Legalize / United Kingdom / Public General Act

Housing and Planning Act 1986

Type Public General Act

Publication 2013-10-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

In sub-paragraph (1)(xxiv) of paragraph 2 of Schedule 7 to the Gas Act 1986 (enactments for the purposes of which a public gas supplier is deemed to be a statutory undertaker and his undertaking a statutory undertaking)—

(a) after " sections " there shall be inserted " 1B, " ; and

(b) after " 49," there shall be inserted " 58F, ".

Part II

Radioactive Substances Act 1960 (c.34)

1

The following paragraph shall be inserted after the entry relating to the Sewerage (Scotland) Act 1968 in Part II of the first Schedule to the Radioactive Substances Act 1960 (duty of public and local authorities not to take account of any radioactivity in performing their functions)—

(17A) Sections 56A to 56N and 97B of the Town and Country Planning (Scotland) Act 1972.

Town and Country Planning (Scotland) Act 1972 (c.52)

2

In subsection (3) (action on the part of the Secretary of State that may be questioned in legal proceedings) of section 231 of the Town and Country Planning (Scotland) Act 1972, the following paragraph shall be inserted after paragraph (d)—

(dd) any decision by the Secretary of State relating to an application for hazardous substances consent;

3

In subsection (2)(a) of section 253 of that Act (orders which, in relation to Crown land, may only be made with consent of appropriate authority)—

(a) after " 49B " there shall be inserted " 56J " ; and

(b) for " or 92 " there shall be substituted " 92 or 97B ".

4

The following section shall be inserted after section 257 of that Act—

(257A) (1) The provisions of this Act relating to hazardous substances shall have effect subject to such exceptions and modifications as may be prescribed in relation to hazardous substances consent for planning authorities. (2) Subject to the provisions of section 56G of this Act, any such regulations may in particular provide for securing— (a) that any application by such an authority for hazardous substances consent in respect of the presence of a hazardous substance on, over or under such land shall be made to the Secretary of State and not to the planning authority ; (b) that any order or notice authorised to be made, issued or served under those provisions shall be made, issued or served by the Secretary of State and not by the planning authority.

5

In section 265 of that Act (rights of entry)— (a) the following subsection shall be inserted after subsection (1)

(1A) Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with— (a) any application for hazardous substances consent ; (b) any proposal to issue a hazardous substances contravention notice.

;

(b) the following subsection shall be inserted after subsection (4)—

(4A) Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 56L of this Act.

; and

(7A) Any person duly authorised in writing by the Secretary of State or a planning authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice has been served for the purpose of ascertaining whether the notice has been complied with.

6

In section 275(1) of that Act (interpretation)—

(a) the following shall be inserted after the definition of " conservation area " —

"contravention of hazardous substances control" has the meaning assigned to it by section 56L(2) of this Act;

;

(b) the following shall be inserted after the definition of " government department " —

" hazardous substances consent" means consent required by section 56C of this Act;

"hazardous substances contravention notice" has the meaning assigned to it by section 97B(3) of this Act;

; and

" urban development area " and " urban development corporation " have the same meaning as in Part XVI of the Local Government, Planning and Land Act 1980 ;

Town and Country Planning Act 1984 (c.10)

7

In section 1 of the Town and Country Planning Act 1984 (applications in anticipation of disposal of Crown interests)—

(a) in subsection (1)(a), after the words " listed building consent" there shall be inserted the words " , hazardous substances consent "; and

(b) the following subsection shall be inserted after subsection (3) —

(3A) Any hazardous substances consent granted by virtue of this section shall apply only— (a) to the presence of the substance to which the consent relates after the land in question has ceased to be Crown land ; and (b) so long as that land continues to be Crown land to the presence of the substance by virtue of a private interest in the land.

Gas Act 1986 (c.44)

8

In sub-paragraph (1)(xxv) of paragraph 2 of Schedule 7 to the Gas Act 1986 after " 46 ", there shall be inserted " 56B, 56G, ".

SCHEDULE 8

Part I — The 1958 Act

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

(1) In section 4(1), for the words “the land comprised in an authorisation under section 1 of this Act” there shall be substituted the words “any land on which they desire to work coal by such operations or to carry out operations incidental to such working”.

(2) The following subsections shall be substituted for section 4(6)—

(6) A compulsory rights order may only be made if opencast planning permission has been applied for or granted in respect of the land comprised in the order or is deemed to have been granted in respect of it. (6A) Where a compulsory rights order is made before opencast planning permission has been granted in respect of the land comprised in the order, the Secretary of State shall not confirm it unless such permission in respect of that land has first been granted. (6B) Where a compulsory rights order is made in a case where opencast planning permission has been granted or is deemed to have been granted, the order, as from the time when it is made, shall include a reference to the permission. (6C) If opencast planning permission is granted in respect of land comprised in a compulsory rights order and the Secretary of State subsequently confirms the order, the order as confirmed shall include a reference to the permission. (6D) No compulsory rights order, as confirmed, shall extend to any land which is not comprised in the permission or deemed permission referred to in the order.

3

In section 5(5)—

(a) for the word “authorisation” there shall be substituted the words “opencast planning permission”; and

(b) for the words “fulfilment of the authorised purposes” there shall be substituted the words “permitted activities.”

4

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5

The following sections shall be substituted for section 14—

(14) (1) Without prejudice to the provisions of Part III of this Act as to matters arising between landlords and tenants in consequence of compulsory rights orders, the provisions of this section shall have effect where— (a) opencast planning permission has been granted subject to a restoration condition and to an aftercare condition in which the use specified is use for agriculture or use for forestry, and (b) immediately before that permission is granted, any of the land comprised therein consists of an agricultural holding or part of an agricultural holding, whether any of that land is comprised in a compulsory rights order or not. (2) For the purposes of the Agricultural Holdings Act 1986 (in this Act referred to as “the Act of 1986”)— (a) the holding shall not be taken to have ceased to be an agricultural holding; and (b) where only part of the holding is comprised in opencast planning permission, that part shall not be taken to have ceased to form part of an agricultural holding, by reason only that, while occupied or used for the permitted activities, the land is not being used for agriculture within the meaning of that Act. (3) For the purposes of the Act of 1986, the tenant of the holding shall not be taken to have failed to fulfill his responsibilities to farm in accordance with the rules of good husbandry— (a) by reason of his having permitted any of the land comprised in the opencast planning permission to be occupied for the purpose of carrying on any of the permitted activities, or by reason of any other thing done or omitted by him for facilitating the use of any of that land for that purpose; (b) where any of that land is comprised in a compulsory rights order, by reason of the occupation or use of any of that land in the exercise of rights conferred by the order, in so far as that occupation or use was not permitted or facilitated by the tenant as mentioned in the preceding paragraph. (4) For the purposes of the Act of 1986 nothing done or omitted by the tenant or by the landlord of the holding by way of permitting any of the land in respect of which opencast planning permission has been granted to be occupied for the purpose of carrying on any of the permitted activities, or by way of facilitating the use of any of that land for that purpose, shall be taken to be a breach of any term or condition of the tenancy, either on the part of the tenant or on the part of the landlord. (5) For the purposes of subsections (1) to (3) of section 27 of the Act of 1986 (Agricultural Land Tribunal’s consent to operation of notice to quit) the condition specified in paragraph (f) of subsection (3) of that section shall not be treated as satisfied if the use for the purpose for which the landlord proposes to terminate the tenancy is the use of the land for carrying on any of the permitted activities. (6) On a reference to arbitration under section 12 of the Act of 1986 with respect to the rent which should be properly payable for the holding, in respect of any period for which the Board are in occupation of the holding, or of any part thereof, for the purpose of carrying on any of the permitted activities, the arbitrator shall not take into account any increase or diminution in the rental value of the holding in so far as that increase or diminution is attributable to the occupation of the holding, or of that part of the holding, by the Board for the purpose of carrying on any of the permitted activities. (7) For the purpose of the operation of section 13 of the Act of 1986 (increases of rent for landlord’s improvements) in relation to improvements carried out on the holding, in a case where the improvements have been affected by anything done for the purpose of carrying on any of the permitted activities, the increase (if any) of the rental value of the holding attributable to the carrying out of the improvements shall be assessed as if it had not been done. (8) This section does not extend to Scotland. (14A) (1) Without prejudice to the provisions of Part III of this Act as to matters arising between landlords and tenants in consequence of compulsory rights orders, the provisions of this section shall have effect in Scotland where— (a) opencast planning permission has been granted subject to a restoration condition and to an aftercare condition in which the use specified is use for agriculture, and (b) immediately before that permission is granted, any of the land comprised therein consists of an agricultural holding or part of an agricultural holding, whether any of that land is comprised in a compulsory rights order or not. (2) In this section— - “aftercare condition” means a condition requiring that such steps shall be taken as may be necessary to bring land to the standard required for use for agriculture; and - “restoration condition” has the meaning given to it in section 27A(2) of the Town and Country Planning (Scotland) Act 1972. (3) For the purposes of the Agricultural Holdings (Scotland) Act 1949 (in this Act referred to as “the Scottish Act of 1949”)— (a) the holding shall not be taken to have ceased to be an agricultural holding; and (b) where only part of the holding is comprised in the opencast planning permission, that part shall not be taken to have ceased to form part of an agricultural holding, by reason only that, while occupied or used for the permitted activities, the land is not being used for agriculture within the meaning of that Act. (4) For the purposes of the Scottish Act of 1949, the tenant of the holding shall not be taken to have failed to fulfil his responsibilities to farm in accordance with the rules of good husbandry— (a) by reason of his having permitted any of the land comprised in the opencast planning permission to be occupied for the purpose of carrying on any of the permitted activities, or by reason of any other thing done or omitted by him for facilitating the use of any of that land for that purpose; (b) where any of that land is comprised in a compulsory rights order, by reason of the occupation or use of any of that land in the exercise of rights conferred by the order, in so far as that occupation or use was not permitted or facilitated by the tenant as mentioned in the preceding paragraph. (5) For the purposes of the Scottish Act of 1949 nothing done or omitted by the tenant or by the landlord of the holding by way of permitting any of the land in respect of which opencast planning permission has been granted to be occupied for the purpose of carrying on any of the permitted activities, or by way of facilitating the use of any of that land for that purpose, shall be taken to be a breach of any term or condition of the tenancy, either on the part of the tenant or on the part of the landlord. (6) For the purposes of section 25(2) of the Scottish Act of 1949, no account is to be taken of permission granted as mentioned in paragraph (c) of that subsection if the permission— (a) is granted on an application by the National Coal Board; and (b) relates to the working of coal by opencast operations; and (c) is granted subject to a restoration condition and an aftercare condition. (7) For the purposes of section 26 of the Scottish Act of 1949 (in which subsection (1) specifies conditions for the giving of consent under section 25 of that Act to the operation of a notice to quit) the condition specified in paragraph (e) of subsection (1) shall not be treated as satisfied if the use for the purpose of which the landlord proposes to terminate the tenancy is the use of the land for carrying on any of the permitted activities. (8) On a reference to arbitration under section 7 of the Scottish Act of 1949 with respect to the rent which should be properly payable for the holding, in respect of any period for which the Board are in occupation of the holding, or of any part thereof, for the purpose of carrying on any of the permitted activities, the arbiter shall not take into account any increase or diminution in the rental value of the holding in so far as that increase or diminution is attributable to the occupation of the holding, or of that part of the holding, by the Board for the purpose of carrying on any of the permitted activities. (9) For the purpose of the operation of section 8 of the Scottish Act of 1949 (which relates to increases of rent for improvements carried out by the landlord) in relation to an improvement carried out on the holding, in a case where the improvement has been affected by anything done for the purpose of carrying on any of the permitted activities, the increase (if any) of the rental value of the holding attributable to the carrying out of the improvement shall be assessed as if the improvement had not been so affected. (10) The use of land for the working of coal by opencast operations shall not be a use for the purposes of which a landlord shall be entitled to resume the land.

6

The following sections shall be substituted for section 15—

(15) (1) Where— (a) the Board apply for opencast planning permission; and (b) over any part of the land to which the application relates there subsists a public right of way, not being a right enjoyed by vehicular traffic, the Board may also apply to the Secretary of State for an order suspending the public right of way. (2) The Secretary of State shall not make such an order unless— (a) opencast planning permission is granted; and (b) he is satisfied— (i) that a suitable alternative way will be made available by the Board (whether on land comprised in the opencast planning permission or on other land) for use by the public during the period for which the order remains in force; or (ii) that the provision of such an alternative way is not required. (3) An order under this section shall specify the date, which shall not be earlier than the making of the order, with effect from which the right of way is suspended. (4) Where an order has been made under this section the Secretary of State shall revoke it— (a) if— (i) no permitted activities have been carried on pursuant to the opencast planning permission on the land over which the right of way subsisted; and (ii) he is satisfied that there is no early prospect of such activities being so carried on; or (b) as soon after such permitted activities have been so carried on as he is satisfied that it is no longer necessary for the purpose of carrying on such permitted activities that the right of way should be suspended. (5) An order under this section shall include such provisions as may appear to the Secretary of State to be appropriate for securing the reconstruction of the way on the restoration of the land over which the right of way subsisted immediately before the order was made. (6) Where an order is made under this section then, in connection with the provision of such a suitable alternative way as is referred to in subsection (2) above,— (a) the order under this section may provide that, in so far as the carrying out of any operations, or any change in the use of land, involved in making the alternative way available or in permitting it to be used by the public, constitutes development within the meaning of the Act of 1971, permission for that development shall be deemed to be granted under Part III of that Act subject to such conditions (if any) as may be specified in the order; (b) where the order under this section includes provisions in accordance with paragraph (a) above, the Act of 1971 shall have effect as if they were conditions subject to which the opencast planning permission was granted; (c) if a compulsory rights order referring to the opencast planning permission is made, then, in the application to that order of section 5(5) above, the permitted activities shall be taken to include making an alternative way available for use by the public, and the right exercisable in accordance with that subsection, as against all persons directly concerned, shall include the right to permit the public to use any way so made available; and (d) if the land on which the alternative way is to be made available is specified in the order under this section and is land which does not form part of, but it contiguous with, the land to which the opencast planning permission relates, a compulsory rights order referring to the opencast planning permission may include that land as if it were part of the land comprised in the permission. (7) In the application of this section to Scotland, it shall be read as if for “the Act of 1971” there were substituted “the Town and Country Planning (Scotland) Act 1972”. (15A) (1) Before submitting to the Secretary of State an application for an order under section 15 of this Act, the Board shall publish a notice in the prescribed form identifying the right of way and stating— (a) that the Board are proposing to apply for an order suspending it in connection with the working of coal by opencast operations; (b) that opencast planning permission has been applied for, or, as the case may be, has been granted; and (c) that objections to the application for the order may be made in writing to the Secretary of State within such time, not being less than 28 days from the publication of the notice, as may be specified. (2) The duty to publish a notice imposed by subsection (1) above is a duty to publish it— (a) in two successive weeks in one or more local newspapers circulating in the locality in which the land over which the right of way subsists is situated; and (b) in the same or any other two successive weeks, in the appropriate Gazette. (3) The period within which objections may be made expires when the period specified in the last publication of the notice expires; and any period specified in earlier publications is to be treated as extended accordingly. (4) A notice under subsection (1) above shall name a place in the locality where a copy of the application and of a map showing the right of way can be inspected. (5) The Board shall also, before submitting such an application to the Secretary of State,— (a) inform— (i) in England and Wales, the district council and, except in the case of a metropolitan district, the county council, and any parish or community council or parish meeting; and (ii) in Scotland, every local authority in whose area any part of the land over which the right of way subsists is situated of the right to object conferred by subsection (1) above; (b) send them a map showing the right of way and a copy of their notice under subsection (1) above; and (c) affix to some conspicuous object at either end of the right of way a notice giving in the prescribed form the prescribed particulars of their proposed application concerning it and of the right to object. (6) If no objection is made by any such authority, other than a parish or community council or parish meeting, as is mentioned in subsection (5)(a) above, or if all objections which are made by any such authority are withdrawn, the Secretary of State, upon being satisfied that the Board have complied with subsections (1) to (5) above, may if he thinks fit make the order. (7) The Secretary of State may, if he thinks fit, cause a public local inquiry to be held before determining whether to make an order, and shall cause such an inquiry to be held if an objection is made by any such authority and is not withdrawn. (8) If the Secretary of State causes such an inquiry to be held, he shall consider all objections to the application which are duly made by any person and not withdrawn and the report of the person who held the inquiry before determining whether to make the order. (9) An order under section 15 of this Act may be made either in accordance with the Board’s application or subject to such modifications as the Secretary of State may determine. (10) If the Secretary of State makes an order, the Board, as soon as may be after the order is made, shall publish a notice in the prescribed form that the order has been made, describing the right of way which is suspended, stating the date on which the order comes into operation and naming a place in the locality where a copy of the order and of any map to which it refers can be inspected at all reasonable hours, and shall serve a like notice and a copy of the order on any body required under this section to be informed of the application for the order. (11) The duty to publish a notice imposed by subsection (10) above is a duty to publish it— (a) in one or more local newspapers such as are mentioned in subsection (1) above; and (b) in the appropriate Gazette. (12) In this section “the appropriate Gazette” means— (a) the London Gazette in a case where the land over which the right of way subsists is situated in England or Wales; and (b) the Edinburgh Gazette in a case where it is situated in Scotland.

7

In section 16—

(a) in subsections (1) and (2), for the words from “which” to “Act” there shall be substituted the words “in respect of which opencast planning permission has been granted”;

(b) in subsection (3), for the words from “comprised” to “Act” there shall be substituted the words “in respect of which the permission was granted”.

8

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9

In section 38—

(a) in paragraph (a)—

(i) for the words from “which” to “Act” there shall be substituted the words “in respect of which opencast planning permission has been granted”; and

(ii) for the words “authorised purposes” there shall be substituted the words “purpose of carrying on the permitted activities”;

(b) in paragraph (b), for the words “comprised in the authorisation” there shall be substituted the words “in respect of which the permission was granted and”; and

(c) for the words from “fulfilment” to the end of the subsection there shall be substituted the words “permitted activities”

10

In section 39(3)—

(a) in paragraph (a), for the words “an authorisation under section one of this Act” there shall be substituted the words “opencast planning permission”;

(b) in paragraph (b)—

(i) for the words from “an” to “Act”, in the first place where it occurs, there shall be substituted the words “opencast planning permission”; and

(ii) for the words “out of any authorised operations” there shall be substituted the words “on of any of the permitted activities”; and

(c) in paragraph (d), for the words “any of the provisions of the First” there shall be substituted the words “section 15A(4)(c) or any of the provisions of the”.

11

In the proviso to section 39(5), for the words “any of the provisions of the First” there shall be substituted the words “section 15A(4)(c) or any of the provisions of the”.

12

In section 45(2)—

(a) for the words from “an” to “Act” there shall be substituted the words “opencast planning permission has been granted”; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

In section 51(1)—

(a) the following definition shall be inserted after the definition of “National Trust”—

“opencast planning permission” means planning permission which permits the Board to work coal by opencast operations or to carry out operations incidental to such working;

;

(b) the following definition shall be inserted after the definition of “period of occupation”—

“permitted activities” means— (a) the working of coal by opencast operations pursuant to opencast planning permission and the carrying out of operations incidental to such working; and (b) the carrying out of any conditions subject to which opencast planning permission has been granted;

; and

“planning permission” means planning permission under Part III of the Act of 1971;

14

In section 52(2), the following definition shall be inserted after the definition of “owner”—

“planning permission” means planning permission under Part III of the Act of 1972 ;

15

In paragraph 5(1) of Part I of Schedule 2 (compulsory rights orders)—

(a) for the words “an authorisation under section one of this Act” there shall be substituted the words “ opencast planning permission ” ; and

(b) for the words from “an authorisation”, in the second place where those words occur, to “operations” there shall be substituted the words “ opencast planning permission should be granted or should have been granted. ”.

16

In Schedule 6, in paragraph 18(2)(c), for the words from “purposes”, in the first place where it occurs, to the end there shall be substituted the words “ activities which, in relation to the opencast planning permission referred to in the order, constitute the permitted activities ”.

17

In Schedule 7, in paragraph 24(3)(a)—

(a) for the word “authorisation”, in the first place where it occurs, there shall be substituted the words “ opencast planning permission ” ; and

(b) for the words “had been made for such an authorisation” there shall be substituted the words “ for opencast planning permission had been made ”.

Part II — Acquisition of Land Act 1981 (c. 67)

18

In section 29—

(a) in subsection (6)—

(i) for the words “an authorisation under section 1 of the Opencase Coal Act 1958” there shall be substituted the words “opencast planning permission”; and

(ii) for the words from “an authorisation”, in the second place where they occur, to “operations” there shall be substituted the words “opencast planning permission should be granted or should have been granted”; and

(b) the following subsection shall be substituted for subsection (11)—

(11) In this section “opencast planning permission” and “persons directly concerned” have the same meaning as in the Opencast Coal Act 1958.

SCHEDULE 9

Part I — England and Wales

Free-standing objects and structures within curtilage of listed building

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scope of exception for urgent works

2

(1) In section 55 of the Town and Country Planning Act 1971 (control of works for demolition, alteration or extension of listed buildings), for subsection (6) (exception for certain urgent works) substitute—

(6) In proceedings for an offence under this section it shall be a defence to prove the following matters— (a) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, (b) that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, (c) that the works carried out were limited to the minimum measures immediately necessary, and (d) that notice in writing justifying in detail the carrying out of the works was given to the local planning authority as soon as reasonably practicable.

(2) In section 97 of the Town and Country Planning Act 1971 (appeal against listed building enforcement notice) in subsection (1) (grounds of appeal), for paragraph (d) substitute—

(d) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, and that the works carried out were limited to the minimum measures immediately necessary ;

3

(1) In section 56 of the Town and Country Planning Act 1971 (supplementary provisions with respect to listed building consent), after subsection (4A) insert—

(4B) Listed building consent may be granted subject to a condition reserving specified details of the works (whether or not set out in the application) for subsequent approval by the local planning authority or, in the case of consent granted by the Secretary of State, specifying whether the reserved details are to be approved by the local planning authority or by him.

(2) In paragraph 8(1) of Schedule 11 to the Town and Country Planning Act 1971 (listed building consent: appeal against decision), for the words from the beginning to "and the consent is refused" substitute—

Where an application is made to the local planning authority— (a) for listed building consent, or (b) for approval of the authority required by a condition imposed on the granting of listed building consent with respect to details of the works, and the consent or approval is refused

(3) Renumber paragraph 9 of Schedule 11 to the Town and Country Planning Act 1971 (appeal in default of decision) as sub-paragraph (1) of that paragraph and after it insert—

(2) Sub-paragraph (1) of this paragraph applies to an application to the local planning authority for approval by the authority required by a condition imposed on the granting of listed building consent with respect to details of the works as it applies to an application for listed building consent, with the following modifications— (a) for references to the prescribed period substitute references to the period of eight weeks from the date of the receipt of the application, and (b) omit paragraph (b) and the word ' or' preceding it.

4

After section 56A of the Town and Country Planning Act 1971 insert—

(56B) (1) Any person interested in a listed building with respect to which listed building consent has been granted Subject to conditions may apply to the local planning authority for the variation or discharge of the conditions. (2) The application shall indicate what variation or discharge of conditions is applied for and the provisions of Part I of Schedule 11 to this Act apply to such an application as they apply to an application for listed building consent. (3) On such an application the local planning authority or, as the case may be, the Secretary of State may vary or discharge the conditions attached to the consent, and may add new conditions consequential upon the variation or discharge, as they or he thinks fit.

Extent of exemption accorded to ecclesiastical buildings

5

(1) After section 58A of the Town and Country Planning Act 1971 insert—

(58AA) (1) The Secretary of State may by order provide for restricting or excluding in such cases as may be specified in the order the operation in relation to ecclesiastical buildings of sections 56(1) and 58(2) of this Act (buildings excepted from provisions relating to listed buildings and building preservation notices). (2) An order under this section may— (a) make provision for buildings generally, for descriptions of building or for particular buildings; (b) make different provision for buildings in different areas, for buildings of different religious faiths or denominations or according to the use made of the building; (c) make such provision in relation to a part of a building (including, in particular, an object or structure falling to be treated as part of the building by virtue of section 54(9) of this Act) as may be made in relation to a building and make different provision for different parts of the same building; (d) make different provision with respect to works of different descriptions or according to the extent of the works ; (e) make such consequential adaptations or modifications of the operation of any other provision of this Act, or of any instrument made under this Act, as appear to the Secretary of State to be appropriate.

(2) In section 287 of the Town and Country Planning Act 1971 (regulations and orders)—

(a) in subsection (4) (orders to be made by statutory instrument), after " 55(3)" insert " 58AA " ;

(b) in subsection (5) (orders subject to negative resolution), after "section " insert " 58AA " ;

Dangerous structure orders in respect of listed buildings

6

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In sections 77 and 79 of the Building Act 1984 and in sections 62, 65 and 69 of the London Building Acts (Amendment) Act 1939 insert as the final subsection—

( ) This section has effect subject to the provisions of the Town and Country Planning Act 1971 relating to listed buildings, buildings subject to building preservation orders and buildings in conservation areas.

Works for preservation of buildings

7–12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of demolition in conservation areas

8

(1) Section 277A of the Town and Country Planning Act 1971 (control of demolition in conservation areas) is amended as follows.

(2) For subsection (8) (application of provisions relating to listed buildings) substitute—

(8) The following provisions of this Act have effect in relation to buildings to which this section applies as they have effect in relation to listed buildings, subject to such exceptions and modifications as may be prescribed by regulations— - sections 55 to 56C and 58AA and Parts I and II of Schedule 11 (requirement of consent to works: application for and revocation of consent), - sections 96 to 100 (enforcement), - section 172 (compensation where consent revoked or modified), - section 190 and Schedule 19 (purchase notice on refusal of consent), - sections 242, 243, 245 and 246 (validity of orders, proceedings for review and appeals), - section 255 (contributions by local authorities and statutory undertakers); - section 266(1)(t), (4) and (5) (application to Crown land), and - section 271 and Part VI of Schedule 21 (application of provisions to works by local planning authority).

(3) In subsection (11) (authorities exercising functions of local planning authority), in paragraph (c) (non-metropolitan counties, excluding areas in National Parks) omit " the county planning authority and ".

9

For paragraph 1(1) of Schedule 11 to the Town and Country Planning Act 1971 (regulations as to form and manner of application for listed building consent) substitute—

(1) An application for listed building consent shall be made in such form as the local planning authority may require and shall contain— (a) sufficient particulars to identify the building to which it relates, including a plan, and (b) such other plans and drawings as are necessary to describe the works which are the subject of the application, and such other particulars as may be required by the local planning authority. (1A) Provision may be made by regulations under this Act with respect to the manner in which applications for listed building consent are to be made, the manner in which such applications are to be advertised and the time within which they are to be dealt with by local planning authorities or, as the case may be, by the Secretary of State.

10

(1) In paragraph 5(2) of Schedule 11 to the Town and Country Planning Act 1971 (notice to local planning authority that Secretary of State requires further time to consider whether to call in an application for listed building consent), for the words from " and sub-paragraph (1)" to the end substitute " ; and if he gives such a notice the authority shall not grant the listed building consent until he has notified them that he does not intend to require the reference of the application. ".

(2) In paragraph 6(4) of Schedule 11 to the Town and Country Planning Act 1971 (notice to Historic Buildings and Monuments Commission that Secretary of State requires further time to consider whether to call in an application for listed building consent), for the words from " and sub-paragraph (3)" to the end substitute " ; and if he gives such a notice the Commission shall not authorise the local planning authority as mentioned in sub-paragraph (2)(a) of this paragraph, nor under sub-paragraph (2)(6) of this paragraph direct them to grant listed building consent, until he has notified them that he does not intend to require the reference of the application. ".

(3) In paragraph 6(6) of Schedule 11 to the Town and Country Planning Act 1971 (notice to local planning authority that Secretary of State requires further time to consider whether to call in application for fisted building consent which the Historic Buildings and Monuments Commission have directed the authority to refuse), for the words from " and sub-paragraph (5)(a) " to the end substitute " ; and if he gives such a notice the authority shall not give effect to the Commission's direction until he has notified them that he does not intend to require the reference of the application. ".

11

(1) Paragraph 7 of Schedule 11 to the Town and Country Planning Act 1971 (directions as to which applications need not be notified to Secretary of State) is amended as follows.

(2) In paragraph 7(1) (power to direct that certain descriptions of application need not be notified) omit, " other than such consent for the demolition of a building " and after that sub-paragraph insert—

(1A) Before giving a direction under sub-paragraph (1) of this paragraph in respect of any description of application for consent to the demolition of a building in England, the Secretary of State shall consult the Historic Buildings and Monuments Commission for England.

(3) For paragraph 7(1A) and (1B) (power to except applications from direction under sub-paragraph (1)) substitute—

(1B) Where a direction is in force under sub-paragraph (1) of this paragraph, the Secretary of State may give to a local planning authority a direction that paragraph 5 or (as the case may be) paragraph 6 of this Schedule shall nevertheless apply— (a) to a particular application for listed building consent, or (b) to such descriptions of application for fisted building consent as are specified in the direction ; and such a direction has effect in relation to any such application which has not been disposed of by the authority by their granting or refusing consent.

(4) At the end of the paragraph add—

(3) Directions under sub-paragraph (1) or (2) of this paragraph may be given to authorities generally or to particular authorities or descriptions of authority.

Application to local planning authorities of provisions relating to listed buildings

12

In Part VI of Schedule 21 to the Town and Country Planning Act 1971 (provisions of Act applying to applications by local planning authorities with respect to listed buildings), at the appropriate place insert " Sections 242, 243, 245 and 246. ".

Part II

Free-standing objects and structures within curtilage of listed building

13

(1) In section 52(7) of the Town and Country Planning (Scotland) Act 1972 (definition of “listed building”), for the words from “and for the purposes” to the end substitute—

and, for the purposes of the provisions of this Act relating to listed buildings and building preservation notices, the following shall be treated as part of the building— (a) any object or structure fixed to the building ; (b) any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so much before 1st July 1948.

(2) Where by virtue of this paragraph an object or structure ceases to be treated as part of a listed building—

(a) liabilities incurred before the commencement of this paragraph by reason of the object or structure being so treated cease to have effect, and

(b) a condition attached to listed building consent ceases to have effect if, or to the extent that, it could not have been attached if this paragraph had been in force ;

except for the purposes of criminal proceedings begun before the commencement of this paragraph.

14

(1) In subsection (1) of section 53 (control of works for demolition, alteration or extension of listed buildings) of the Town and Country Planning (Scotland) Act 1972, for the words “this Part of this Act” where they appear for the second time, substitute “ subsection (2) of this section ”.

(2) After subsection (2) of the said section 53 insert—

(2A) If written consent is granted by the planning authority or the Secretary of State for the retention of works for the demolition, alteration or extension of a listed building which have been executed without consent under susection (2) of this section, the works are authorised under this Part of this Act from the grant of the consent under this subsection.

(3) After subsection (3) of the said section insert—

(3A) Consent under subsection (2) or (2A) of this section is referred to in this Part of this Act as “listed building consent”.

(4) At the end of section 54A (limit on duration of listed building consent) of the Town and Country Planning (Scotland) Act 1972 there shall be added—

(5) Nothing in this section applies to any consent to the retention of works granted under section 53(2A) of this Act.

Defence to proceedings under section 53

15

(1) In section 53 of the Town and Country Planning (Scotland) Act 1972 (control of works for demolition, alteration or extension of listed buildings), for subsection (6) (exception for certain urgent works) substitute—

(6) In proceedings for an offence under this section it shall be a defence to prove the following matters— (a) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building ; (b) that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter ; (c) that the works carried out were limited to the minimum measures immediately necessary, and (d) that notice in writing justifying in detail the carrying out of the works was given to the planning authority as soon as reasonably practicable.

(2) In section 93 of the Town and Country Planning (Scotland) Act 1972 (appeal against listed building enforcement notice), in subsection (1) (grounds of appeal), for paragraph (c) substitute—

(c) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, and that the works carried out were limited to the minimum measures immediately necessary ;

16

(1) In section 54 of the Town and Country Planning (Scotland Act 1972 (supplementary provisions with respect to listed building consent), after subsection (4) insert—

(4A) Listed building consent may be granted subject to a condition reserving specified details of the works (whether or not set out in the application) for subsequent approval by the planning authority or, in the case of consent granted by the Secretary of State, specifying whether the reserved details are to be approved by the planning authority or by him.

(2) In paragraph 7(1) of the said Schedule 10 to the 1972 Act (listed building consent : appeal against decision), for the words from the beginning to “and the consent is refused” substitute—

Where an application is made to the planning authority— (a) for listed building consent, or (b) for approval of the authority required by a condition imposed on the granting of listed building consent with respect to details of the works, and the consent or approval is refused

(3) Renumber paragraph 8 of that Schedule (appeal in default of decision) as sub-paragraph (1) of that paragraph and after it insert—

(2) Sub-paragraph (1) of this paragraph applies to an application to the planning authority for approval by the authority required by a condition imposed on the granting of listed building consent with respect to details of the works as it applies to an application for listed building consent, with the following modifications— (a) for references to the prescribed period substitute references to the period of two months from the date of the receipt of the application, and (b) omit paragraph (b) and the word “or” preceding it.

17

After section 54C of the Town and Country Planning (Scotland) Act 1972 insert—

(54D) (1) Any person interested in a listed building with respect to which listed building consent has been granted subject to conditions may apply to the planning authority for the variation or discharge of the conditions. (2) The application shall indicate what variation or discharge of conditions is applied for and the provisions of Part I of Schedule 10 to this Act apply to such an application as they apply to an application for listed building consent. (3) On such an application the planning authority or, as the case may be, the Secretary of State may vary or discharge the conditions attached to the consent, and may add new conditions consequential upon the variation or discharge, as they or he think fit.

Extent of exemption accorded to ecclesiastical buildings

18

(1) After section 56 of the Town and Country Planning (Scotland) Act 1972 insert—

(56AA) (1) The Secretary of State may by order provide for restricting or excluding in such cases as may be specified in the order the operation in relation to ecclesiastical buildings of sections 54(1) and 56(2) of this Act (buildings excepted from provisions relating to listed buildings and building preservation notices). (2) An order under this section may— (a) make provision for buildings generally, for descriptions of building or for particular buildings ; (b) make different provision for buildings in different areas, for buildings of different religious faiths or denominations or according to the use made of the building ; (c) make such provision in relation to a part of a building (including, in particular, an object or structure falling to be treated as part of the building by virtue of section 52(7) of this Act) as may be made in relation to a building and make different provision for different parts of the same building ; (d) make different provision with respect to works of different descriptions or according to the extent of the works ; (e) make such consequential adaptations or modifications of the operation of any other provision of this Act, or of any instrument made under this Act, as appear to the Secretary of State to be appropriate. (3) This section is without prejudice to the Church of Scotland Act 1921.

(2) In section 273 (regulations and orders) of the Town and Country Planning (Scotland) Act 1972—

(a) in subsection (4) (orders to be made by statutory instrument), after “53(3)” insert “ 56AA ”

(b) in subsection (5) (orders subject to negative resolution), after “1(3)” insert “ 56AA ” ;

Effect of listed building enforcement notice

19

After section 95 of the Town and Country Planning (Scotland) Act 1972 insert—

(95A) (1) If, after the issue of a listed building enforcement notice, consent is granted under section 53(2A) of this Act for the retention of any work to which the listed building enforcement notice relates, the notice shall cease to have effect in so far as it requires steps to be taken which would involve the works not being retained in accordance with the consent. (2) If the consent is granted so as to permit the retention of works without complying with some condition subject to which a previous listed building consent was granted, the listed building enforcement notice shall cease to have effect in so far as it requires steps to be taken for complying with that condition. (3) The preceding provisions of this section shall be without prejudice to the liability of any person for an offence in respect of a failure to comply with the listed building enforcement notice before the relevant provisions of that notice ceased to have effect.

Works for preservation of buildings

20

For section 97 of the Town and Country Planning (Scotland) Act 1972 (urgent works for preservation of unoccupied buildings) substitute—

(97) (1) Where it appears to the planning authority or the Secretary of State that works are urgently necessary for the preservation of— (a) a listed building, or (b) a building in respect of which a direction has been given by the Secretary of State that this section shall apply, they or he may, subject to the following provisions of this section, execute the works, which may consist of or include works for affording temporary support or shelter for the building. (2) The ground on which the Secretary of State may give a direction that this section shall apply to a building is that the building is in a conservation area and it appears to him that its preservation is important for maintaining the character or appearance of the conservation area. (3) If the building is occupied works may be carried out only to those parts which are not in use ; and no action may be taken in respect of an excepted building within the meaning of section 56(2) of this Act. (4) The owner of the building shall be given not less than 7 days’ notice in writing of the intention to carry out the works and the notice shall describe the works proposed to be carried out. (97A) (1) This section has effect for enabling the expenses of works executed under section 97 of this Act to be recovered. (2) The planning authority or, as the case may be, the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of the works. (3) Where the works consist of or include works for affording temporary support or shelter for the building— (a) the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used, and (b) notices under subsection (2) in respect of any such continuing expenses may be given from time to time. (4) The owner may within 28 days of the service of the notice represent to the Secretary of State— (a) that some or all of the works were unnecessary for the preservation of the building, (b) in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time, or (c) that the amount specified in the notice is unreasonable or that the recovery of it would cause him hardship, and the Secretary of State shall determine to what extent the representations are justified. (5) The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable— (a) to the owner of the building, and (b) to the planning authority, if they carried out the works.

Control of demolition in conservation areas

21

Section 262A(8) of the Town and Country Planning (Scotland) Act 1972 (application to buildings in conservation areas of provisions relating to listed buildings) is amended as follows—

(a) for the words from “section 53” to “section 54C” substitute “ sections 53 to 54D and 56AA ” ;

(b) for “sections 92 to 95” substitute “ sections 92 to 96 ” ;

(d) after “section 253(1)(b)” insert “ ,(4) and (5), section 257 ” ;

(e) after “Schedule 17” insert “ Part IV of Schedule 19 ”.

22

For paragraph 1(1) of Schedule 10 of the Town and Country Planning (Scotland) Act 1972 (regulations as to form and manner of application for listed building consent) substitute—

(1) An application for listed building consent shall be made in such form as the planning authority may require and shall contain— (a) sufficient particulars to identify the building to which it relates, including a plan, and (b) such other plans and drawings as are necessary to describe the works which are the subject of the application. and such other particulars as may be required by the planning authority. (1A) Provision may be made by regulations under this Act with respect to the manner in which applications for listed building consent are to be made, the manner in which such applications are to be advertised and the time within which they are to be dealt with by planning authorities or, as the case may be, by the Secretary of State.

23

In paragraph 5(2) of Schedule 10 to the Town and Country Planning (Scotland) Act 1972 (notice, to planning authority that Secretary of State requires further time to consider whether to call in application for listed building consent), for the words from “and sub-paragraph (1)” to the end substitute “ ; and if he gives such a notice the authority shall not grant the listed building consent until he has notified them that he does not intend to require the reference of the application. ”.

Application to planning authorities of provisions relating to listed buildings

24

In Part IV of Schedule 19 to the Town and Country Planning (Scotland) Act 1972 (provisions of Act applying to applications by planning authorities with respect to listed buildings), at the appropriate place insert “ Sections 231 and 233 ”.

SCHEDULE 10

PART I — Sections 11 To 15B of The Town and Country Planning Act 1971 (c.78), as Substituted

PART II — Unitary Development Plans

1

Part I of Schedule 1 to the Local Government Act 1985 (unitary development plans) is amended as follows.

2

After paragraph 6 insert—

(6A) (1) After a copy of a unitary development plan has been sent to the Secretary of State and before it is adopted by the local planning authority, the Secretary of State may, if it appears to him that the plan is unsatisfactory, direct the authority to consider modifying the proposals in such respects as are indicated in the direction. (2) An authority to whom a direction is given shall not adopt the plan unless they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.

3

In paragraph 10(2) (provisions applicable to making of unitary development plan also apply to alteration or replacement of plan), at the beginning insert " Subject to paragraph 10A below, ".

4

After paragraph 10 insert—

(10A) (1) Where a local planning authority propose to alter or replace a unitary development plan and it appears to them that the issues involved are not of sufficient importance to warrant the full procedure set out in paragraph 3(1) and (2), they may instead proceed as follows. (2) They shall prepare the relevant documents, that is, the proposed alterations or replacement plan, and shall make a copy of them available for inspection at their office and at such other places as may be prescribed and send a copy to the Secretary of State. (3) Each copy of the documents made available for inspection shall be accompanied by a statement of the time within which representations or objections may be made. (4) They shall then take such steps as may be prescribed for the purpose of— (a) advertising the fact that the documents are available for inspection, and the places and times at which and period during which they may be inspected, and (b) inviting the making of representations or objections in accordance with regulations; and they shall consider any representations made to them within the prescribed period. (5) The documents sent by the local planning authority to the Secretary of State under sub-paragraph (2) above shall be accompanied by a statement of the steps which the authority are taking to comply with sub-paragraph (4) above. (6) If, on considering the statement submitted with and the matters contained in the documents sent to him under sub-paragraph (2) above and any other information provided by the local planning authority, the Secretary of State is not satisfied with the steps taken by the authority he may, within twenty-one days of the receipt of the statement, direct the authority not to take further steps for the adoption of their proposals without— (a) proceeding in accordance with paragraph 3(1) and (2) above, or (b) taking such further action as he may specify, and satisfying him that they have done so. (7) A local planning authority who are given directions by the Secretary of State under sub-paragraph (6) above shall— (a) forthwith withdraw the copies of documents made available for inspection as required by sub-paragraph (2) above ; and (b) notify any person by whom objections to the proposals have been made to the authority that Secretary of State has given such directions as aforesaid. (8) Where a local planning authority proceed in accordance with this paragraph, the references in paragraphs 4(2)(a) and (4) and 7(1) to copies made available or sent to the Secretary of State under paragraph 3(2) shall be construed as references to copies made available or sent to the Secretary of State under sub-paragraph (2) of this paragraph.

SCHEDULE 11

Part I — England and Wales

Operation of Use Classes Order on subdivision of planning unit

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development orders

2

(1) In section 24 of the Town and Country Planning Act 1971 (development orders), for subsection (3) (general and special orders) substitute—

(3) A development order may be made either— (a) as a general order applicable, except so far as the order otherwise provides, to all land, but which may make different provision with respect to different descriptions of land, or (b) as a special order applicable only to such land or descriptions of land as may be specified in the order.

(2) In paragraph 17 of Schedule 16 to the Local Government Act 1972 (inclusion of provision in development orders empowering local highway authority to impose restrictions on grant of planning permission in certain cases) for " shall include in a development order under section 24 provision" substitute " may include in a development order under section 24 such provision as he thinks fit ".

Disabled persons: construction of references to certain documents

3

(1) In section 29A of the Town and Country Planning Act 1971 (duty to draw attention to certain provisions for the benefit of the disabled: public buildings and places of work), in subsection (1) for paragraph (ii) substitute—

(ii) the Code of Practice for Access of the Disabled to Buildings (British Standards Institution code of practice BS 5810: 1979) or any prescribed document replacing that code.

(2) In section 29B of the Town and Country Planning Act 1971 (duty to draw attention to certain provisions for the benefit of the disabled: educational buildings), in subsection (1) for paragraph (ii) substitute—

(ii) to Design Note 18 ' Access for Disabled People to Educational Buildings ' published in 1984 on behalf of the Secretary of State, or any prescribed document replacing that Note.

Applications to vary or revoke conditions attached to planning permission

4

After section 31 of the Town and Country Planning Act 1971 insert—

(31A) (1) This section applies to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted. (2) Special provision may be made with respect to such applications— (a) by regulations under section 25 of this Act as regards the form and content of the application, and (b) by a development order as regards the procedure to be followed in connection with the application. (3) On such an application the local planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and— (a) if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and (b) if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application. (4) This section does not apply where the application is made after the previous planning permission has become time-expired, that is to say, the previous permission having been granted subject to a condition as to the time within which the development to which it related was to be begun, that time has expired without the development having been begun.

Purchase notices : transmission of documents to Secretary of State

5

(1) In section 181 of the Town and Country Planning Act 1971 (action by council on whom purchase notice is served)—

(a) in subsection (1)(c) (notice of unwillingness to comply with purchase notice: contents of notice) for the words from "and that they have transmitted" to the end substitute " and that they have transmitted to the Secretary of State a copy of the purchase notice and of the notice under this subsection " ;

(b) in subsection (3) (duty of council to transmit documents to Secretary of State) for the words from " they shall transmit" to the end substitute " then, before they take steps to serve that notice, they shall transmit to the Secretary of State a copy of the purchase notice together with a copy of the notice which they propose to serve ".

(2) In paragraph 1 of Schedule 19 to the Town and Country Planning Act 1971 (action by council on whom listed building purchase notice is served)—

(a) in sub-paragraph (1)(c) (notice of unwillingness to comply with purchase notice: contents of notice) for the words from " and that they have transmitted " to the end substitute " and that they have transmitted to the Secretary of State a copy of the purchase notice and of the notice under this subparagraph " ;

(b) in sub-paragraph (3) (duty of council to transmit documents to Secretary of State) for the words from " they shall transmit " to " reasons " substitute " then, before they take steps to serve that notice, they shall transmit to the Secretary of State a copy of the purchase notice together with a copy of the notice which they propose to serve under subparagraph (1)(c) ".

Purchase notice relating to land where use restricted by virtue of previous planning permission

6

In section 184 of the Town and Country Planning Act 1971 (power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission)—

(a) in subsection (1) (cases to which the section applies) for " land which has a restricted use" substitute " land which consists in whole or in part of land which has a restricted use "; and

(b) in subsection (3) (power of Secretary of State to refuse to confirm purchase notice), for the words "the land ought, in accordance with the previous planning permission ", substitute " the land having a restricted use by virtue of a previous planning permission ought, in accordance with that permission, ",

7

(1) In section 186(3) of the Town and Country Planning Act 1971 (relevant period at end of which purchase notice is deemed to have been confirmed) after " relevant period is" insert " , subject to subsection (3A) of this section, ", and after that subsection insert—

(3A) The relevant period does not run if the Secretary of State has before him at the same time both a copy of the purchase notice transmitted to him under section 181(3) of this Act and an appeal notice under any of the following provisions of this Act relating to any of the land to which the purchase notice relates— - section 36 (appeal against refusal of planning permission, &c), - section 88 (appeal against enforcement notice), section 95 (appeal against refusal of established use certificate), - section 97 (appeal against listed building enforcement notice), or - paragraph 8 or 9 of Schedule 11 (appeal against refusal of fisted building consent, &c.).

(2) In paragraph 3(3)(b) of Schedule 19 to the Town and Country Planning Act 1971 (relevant period at end of which listed building purchase notice is deemed to have been confirmed) after "' the relevant period' is" insert " , subject to sub-paragraph (3A) of this paragraph, ", and after that sub-paragraph insert—

(3A) The relevant period does not run if the Secretary of State has before him at the same time both a copy of the listed building purchase notice transmitted to him under paragraph 1(3) of this Schedule and an appeal notice under any of the following provisions of this Act relating to any of the land to which the purchase notice relates— - section 97 (appeal against listed building enforcement notice), or - paragraph 8 or 9 of Schedule 11 (appeal against refusal of listed building consent, &c.).

Local inquiries: application of general provisions of Local Government Act

8

(1) In section 282 of the Town and Country Planning Act 1971 (local inquiries held by Secretary of State), for subsection (2) substitute—

(2) The provisions of subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held by virtue of this section.

(2) In Schedule 9 to the Town and Country Planning Act 1971 (determination of certain appeals by person appointed by the Secretary of State), in paragraph 5 (local inquiries and hearings held by appointed person) for sub-paragraph (3) substitute—

(3) The provisions of subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held by virtue of this paragraph, with the following adaptations— (a) for the references in subsection (4) (recovery of costs of holding the inquiry) to the Minister causing the inquiry to be held, substitute the Secretary of State; and (b) for the reference in subsection (5) (orders as to the costs of the parties) to the Minister causing the inquiry to be held, substitute a reference to the person appointed to determine the appeal or the Secretary of State.

Orders as to costs of parties where no local inquiry held

9

(1) After section 282 of the Town and Country Planning Act 1971 (local inquiries: application of general provisions of Local Government Act) insert—

(282A) (1) The Secretary of State has the same power to make orders under section 250(5) of the Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry. (2) This section applies to proceedings under this Act where the Secretary of State is required, before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him.

(2) In Schedule 9 to the Town and Country Planning Act 1971 (determination of certain appeals by persons appointed by the Secretary of State), in paragraph 5 (local inquiries and hearings held by appointed person) at the end add—

(4) The person appointed to determine the appeal or the Secretary of State has the same power to make orders under section 250(5) of the Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings under this Schedule which do not give rise to an inquiry under this paragraph as he has in relation to such an inquiry.

Procedure on applications and appeals disposed of without inquiry or hearing

10

After section 282A of the Town and Country Planning Act 1971 insert—

(282B) (1) The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act where he is required, before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under section 11 of the Tribunals and Inquiries Act 1971 apply. (2) The regulations may in particular make provision as to the procedure to be followed— (a) where steps have been taken with a view to the holding of such an inquiry or hearing which does not take place, or (b) where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or (c) where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction, and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations. (3) The regulations may also— (a) provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents; (b) prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case ; (c) empower the Secretary of State t© proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit; and (d) empower the Secretary of State after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.

Power to return appeal for determination by inspector

11

In Schedule 9 to the Town and Country Planning Act 1971 (determination of certain appeals by persons appointed by the Secretary of State), after paragraph 3 (power of Secretary of State to direct that appeal should be determined by him) insert—

(3A) (1) The Secretary of State may by a further direction revoke a direction under paragraph 3 of this Schedule at any time before the determination of the appeal. (2) A direction under this paragraph shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the applicant or appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 29(3)(a) of this Act (3) Where a direction under this paragraph has been given, the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given. (4) Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the person appointed to determine the appeal (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him.

Appointment of assessors

12

In Schedule 9 to the Town and Country Planning Act 1971 (determination of certain appeals by persons appointed by the Secretary of State), in paragraph 5 (local inquiries and hearings) after sub-paragraph (1) insert—

(1A) Where a person appointed under this Schedule to determine an appeal— (a) holds a hearing by virtue of paragraph 2(2)(b) of this Schedule, or (b) holds an inquiry by virtue of this paragraph, an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising notwithstanding that the appointed person is to determine the appeal.

Increase of daily penalties for offences

13

(1) In the provisions of the Town and Country Planning Act 1971 listed in column 1 of the following Table, which impose daily penalties for certain offences whose general nature is indicated in column 2, for the amount shown in column 3 substitute the amount shown in column 4.

Provision of 1971 Act	Nature of offence	Present maximum daily fine	New maximum daily fine
Section 57(3)	Damage to listed building.	£20	£40
Section 89(4)	Non-compliance with enforcement notice.	£100	£200
Section 89(5)	Use of land in contravention of enforcement notice.	£100	£200
Section 90(7)	Non-compliance with stop notice.	£100	£200
Section 98(4)	Failure to secure compliance with listed building enforcement notice.	£100	£200
Section 104(7)	Failure to secure compliance with notice as to condition of land.	£20	£40
Section 109(2)	Contravention of advertisement control regulations.	£20	£40

(2) The increased amounts applicable by virtue of sub-paragraph (1) apply to every day after the commencement of this paragraph, notwithstanding that the offence began before.

Consequential amendments of the Town and Country Planning Act 1971

14

In section 1 of the Town and Country Planning Act 1971 for subsection (2A) substitute—

(2A) References in this Act to a local planning authority in relation to a non-metropolitan county shall be construed, subject to any express provision to the contrary as references to both the county planning authority and the district planning authorities.

15

In section 18(1)(f) of that Act, except as respects Greater London—

(a) for "section 12(1)(a)" substitute " section 12(2)(a) ", and

(b) for " section 12(2)" substitute " section 12(4) or 12A(2) ".

16

In section 29(1)(a) of that Act for " sections 41, 42, 70 and 77 to 80 " substitute " sections 41 and 42 ".

17

In sections 35(4) and 36(5) of that Act for " and 30A " substitute " , 30A and 31A ".

18

In sections 36(7) of that Act for " sections 29(1), 30(1), 67 and 74 " substitute " sections 29(1) and 30(1) ".

19

In section 55(4) of that Act omit " under section 56 of this Act ".

20

In section 105 of that Act-

(a) in paragraph (a) for " seriously injure " substitute " adversary affect ",

(b) omit paragraph (c), and

21

In Schedule 21, in Parts I and V for "Sections 63 to 68" substitute " Sections 63 to 65 ".

Consequential amendments of other enactments

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

(1) Part I of Schedule 16 to the Local Government Act 1972 (functions under and modification of Town and Country Planning Act 1971) is amended as follows.

(2) For paragraphs 10 to 12 (joint local plans) substitute, except as respects Greater London—

(10) (1) This paragraph applies where two or more local planning authorities jointly prepare proposals for the making, alteration, repeal or replacement of a local plan. (2) The local planning authorities are jointly responsible for taking the steps required by section 12 or 12A, except that they each have the duty imposed by section 12(4)(a) or 12A(2)(a) of making copies of the relevant documents available for inspection and objections to the proposals may be made to any of those authorities and the statement required by section 12(5) or 12A(3) to accompany the relevant documents shall state that objections may be so made. (3) It shall be for each of the local planning authorities to adopt the proposals under section 14(1) and they may do so as respects any part of their area to which the proposals relate, but any modifications subject to which the proposals are adopted must have the agreement of all those authorities. (11) Where in a non-metropolitan county— (a) a structure plan has been jointly prepared by two or more county planning authorities, or (b) a local plan has been jointly prepared by two or more district planning authorities, a request for a certificate under section 15 that the local plan conforms generally to the structure plan shall be made by each district planning authority to the county planning authority for the area comprising the district planning authority's area and it shall be for that county planning authority to deal with the request. (12) Where a local plan has been made jointly, the power of making proposals for its alteration, repeal or replacement may be exercised as respects their respective areas by any of the authorities by whom it was made, in accordance with the provisions of the relevant local plan scheme, and the Secretary of State may under section 11B direct any of them to make proposals as respects their respective areas.

(3) In paragraph 19(2) (planning applications subject to duty to consult county planning authority)—

(a) in sub-paragraph (vi), for the words from " section 12 " to the end substitute " section 12 or 12A (publicity and consultation regarding local plans) ", and

(b) in sub-paragraph (vii), for the words from " the said section 12 " to the end substitute " section 12 or 12A (publicity and consultation regarding local plans) ".

24

In section 8(3) of the Refuse Disposal (Amenity) Act 1978 (application of general provisions of Town and Country Planning Act 1971 relating to local inquiries and service of notices) for " to 284 " substitute " 283 and 284 ".

25

(1) The Industrial Development Act 1982 is amended as follows.

(2) In section 14 (power of Secretary of State to provide premises and sites), in subsection (2) (restriction on acquisition of buildings) for “section 66 of the Town and Country Planning Act 1971” substitute “section 14A of this Act”.

(3) After that section insert—

(14A) (1) In section 14(2) of this Act “industrial building” means a building which is used or designed for use for carrying on, in the course of a trade or business, a process for or incidental to any of the following purposes— (a) the making of any article or part of any article, (b) the altering, repairing, ornamenting, finishing, cleaning, washing, freezing, packing or canning, or adapting for sale, or breaking up or demolition, of any article, or (c) the getting, dressing or preparation for sale of minerals or the extraction or preparation for sale of oil or brine, or which is used or designed for use for carrying on, in the course of a trade or business, scientific research. (2) For the purposes of subsection (1) premises which— (a) are used or designed for use for providing services or facilities ancillary to the use of other premises for the carrying on of any such process or research as is mentioned in that subsection, and (b) are or are to be comprised in the same building or the same curtilage as those other premises, shall themselves be treated as used or designed for use for the carrying on of such a process or, as the case may be, of such research. (3) In this section— - “article” means an article of any description, including a ship or vessel; - “building” includes part of a building; - “minerals” includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale; - “scientific research” means any activity in the fields of natural or applied science for the extension of knowledge.

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

(1) In Part II of Schedule 1 to the Local Government Act 1985 (transitional provisions), paragraph 20 (local plans between abolition date and commencement of unitary planning provisions) is amended as follows.

(2) In sub-paragraph (2) (application of provisions of Part II of Town and Country Planning Act 1971) omit the words from " and in respect of those matters " to the end.

(3) After that sub-paragraph insert—

(2A) In respect of the matters referred to in sub-paragraph (2) the following provisions (which relate to county planning authorities) do not apply to metropolitan district councils, namely, sections 11 A, 11B(4), 12(3) and (4)(c), 12A(2)(c). 15, 15A and 15B(2).

(4) For sub-paragraph (3) substitute—

(3) In section 15(1) and (2) (alteration of local plans), as applying in Greater London, the reference to a local plan adopted by a local planning authority includes, in the case of a London borough council, a local plan adopted by the Greater London Council and in force in respect of the area of that authority on the abolition date. (3A) A metropolitan district council may at any time— (a) make proposals for the preparation, alteration, repeal or replacement of a local plan adopted by them or adopted by the metropolitan county council and in force in the area of that authority on the abolition date; (b) with the consent of the Secretary of State, make proposals for the alteration, repeal or replacement of a local plan approved by him.

Part II — Scotland

Directions as to modifications of local plans

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Operation of Use Classes Order on subdivision of planning unit

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development orders

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications to vary or revoke conditions attached to planning permission

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land adversely affecting amenity of neighbourhood

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against notices under section 63A

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Purchase notices : transmission of documents to the Secretary of State

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Purchase notice relating to land where use restricted by virtue of previous planning permission

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Scenic Areas

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of expenses of local inquiry

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders as to expenses of parties where no local inquiry held

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure on applications and appeals disposed of without inquiry or hearing

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to return appeal for determination by appointed person

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of assessors

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Increase of daily penalties for offences

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other minor amendments of the Town and Country Planning (Scotland) Act 1972

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

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Housing and Planning Act 1986

Part II

Radioactive Substances Act 1960 (c.34)

1

Town and Country Planning (Scotland) Act 1972 (c.52)

2

3

4

5

6

Town and Country Planning Act 1984 (c.10)

7

Gas Act 1986 (c.44)

8

SCHEDULE 8

Part I — The 1958 Act

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

Part II — Acquisition of Land Act 1981 (c. 67)

18

SCHEDULE 9

Part I — England and Wales

Free-standing objects and structures within curtilage of listed building

1

Scope of exception for urgent works

2

Grant of listed building consent subject to. subsequent approval of detail

3

Application to modify or discharge conditions attached to listed building consent

4

Extent of exemption accorded to ecclesiastical buildings

5

Dangerous structure orders in respect of listed buildings

6

Works for preservation of buildings

7–12

Control of demolition in conservation areas

8

Form of application for listed building consent

9

Listed building consent: consideration whether to call in application

10

Listed building consent: directions as to which applications need not be notified to the Secretary of State

11

Application to local planning authorities of provisions relating to listed buildings

12

Part II

Free-standing objects and structures within curtilage of listed building

13

Late application for listed building consent

14

Defence to proceedings under section 53

15

Grant of listed building consent subject to subsequent approval of detail

16

Application to modify or discharge conditions attached to listed building consent

17

Extent of exemption accorded to ecclesiastical buildings

18

Effect of listed building enforcement notice

19

Works for preservation of buildings

20

Control of demolition in conservation areas

21