Planning and Compensation Act 1991

• (3) For sub-paragraphs (2) and (3) of that paragraph there is substituted—

(2) An order under this paragraph may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be— (a) required by paragraph 1 of Schedule 5; or (b) specified in the order. (3) Subsections (3) to (5) and (7) of section 102 and section 103 apply to orders under this paragraph as they apply to orders under section 102, but as if— (a) references to the local planning authority were references to the mineral planning authority; and (b) the reference in section 103(2)(a) to subsection (2) of section 102 were a reference to sub-paragraph (2).

• (4) In paragraph 2 of that Schedule for sub-paragraph (1) there is substituted—

(1) An order under paragraph 1 may impose a restoration condition

.

• (5) In sub-paragraph (4)(b) of that paragraph for the words from “before” to “under it” there is substituted “ before the development began ”.

• (6) For paragraph 3(1) to (3) of that Schedule there is substituted—

(1) Where it appears to the mineral planning authority— (a) that development of land— (i) consisting of the winning and working of minerals; or (ii) involving the depositing of mineral waste, has occurred; but (b) the winning and working or depositing has permanently ceased, the mineral planning authority may by order— (i) prohibit the resumption of the winning and working or the depositing; and (ii) impose, in relation to the site, any such requirement as is specified in sub-paragraph (3). (2) The mineral planning authority may assume that the winning and working or the depositing has permanently ceased only when— (a) no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and (b) it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely. (3) The requirements mentioned in sub-paragraph (1) are— (a) a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose; (b) a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations; (c) a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and (d) a restoration condition.

• (7) At the end of paragraph 4(8) of that Schedule there is inserted “ or involving the depositing of mineral waste ”.

• (8) For paragraph 5(1) of that Schedule there is substituted—

(1) Where it appears to the mineral planning authority— (a) that development of land— (i) consisting of the winning and working of minerals; or (ii) involving the depositing of mineral waste, has occurred; but (b) the winning and working or depositing has been temporarily suspended, the mineral planning authority may by order require that steps be taken for the protection of the environment.

• (9) For sub-paragraphs (3) and (4) there is substituted—

(3) The mineral planning authority may assume that the winning and working or the depositing has been temporarily suspended only when— (a) no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least twelve months; but (b) it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely. (4) In this Act “steps for the protection of the environment” means steps for the purpose— (a) of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended; (b) of protecting that area from damage during that period; or (c) of preventing any deterioration in the condition of the land during that period.

• (10) In paragraph 10(1) of that Schedule for “in, on or under the land” there is substituted “ or involving the depositing of mineral waste at the site ”.

• (11) In sub-paragraph (3) of that paragraph for “development consisting of the winning and working of minerals” there is substituted “ the development ”.

• (12) For sub-paragraph (4) of that paragraph there is substituted—

(4) The mineral planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.

• (13) For sub-paragraph (8) there is substituted—

(8) If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.

• (14) At the end of that Schedule there is inserted—

(12) In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.

16

• (1) Schedule 11 (compensation in respect of certain orders affecting mineral working) is omitted.

• (2) Without prejudice to section 17(2)(b) of the Interpretation Act 1978, any regulations made or having effect as if made by virtue of Schedule 11 to the principal Act shall, to the extent that they are in force on the coming into force of this paragraph, have effect as if made under section 116 of the principal Act as substituted by paragraph 9 of this Schedule.

SCHEDULE 2

Application for registration

1

• (1) Any person who is an owner of any land to which an old mining permission relates, or is entitled to an interest in a mineral to which such a permission relates, may apply to the mineral planning authority for the permission to be registered.

• (2) The application must specify the development which the applicant claims is authorised by the permission, including the land to which the permission relates, and the conditions (if any) to which the permission is subject.

• (3) The application must be served on the mineral planning authority before the end of the period of six months beginning with the day on which this Schedule comes into force.

• (4) On an application under this paragraph, the mineral planning authority must—

• (a) if they are satisfied that (apart from section 22(3) of this Act) the permission authorises development consisting of the winning and working of minerals or involving the depositing of mineral waste, ascertain—

• (i) the area of land to which the permission relates, and

• (ii) the conditions (if any) to which the permission is subject,

and grant the application, and

• (b) in any other case, refuse the application.

• (5) Where—

• (a) application has been made under this paragraph, but

• (b) the mineral planning authority have not given the applicant notice of their determination within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority),

the application is to be treated for the purposes of section 22 of this Act and this Schedule as having been refused by the authority.

Determination of conditions

2

• (1) The conditions to which an old mining permission is to be subject—

• (a) may include any conditions which may be imposed on a grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste,

• (b) may be imposed in addition to, or in substitution for, any conditions ascertained under paragraph 1(4)(a) above, and

• (c) must include a condition that the winning and working of minerals or depositing of mineral waste must cease not later than 21st February 2042.

• (2) Where an application for the registration of an old mining permission has been granted, any person who is an owner of any land to which the permission relates, or is entitled to an interest in a mineral to which the permission relates, may apply to the mineral planning authority to determine the conditions to which the permission is to be subject.

• (3) The application must set out proposed conditions.

• (4) The application must be served on the mineral planning authority—

• (a) after the date mentioned in sub-paragraph (5) below, and

• (b) except where section 22(3) of this Act applies, before the end of the period of twelve months beginning with that date or such extended period as may at any time be agreed upon in writing between the applicant and the authority.

• (5) The date referred to in sub-paragraph (4) above is—

• (a) the date on which the application for registration is granted by the mineral planning authority, if no appeal is made to the Secretary of State under paragraph 5 below, and

• (b) in any other case, the date on which the application for registration is finally determined.

• (6) On an application under this paragraph—

• (a) the mineral planning authority must determine the conditions to which the permission is to be subject, and

• (b) if, within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority) the authority have not given the applicant notice of their determination, the authority shall be treated for the purposes of section 22 of this Act and this Schedule as having determined that the permission is to be subject to the conditions set out in the application.

• (7) The condition to which an old mining permission is to be subject by reason of sub-paragraph (1)(c) above is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 72(1)(b) of the principal Act (planning permission granted for a limited period).

• (8) This paragraph does not apply to an old mining permission which has ceased to have effect since the application under paragraph 1 above was granted.

Registration

3

• (1) Where an application for the registration of an old mining permission is granted, the permission must be entered in the appropriate part of the register kept under section 69 of the principal Act and the entry must specify the area of land ascertained under paragraph 1(4)(a) above.

• (2) Where an application to determine the conditions to which an old mining permission is to be subject is finally determined, the conditions must be entered in the appropriate part of that register.

• (3) The matters required to be entered in the register under this paragraph must be entered as soon as reasonably practicable.

General provisions about applications

4

• (1) An application under paragraph 1 or 2 above is an application which is—

• (a) made on an official form, and

• (b) accompanied by an appropriate certificate.

• (2) The applicant must, so far as reasonably practicable, give the information required by the form.

• (3) Where the mineral planning authority receive an application under paragraph 1 or 2 above, they must as soon as reasonably practicable give to the applicant a written acknowledgement of the application.

• (4) Where the mineral planning authority determine an application under either of those paragraphs, they must as soon as reasonably practicable give written notice of their determination to the applicant.

• (5) An appropriate certificate is such a certificate—

• (a) as would be required under the provisions mentioned in sub-paragraph (6) or, as the case may be, (7) below to accompany the application if it were an application for planning permission for development consisting of the winning and working of minerals or, as the case may be, involving the depositing of mineral waste, but

• (b) with such modifications as are required for the purposes of this Schedule.

• (6) For the purposes of paragraph 1 above, the provisions referred to in sub-paragraph (5) above are—

• (a) sections 66 to 68 of the principal Act (notification of owners and agricultural tenants) and any provisions of a development order made by virtue of those sections, or

• (b) where section 16(1) of this Act is in force, any provision, corresponding to the provisions referred to in paragraph (a) above, of section 65 of that Act (notice etc. of applications) and of a development order made by virtue of that section.

• (7) For the purposes of paragraph 2 above, the provisions referred to in sub-paragraph (5) above are—

• (a) sections 65 to 68 of the principal Act (publicity for applications) and any provision of a development order made by virtue of those sections, or

• (b) where section 16(1) of this Act is in force, section 65 of that Act and any provision of a development order made by virtue of that section.

• (8) Section 68(1) or, as the case may be, 65(5) of that Act (offences) shall also have effect in relation to any certificate purporting to be an appropriate certificate.

Right of appeal

5

• (1) Where the mineral planning authority—

• (a) refuse an application under paragraph 1 above, or

• (b) in granting such an application, ascertain an area of land, or conditions, which differ from those specified in the application,

the applicant may appeal to the Secretary of State.

• (2) Where on an application under paragraph 2 above, the mineral planning authority determine conditions that differ in any respect from the conditions set out in the application, the applicant may appeal to the Secretary of State.

• (3) An appeal under this paragraph must be made by giving notice of appeal to the Secretary of State.

• (4) In the case of an appeal under sub-paragraph (1) above, the notice must be given to the Secretary of State before the end of the period of three months beginning with the determination or, in the case of an application treated as refused by virtue of paragraph 1(5) above, beginning at the end of the period or extended period referred to in paragraph 1(5)(b).

• (5) In the case of an appeal under sub-paragraph (2) above, the notice must be given to the Secretary of State before the end of the period of six months beginning with the determination.

• (6) A notice of appeal under this paragraph is a notice which—

• (a) is made on an official form, and

• (b) is accompanied by an appropriate certificate.

• (7) The appellant must, so far as reasonably practicable, give the information required by the form.

• (8) Paragraph 4(5) to (8) above shall apply for the purposes of sub-paragraph (7) above as it applies for the purposes of paragraph 4(1) above.

• (9) Schedule 6 to the principal Act (determination of appeals by persons appointed by Secretary of State) applies to appeals under this paragraph.

Determination of appeal

6

• (1) On an appeal under paragraph 5 above the Secretary of State may—

• (a) allow or dismiss the appeal, or

• (b) reverse or vary any part of the decision of the mineral planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

• (2) Before determining such an appeal the Secretary of State must, if either the appellant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

• (3) If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

• (a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal, and

• (b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

• (4) The decision of the Secretary of State on such an appeal shall be final.

Reference of applications to Secretary of State

7

• (1) The Secretary of State may give directions requiring applications under this Schedule to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority.

• (2) The direction may relate either to a particular application or to applications of a class specified in the direction.

• (3) Where an application is referred to him under this paragraph—

• (a) subject to paragraph (b) and sub-paragraph (4) below, the following provisions of this Schedule—

• (i) paragraph 1(1) to (4),

• (ii) paragraph 2(1) to (6)(a), (7) and (8),

• (iii) paragraphs 3 and 4, and

• (iv) paragraphs 8 to 10,

shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the mineral planning authority,

• (b) before determining the application the Secretary of State must, if either the applicant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and

• (c) the decision of the Secretary of State on the application shall be final.

• (4) Where an application under paragraph 1 above is so referred to him, paragraph 2(5) above shall apply as if for paragraphs (a) and (b) there were substituted “the date on which the application for registration is finally determined”.

Two or more applicants

8

• (1) Where a person has served an application under paragraph 1 or 2 above in respect of an old mining permission—

• (a) he may not serve any further application under the paragraph in question in respect of the same permission, and

• (b) if the application has been determined, whether or not it has been finally determined, no other person may serve an application under the paragraph in question in respect of the same permission.

• (2) Where—

• (a) a person has served an application under paragraph 1 or 2 above in respect of an old mining permission, and

• (b) another person duly serves an application under the paragraph in question in respect of the same permission,

then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application served on the date on which the later application was served and references to the applicant shall be read as references to either or any of the applicants.

Application of provisions of principal Act

9

• (1) Subject to paragraph 3 above, section 69 of the principal Act (registers of applications, etc.), and any provision of a development order made by virtue of that section, shall have effect with any necessary modifications as if references to applications for planning permission included applications under paragraph 1 or 2 above.

• (2) Where the mineral planning authority is not the authority required to keep the register under that section, the mineral planning authority must provide the authority required to keep the register with such information and documents as that authority requires to comply with paragraph 3 above and with that section as applied by this paragraph.

• (3) Sections 284 and 288 of the principal Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 284(3) included any decision of the Secretary of State on an appeal under paragraph 5 above or on an application referred to him under paragraph 7 above.

Interpretation

10

• (1) In this Schedule—

• “official form” means, in relation to an application or appeal, a document supplied by or on behalf of the Secretary of State for use for the purpose in question, and

• “owner” in relation to any land means any person who—

• (a) is the estate owner in respect of the fee simple, or

• (b) is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired.

• (2) For the purposes of section 22 of this Act and this Schedule, an application under paragraph 1 or 2 above is finally determined when the following conditions are met—

• (a) the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the principal Act, have been determined, and

• (b) any time for appealing under paragraph 5 above, or applying or further applying under that section, (where there is a right to do so) has expired.

SCHEDULE 3

Part I — Changes relating to enforcement

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

1

In section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (offences: penalties)—

• (a) for subsection (4) there is substituted—

(4) A person who is guilty of an offence under this section shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000, or both; or (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

; and

• (b) in subsection (5) “on indictment” is omitted.

2

For section 38(5) and (6) of that Act (withdrawal of notices) there is substituted—

(5) The local planning authority may— (a) withdraw a listed building enforcement notice (without prejudice to their power to issue another); or (b) waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 38(3), and the powers conferred by this subsection may be exercised whether or not the notice has taken effect. (6) The local planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it

.

3

• (1) Section 39 of that Act (appeals) is amended as follows.

• (2) For subsection (1)(b) and (c) there is substituted—

(b) that the matters alleged to constitute a contravention of section 9(1) or (2) have not occurred; (c) that those matters (if they occurred) do not constitute such a contravention

.

• (3) For subsection (2) there is substituted—

(2) An appeal under this section shall be made either— (a) by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or (b) by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.

• (4) In subsection (3) after “shall” there is inserted “ subject to any order under section 65(3A) ”.

4

For section 41(1) and (2) (power to correct or vary enforcement notice on appeal) there is substituted—

(1) On an appeal under section 39 the Secretary of State may— (a) correct any defect, error or misdescription in the listed building enforcement notice; or (b) vary the terms of the listed building enforcement notice, if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority. (2) Where the Secretary of State determines to allow the appeal, he may quash the notice. (2A) The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.

5

For section 42(6) of that Act (power to execute works required by listed building enforcement notice) there is substituted—

(6) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

6

For section 43 of that Act (penalties for non-compliance) there is substituted—

(43) (1) Where, at any time after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is then owner of the land is in breach of the notice. (2) If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence. (3) An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence. (4) In proceedings against any person for an offence under this section, it shall be a defence for him to show— (a) that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or (b) that he was not served with a copy of the listed building enforcement notice and was not aware of its existence. (5) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to a fine not exceeding £20,000; and (b) on conviction on indictment, to a fine. (6) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

7

After section 44 of that Act there is inserted—

(44A) (1) Where a local planning authority consider it necessary or expedient for any actual or apprehended contravention of section 9(1) or (2) to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Part. (2) On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention. (3) Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown. (4) The references in subsection (1) to a local planning authority include, as respects England, the Commission. (5) In this section “the court” means the High Court or the county court.

8

• (1) Section 65 of that Act (appeals to High Court) is amended as follows.

• (2) After subsection (3) there is inserted—

(3A) In proceedings brought by virtue of this section, the High Court or, as the case may be, the Court of Appeal may, on such terms, if any, as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the listed building enforcement notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

• (3) For subsection (5) there is substituted—

(5) No proceedings in the High Court shall be brought by virtue of this section except with the leave of that Court and no appeal to the Court of Appeal shall be so brought except with the leave of the Court of Appeal or of the High Court.

9

• (1) In section 88 of that Act (rights of entry)—

• (a) in subsection (1) after “on it” there is inserted “ or any other land ”,

• (b) in subsection (2)(a) after “surveying it” there is inserted “ or any other land ”,

• (c) in subsection (2)(b) after “complied with” there is inserted “ in relation to the land or any other land ”,

• (d) in subsection (2)(c) after “on the land” there is inserted “ or any other land ”,

• (e) in subsection (2)(d) for “such building” there is substituted “ building on the land or any other land ”,

• (f) in subsection (3)(a) after “section 59” there is inserted “ in relation to the land or any other land ”, and

• (g) in subsection (3)(b) and (c) after “the land” there is inserted “ or any other land ”.

• (2) For subsection (7) of that section there is substituted—

(88A) (1) 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 entering any land for any of the purposes mentioned in section 88; and (b) that— (i) admission to the land has been refused, or a refusal is reasonably apprehended; or (ii) the case is one of urgency, the justice may issue a warrant authorising any person duly authorised in writing by the appropriate authority to enter the land. (2) In subsection (1) “the appropriate authority” means the person who may authorise entry on the land under section 88 for the purpose in question. (3) For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period. (4) A warrant authorises entry on one occasion only and that entry must be— (a) within one month from the date of the issue of the warrant; and (b) at a reasonable hour, unless the case is one of urgency. (88B) (1) A person authorised under section 88 to enter any land shall not demand admission as of right to any land which is occupied unless twenty-four hours notice of the intended entry has been given to the occupier. (2) A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 88 or 88A (referred to in this section as “a right of entry”)— (a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering; (b) may take with him such other persons as may be necessary; and (c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it. (3) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence. (5) Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land. (6) A person who is guilty of an offence under subsection (4) shall be liable— (a) on summary conviction to a fine not exceeding the statutory maximum, or (b) on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both. (7) If any damage is caused to land or chattels in the exercise of— (a) a right of entry; or (b) a power conferred by virtue of section 88(6) in connection with such a right, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 118 of the principal Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part IV of that Act. (8) No person shall carry out any works in exercise of a power conferred under section 88 unless notice of his intention to do so was included in the notice required by subsection (1). (9) The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 88 if— (a) the land in question is held by statutory undertakers; and (b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking. (10) Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (9) as it applies for the purposes of section 325(9) of the principal Act.

Planning (Hazardous Substances) Act 1990 (c. 10.)

10

In section 23(4) of the Planning (Hazardous Substances) Act 1990 (offences)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for the words following paragraph (b) there is substituted—

(4A) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence

.

11

In section 24 of that Act (hazardous substances contravention notices)—

• (a) in subsection (1)(b) after “remedy” there is inserted “ wholly or partly ”, and

• (b) in subsection (8) after “before” there is inserted “ or after ”, and

• (c) at the end of subsection (9) there is inserted “ or would, if the notice were re-issued, be served with a copy of it ”.

12

After that section there is inserted—

(24A) (1) A hazardous substances authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 24(5)(b) in the notice. (2) The powers conferred by subsection (1) may be exercised before or after the notice takes effect. (3) The hazardous substances authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.

13

In section 25(2) of that Act (contravention notices: effect of appeal) after “shall” there is inserted “ subject to regulations under this section ”.

14

After section 26(2) of that Act (transitional exemptions) there is inserted—

(2A) This section shall have effect until the end of the transitional period.

15

After section 26 of that Act there is inserted—

(26AA) (1) Where a hazardous substances authority consider it necessary or expedient for any actual or apprehended contravention of hazardous substances control to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Act. (2) On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention. (3) Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown. (4) In this section “the court” means the High Court or the county court.

16

• (1) Section 36 of that Act (rights of entry) is amended as follows.

• (2) In subsection (4) after “contravention notice” there is inserted “ or a notice under section 183 of the principal Act (as applied by regulations made by virtue of section 25) ”.

• (3) For subsection (6) there is substituted—

(36A) (1) 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 entering any land for any of the purposes mentioned in section 36; and (b) that— (i) admission to the land has been refused, or a refusal is reasonably apprehended; or (ii) the case is one of urgency, the justice may issue a warrant authorising any person duly authorised in writing by a hazardous substances authority to enter the land. (2) For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period. (3) A warrant authorises entry on one occasion only and that entry must be— (a) within one month from the date of the issue of the warrant; and (b) at a reasonable hour, unless the case is one of urgency. (36B) (1) A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 36 or 36A (referred to in this section as “a right of entry”)— (a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering; (b) may take with him such other persons as may be necessary; and (c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it. (2) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence. (4) Subsection (3) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land. (5) A person who is guilty of an offence under subsection (3) shall be liable— (a) on summary conviction to a fine not exceeding the statutory maximum, or (b) on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both. (6) If any damage is caused to land or chattels in the exercise of— (a) a right of entry; or (b) a power conferred by virtue of section 36(5) in connection with such a right, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 118 of the principal Act shall apply in relation to compensation under this section as it applies in relation to compensation under Part IV of that Act. (7) The authority of the appropriate Minister shall be required for the carrying out of works in the exercise of a power under section 36 if— (a) the land in question is held by statutory undertakers, and (b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking. (8) Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (7) as it applies for the purposes of section 325(9) of the principal Act.

Part II — Minor and Consequential Amendments

Local Government, Planning and Land Act 1980 (c. 65.)

17

In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 there listed: 44A, 88 and 88A.

Housing Act 1988 (c. 50.)

18

In section 67(3A) of the Housing Act 1988 for “25 and 36” there is substituted “ 26AA, 36 and 36A ”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9.)

19

In section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990—

• (a) in subsection (2) “within such period as may be so specified” is omitted,

• (b) for subsection (3) there is substituted—

(3) A listed building enforcement notice— (a) shall specify the date on which it is to take effect and, subject to sections 39(3) and 65(3A), shall take effect on that date, and (b) shall specify the period within which any steps are required to be taken and may specify different periods for different steps, and, where different periods apply to different steps, references in this Part to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.

, and

• (c) in subsection (4) for “specified date” there is substituted “ date specified in it as the date on which it is to take effect ”.

20

In section 39(7) of that Act “in writing” is omitted.

21

In section 42 of that Act—

• (a) in subsection (1) for “compliance period” there is substituted “ period for compliance with the notice ”, and

• (b) subsection (7) is omitted.

22

In section 46(4) of that Act for “sections 42 and 43” there is substituted “ section 42 ” and for “those sections” there is substituted “ that section ”.

23

Section 55(6) of that Act is omitted.

24

In section 82 of that Act—

• (a) in subsection (1) for “39(6), 42(6) and 55(6)” there is substituted “ and 39(6) ”, and

• (b) in subsection (3) for “sections 39(6) and 42(6)” there is substituted “ section 39(6) ”.

25

In section 88(6) of that Act for “subsection (7)” there is substituted “ section 88B(8) ” and “or the presence of minerals in it” is omitted.

26

In section 90(6)(b) of that Act “and 42(6)” is omitted.

27

In section 92(2)(b) of that Act “and 42(6)” is omitted.

28

In Schedule 3 to that Act, in paragraph 2(1)(b), after “section 41(1), (2)” there is inserted “ (2A) ”.

29

In Schedule 4 to that Act, in paragraph 5(b) for “and 88(2)(a) and (b)” there is substituted “ 44A, 88(2)(a) and (b) and 88A ”.

Planning (Hazardous Substances) Act 1990 (c. 10)

30

In section 25(1) of the Planning (Hazardous Substances) Act 1990—

• (a) in paragraph (b)(v) for “175(1) to (4)” there is substituted “ 175(1) to (3) ”, and

• (b) in paragraph (c) “(1) to (5) and (7)” is omitted.

31

In section 31(2) of that Act for “or 24” there is substituted “ 24 or 26AA ”.

32

In section 36(5) of that Act “Subject to subsection (6)” is omitted.

SCHEDULE 4

Part I — Streamlining of Development Plan System

1

Part II of the principal Act (development plans) is amended as follows.

Unitary development plans

2

• (1) In section 12 (content of unitary development plan), in subsection (3) for the words from “other” to the end there is substituted

use of land in their area. (3A) The policies shall, subject to subsection (3B), include policies in respect of— (a) the conservation of the natural beauty and amenity of the land; (b) the improvement of the physical environment; and (c) the management of traffic. (3B) Regulations under this section may prescribe the aspects of such development and use with which the general policies in Part I of a unitary development plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.

• (2) In subsection (4)(a) of that section “other”, in the second place where it occurs, and “or for any description of development or other use of such land” are omitted.

• (3) For subsection (6) of that section there is substituted—

(6) In formulating the general policies in Part I of a unitary development plan the authority shall have regard to— (a) any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan; (b) current national policies; (c) the resources likely to be available; and (d) such other matters as the Secretary of State may prescribe or, in a particular case, direct.

• (4) After subsection (7) of that section there is inserted—

(7A) In formulating their proposals in Part II of a unitary development plan, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.

• (5) At the end of that section there is inserted—

(10) Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State.

3

After that section there is inserted—

(12A) (1) The Secretary of State may direct that a unitary development plan— (a) shall not be prepared; or (b) shall not operate, in relation to the area of an urban development corporation. (2) The Secretary of State may direct that proposals for the alteration or replacement of a unitary development plan shall not be prepared in relation to the area of an urban development corporation.

4

For section 13 (publicity in connection with preparation of unitary development plan) there is substituted—

(13) (1) When preparing a unitary development plan for their area and before finally determining its contents the local planning authority shall— (a) comply with— (i) any requirements imposed by regulations made under section 26; and (ii) any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and (b) consider any representations made in accordance with those regulations. (2) Where the local planning authority have prepared a unitary development plan, before adopting it they shall— (a) make copies of it available for inspection at such places as may be prescribed by those regulations; (b) send a copy to the Secretary of State; and (c) comply with any requirements imposed by those regulations. (3) Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority. (4) In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 26 and in this Chapter “objections made in accordance with the regulations” means objections made— (a) in accordance with regulations made under that section; and (b) within the prescribed period. (5) The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State. (6) A unitary development plan shall not be adopted by the authority under section 15 until— (a) after they have considered any objections made in accordance with the regulations; or (b) if no such objections are made, after the expiry of the prescribed period.

5

In section 14 (withdrawal of unitary development plan)—

• (a) in subsections (2) and (4) for “13(3)” there is substituted “ 13(2) ”; and

• (b) subsection (3) (concerning publicity) is omitted.

6

In section 15 (adoption of unitary development plan by local planning authority) for subsection (1) there is substituted—

(1) Subject to the following provisions of this section and sections 17 and 18, the local planning authority may by resolution adopt the unitary development plan, either as originally prepared or as modified so as to take account of— (a) any objections to the plan; or (b) any other considerations which appear to them to be material.

7

In section 16 (local inquiries) for subsection (1) there is substituted—

(1) Where any objections have been made, in accordance with the regulations, to proposals for a unitary development plan copies of which have been made available for inspection under section 13(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections. (1A) The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals. (1B) The local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.

8

In section 17(1) (direction to consider proposals) for “consider modifying” there is substituted “ modify ”.

9

In sections 17(1) and 18(1) for “13(3)”, in both places where it occurs, there is substituted “ 13(2) ”.

10

In section 19(2) (approval of unitary development plan by Secretary of State) after “taken into account in” there is inserted “ preparing ”.

11

In section 20(1) (local inquiry, public examination and consultation by Secretary of State) for “regulations under this Chapter” there is substituted “ the regulations. ”

12

• (1) In section 21 (alteration or replacement of unitary development plan) for subsection (1) there is substituted—

(1) A local planning authority may at any time prepare proposals— (a) for alterations to the unitary development plan for their area; or (b) for its replacement. (1A) If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for— (a) such alterations to the unitary development plan as he directs; or (b) its replacement. (1B) An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a unitary development plan if the plan or any part of it has been approved by the Secretary of State.

• (2) In subsection (2) of that section “Subject to section 22” is omitted.

13

Section 22 (short procedure for certain alterations and replacements) is omitted.

14

In section 23 (joint unitary development plans)—

• (a) subsections (2) to (4) and (9) and (10) are omitted;

• (b) in subsection (5) for “(3)” there is substituted “ (2) ”;

• (c) in subsection (6) for “(4)” there is substituted “ (3) ”; and

• (d) in subsection (8) for “making” there is substituted “ preparing ” and for “make” there is substituted “ prepare ”.

15

In section 26(2) (regulations with respect to publicity, etc. for unitary development plans)—

• (a) after paragraph (c) there is inserted—

(cc) make provision with respect to the circumstances in which representations with respect to the matters to be included in a plan or proposals are to be treated, for any of the purposes of this Chapter, as being objections made in accordance with the regulations;

• (b) in paragraph (f) for the words from “for the purpose” to “22(2)(b)” there is substituted “ in compliance with the regulations or available for inspection under section 13(2) ”; and

• (c) after that paragraph there is inserted—

(ff) make provision for steps taken in compliance with the regulations in respect of a unitary development plan which has been withdrawn to be taken into account in prescribed circumstances for the purposes of complying with the regulations in respect of a subsequent unitary development plan;

.

Structure and local plans

16

In section 31 (structure plans: continuity, form and content), for subsections (2) to (5) there is substituted—

(2) A structure plan shall contain a written statement formulating the authority’s general policies in respect of the development and use of land in their area. (3) The policies shall, subject to subsection (4), include policies in respect of— (a) the conservation of the natural beauty and amenity of the land; (b) the improvement of the physical environment; and (c) the management of traffic. (4) Regulations under this section may prescribe the aspects of such development and use with which the general policies in a structure plan are to be concerned, in which case the policies shall be concerned with those aspects and no others. (5) A structure plan shall also contain — (a) such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies as may be prescribed; and (b) such other matters as the Secretary of State may, in any particular case, direct. (6) In formulating their general policies the authority shall have regard to— (a) any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan; (b) current national policies; (c) the resources likely to be available; and (d) such other matters as the Secretary of State may prescribe or, in a particular case, direct. (7) Where there is in operation, by virtue of section 7(7) of the 1971 Act, a structure plan relating to part of the area of a local planning authority, the authority shall, within such period (if any) as the Secretary of State may direct, prepare proposals for replacing the structure plans for the time being in operation with a single structure plan relating to the whole of their area. (8) The following provisions of this Chapter apply to such replacement as they apply to replacement in exercise of the power in section 32(1)(b). (9) Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State. (10) For the purposes of this section, except subsection (6)(b), “policies” includes proposals.

17

For sections 32 to 41 (provisions with respect to the alteration and replacement of structure plans and the making, alteration and replacement of local plans and related provisions) there is substituted—