In subsection (2) for “A local development order may” substitute “ A local planning authority may by order (a local development order) ”.
(4) In paragraph 2 of Schedule 4A to TCPA 1990 (revision of local development orders) omit sub-paragraphs (4) and (5).
189 Compensation where development order or local development order withdrawn
(1) Section 108 of TCPA 1990 (compensation for refusal or conditional grant of planning permission formerly granted by development order or local development order) is amended as follows.
(2) After subsection (2) insert—
(2A) Where—
(a) planning permission granted by a development order for development in England of a prescribed description is withdrawn by the issue of directions under powers conferred by the order, or
(b) planning permission granted by a local development order for development in England is withdrawn by the issue of directions under powers conferred by the order,
this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the directions took effect.
(3) After subsection (3A) insert—
(3B) This section does not apply if—
(a) in the case of planning permission granted by a development order, the condition in subsection (3C) is met;
(b) in the case of planning permission granted by a local development order, the condition in subsection (3D) is met.
(3C) The condition referred to in subsection (3B)(a) is that—
(a) the planning permission is granted for development in England of a prescribed description,
(b) the planning permission is withdrawn in the prescribed manner,
(c) notice of the withdrawal was published in the prescribed manner not less than 12 months or more than the prescribed period before the withdrawal took effect, and
(d) either—
(i) the development authorised by the development order had not started before the notice was published, or
(ii) the development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.
(3D) The condition referred to in subsection (3B)(b) is that—
(a) the planning permission is granted for development in England,
(b) the planning permission is withdrawn by the revocation or amendment of the local development order, or by the issue of directions under powers conferred by the local development order,
(c) notice of the revocation, amendment or directions was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation, amendment or directions (as the case may be) took effect, and
(d) either—
(i) the development authorised by the local development order had not started before the notice was published, or
(ii) the local development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.
(4) After subsection (4) insert—
(5) Regulations under this section prescribing a description of development may (in particular) do so by reference to one or more classes or descriptions of development specified in a development order.
(6) In this section “prescribed” means prescribed by regulations made by the Secretary of State.