Planning and Compulsory Purchase Act 2004

(20A) (1) This section applies if a person who has made an application mentioned in section 20(1)(a) appeals to the Secretary of State under section 20(2). (2) At any time before the end of the additional period the local planning authority may give the notice referred to in section 20(2). (3) If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application— (a) the appeal must be treated as an appeal under section 20(1) against the refusal; (b) the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal; (c) the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal. (4) If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity— (a) to proceed with the appeal as an appeal under section 20(1) against the grant of the application subject to conditions; (b) to revise the grounds of the appeal; (c) to change any option the person has chosen relating to the procedure for the appeal. (5) The Secretary of State must not issue his decision on the appeal before the end of the additional period. (6) The additional period is the period prescribed for the purposes of this section and which starts on the day on which the person appeals under section 20(2).

• (3) This section has effect only in relation to relevant applications which are received by the local planning authority after the commencement of this section.

• (4) The following are relevant applications—

• (a) an application mentioned in section 78(1)(a) of the principal Act;

• (b) an application mentioned in section 20(1)(a) of the listed buildings Act;

• (c) an application mentioned in section 20(1)(a) of the listed buildings Act as given effect by section 74(3) of that Act (application of certain provisions to the control of demolition in conservation areas).

Duration of permission and consent

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• (1) Section 91 of the principal Act (limit on duration of planning permission) is amended as follows—

• (a) in subsections (1)(a) and (3) for the words “five years” there is substituted “ three years ”;

• (b) after subsection (3) there are inserted the following subsections—

(3A) Subsection (3B) applies if any proceedings are begun to challenge the validity of a grant of planning permission or of a deemed grant of planning permission. (3B) The period before the end of which the development to which the planning permission relates is required to be begun in pursuance of subsection (1) or (3) must be taken to be extended by one year. (3C) Nothing in this section prevents the development being begun from the time the permission is granted or deemed to be granted.

• (2) In section 92 of that Act (outline planning permission)—

• (a) in subsection (2)(b) sub-paragraph (i) is omitted;

• (b) in subsection (2)(b) in sub-paragraph (ii) the words “if later” are omitted;

• (c) in subsection (4) “five years” is omitted.

• (3) In section 73 of the principal Act (applications to develop land without compliance with existing conditions) after subsection (4) there is inserted the following subsection—

(5) Planning permission must not be granted under this section to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which— (a) a development must be started; (b) an application for approval of reserved matters (within the meaning of section 92) must be made.

• (4) Section 18 of the listed buildings Act (limit of duration of listed buildings consent) is amended as follows—

• (a) in subsections (1)(a) and (2) for the words “five years” there is substituted “ three years ”;

• (b) after subsection (2) there are inserted the following subsections—

(2A) Subsection (2B) applies if any proceedings are begun to challenge the validity of a grant of listed building consent or of a deemed grant of listed building consent. (2B) The period before the end of which the works to which the consent relates are required to be begun in pursuance of subsection (1) or (2) must be taken to be extended by one year. (2C) Nothing in this section prevents the works being begun from the time the consent is granted.

• (5) In section 19 of that Act (variation or discharge of conditions) after subsection (4) there is inserted the following subsection—

(5) But a variation or discharge of conditions under this section must not— (a) vary a condition subject to which a consent was granted by extending the time within which the works must be started; (b) discharge such a condition.

• (6) This section has effect only in relation to applications made under the principal Act or the listed buildings Act which are received by the local planning authority after the commencement of the section.

Temporary stop notice

52

After section 171D of the principal Act (penalties for non-compliance with planning contravention notice) there are inserted the following sections—

(171E) (1) This section applies if the local planning authority think— (a) that there has been a breach of planning control in relation to any land, and (b) that it is expedient that the activity (or any part of the activity) which amounts to the breach is stopped immediately. (2) The authority may issue a temporary stop notice. (3) The notice must be in writing and must— (a) specify the activity which the authority think amounts to the breach; (b) prohibit the carrying on of the activity (or of so much of the activity as is specified in the notice); (c) set out the authority’s reasons for issuing the notice. (4) A temporary stop notice may be served on any of the following— (a) the person who the authority think is carrying on the activity; (b) a person who the authority think is an occupier of the land; (c) a person who the authority think has an interest in the land. (5) The authority must display on the land— (a) a copy of the notice; (b) a statement of the effect of the notice and of section 171G. (6) A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (5). (7) A temporary stop notice ceases to have effect— (a) at the end of the period of 28 days starting on the day the copy notice is so displayed, (b) at the end of such shorter period starting on that day as is specified in the notice, or (c) if it is withdrawn by the local planning authority. (171F) (1) A temporary stop notice does not prohibit— (a) the use of a building as a dwelling house; (b) the carrying out of an activity of such description or in such circumstances as is prescribed. (2) A temporary stop notice does not prohibit the carrying out of any activity which has been carried out (whether or not continuously) for a period of four years ending with the day on which the copy of the notice is first displayed as mentioned in section 171E(6). (3) Subsection (2) does not prevent a temporary stop notice prohibiting— (a) activity consisting of or incidental to building, engineering, mining or other operations, or (b) the deposit of refuse or waste materials. (4) For the purposes of subsection (2) any period during which the activity is authorised by planning permission must be ignored. (5) A second or subsequent temporary stop notice must not be issued in respect of the same activity unless the local planning authority has first taken some other enforcement action in relation to the breach of planning control which is constituted by the activity. (6) In subsection (5) enforcement action includes obtaining the grant of an injunction under section 187B. (171G) (1) A person commits an offence if he contravenes a temporary stop notice— (a) which has been served on him, or (b) a copy of which has been displayed in accordance with section 171E(5). (2) Contravention of a temporary stop notice includes causing or permitting the contravention of the notice. (3) An offence under this section may be charged by reference to a day or a longer period of time. (4) A person may be convicted of more than one such offence in relation to the same temporary stop notice by reference to different days or periods of time. (5) A person does not commit an offence under this section if he proves— (a) that the temporary stop notice was not served on him, and (b) that he did not know, and could not reasonably have been expected to know, of its existence. (6) A person convicted of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding £20,000; (b) on conviction on indictment, to a fine. (7) In determining the amount of the fine the court must have regard in particular to any financial benefit which has accrued or has appeared to accrue to the person convicted in consequence of the offence. (171H) (1) This section applies if and only if a temporary stop notice is issued and at least one of the following paragraphs applies— (a) the activity which is specified in the notice is authorised by planning permission or a development order or local development order; (b) a certificate in respect of the activity is issued under section 191 or granted under that section by virtue of section 195; (c) the authority withdraws the notice. (2) Subsection (1)(a) does not apply if the planning permission is granted on or after the date on which a copy of the notice is first displayed as mentioned in section 171E(6). (3) Subsection (1)(c) does not apply if the notice is withdrawn following the grant of planning permission as mentioned in subsection (2). (4) A person who at the time the notice is served has an interest in the land to which the notice relates is entitled to be compensated by the local planning authority in respect of any loss or damage directly attributable to the prohibition effected by the notice. (5) Subsections (3) to (7) of section 186 apply to compensation payable under this section as they apply to compensation payable under that section; and for that purpose references in those subsections to a stop notice must be taken to be references to a temporary stop notice.

Fees and charges

53

• (1) Section 303 (fees for planning applications, etc) of the principal Act is amended as follows.

• (2) The following subsections are substituted for subsections (1) and (2)—

(1) The appropriate authority may by regulations make provision for the payment of a charge or fee to a local planning authority in respect of— (a) the performance by the local planning authority of any function they have; (b) anything done by them which is calculated to facilitate or is conducive or incidental to the performance of any such function. (2) The regulations may prescribe— (a) the person by whom the charge or fee is payable; (b) provision as to the calculation of the charge or fee (including the person by whom it is to be calculated); (c) circumstances in which no charge or fee is to be paid; (d) circumstances in which a charge or fee is to be transferred from one local planning authority to another. (2A) The appropriate authority is— (a) the Secretary of State in relation to England; (b) the National Assembly for Wales in relation to Wales, and in the case of regulations made by the National Assembly for Wales section 333(3) must be ignored.

• (3) In subsection (4) after the first “prescribed” there is inserted “ charge or ”.

• (4) After subsection (5) there are inserted the following subsections—

(5A) If the local planning authority calculate the amount of fees or charges in pursuance of provision made by regulations under subsection (1) the authority must secure that, taking one financial year with another, the income from the fees or charges does not exceed the cost of the performance of the function or doing of the thing (as the case may be). (5B) A financial year is the period of 12 months beginning with 1 April.

• (5) Subsection (6) is omitted.

Duty to respond to consultation

54

• (1) This section applies to a prescribed requirement to consult any person or body (the consultee) which exercises functions for the purposes of any enactment.

• (2) A prescribed requirement to consult is a requirement—

• (a) with which the appropriate authority or a local planning authority must comply before granting any permission, approval or consent under or by virtue of the planning Acts;

• (b) which is prescribed for the purposes of this subsection.

• (3) At any time before an application is made for any permission, approval or consent mentioned in subsection (2) any person may in relation to a proposed development consult the consultee on any matter in respect of which the appropriate authority is or the local planning authority are required to consult the consultee.

• (4) The consultee must give a substantive response to any consultation mentioned in subsection (2) or by virtue of subsection (3) before the end of—

• (a) the period prescribed for the purposes of this subsection, or

• (b) such other period as is agreed in writing between the consultee and the appropriate authority or the local planning authority (as the case may be).

• (5) The appropriate authority may also prescribe—

• (a) the procedure to be followed for the purposes of this section;

• (b) the information to be provided to the consultee for the purposes of the consultation;

• (c) the requirements of a substantive response.

• (6) Anything prescribed for the purposes of subsections (1) to (5) must be prescribed by development order.

• (7) A development order may—

• (a) require consultees to give the appropriate authority a report as to their compliance with subsection (4);

• (b) prescribe the form and content of the report;

• (c) prescribe the times at which the report is to be made.

• (8) The appropriate authority is—

• (a) the Secretary of State in relation to England;

• (b) the National Assembly for Wales in relation to Wales.

Time in which Secretary of State to take decisions

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• (1) Schedule 2 contains provisions about the time in which the Secretary of State must take certain decisions.

• (2) But Schedule 2 does not apply in relation to any decision taken in the exercise of a function in relation to Wales if the function is exercisable in relation to Wales by the National Assembly for Wales by virtue of an order under section 22 of the Government of Wales Act 1998 (c. 38).

Part 5 — Correction of errors

Correction of errors in decisions

56

• (1) This section applies if the Secretary of State or an inspector issues a decision document which contains a correctable error.

• (2) The Secretary of State or the inspector (as the case may be) may correct the error—

• (a) if he is requested to do so in writing by any person;

• (b) if he sends a statement in writing to the applicant which explains the error and states that he is considering making the correction.

• (3) But the Secretary of State or inspector must not correct the error unless—

• (a) not later than the end of the relevant period he receives a request mentioned in subsection (2)(a) or sends a statement mentioned in subsection (2)(b), and

• (b) he informs the local planning authority of that fact, ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The relevant period—

• (a) is the period within which an application or appeal may be made to the High Court in respect of the decision recorded in the decision document;

• (b) does not include any time by which such a period may be extended by the High Court.

• (5) It is immaterial whether any such application or appeal is made.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Correction notice

57

• (1) If paragraph (a) or (b) of section 56(2) applies the Secretary of State or the inspector must as soon as practicable after making any correction or deciding not to make any correction issue a notice in writing (a correction notice) which—

• (a) specifies the correction of the error, or

• (b) gives notice of his decision not to correct such an error.

• (2) The Secretary of State or the inspector (as the case may be) must give the correction notice to—

• (a) the applicant;

• (b) if the applicant is not the owner of the land in respect of which the original decision was made, the owner;

• (c) the local planning authority for the area in which the land in respect of which the decision was made is situated;

• (d) if the correction was requested by any other person, that person.

• (3) The Secretary of State may by order specify any other person or description of persons to whom the correction notice must be given.

Effect of correction

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• (1) If a correction is made in pursuance of section 56—

• (a) the original decision is taken not to have been made;

• (b) the decision is taken for all purposes to have been made on the date the correction notice is issued.

• (2) If a correction is not made—

• (a) the original decision continues to have full force and effect;

• (b) nothing in this Part affects anything done in pursuance of or in respect of the decision.

• (3) Section 288 of the principal Act (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were an action on the part of the Secretary of State to which that section applies, if the decision document in respect of which the correction notice is given records a decision mentioned in—

• (a) paragraph (a) of section 59(4) below, or

• (b) paragraph (b) of that section, if it is a decision mentioned in section 177 of the principal Act (grant or modification of planning permission on appeal against enforcement notice).

• (4) Section 289 of the principal Act (appeals to the High Court relating to enforcement notices and notices under section 207 of that Act) applies to the correction notice as if it were a decision of the Secretary of State mentioned in—

• (a) subsection (1) of that section, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (b) of section 59(4) below (not being a decision mentioned in section 177 of the principal Act), or

• (b) subsection (2) of that section, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (c) of section 59(4) below.

• (5) Section 63 of the listed buildings Act (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were a decision of the Secretary of State to which that section applies, if the decision document in respect of which the correction notice is given records a decision mentioned in any of paragraphs (d) to (f) of section 59(4) below.

• (6) Section 22 of the hazardous substances Act (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were a decision of the Secretary of State under section 20 or 21 of that Act, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (g) of section 59(4) below.

• (7) If the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (h) of section 59(4) the Secretary of State must by order make provision for questioning the validity of the notice which corresponds to the provisions of the planning Acts mentioned in subsections (3) to (6) above.

• (8) Except to the extent provided for by virtue of this section a correction notice must not be questioned in any legal proceedings.

Supplementary

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• (1) This section applies for the purposes of this Part.

• (2) An inspector is a person appointed under any of the planning Acts to determine appeals instead of the Secretary of State or appointed under section 76D of the principal Act to determine applications instead of the Secretary of State .

• (2A) An inspector is also a person appointed under Schedule 4D of the principal Act to determine an application instead of the Welsh Ministers.

• (3) In the case of a decision document issued by an inspector any other inspector may act under this Part.

• (4) A decision document is a document which records any of the following decisions—

• (a) a decision of any description which constitutes action on the part of the Secretary of State under section 284(3) of the principal Act (decisions which are not to be questioned in legal proceedings);

• (b) a decision in proceedings on an appeal under Part 7 of that Act (enforcement notices);

• (c) a decision in proceedings on an appeal under section 208 of that Act (appeals against enforcement notices relating to trees);

• (d) a decision mentioned in section 62(2) of the listed buildings Act (decisions which are not to be questioned in legal proceedings);

• (e) a decision on an appeal under section 39 of that Act (appeals against listed building enforcement notices);

• (f) a decision relating to conservation area consent within the meaning of section 74(1) of that Act (consent required for demolition of certain buildings);

• (g) a decision under section 20 or 21 of the hazardous substances Act (certain applications referred to and appeals determined by the Secretary of State);

• (h) a decision under any of the planning Acts which is of a description specified by the Secretary of State by order.

• (5) A correctable error is an error—

• (a) which is contained in any part of the decision document which records the decision, but

• (b) which is not part of any reasons given for the decision.

• (6) The applicant is—

• (a) in the case of a decision made on an application under any of the planning Acts, the person who made the application;

• (b) in the case of a decision made on an appeal under any of those Acts, the appellant.

• (7) The owner in relation to land is a person who—

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

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

• (c) is entitled to an interest in any mineral prescribed by a development order, in the case of such applications under the principal Act as are so prescribed.

• (8) Error includes omission.

• (9) For the purposes of the exercise of any function under this Part in relation to Wales references to the Secretary of State must be construed as references to the National Assembly for Wales.

Part 6 — Wales

National Development Framework

Wales Spatial Plan

60

• (1) There must be a plan, prepared and published by the Welsh Ministers, to be known as the National Development Framework for Wales.

• (2) The Framework must set out such of the policies of the Welsh Ministers in relation to the development and use of land in Wales as the Welsh Ministers consider appropriate.

• (3) The Framework may specify that development of a particular description, in a particular area or location, is to constitute a significant infrastructure project for the purposes of the Infrastructure (Wales) Act 2024.

• (4) The Framework must give reasons for—

• (a) the policies that it sets out, and

• (b) any provision that it makes as mentioned in subsection (3).

• (5) The Framework must explain how, in preparing the Framework, the Welsh Ministers have taken into account relevant policies set out in—

• (za) the national natural resources policy published under section 9 of the Environment (Wales) Act 2016,

• (a) any marine plan adopted and published by them under Part 3 of the Marine and Coastal Access Act 2009, and

• (b) the Wales Transport Strategy published under section 2 of the Transport (Wales) Act 2006.

• (6) The Framework must specify the period for which it is to have effect.

• (7) A plan ceases to be the National Development Framework for Wales on the expiry of the period specified under subsection (6).

Survey

Survey

61

• (1) The local planning authority must keep under review the matters which may be expected to affect the development of their area or the planning of its development.

• (2) These matters include—

• (a) the principal physical, economic, social and environmental characteristics of the area of the authority (including the extent to which the Welsh language is used in the area) ;

• (b) the principal purposes for which land is used in the area;

• (c) the size, composition and distribution of the population of the area;

• (d) the communications, transport system and traffic of the area;

• (e) any other considerations which may be expected to affect those matters;

• (f) such other matters as may be prescribed or as the Assembly in a particular case may direct.

• (3) These matters also include—

• (a) any changes which the authority think may occur in relation to any other matter;

• (b) the effect such changes are likely to have on the development of the authority’s area or on the planning of such development.

• (4) The local planning authority may also keep under review and examine the matters mentioned in subsections (2) and (3) in relation to any neighbouring area to the extent that those matters may be expected to affect the area of the authority.

• (5) In exercising a function under subsection (4) a local planning authority must consult the local planning authority for the neighbouring area in question.

• (6) If a neighbouring area is in England, the reference in subsection (5) to the local planning authority for that area is to be construed as a reference to the local planning authority and the minerals and waste planning authority, in each case for the purposes of Part 2, for that area.

Plans

Local development plan

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• (1) The local planning authority must prepare a plan for their area to be known as a local development plan.

• (2) The plan must set out—

• (a) the authority’s objectives in relation to the development and use of land in their area;

• (b) their general policies for the implementation of those objectives.

• (3) The plan may also set out specific policies in relation to any part of the area of the authority.

• (3A) The plan must be in general conformity with—

• (a) the National Development Framework for Wales, and

• (b) the strategic development plan for any ... area that includes all or part of the area of the authority.

• (3B) The plan must specify the period for which it is to have effect.

• (4) Regulations under this section may —

• (a) make provision about the period that may be specified under subsection (3B);

• (b) prescribe the form and content of the plan.

• (5) In preparing a local development plan the authority must have regard to—

• (a) current national policies;

• (b) the National Development Framework for Wales;

• (ba) the strategic development plan for any ... area that—

• (i) includes all or part of the area of the authority, or

• (ii) adjoins that area;

• (bb) any area statement published under section 11 of the Environment (Wales) Act 2016 for an area that includes all or part of the area of the authority;

• (c) the RSS for any region which adjoins the area of the authority;

• (d) any relevant local well-being plan;

• (f) the resources likely to be available for implementing the plan;

• (g) such other matters as the Assembly prescribes.

• (6) The authority must also—

• (a) carry out an appraisal of the sustainability of the plan;

• (b) prepare a report of the findings of the appraisal.

• (6A) The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the area of the authority.

• (7) A local well-being plan is relevant if it has been published under section 39 , 44(5) or 47(6) or (11) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by—

• (a) in the case of an authority which is a county council or county borough council, the public services board of which that authority is a member;

• (b) in the case of an authority which is a National Park Authority, the public services board for an area that includes any part of that authority's area.

• (8) A plan is a local development plan only in so far as it—

• (a) is adopted by resolution of the local planning authority as a local development plan;

• (b) is approved by the Assembly under section 65 or 71.

• (9) A plan ceases to be a local development plan on the expiry of the period specified under subsection (3B).

Preparation requirements

63

• (1) A local development plan must be prepared in accordance with—

• (a) the local planning authority’s community involvement scheme;

• (b) the timetable for the preparation and adoption of the authority’s local development plan.

• (2) The authority’s community involvement scheme is a statement of the authority’s policy as to the involvement in the exercise of the authority’s functions under this Part of the persons to which subsection (3) applies.

• (3) The persons mentioned in subsection (2)—

• (a) must include such persons as the Assembly prescribes;

• (b) may include such other persons as appear to the authority to have an interest in matters relating to development in the area of the authority.

• (4) The authority and the Assembly must attempt to agree the terms of the documents mentioned in paragraphs (a) and (b) of subsection (1).

• (5) But to the extent that the Assembly and the authority cannot agree the terms the Assembly may direct that the documents must be in the terms specified in the direction.

• (6) The authority must comply with the direction.

• (7) The Assembly may prescribe—

• (a) the procedure in respect of the preparation of the documents mentioned in paragraphs (a) and (b) of subsection (1);

• (b) the form and content of the documents;

• (c) the time at which any step in the preparation of the documents must be taken;

• (d) publicity about the documents;

• (e) making the documents available for inspection by the public;

• (f) circumstances in which the requirements of the documents need not be complied with.

Independent examination

64

• (1) The local planning authority must submit their local development plan to the Assembly for independent examination.

• (2) But the authority must not submit a plan unless—

• (a) they have complied with any relevant requirements contained in regulations under this Part, and

• (b) they think the plan is ready for independent examination.

• (3) The authority must also send to the Assembly (in addition to the local development plan) such other documents (or copies of documents) and such information as is prescribed.

• (4) The examination must be carried out by a person appointed by the Assembly.

• (5) The purpose of the independent examination is to determine in respect of a local development plan—

• (a) whether it satisfies the requirements of sections 62 and 63 and of regulations under section 77;

• (b) whether it is sound.

• (6) Any person who makes representations seeking to change a local development plan must (if he so requests) be given the opportunity to appear before and be heard by the person carrying out the examination.

• (7) The person appointed to carry out the examination must—

• (a) make recommendations;

• (b) give reasons for the recommendations.

• (8) The local planning authority must publish the recommendations and the reasons.

Intervention by Assembly

65

• (1) If the Assembly thinks that a local development plan is unsatisfactory—

• (a) it may at any time before the plan is adopted by the local planning authority direct them to modify the plan in accordance with the direction;

• (b) if it gives such a direction it must state its reasons for doing so.

• (2) The authority—

• (a) must comply with the direction;

• (b) must not adopt the plan unless the Assembly gives notice that it is satisfied that they have complied with the direction.

• (3) But subsection (2) does not apply if the Assembly withdraws the direction.

• (4) At any time before a local development plan is adopted by a local planning authority the Assembly may direct that the plan is submitted to it for its approval.

• (5) The following paragraphs apply if the Assembly gives a direction under subsection (4)—

• (a) the authority must not take any step in connection with the adoption of the plan until the Assembly gives its decision;

• (b) if the direction is given before the authority have submitted the plan under section 64(1) the Assembly must hold an independent examination and section 64(4) to (7) applies accordingly;

• (c) if the direction is given after the authority have submitted the plan the person appointed to carry out the examination must make his recommendations to the Assembly;

• (d) the plan has no effect unless it has been approved by the Assembly.

• (6) The Assembly must publish the recommendations made to it by virtue of subsection (5)(b) or (c) and the reasons of the person making the recommendations.

• (7) In considering a plan submitted under subsection (4) the Assembly may take account of any matter which it thinks is relevant.

• (8) It is immaterial whether any such matter was taken account of by the authority.

• (9) The Assembly—

• (a) may approve, approve subject to specified modifications or reject a plan submitted to it under subsection (4);

• (b) must give reasons for its decision under paragraph (a).

• (10) In the exercise of any function under this section the Assembly must have regard to the documents mentioned in paragraphs (a) and (b) of section 63(1).

Withdrawal of local development plan

66

• (1) The Welsh Ministers may, at any time before a local development plan is adopted under section 67, direct the local planning authority to withdraw the plan.

• (2) If the Welsh Ministers give a direction under subsection (1), they must state their reasons for doing so.

• (3) The authority must withdraw the plan in accordance with the direction.

Adoption of local development plan

67

• (1) The local planning authority may adopt a local development plan as originally prepared if the person appointed to carry out the independent examination of the plan recommends that the plan as originally prepared is adopted.

• (2) The authority may adopt a local development plan with modifications if the person appointed to carry out the independent examination of the plan recommends the modifications.

• (3) A plan is adopted for the purposes of this section if it is adopted by resolution of the authority.

• (4) But the authority must not adopt a local development plan if the Assembly directs them not to do so.

Revocation of local development plan

68

The Assembly may at any time revoke a local development plan at the request of the local planning authority.

Review of local development plan

69

• (1) A local planning authority must carry out a review of their local development plan —.

• (a) if, after consideration under section 68A, they think that the plan should be reviewed, and

• (b) at such other times as the Welsh Ministers prescribe.

• (2) The authority must report to the Assembly on the findings of their review.

• (3) A review must—

• (a) be in such form as is prescribed;

• (b) be published in accordance with such requirements as are prescribed.

Revision of local development plan

70

• (1) The local planning authority may at any time prepare a revision of a local development plan.

• (2) The authority must prepare a revision of a local development plan—

• (a) if the Assembly directs them to do so;

• (b) if, following a review under section 69, they think that the plan should be revised.

• (3) This Part applies to the revision of a local development plan as it applies to the preparation of the plan.

Assembly’s default power

71

• (1) This section applies if the Assembly thinks that a local planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a local development plan.

• (2) The Assembly must hold an independent examination and section 64(4) to (7) applies accordingly.

• (3) The Assembly must publish the recommendations and reasons of the person appointed to hold the examination.

• (4) The Assembly may—

• (a) prepare or revise (as the case may be) the plan, and

• (b) approve the plan as a local development plan.

• (5) The Assembly must give reasons for anything it does in pursuance of subsection (4).

• (6) The authority must reimburse the Assembly for any expenditure it incurs in connection with anything—

• (a) which is done by it under subsection (4), and

• (b) which the authority failed or omitted to do as mentioned in subsection (1).

Joint local development plans

72

• (A1) The Welsh Ministers may direct two or more local planning authorities to prepare a joint local development plan.

• (A2) But a direction under subsection (A1) may not be given to a National Park authority.

• (1) Two or more local planning authorities may , in the absence of a direction to any of them under subsection (A1), agree to prepare a joint local development plan.

• (1A) If the Welsh Ministers give a direction under subsection (A1), they must state their reasons for doing so.

• (1B) The authorities to which a direction is given must, subject to any withdrawal or variation of the direction, act jointly in exercising their functions under this Part relating to local development plans.

• (2) This Part applies for the purposes of the preparation, revision, adoption, withdrawal and revocation of a joint local development plan as it applies for the purposes of the preparation, revision, adoption, withdrawal and revocation of a local development plan.

• (3) For the purposes of subsection (2) anything which must be done by or in relation to a local planning authority in connection with a local development plan must be done by or in relation to each of the authorities mentioned in subsection (A1) or (1) in connection with a joint local development plan.

• (4) Subsections (5) to (7) apply if —

• (a) the Welsh Ministers withdraw a direction under subsection (A1) or vary such a direction so that it ceases to apply to a local planning authority, or

• (b) a local planning authority withdraw from an agreement mentioned in s ubsection (1).

• (5) Any step taken in relation to the plan must be treated as a step taken by—

• (a) an authority to which the direction was given or which was a party to the agreement for the purposes of any corresponding plan prepared by them;

• (b) two or more other authorities to which the direction was given or which were parties to the agreement for the purposes of any corresponding joint local development plan.

• (6) Any independent examination of a local development plan to which the direction or agreement relates must be suspended.

• (7) If before the end of the period prescribed for the purposes of this subsection an authority to which the direction was given or which was a party to the agreement requests the Assembly to do so it may direct that—

• (a) the examination is resumed in relation to the corresponding plan;

• (b) any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.

• (7A) The Welsh Ministers may by regulations—

• (a) specify circumstances in which subsections (5) and (7) are not to apply in relation to an authority;

• (b) make provision as to what is a corresponding plan or corresponding joint local development plan.

• (8) A joint local development plan is a local development plan prepared jointly by two or more local planning authorities.

Miscellaneous

Exclusion of certain representations

73

• (1) This section applies to any representation or objection in respect of anything which is done or is proposed to be done in pursuance of—

• (a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980 (c. 66);

• (b) an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act 1959 (c. 25), section 3 of the Highways (Miscellaneous Provisions) Act 1961 (c. 63) or section 1 or 10 of the Highways Act 1971 (c. 41) (which provisions were replaced by the provisions mentioned in paragraph (a));

• (c) an order under section 1 of the New Towns Act 1981 (c. 64).

• (2) If the Assembly or a local planning authority thinks that a representation made in relation to a local development plan is in substance a representation or objection to which this section applies it or they (as the case may be) may disregard it.

Urban development corporations

74

The Assembly may direct that this Part (except sections 60 to 60C) does not apply to the area of an urban development corporation.

Guidance

75

In the exercise of any function conferred under or by virtue of this Part the local planning authority must have regard to any guidance issued by the Assembly.

Annual monitoring report

76

• (1) Every local planning authority must make an annual report to the Assembly.

• (2) The annual report must contain such information as is prescribed as to the extent to which the objectives set out in the local development plan are being achieved.

• (3) The annual report must—

• (a) be made at such time as is prescribed;

• (b) be in such form as is prescribed;

• (c) contain such other matter as is prescribed.

General

Regulations

77

• (1) The Assembly may by regulations make provision in connection with the exercise of functions conferred by this Part on any person.

• (2) The regulations may in particular make provision as to—

• (a) the procedure to be followed by the local planning authority in carrying out the appraisal under section 62(6);

• (b) the procedure to be followed in the preparation of local development plans;

• (c) requirements about the giving of notice and publicity;

• (d) requirements about inspection by the public of a plan or any other document;

• (e) the nature and extent of consultation with and participation by the public in anything done under this Part;

• (f) the making of representations about any matter to be included in a local development plan;

• (g) consideration of any such representations;

• (h) the remuneration and allowances payable to the person appointed to carry out an independent examination under section 64;

• (i) the time at which anything must be done for the purposes of this Part;

• (j) the manner of publication of any draft, report or other document published under this Part;

• (k) monitoring the exercise by local planning authorities of their functions under this Part.

Interpretation

78

• (1) Local development plan must be construed in accordance with section 62.

• (2) Local planning authorities are—

• (a) county councils in Wales;

• (b) county borough councils.

• (3) A National Park authority is the local planning authority for the whole of its area and subsection (2) must be construed subject to that.

But—

• (a) a National Park authority is the local planning authority for the whole of its area;

• (b) a joint planning board is the local planning authority for the whole of its united district (and references to the area of a local planning authority are, in relation to such a board, to be construed as references to its united district).

• (4) The Assembly is the National Assembly for Wales.

• (5) RSS must be construed in accordance with Part 1.

• (6) This section applies for the purposes of this Part.

Part 7 — Crown application of planning Acts

Chapter 1 — England and Wales

Crown application

Crown application of planning Acts

79

• (1) In Part 13 of the principal Act before section 293 (preliminary definitions for Part 13) there is inserted the following section—

(292A) (1) This Act binds the Crown. (2) But subsection (1) is subject to express provision made by this Part.

• (2) In the listed buildings Act after section 82 there is inserted the following section—

(82A) (1) This Act (except the provisions specified in subsection (2)) binds the Crown. (2) These are the provisions— (a) section 9; (b) section 11(6); (c) section 21(7); (d) section 42(1), (5) and (6); (e) section 43; (f) section 44A; (g) section 54; (h) section 55; (i) section 59; (j) section 88A. (3) But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 9(3)(a) to (d) and the doing of that thing does not contravene section 7.

• (3) In the hazardous substances Act after section 30 there are inserted the following sections—

(30A) (1) This Act (except the provisions specified in subsection (2)) binds the Crown. (2) The provisions are— (a) section 8(6); (b) section 23; (c) section 26AA; (d) section 36A; (e) section 36B(2).” (30B) (1) This section applies if at any time during the establishment period a hazardous substance was present on, over or under Crown land. (2) The appropriate authority must make a claim in the prescribed form before the end of the transitional period. (3) The claim must contain the prescribed information as to— (a) the presence of the substance during the establishment period; (b) how and where the substance was kept and used. (4) Unless subsection (5) or (7) applies, the hazardous substances authority is deemed to have granted the hazardous substances consent claimed in pursuance of subsection (2). (5) This subsection applies if the hazardous substances authority think that a claim does not comply with subsection (3). (6) If subsection (5) applies, the hazardous substances authority must, before the end of the period of two weeks starting with the date they received the claim— (a) notify the claimant that they think the claim is invalid; (b) give their reasons. (7) This subsection applies if at no time during the establishment period was the aggregate quantity of the substance equal to or greater than the controlled quantity. (8) Hazardous substances consent which is deemed to be granted under this section is subject— (a) to the condition that the maximum aggregate quantity of the substance that may be present for the purposes of this subsection at any one time must not exceed the established quantity; (b) to such other conditions (if any) as are prescribed for the purposes of this section and are applicable in the case of the consent. (9) A substance is present for the purposes of subsection (8)(a) if— (a) it is on, over or under land to which the claim for consent relates, (b) it is on, over or under other land which is within 500 metres of it and is controlled by the Crown, or (c) it is in or on a structure controlled by the Crown any part of which is within 500 metres of it, and in calculating whether the established quantity is exceeded a quantity of a substance which falls within more than one of paragraphs (a) to (c) must be counted only once. (10) The establishment period is the period of 12 months ending on the day before the date of commencement of section 79(3) of the Planning and Compulsory Purchase Act 2004. (11) The transitional period is the period of six months starting on the date of commencement of that section. (12) The established quantity in relation to any land is the maximum quantity which was present on, over or under the land at any one time within the establishment period.

• (4) Schedule 3 amends the planning Acts in relation to the application of those Acts to the Crown.

National security

Special provision relating to national security

80

• (1) In section 321 of the principal Act (planning inquiries to be held in public subject to certain exceptions) after subsection (4) there are inserted the following subsections—

(5) If the Secretary of State is considering giving a direction under subsection (3) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given. (6) If before the Secretary of State gives a direction under subsection (3) no person is appointed under subsection (5), the Attorney General may at any time appoint a person as mentioned in subsection (5) for the purposes of the inquiry. (7) The Lord Chancellor may by rules make provision— (a) as to the procedure to be followed by the Secretary of State before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5); (b) as to the functions of a person appointed under subsection (5) or (6). (8) Rules made under subsection (7) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (9) If a person is appointed under subsection (5) or (6) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in subsection (4) (the responsible person) to pay the fees and expenses of the appointed representative. (10) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State. (11) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified. (12) An amount so certified is recoverable from the responsible person as a civil debt.

• (2) After section 321 of the principal Act (planning inquiries to be held in public subject to certain exceptions) there is inserted the following section—

(321A) (1) This section applies if— (a) a person is appointed under subsection (5) or (6) of section 321, but (b) no inquiry is held as mentioned in subsection (1) of that section. (2) Subsections (9) to (12) of section 321 apply in respect of the fees and expenses of the person appointed as if the inquiry had been held. (3) For the purposes of subsection (2) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under section 321(9) if an inquiry had been held. (4) This section does not affect section 322A.

• (3) In Schedule 3 to the listed buildings Act (determination of certain appeals by person appointed by the Secretary of State) after paragraph 6 there is inserted the following paragraph—

(6A) (1) If the Secretary of State is considering giving a direction under paragraph 6(6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given. (2) If before the Secretary of State gives a direction under paragraph 6(6) no person is appointed under sub-paragraph (1), the Attorney General may at any time appoint a person as mentioned in sub-paragraph (1) for the purposes of the inquiry. (3) The Lord Chancellor may by rules make provision— (a) as to the procedure to be followed by the Secretary of State before he gives a direction under paragraph 6(6) in a case where a person has been appointed under sub-paragraph (1); (b) as to the functions of a person appointed under sub-paragraph (1) or (2). (4) If a person is appointed under sub-paragraph (1) or (2) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in paragraph 6(7) (the responsible person) to pay the fees and expenses of the appointed representative. (5) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State. (6) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified. (7) An amount so certified is recoverable from the responsible person as a civil debt. (8) Rules made under sub-paragraph (3) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (9) Sub-paragraph (10) applies if— (a) a person is appointed under sub-paragraph (1) or (2), but (b) no inquiry is held as mentioned in paragraph 6(1). (10) Sub-paragraphs (4) to (7) above apply in respect of the fees and expenses of the person appointed as if the inquiry had been held. (11) For the purposes of sub-paragraph (10) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under sub-paragraph (4) if an inquiry had been held. (12) Sub-paragraphs (9) to (11) do not affect paragraph 6(8).

• (4) In the Schedule to the hazardous substances Act (determination of certain appeals by person appointed by the Secretary of State) after paragraph 6 there is inserted the following paragraph—

(6A) (1) If the Secretary of State is considering giving a direction under paragraph 6(6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given. (2) If before the Secretary of State gives a direction under paragraph 6(6) no person is appointed under sub-paragraph (1), the Attorney General may at any time appoint a person as mentioned in sub-paragraph (1) for the purposes of the inquiry. (3) The Lord Chancellor may by rules make provision— (a) as to the procedure to be followed by the Secretary of State before he gives a direction under paragraph 6(6) in a case where a person has been appointed under sub-paragraph (1); (b) as to the functions of a person appointed under sub-paragraph (1) or (2). (4) If a person is appointed under sub-paragraph (1) or (2) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in paragraph 6(7) (the responsible person) to pay the fees and expenses of the appointed representative. (5) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State. (6) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified. (7) An amount so certified is recoverable from the responsible person as a civil debt. (8) Rules made under sub-paragraph (3) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (9) Sub-paragraph (10) applies if— (a) a person is appointed under sub-paragraph (1) or (2), but (b) no inquiry is held as mentioned in paragraph 6(1). (10) Sub-paragraphs (4) to (7) above apply in respect of the fees and expenses of the person appointed as if the inquiry had been held. (11) For the purposes of sub-paragraph (10) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under sub-paragraph (4) if an inquiry had been held. (12) Sub-paragraphs (9) to (11) do not affect paragraph 6(8).

Special provision relating to national security: Wales

81

• (1) After section 321A of the principal Act (inserted by section 80 above) there is inserted the following section—

(321B) (1) This section applies if the matter in respect of which a local inquiry to which section 321 applies is to be held relates to Wales. (2) The references in section 321(5) and (6) to the Attorney General must be read as references to the Counsel General to the National Assembly for Wales. (3) The Assembly may by regulations make provision as mentioned in section 321(7) in connection with a local inquiry to which this section applies. (4) If the Assembly acts under subsection (3) rules made by the Lord Chancellor under section 321(7) do not have effect in relation to the inquiry. (5) The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title). (6) Section 333(3) does not apply to regulations made under subsection (4).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In the Schedule to the hazardous substances Act, after paragraph 7 there is inserted the following paragraph—

(8) (1) This paragraph applies in relation to a local inquiry held in pursuance of this Schedule if the matter in respect of which the inquiry is to be held relates to Wales. (2) The references in paragraph 6A(1) and (2) to the Attorney General must be read as references to the Counsel General to the National Assembly for Wales. (3) The Assembly may by regulations make provision as mentioned in paragraph 6A(3) in connection with a local inquiry to which this section applies. (4) If the Assembly acts under sub-paragraph (3) rules made by the Lord Chancellor under paragraph 6A(3) do not have effect in relation to the inquiry. (5) The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title). (6) Section 40(3) does not apply to regulations made under this paragraph.

Urgent development and works

Urgent Crown development

82

• (1) Before section 294 of the principal Act (special enforcement notices in relation to development on Crown land) there is inserted the following section—

(293A) (1) This section applies to a development if the appropriate authority certifies— (a) that the development is of national importance, and (b) that it is necessary that the development is carried out as a matter of urgency. (2) The appropriate authority may, instead of making an application for planning permission to the local planning authority in accordance with Part 3, make an application for planning permission to the Secretary of State under this section. (3) If the appropriate authority proposes to make the application to the Secretary of State it must publish in one or more newspapers circulating in the locality of the proposed development a notice— (a) describing the proposed development, and (b) stating that the authority proposes to make the application to the Secretary of State. (4) For the purposes of an application under this section the appropriate authority must provide to the Secretary of State— (a) any matter required to be provided by an applicant for planning permission in pursuance of regulations made under section 71A; (b) a statement of the authority’s grounds for making the application. (5) If the appropriate authority makes an application under this section subsections (6) to (9) below apply. (6) The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application. (7) As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development. (8) The Secretary of State must in accordance with such requirements as are contained in a development order publish notice of the application and of the fact that such documents and other material are available for inspection. (9) The Secretary of State must consult— (a) the local planning authority for the area to which the proposed development relates, and (b) such other persons as are specified or described in a development order, about the application. (10) Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under section 321(3) (matters related to national security). (11) Subsections (4) to (7) of section 77 apply to an application under this section as they apply to an application in respect of which a direction under section 77 has effect.

• (2) In section 284 of the principal Act (validity of certain matters) in subsection (3) at the end there is inserted the following paragraph—

(i) any decision on an application for planning permission under section 293A.

Urgent works relating to Crown land

83

• (1) After section 82A of the listed buildings Act (inserted by section 79(2)) there is inserted the following section—

(82B) (1) This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies— (a) that the works are of national importance, and (b) that it is necessary that the works are carried out as a matter of urgency. (2) The appropriate authority may, instead of making an application for consent to the local planning authority in accordance with this Act, make an application for consent to the Secretary of State under this section. (3) If the appropriate authority proposes to make the application to the Secretary of State it must publish in one or more newspapers circulating in the locality of the building a notice— (a) describing the proposed works, and (b) stating that the authority proposes to make the application to the Secretary of State. (4) For the purposes of an application under this section the appropriate authority must provide to the Secretary of State a statement of the authority’s grounds for making the application. (5) If the appropriate authority makes an application under this section subsections (6) to (9) below apply. (6) The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application. (7) As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development. (8) The Secretary of State must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection. (9) The Secretary of State must consult— (a) the local planning authority for the area to which the proposed development relates, and (b) such other persons as may be prescribed, about the application. (10) Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under paragraph 6(6) of Schedule 3 (matters related to national security). (11) Subsections (4) and (5) of section 12 apply to an application under this section as they apply to an application in respect of which a direction under section 12 has effect.

• (2) In section 62 of the listed buildings Act (validity of certain matters) in subsection (2) at the end there is inserted the following paragraph—

(d) any decision on an application for listed building consent under section 82B.

Enforcement

Enforcement in relation to Crown land

84

• (1) Section 296 of the principal Act (exercise of powers in relation to Crown land) is omitted.

• (2) After section 296 there are inserted the following sections—

(296A) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act. (2) A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land; (b) bringing proceedings; (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice; (b) the making of an order (other than by a court). (296B) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

• (3) After section 82C of the listed buildings Act (inserted by Schedule 3) there are inserted the following sections—

(82D) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act. (2) A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land; (b) bringing proceedings; (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice; (b) the making of an order (other than by a court). (82E) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

• (4) After section 30B of the hazardous substances Act (inserted by section 79(3)) there are inserted the following sections—

(30C) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act. (2) A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land; (b) bringing proceedings; (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice; (b) the making of an order (other than by a court). (30D) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

Trees

Tree preservation orders: Forestry Commissioners

85

For section 200 of the principal Act (Orders affecting land where Forestry Commissioners interested) there is substituted the following section—

(200) (1) A tree preservation order does not have effect in respect of anything done— (a) by or on behalf of the Forestry Commissioners on land placed at their disposal in pursuance of the Forestry Act 1967 or otherwise under their management or supervision; (b) by or on behalf of any other person in accordance with a relevant plan which is for the time being in force. (2) A relevant plan is a plan of operations or other working plan approved by the Forestry Commissioners under— (a) a forestry dedication covenant within the meaning of section 5 of the Forestry Act 1967, or (b) conditions of a grant or loan made under section 1 of the Forestry Act 1979. (3) A reference to a provision of the Forestry Act 1967 or the Forestry Act 1979 includes a reference to a corresponding provision replaced by that provision or any earlier corresponding provision.

Trees in conservation areas: acts of Crown

86

After section 211(4) of the principal Act (preservation of trees in conservation areas) there are inserted the following subsections—

(5) An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless— (a) the first condition is satisfied, and (b) either the second or third condition is satisfied. (6) The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the local planning authority in whose area the tree is situated. (7) The second condition is that the act is done with the consent of the authority. (8) The third condition is that the act is done— (a) after the end of the period of six weeks starting with the date of the notice, and (b) before the end of the period of two years starting with that date.

Miscellaneous

Old mining permissions

87

• (1) Subsection (2) applies if—

• (a) an old mining permission relates to land which is Crown land, and

• (b) the permission has not been registered in pursuance of Schedule 2 to the Planning and Compensation Act 1991.

• (2) Section 22 of and Schedule 2 to that Act apply to the old mining permission subject to the following modifications—

• (a) in section 22(3) for “May 1, 1991” there is substituted “ the date of commencement of section 87(2) of the Planning and Compulsory Purchase Act 2004 ”;

• (b) in paragraph 1(3) of Schedule 2 for “the day on which this Schedule comes into force” there is substituted “ the date of commencement of section 87(2) of the Planning and Compulsory Purchase Act 2004 ”.

• (3) Old mining permission must be construed in accordance with section 22 of the Planning and Compensation Act 1991.

• (4) Crown land must be construed in accordance with Part 13 of the principal Act.

Subordinate legislation

88

• (1) The Secretary of State may by order provide that relevant subordinate legislation applies to the Crown.

• (2) The order may modify such subordinate legislation to the extent that the Secretary of State thinks appropriate for the purposes of its application to the Crown.

• (3) Relevant subordinate legislation is an instrument which—

• (a) is made under or (wholly or in part) for the purposes of any of the planning Acts,

• (b) is made before the commencement of section 79 of this Act, and

• (c) is specified in the order.

Crown application: transitional

89

Schedule 4 (which makes transitional provisions in consequence of the application to the Crown of the planning Acts) has effect.

Chapter 2 — Scotland

Crown application

Crown application of Scottish planning Acts

90

• (1) In Part 12 of the Town and Country Planning (Scotland) Act 1997, before section 242 (preliminary definitions for Part 12) there is inserted the following section—

(241A) (1) This Act binds the Crown. (2) But subsection (1) is subject to express provision made by this Part.

• (2) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, after section 73 (application of Act to land and works of planning authorities) there is inserted the following section —

(73A) (1) This Act (except the provisions specified in subsection (2)) binds the Crown. (2) These are the provisions— (a) section 8, (b) section 10(3), (c) section 19(7), (d) section 38(1) and (8), (e) section 39, (f) section 49, (g) section 50, (h) section 53, (i) section 77. (3) But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 8(3)(a) to (d) and the doing of that thing does not contravene section 6.

• (3) In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30 (application of Act to planning authorities) there is inserted the following section—

(30A) (1) This Act (except the provisions specified in subsection (2)) binds the Crown. (2) The provisions are— (a) section 6(3), (b) section 21, (c) section 25, (d) section 34, (e) section 35(2).

• (4) Schedule 5 amends the Scottish planning Acts in relation to the application of those Acts to the Crown.

National security

Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland

91

• (1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), there is inserted after section 265 (local inquiries) the following section—

(265A) (1) This section applies in relation to the holding of inquiries under section 265(1), paragraph 6 of Schedule 4, paragraph 5 of Schedule 6 or paragraph 8 of Schedule 7. (2) Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection. (3) If the Secretary of State is, or after consultation with the Secretary of State the Scottish Ministers are, satisfied in the case of any such inquiry— (a) that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4), and (b) that the public disclosure of that information would be contrary to the national interest, he or as the case may be they may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons, or persons of such descriptions, as may be specified in the direction. (4) The matters referred to in subsection (3)(a) are— (a) national security, and (b) the measures taken, or to be taken, to ensure the security of any premises or property. (5) The Lord Advocate may appoint a person to represent the interests of any person who— (a) if a direction is given under subsection (3), will be prevented from hearing or inspecting any evidence at any such inquiry; or (b) is so prevented by such a direction given before any appointment is made by virtue of paragraph (a). (6) By rules— (a) the Secretary of State may make provision as to the procedure to be followed by him before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5) and as to the functions of a person appointed under subsection (5), (b) the Scottish Ministers may make provision as to the procedure to be followed by them before they give such a direction in such a case and as to such functions. (7) If a person (the representative) is appointed— (a) under paragraph (a) of subsection (5) and either no direction in relation to the evidence in question has been given under subsection (3) or any such direction so given has been given by the Secretary of State, the Secretary of State may direct any person who he thinks, (b) under paragraph (a) of subsection (5) and such a direction has been given under subsection (3) by the Scottish Ministers, the Scottish Ministers may direct any person who they think, (c) under paragraph (b) of subsection (5) and the direction referred to in that paragraph was given by the Secretary of State, the Secretary of State may direct any person who he thinks, (d) under paragraph (b) of that subsection and the direction so referred to was given by the Scottish Ministers, the Scottish Ministers may direct any person who they think, is interested in the inquiry, or prospective inquiry, in relation to a matter mentioned in subsection (4) (the responsible person) to pay remuneration or allowances to, and to reimburse any expenses incurred by, the representative. (8) If the representative and the responsible person are unable to agree an amount payable by virtue of— (a) paragraph (a) or (c) of subsection (7), the amount must be determined by the Secretary of State, (b) paragraph (b) or (d) of that subsection, the amount must be determined by the Scottish Ministers. (9) The Secretary of State must cause an amount payable by virtue of paragraph (a) or (c) of subsection (7) (whether determined under subsection (8) or agreed between the representative and the responsible person) to be certified. (10) The Scottish Ministers must cause an amount payable by virtue of paragraph (b) or (d) of subsection (7) (whether so determined or so agreed) to be certified. (11) An amount certified under subsection (9) or (10) is recoverable from the responsible person as a debt. (12) Subsections (7) to (11) apply even if the inquiry does not take place. (13) The power to make rules under— (a) paragraph (a) of subsection (6) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, (b) paragraph (b) of that subsection must be exercised by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (2) In Schedule 3 to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (determination of certain appeals by person appointed by the Scottish Ministers), in paragraph 6, after sub-paragraph (6) there is inserted the following sub-paragraph—

(7) Subsections (2) to (13) of section 265A of the principal Act apply to the holding of an inquiry under this paragraph as they apply to the holding of an inquiry under section 265 of that Act.

• (3) In the Schedule to the Planning (Hazardous Substances) (Scotland) Act 1997 (determination of certain appeals by person appointed by Scottish Ministers), in paragraph 6, after sub-paragraph (6) there is inserted the following sub-paragraph—

(7) Subsections (2) to (13) of section 265A of the principal Act apply to the holding of an inquiry under this paragraph as they apply to the holding of an inquiry under section 265 of that Act.

Urgent development and works

Urgent Crown development: Scotland

92

• (1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), before section 243 (control of development on Crown land: special enforcement notices) there is inserted the following section—

(242A) (1) This section applies to a development if the appropriate authority certifies— (a) that the development is of national importance, and (b) that it is necessary that the development is carried out as a matter of urgency. (2) The appropriate authority may, instead of making an application for planning permission to the planning authority in accordance with Part 3, make an application for planning permission to the Scottish Ministers under this section. (3) If the appropriate authority proposes to make the application to the Scottish Ministers, it must publish in one or more newspapers circulating in the locality of the proposed development a notice— (a) describing the proposed development, and (b) stating that the authority proposes to make the application to the Scottish Ministers. (4) For the purposes of an application under this section the appropriate authority must provide to the Scottish Ministers— (a) any matter required to be provided by an applicant for planning permission in pursuance of regulations made under section 40, (b) a statement of the authority’s grounds for making the application. (5) If the appropriate authority makes an application under this section subsections (6) to (11) below apply. (6) The Scottish Ministers may require the authority to provide them with such further information as they think necessary to enable them to determine the application. (7) As soon as practicable after they are provided with any document or other matter in pursuance of subsection (4) or (6) the Scottish Ministers must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development. (8) The Scottish Ministers must in accordance with such requirements as they may specify in a development order publish notice of the application and of the fact that such documents and other material are available for inspection. (9) The Scottish Ministers must consult— (a) the planning authority, and (b) such other persons as may be so specified, about the application. (10) Subsection (7) above does not apply to the extent that the document or other matter is subject to any direction given under section 265A(3) of this Act. (11) Subsections (4) to (7) of section 46 apply to an application under this section as they apply to an application in respect of which a direction under section 46 has effect.

• (2) In section 237 of that Act, (validity of certain matters) in subsection (3) at the end there is added the following paragraph—

(i) any decision on an application for planning permission under section 242A.

Urgent works relating to Crown land: Scotland

93

• (1) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9), after section 73A (inserted by section 90(2)) there is inserted the following section—

(73B) (1) This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies— (a) that the works are of national importance, and (b) that it is necessary that the works are carried out as a matter of urgency. (2) The appropriate authority may, instead of making an application for consent to the planning authority in accordance with this Act, make an application for consent to the Scottish Ministers under this section. (3) If the appropriate authority proposes to make the application to the Scottish Ministers it must publish in one or more newspapers circulating in the locality of the building a notice— (a) describing the proposed works, and (b) stating that the authority proposes to make the application to the Scottish Ministers. (4) For the purposes of an application under this section the appropriate authority must provide to the Scottish Ministers a statement of the authority’s grounds for making the application. (5) If the appropriate authority makes an application under this section subsections (6) to (11) below apply. (6) The Scottish Ministers may require the authority to provide them with such further information as they think necessary to enable them to determine the application. (7) As soon as practicable after they are provided with any document or other matter in pursuance of subsection (4) or (6) the Scottish Ministers must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development. (8) The Scottish Ministers must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection. (9) Subsection (7) above does not apply to the extent that the document or other matter is subject to any direction given under section 265A(3) of the principal Act. (10) The Scottish Ministers must consult— (a) the planning authority, and (b) such other persons as may be prescribed, about the application. (11) Subsections (4) and (5) of section 11 apply to an application under this section as they apply to an application in respect of which a direction under section 11 has effect.

• (2) In section 57 of that Act (validity of certain matters), in subsection (2) at the end there is added the following paragraph—

(d) any decision on an application for listed building consent under section 73B.

Enforcement

Enforcement in relation to Crown land: Scotland

94

• (1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), section 245 (exercise of powers in relation to Crown land) is omitted.

• (2) After section 245 there is inserted the following section—

(245A) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may, on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered. (2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land, (b) initiating proceedings, (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice, (b) the making of an order (other than a court order).

• (3) In the Town and Country Planning (Scotland) Act 1997 (c. 8), after section 245A (inserted by subsection (2) above) there is inserted the following section—

(245B) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

• (4) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) after section 73C (inserted by Schedule 5) there are inserted the following sections—

(73D) (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered. (2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act. (5) A step taken for the purposes of enforcement includes— (a) entering land, (b) initiating proceedings, (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice, (b) the making of an order (other than a court order). (73E) (1) Subsection (2) applies to the extent that an interest in land is a Crown interest. (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority. (3) An interest in land includes an interest only as occupier of the land.

• (5) In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30A (inserted by section 90(3)) there are inserted the following sections—