Planning Act 2008

• (a) subsections (2) and (3) do not apply, and

• (b) the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) (“the 1947 Act”) applies to the compulsory acquisition of that land under the order as if the order were a compulsory purchase order as defined in section 1(1) of that Act.

• (5) The 1947 Act, as applied by subsection (4), has effect with the omission of the following provisions—

• (a) Parts 2 and 3 of the First Schedule (compulsory purchase by Ministers and special provisions as to certain descriptions of land);

• (b) section 116 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19) (time limit for exercise of compulsory purchase powers) (that section being incorporated into the 1947 Act by paragraph 1 of the Second Schedule to the 1947 Act).

• (6) Subsections (2) to (5) are subject to any contrary provision made by the order granting development consent.

Compensation for compulsory acquisition

126

• (1) This section applies in relation to an order granting development consent which includes provision authorising the compulsory acquisition of land.

• (2) The order may not include provision the effect of which is to modify the application of a compensation provision, except to the extent necessary to apply the provision to the compulsory acquisition of land authorised by the order.

• (3) The order may not include provision the effect of which is to exclude the application of a compensation provision.

• (4) A compensation provision is a provision of or made under an Act which relates to compensation for the compulsory acquisition of land.

Statutory undertakers' land

127

• (1) This section applies in relation to land (“statutory undertakers' land”) if—

• (a) the land has been acquired by statutory undertakers for the purposes of their undertaking,

• (b) a representation has been made about an application for an order granting development consent before the completion of the examination of the application, and the representation has not been withdrawn, and

• (c) as a result of the representation the Secretary of State is satisfied that—

• (i) the land is used for the purposes of carrying on the statutory undertakers' undertaking, or

• (ii) an interest in the land is held for those purposes.

• (2) An order granting development consent may include provision authorising the compulsory acquisition of statutory undertakers' land only to the extent that the Secretary of State is satisfied of the matters set out in subsection (3).

• (3) The matters are that the nature and situation of the land are such that—

• (a) it can be purchased and not replaced without serious detriment to the carrying on of the undertaking, or

• (b) if purchased it can be replaced by other land belonging to, or available for acquisition by, the undertakers without serious detriment to the carrying on of the undertaking.

• (4) Subsections (2) and (3) do not apply in a case within subsection (5).

• (5) An order granting development consent may include provision authorising the compulsory acquisition of a right over statutory undertakers' land by the creation of a new right over land only to the extent that the Secretary of State is satisfied of the matters set out in subsection (6).

• (6) The matters are that the nature and situation of the land are such that—

• (a) the right can be purchased without serious detriment to the carrying on of the undertaking, or

• (b) any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them.

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

• (8) In this section—

• (9) In the application of this section to a statutory undertaker which is a health service body (as defined in section 60(7) of the National Health Service and Community Care Act 1990 (c. 19)), references to land acquired or available for acquisition by the statutory undertakers are to be construed as references to land acquired or available for acquisition by the Secretary of State for use or occupation by the body.

Local authority and statutory undertakers' land: general

128

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

Local authority and statutory undertakers' land: acquisition by public body

129

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

National Trust land

130

• (1) This section applies to land belonging to the National Trust which is held by the Trust inalienably.

• (2) An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of land to which this section applies, if the condition in subsection (3) is met.

• (3) The condition is that—

• (a) a representation has been made by the National Trust about the application for the order granting development consent before the completion of the examination of the application,

• (aa) the representation contains an objection to the compulsory acquisition of the land, and

• (b) the objection has not been withdrawn.

• (3A) In a case to which this section applies and to which section 131 or 132 also applies, special parliamentary procedure—

• (a) may be required by subsection (2) whether or not also required by section 131(3) or 132(2), and

• (b) may be required by section 131(3) or 132(2) whether or not also required by subsection (2).

• (4) In this section “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the National Trust Act 1907 (c. cxxxvi) or section 8 of the National Trust Act 1939 (c. lxxxvi).

• (5) In this section “the National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 (c. cxxxvi).

Commons, open spaces etc: compulsory acquisition of land

131

• (1) This section applies to any land forming part of a common, open space or fuel or field garden allotment.

• (2) This section does not apply in a case to which section 132 applies.

• (3) An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of land to which this section applies, unless—

• (a) the Secretary of State is satisfied that one of subsections (4) to (5) applies, and

• (b) that fact, and the subsection concerned, are recorded in the order or otherwise in the instrument or other document containing the order.

• (4) This subsection applies if—

• (a) replacement land has been or will be given in exchange for the order land, and

• (b) the replacement land has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to the order land.

• (4A) This subsection applies if—

• (a) the order land is, or forms part of, an open space,

• (b) none of the order land is of any of the other descriptions in subsection (1),

• (c) either—

• (i) there is no suitable land available to be given in exchange for the order land, or

• (ii) any suitable land available to be given in exchange is available only at prohibitive cost, and

• (d) it is strongly in the public interest for the development for which the order grants consent to be capable of being begun sooner than is likely to be possible if the order were to be subject (to any extent) to special parliamentary procedure.

• (4B) This subsection applies if—

• (a) the order land is, or forms part of, an open space,

• (b) none of the order land is of any of the other descriptions in subsection (1), and

• (c) the order land is being acquired for a temporary (although possibly long-lived) purpose.

• (5) This subsection applies if—

• (a) the order land does not exceed 200 square metres in extent or is required for the widening or drainage of an existing highway or partly for the widening and partly for the drainage of such a highway, and

• (b) the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.

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

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

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) If an order granting development consent authorises the compulsory acquisition of land to which this section applies, it may include provision—

• (a) for vesting replacement land given in exchange as mentioned in subsection (4)(a) in the prospective seller and subject to the rights, trusts and incidents mentioned in subsection (4)(b), and

• (b) for discharging the order land from all rights, trusts and incidents to which it is subject.

• (12) In this section —

• “common”, “fuel or field garden allotment” and “open space” have the same meanings as in section 19 of the Acquisition of Land Act 1981 (c. 67);

• “the order land” means the land authorised to be compulsorily acquired;

• “the prospective seller” means the person or persons in whom the order land is vested;

• “replacement land” means land which is not less in area than the order land and which is no less advantageous to the persons, if any, entitled to rights of common or other rights, and to the public.

Commons, open spaces etc: compulsory acquisition of rights over land

132

• (1) This section applies to any land forming part of a common, open space or fuel or field garden allotment.

• (2) An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of a right over land to which this section applies by the creation of a new right over land, unless—

• (a) the Secretary of State is satisfied that one of subsections (3) to (5) applies, and

• (b) that fact, and the subsection concerned, are recorded in the order or otherwise in the instrument or other document containing the order.

• (3) This subsection applies if the order land, when burdened with the order right, will be no less advantageous than it was before to the following persons—

• (a) the persons in whom it is vested,

• (b) other persons, if any, entitled to rights of common or other rights, and

• (c) the public.

• (4) This subsection applies if—

• (a) replacement land has been or will be given in exchange for the order right, and

• (b) the replacement land has been or will be vested in the persons in whom the order land is vested and subject to the same rights, trusts and incidents as attach to the order land (ignoring the order granting development consent).

• (4A) This subsection applies if—

• (a) the order land is, or forms part of, an open space,

• (b) none of the order land is of any of the other descriptions in subsection (1),

• (c) either—

• (i) there is no suitable land available to be given in exchange for the order right, or

• (ii) any suitable land available to be given in exchange is available only at prohibitive cost, and

• (d) it is strongly in the public interest for the development for which the order grants consent to be capable of being begun sooner than is likely to be possible if the order were to be subject (to any extent) to special parliamentary procedure.

• (4B) This subsection applies if—

• (a) the order land is, or forms part of, an open space,

• (b) none of the order land is of any of the other descriptions in subsection (1), and

• (c) the order right is being acquired for a temporary (although possibly long-lived) purpose.

• (5) This subsection applies if—

• (a) the order land does not exceed 200 square metres in extent or the order right is required in connection with the widening or drainage of an existing highway or in connection partly with the widening and partly with the drainage of such a highway, and

• (b) the giving of other land in exchange for the order right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.

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

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

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) If an order granting development consent authorises the compulsory acquisition of a right over land to which this section applies by the creation of a new right over land, it may include provision—

• (a) for vesting replacement land given in exchange as mentioned in subsection (4)(a) in the persons in whom the order land is vested and subject to the rights, trusts and incidents mentioned in subsection (4)(b), and

• (b) for discharging the order land from all rights, trusts and incidents to which it has previously been subject so far as their continuance would be inconsistent with the exercise of the order right.

• (12) In this section —

• “common”, “fuel or field garden allotment” and “open space” have the same meanings as in section 19 of the Acquisition of Land Act 1981 (c. 67);

• “the order land” means the land to which this section applies over which the order right is to be exercisable;

• “the order right” means the right authorised to be compulsorily acquired;

• “replacement land” means land which will be adequate to compensate the following persons for the disadvantages which result from the compulsory acquisition of the order right—the persons in whom the order land is vested,the persons, if any, entitled to rights of common or other rights over the order land, andthe public.

Rights in connection with underground gas storage facilities

133

• (1) This section applies if—

• (a) the development to which an order granting development consent relates is development within section 14(1)(c), and

• (b) the order authorises the compulsory acquisition of one or more rights within subsection (2).

• (2) The rights are—

• (a) a right to store gas in underground gas storage facilities;

• (b) a right to stop up a well, borehole or shaft, or prevent its use by another person;

• (c) a right of way over land.

• (3) If the right within subsection (2) is an existing right to store gas in underground gas storage facilities, this Act has effect in relation to the compulsory acquisition of the right with the omission of section 131.

• (4) If the order authorises the compulsory acquisition of the right by the creation of a new right within subsection (2), this Act has effect in relation to the compulsory acquisition of the right with the omission of sections 127 to 132.

Notice of authorisation of compulsory acquisition

134

• (1) This section applies if—

• (a) an order is made granting development consent, and

• (b) the order includes provision authorising the compulsory acquisition of land.

• (2) In this section —

• “the order land” means—in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, the land over which the right is to be exercisable;in any other case where the order granting development consent authorises the compulsory acquisition of land, the land authorised to be compulsorily acquired;

• “the prospective purchaser” means—in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, the person for whose benefit the order authorises the creation of the right;in any other case where the order granting development consent authorises the compulsory acquisition of land, the person authorised by the order to compulsorily acquire the land.

• (3) After the order has been made, the prospective purchaser must—

• (za) make a copy of the order available, at a place in the vicinity of the land, for inspection by the public at all reasonable hours,

• (a) serve a compulsory acquisition notice ... on each person to whom subsection (4) applies, and

• (b) affix a compulsory acquisition notice to a conspicuous object or objects on or near the order land.

• (4) This subsection applies to any person who, if the order granting development consent were a compulsory purchase order, would be a qualifying person for the purposes of section 12(1) of the Acquisition of Land Act 1981 (c. 67) (notice to owners, lessees and occupiers).

• (5) A compulsory acquisition notice which is affixed under subsection (3)(b) must—

• (a) be addressed to persons occupying or having an interest in the order land, and

• (b) so far as practicable, be kept in place by the prospective purchaser until the end of the period of 6 weeks beginning with the date on which the order is published.

• (6) The prospective purchaser must also publish a compulsory acquisition notice in one or more local newspapers circulating in the locality in which the order land is situated.

• (6A) The prospective purchaser must send a compulsory acquisition notice to the Chief Land Registrar and it shall be a local land charge in respect of the land in England or Wales to which it relates.

• (7) A compulsory acquisition notice is a notice in the prescribed form—

• (a) describing the order land,

• (b) in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, describing the right,

• (c) stating that the order granting development consent includes provision authorising the compulsory acquisition of a right over the land by the creation of a right over it or (as the case may be) the compulsory acquisition of the land,

• (cza) in a case where the order applies Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981—

• (i) containing a prescribed statement about the effect of those Parts, and

• (ii) inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the prospective purchaser information about the person’s name, address and interest in land, using a prescribed form,

• (ca) stating where and when a copy of the order is available for inspection in accordance with subsection (3)(za), and

• (d) stating that a person aggrieved by the order may challenge the order only in accordance with section 118.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Orders: Crown land

135

• (1) An order granting development consent may include provision authorising the compulsory acquisition of an interest in Crown land only if—

• (a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and

• (b) the appropriate Crown authority consents to the acquisition.

• (2) An order granting development consent may include any other provision applying in relation to Crown land, or rights benefiting the Crown, only if the appropriate Crown authority consents to the inclusion of the provision.

• (3) The reference in subsection (2) to rights benefiting the Crown does not include rights which benefit the general public.

• (4) For the purposes of this section “the Crown” includes—

• (a) the Duchy of Lancaster;

• (b) the Duchy of Cornwall;

• (c) the Speaker of the House of Lords;

• (d) the Speaker of the House of Commons;

• (e) the Corporate Officer of the House of Lords;

• (f) the Corporate Officer of the House of Commons.

Public rights of way

136

• (1) An order granting development consent may extinguish a public right of way over land only if the Secretary of State is satisfied that—

• (a) an alternative right of way has been or will be provided, or

• (b) the provision of an alternative right of way is not required.

• (2) The following provisions of this section apply if—

• (a) an order granting development consent makes provision for the acquisition of land, compulsorily or by agreement,

• (b) the order extinguishes a public right of way over the land, and

• (c) the right of way is not a right enjoyable by vehicular traffic.

• (3) The order granting development consent may not provide for the right of way to be extinguished from a date which is earlier than the date on which the order is published.

• (4) Subsection (5) applies if—

• (a) the order granting development consent extinguishes the right of way from a date (“the extinguishment date”) which is earlier than the date on which the acquisition of the land is completed, and

• (b) at any time after the extinguishment date it appears to the Secretary of State that the proposal to acquire the land has been abandoned.

• (5) The Secretary of State must by order direct that the right is to revive.

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

• (7) Nothing in subsection (5) prevents the making of a further order extinguishing the right of way.

Public rights of way: statutory undertakers' apparatus etc.

137

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

Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.

138

• (1) This section applies if an order granting development consent authorises the acquisition of land (compulsorily or by agreement) and—

• (a) there subsists over the land a relevant right, or

• (b) there is on, under or over the land relevant apparatus.

• (2) “Relevant right” means a right of way, or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, which—

• (a) is vested in or belongs to statutory undertakers for the purpose of the carrying on of their undertaking, or

• (b) is conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network.

• (3) “Relevant apparatus” means—

• (a) apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, or

• (b) electronic communications apparatus kept installed for the purposes of an electronic communications code network.

• (4) The order may include provision for the extinguishment of the relevant right, or the removal of the relevant apparatus, only if the Secretary of State is satisfied that the extinguishment or removal is necessary for the purpose of carrying out the development to which the order relates

• (4A) In this section “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purpose of any provision of Part 11 of TCPA 1990.

• (4B) In this section—

• “electronic communications apparatus” has the meaning given in paragraph 5 of the electronic communications code;

• “electronic communications code” means the code set out in Schedule 3A to the Communications Act 2003;

• “operator of an electronic communications code network” has the meaning given in paragraph 1(1) of Schedule 17 to the Communications Act 2003;

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Common land and rights of common

139

• (1) An order granting development consent may not include provision the effect of which is to exclude or modify the application of a provision of or made under the Commons Act 2006, except in accordance with section 131 or 132.

• (2) For the purposes of section 38(6)(a) of the Commons Act 2006, works carried out under a power conferred by an order granting development consent are not to be taken to be carried out under a power conferred by or under an enactment, except in a case to which section 131 or 132 applies.

• (3) An order granting development consent may not authorise the suspension of, or extinguishment or interference with, registered rights of common, except in accordance with section 131 or 132.

• (4) “Registered rights of common” means rights of common registered under—

• (a) the Commons Act 2006, or

• (b) the Commons Registration Act 1965.

Operation of generating stations

140

An order granting development consent may include provision authorising the operation of a generating station only if the development to which the order relates is or includes the construction or extension of the generating station.

Keeping electric lines installed above ground

141

An order granting development consent may include provision authorising an electric line to be kept installed above ground only if the development to which the order relates is or includes the installation of the line above ground.

Use of underground gas storage facilities

142

An order granting development consent may include provision authorising the use of underground gas storage facilities only if the development to which the order relates is or includes development within section 17(2), (3) or (5).

Diversion of watercourses

143

• (1) An order granting development consent may include provision authorising the diversion of any part of a navigable watercourse only if the condition in subsection (2) is met.

• (2) The new length of watercourse must be navigable in a reasonably convenient manner by vessels of a kind that are accustomed to using the part of the watercourse which is to be diverted.

• (3) In deciding whether the condition in subsection (2) is met, the effect of any bridge or tunnel must be ignored if the construction of the bridge or tunnel is part of the development for which consent is granted by the order granting development consent.

• (4) If an order granting development consent includes provision authorising the diversion of any part of a navigable watercourse, the order is also to be taken to authorise the diversion of any tow path or other way adjacent to that part.

Highways

144

• (1) An order granting development consent may include provision authorising the charging of tolls in relation to a highway only if a request to that effect has been included in the application for the order.

• (2) If an order granting development consent includes provision authorising the charging of tolls in relation to a highway, the order is treated as a toll order for the purposes of sections 7 to 18 of the New Roads and Street Works Act 1991 (c. 22).

• (2A) Subsection (2) does not apply to an order that includes provision authorising other charges in respect of the use or keeping of motor vehicles on roads.

• (2B) In subsection (2A)—

• “motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exceptions: certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;

• “road” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Harbours

145

• (1) An order granting development consent may include provision for the creation of a harbour authority only if—

• (a) the development to which the order relates is or includes the construction or alteration of harbour facilities, and

• (b) the creation of a harbour authority is necessary or expedient for the purposes of the development.

• (2) An order granting development consent may include provision changing the powers or duties of a harbour authority only if—

• (a) the development to which the order relates is or includes the construction or alteration of harbour facilities, and

• (b) the authority has requested the inclusion of the provision or has consented in writing to its inclusion.

• (3) An order granting development consent may include provision authorising the transfer of property, rights or liabilities from one harbour authority to another only if—

• (a) the development to which the order relates is or includes the construction or alteration of harbour facilities, and

• (b) the order makes provision for the payment of compensation of an amount—

• (i) determined in accordance with the order, or

• (ii) agreed between the parties to the transfer.

• (4) An order granting development consent which includes provision for the creation of a harbour authority, or changing the powers or duties of a harbour authority, may also make other provision in relation to the authority.

This is subject to subsection (6).

• (5) Subject to subsection (6), the provision which may be included in relation to a harbour authority includes in particular—

• (a) any provision in relation to a harbour authority which could be included in a harbour revision order under section 14 of the Harbours Act 1964 (c. 40) by virtue of any provision of Schedule 2 to that Act;

• (b) provision conferring power on the authority to change provision made in relation to it (by the order or by virtue of this paragraph), where the provision is about—

• (i) the procedures (including financial procedures) of the authority;

• (ii) the power of the authority to impose charges;

• (iii) the power of the authority to delegate any of its functions;

• (iv) the welfare of officers and employees of the authority and financial and other provision made for them.

• (6) The order may not include provision—

• (a) which, by virtue of any other provision of this Act, is not permitted to be included in an order granting development consent;

• (b) conferring power on a harbour authority to delegate, or makes changes to its powers so as to permit the delegation of, any of the functions mentioned in paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964.

Discharge of water

146

• (1) This section applies if—

• (a) an order granting development consent includes provision authorising the discharge of water into inland waters or underground strata, and

• (b) but for the order, the person to whom development consent is granted would have had no power to take water, or to require discharges to be made, from the inland waters or other source from which the discharges authorised by the order are intended to be made.

• (2) The order does not have the effect of conferring any such power on that person.

Development of Green Belt land

147

• (1) This section applies if an order granting development consent includes provision—

• (a) authorising the acquisition of Green Belt land, compulsorily or by agreement,

• (b) authorising the sale, exchange or appropriation of Green Belt land, or

• (c) freeing land from any restriction imposed upon it by or under the Green Belt (London and Home Counties) Act 1938 (c. xciii), or by a covenant or other agreement entered into for the purposes of that Act.

• (2) The Secretary of State must notify the relevant local authorities of the provision made by the order.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The relevant local authorities are—

• (a) each local authority in whose area all or part of the land is situated,

• (b) any local authority in whom all or part of the land is vested, and

• (c) each contributing local authority.

• (5) In this section “local authority” and “contributing local authority” have the same meanings as in the Green Belt (London and Home Counties) Act 1938 (c. xciii) (see section 2(1) of that Act).

Deemed consent under section 34 of the Coast Protection Act 1949

148

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

Deemed licences under Part 2 of the Food and Environment Protection Act 1985

149

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

Removal of consent requirements

150

• (1) An order granting development consent may include provision the effect of which is to remove a requirement for a prescribed consent or authorisation to be granted, only if the relevant body has consented to the inclusion of the provision.

• (2) “The relevant body” is the person or body which would otherwise be required to grant the prescribed consent or authorisation.

Liability under existing regimes

151

An order granting development consent may not include provision the effect of which is to exclude or modify the application of—

• (a) any provision of the Nuclear Installations Act 1965 (c. 57);

• (b) section 28 of, and Schedule 2 to, the Reservoirs Act 1975 (c. 23) (liability for damage and injury due to escape of water from a reservoir constructed after 1930);

• (c) section 209 of the Water Industry Act 1991 (c. 56) (civil liability of water undertakers for escapes of water from pipes);

• (d) section 48A of the Water Resources Act 1991 (c. 57) (civil remedies for loss or damage due to water abstraction).

Compensation in case where no right to claim in nuisance

152

• (1) This section applies if, by virtue of section 158 or an order granting development consent, there is a defence of statutory authority in civil or criminal proceedings for nuisance in respect of any authorised works.

• (2) “Authorised works” are—

• (a) development for which consent is granted by an order granting development consent;

• (b) anything else authorised by an order granting development consent.

• (3) A person by whom or on whose behalf any authorised works are carried out must pay compensation to any person whose land is injuriously affected by the carrying out of the works.

• (4) A dispute as to whether compensation under subsection (3) is payable, or as to the amount of the compensation, must be referred to the Upper Tribunal.

• (5) Subsection (2) of section 10 of the Compulsory Purchase Act 1965 (c. 56) (limitation on compensation) applies to subsection (3) of this section as it applies to that section.

• (6) Any rule or principle applied to the construction of section 10 of that Act must be applied to the construction of subsection (3) of this section (with any necessary modifications).

• (7) Part 1 of the Land Compensation Act 1973 (c. 26) (compensation for depreciation of land value by physical factors caused by use of public works) applies in relation to authorised works as if—

• (a) references in that Part to any public works were to any authorised works;

• (b) references in that Part to the responsible authority were to the person for whose benefit the order granting development consent has effect for the time being;

• (c) sections 1(6) and 17 were omitted.

• (8) An order granting development consent may not include provision the effect of which is to remove or modify the application of any of subsections (1) to (7).

Chapter 2 — Changes to, and revocation of, orders

Changes to, and revocation of, orders granting development consent

153

Schedule 6 (changes to, and revocation of, orders granting development consent) has effect.

Chapter 3 — General

Duration of order granting development consent

154

• (1) Development for which development consent is granted must be begun before the end of—

• (a) the prescribed period, or

• (b) such other period (whether longer or shorter than that prescribed) as is specified in the order granting the consent.

• (2) If the development is not begun before the end of the period applicable under subsection (1), the order granting development consent ceases to have effect at the end of that period.

• (3) Where an order granting development consent authorises the compulsory acquisition of land, steps of a prescribed description must be taken in relation to the compulsory acquisition before the end of—

• (a) the prescribed period, or

• (b) such other period (whether longer or shorter than that prescribed) as is specified in the order.

• (4) If steps of the prescribed description are not taken before the end of the period applicable under subsection (3), the authority to compulsorily acquire the land under the order ceases to have effect.

When development begins

155

• (1) For the purposes of this Act (except Part 11) development is taken to begin on the earliest date on which any material operation comprised in, or carried out for the purposes of, the development begins to be carried out.

• (2) “Material operation” means any operation except an operation of a prescribed description.

Benefit of order granting development consent

156

• (1) If an order granting development consent is made in respect of any land, the order has effect for the benefit of the land and all persons for the time being interested in the land.

• (2) Subsection (1) is subject to subsection (3) and any contrary provision made in the order.

• (3) To the extent that the development for which development consent is granted is development within section 17(3), the order granting the consent has effect for the benefit of a person for the time being interested in the land only if the person is a gas transporter.

Use of buildings in respect of which development consent granted

157

• (1) If development consent is granted for development which includes the erection, extension, alteration or re-erection of a building, the order granting consent may specify the purposes for which the building is authorised to be used.

• (2) If no purpose is so specified, the consent is taken to authorise the use of the building for the purpose for which it is designed.

Nuisance: statutory authority

158

• (1) This subsection confers statutory authority for—

• (a) carrying out development for which consent is granted by an order granting development consent;

• (b) doing anything else authorised by an order granting development consent.

• (2) Statutory authority under subsection (1) is conferred only for the purpose of providing a defence in civil or criminal proceedings for nuisance.

• (3) Subsections (1) and (2) are subject to any contrary provision made in any particular case by an order granting development consent.

Interpretation: land and rights over land

159

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

• (2) “Land” includes any interest in or right over land.

• (3) Acquiring a right over land includes acquiring it by the creation of a new right as well as by the acquisition of an existing one.

Part 8 — Enforcement

Offences

Development without development consent

160

• (1) A person commits an offence if the person carries out, or causes to be carried out, development for which development consent is required at a time when no development consent is in force in respect of the development.

• (2) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to a fine not exceeding £50,000, or

• (b) on conviction on indictment, to a fine. on summary conviction, or on conviction on indictment, to a fine

• (3) The Secretary of State may by order amend subsection (2)(a) to increase the level of the fine for the time being specified in that provision.

Breach of terms of order granting development consent

161

• (1) A person commits an offence if without reasonable excuse the person—

• (a) carries out, or causes to be carried out, development in breach of the terms of an order granting development consent, or

• (b) otherwise fails to comply with the terms of an order granting development consent.

• (2) Subsection (1) is subject to section 149A(4) .

• (3) It is a defence for a person charged with an offence under this section to prove that—

• (a) the breach or failure to comply occurred only because of an error or omission in the order, and

• (b) a correction notice specifying the correction of the error or omission has been issued under paragraph 2 of Schedule 4.

• (4) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to a fine not exceeding £50,000, or

• (b) on conviction on indictment, to a fine. on summary conviction, or on conviction on indictment, to a fine

• (5) The Secretary of State may by order amend subsection (4)(a) to increase the level of the fine for the time being specified in that provision.

Time limits

162

• (1) A person may not be charged with an offence under section 160 or 161 after the end of—

• (a) the relevant 4-year period, or

• (b) if subsection (3) applies, the extended period.

• (2) The “relevant 4-year period” means—

• (a) in the case of an offence under section 160, the period of 4 years beginning with the date on which the development was substantially completed;

• (b) in the case of an offence under section 161, the period of 4 years beginning with the later of—

• (i) the date on which the development was substantially completed, and

• (ii) the date on which the breach or failure to comply occurred.

• (3) This subsection applies if during the relevant 4-year period—

• (a) an information notice has been served under section 167, or

• (b) an injunction has been applied for under section 171.

• (4) The “extended period” means the period of 4 years beginning with—

• (a) the date of service of the information notice, if subsection (3)(a) applies;

• (b) the date of the application for the injunction, if subsection (3)(b) applies;

• (c) the later (or latest) of those dates, if both paragraphs (a) and (b) of subsection (3) apply.

Rights of entry

Right to enter without warrant

163

• (1) This section applies in relation to any land if the relevant local planning authority has reasonable grounds for suspecting that an offence under section 160 or 161 is being, or has been, committed on or in respect of the land.

• (2) A person authorised in writing by the relevant local planning authority may at any reasonable hour enter the land for the purpose of ascertaining whether an offence under section 160 or 161 is being, or has been, committed on the land.

• (3) A person may enter a building used as a dwelling-house under subsection (2) only if 24 hours' notice of the intended entry has been given to the occupier of the building.

Right to enter under warrant

164

• (1) This section applies if it is shown to the satisfaction of a justice of the peace on sworn information in writing—

• (a) that there are reasonable grounds for suspecting that an offence under section 160 or 161 is being, or has been, committed on or in respect of any land, and

• (b) that the condition in subsection (2) is met.

• (2) The condition is that—

• (a) admission to the land has been refused, or a refusal is reasonably apprehended, or

• (b) the case is one of urgency.

• (3) The justice of the peace may issue a warrant authorising any person who is authorised in writing for the purpose by the relevant local planning authority to enter the land.

• (4) For the purposes of subsection (2)(a) admission to land is to be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

• (5) A warrant authorises entry on one occasion only and that entry must be—

• (a) before the end of the period of one month beginning with the date of the issue of the warrant, and

• (b) at a reasonable hour, unless the case is one of urgency.

Rights of entry: supplementary provisions

165

• (1) A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 163 or 164 (“a relevant right of entry”)—

• (a) must, if so required, produce evidence of the authority and state the purpose of entry before entering the land,

• (b) may take on to the land such other persons as may be necessary, and

• (c) must, if the person leaves the land at a time when the owner or occupier is not present, leave it as effectively secured against trespassers as it was found.

• (2) A person commits an offence if the person wilfully obstructs a person acting in the exercise of a relevant right of entry.

• (3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) If any damage is caused to land or chattels in the exercise of a relevant right of entry, compensation may be recovered by any person suffering the damage from the local planning authority that authorised the entry.

• (5) Except so far as otherwise provided by regulations, any question of disputed compensation under subsection (4) is to be referred to and determined by the Upper Tribunal.

• (6) In relation to the determination of any such question, the provisions of section4 of the Land Compensation Act 1961 (c. 33) apply subject to any necessary modifications and to any other prescribed modifications.

Rights of entry: Crown land

166

Sections 163 and 164 do not apply to Crown land.

Information notices

Power to require information

167

• (1) This section applies in relation to any land if it appears to the relevant local planning authority that an offence under section 160 or 161 may have been committed on or in respect of the land.

• (2) The relevant local planning authority may serve an information notice.

• (3) The information notice may be served on any person who—

• (a) is the owner or occupier of the land or has any other interest in it, or

• (b) is carrying out operations on the land or is using it for any purpose.

• (4) The information notice may require the person on whom it is served to give such of the following information as may be specified in the notice—

• (a) information about any operations being carried out in, on, over or under the land, any use of the land and any other activities being carried out in, on, over or under the land, and

• (b) information about the provisions of any order granting development consent for development of the land.

• (5) An information notice must inform the person on whom it is served of the likely consequences of a failure to respond to the notice.

• (6) A requirement of an information notice is complied with by giving the required information to the relevant local planning authority in writing.

Offences relating to information notices

168

• (1) A person commits an offence if without reasonable excuse the person fails to comply with any requirement of an information notice served under section 167 before the end of the period mentioned in subsection (2).

• (2) The period referred to in subsection (1) is the period of 21 days beginning with the day on which the information notice is served.

• (3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) A person commits an offence if the person—

• (a) makes any statement purporting to comply with a requirement of an information notice which he knows to be false or misleading in a material respect, or

• (b) recklessly makes such a statement which is false or misleading in a material respect.

• (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Notices of unauthorised development

Notice of unauthorised development

169

• (1) Subsection (2) applies if a person is found guilty of an offence under section 160 committed on or in respect of any land.

• (2) The relevant local planning authority may serve a notice of unauthorised development on the person requiring such steps as may be specified in the notice to be taken—

• (a) to remove the development, and

• (b) to restore the land on which the development has been carried out to its condition before the development was carried out.

• (3) Subsection (4) applies if a person is found guilty of an offence under section 161 committed on or in respect of any land.

• (4) The relevant local planning authority may serve a notice of unauthorised development on the person requiring the person to remedy the breach or failure to comply.

• (5) A notice of unauthorised development—

• (a) must specify the period within which any steps are required to be taken, and

• (b) may specify different periods for different steps.

• (6) Where different periods apply to different steps, references in this Part to the period for compliance with a notice of unauthorised development, in relation to any step, are to the period within which the step is required to be taken.

• (7) A notice of unauthorised development must specify such additional matters as may be prescribed.

Execution of works required by notice of unauthorised development

170

• (1) If any of the steps specified in a notice of unauthorised development have not been taken before the end of the period for compliance with the notice, the relevant local planning authority may—

• (a) enter the land on which the development has been carried out and take those steps, and

• (b) recover from the person who is then the owner of the land any expenses reasonably incurred by it in doing so.

• (2) Where a notice of unauthorised development has been served in respect of development—

• (a) any expenses incurred by the owner or occupier of the land for the purposes of complying with it, and

• (b) any sums paid by the owner of the land under subsection (1) in respect of expenses incurred by the relevant local planning authority in taking steps required by it,

are to be deemed to be incurred or paid for the use and at the request of the person found guilty of the offence under section 160 or 161.

• (3) Regulations may provide that all or any of the following sections of the Public Health Act 1936 (c. 49) are to apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by a notice of unauthorised development—

• section 276 (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);

• section 289 (power to require the occupier of any premises to permit works to be executed by the owner of the premises);

• section 294 (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act).

• (4) Regulations under subsection (3) applying all or any of section 289 of that Act may include adaptations and modifications for the purpose of giving the owner of land to which such a notice relates the right, as against all other persons interested in the land, to comply with the requirements of the notice.

• (5) Regulations under subsection (3) may also provide for the charging on the land on which the development is carried out of any expenses recoverable by the relevant local planning authority under subsection (1).

• (6) A person commits an offence if the person wilfully obstructs a person acting in the exercise of powers under subsection (1).

• (7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Injunctions

Injunctions

171

• (1) A local planning authority may apply to the court for an injunction if it considers it necessary or expedient for any actual or apprehended prohibited activity to be restrained by injunction.

• (2) Prohibited activity means activity that constitutes an offence under section 160 or 161 in relation to land in the area of the local planning authority.

• (3) On an application under this section the court may grant such an injunction as the court thinks fit for the purpose of restraining the prohibited activity.

• (4) In this section “the court” means the High Court or the county court.

Isles of Scilly

Isles of Scilly

172

• (1) The Secretary of State may by order provide for the exercise by the Council of the Isles of Scilly in relation to land in the Council's area of any functions exercisable by a local planning authority under any provision of this Part.

• (2) Before making an order under this section the Secretary of State must consult the Council of the Isles of Scilly.

The relevant local planning authority

The relevant local planning authority

173

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

• (2) The relevant local planning authority in relation to any land is the local planning authority for the area in which the land is situated.

This is subject to subsections (3) to (5).

• (3) Subsections (4) and (5) apply if the land is in an area for which there is both a district planning authority and a county planning authority.

• (4) If any of the relevant development is the construction or alteration of a hazardous waste facility within section 14(1)(p), the relevant local planning authority is the county planning authority.

• (5) In any other case, the relevant local planning authority is the district planning authority.

• (6) “The relevant development” is—

• (a) if the relevant offence is an offence under section 160 or 161(1)(a), the development referred to in section 160(1) or 161(1)(a);

• (b) if the relevant offence is an offence under section 161(1)(b), the development to which the order granting development consent mentioned in section 161(1)(b) relates.

• (7) “The relevant offence” is the offence by reference to which a provision of this Part confers a function on a local planning authority.

Part 9 — Changes to existing planning regimes

Chapter 1 — Changes related to development consent regime

Planning obligations

Planning obligations

174

• (1) TCPA 1990 is amended as follows.

• (2) In section 106 (planning obligations)—

• (a) after subsection (1) insert—

(1A) In the case of a development consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Planning Act 2008.

;

• (b) in subsection (9) after paragraph (a) insert—

(aa) if the obligation is a development consent obligation, contains a statement to that effect;

;

• (c) after subsection (13) insert—

(14) In this section and section 106A “development consent obligation” means a planning obligation entered into in connection with an application (or a proposed application) for an order granting development consent.

• (3) In section 106A(11) (modification and discharge of planning obligations: meaning of “the appropriate authority”) after paragraph (a) insert—

(aa) the Secretary of State, in the case of any development consent obligation where the application in connection with which the obligation was entered into was (or is to be) decided by the Secretary of State; (ab) the Infrastructure Planning Commission, in the case of any other development consent obligation;

.

• (4) In section 106B(1) (appeals) after “an authority” insert “ (other than the Secretary of State or the Infrastructure Planning Commission) ”.

• (5) After section 106B insert—

(106C) (1) A court may entertain proceedings for questioning a failure by the Secretary of State or the Infrastructure Planning Commission to give notice as mentioned in section 106A(7) only if— (a) the proceedings are brought by a claim for judicial review, and (b) the claim form is filed during the period of 6 weeks beginning with the day on which the period prescribed under section 106A(7) ends. (2) A court may entertain proceedings for questioning a determination by the Secretary of State or the Infrastructure Planning Commission that a planning obligation shall continue to have effect without modification only if— (a) the proceedings are brought by a claim for judicial review, and (b) the claim form is filed during the period of 6 weeks beginning with the day on which notice of the determination is given under section 106A(7).

Blighted land

Blighted land: England and Wales

175

• (1) TCPA 1990 is amended as follows.

• (2) In Schedule 13 (blighted land) after paragraph 23 insert—

(24) Land falls within this paragraph if— (a) the compulsory acquisition of the land is authorised by an order granting development consent, or (b) the land falls within the limits of deviation within which powers of compulsory acquisition conferred by an order granting development consent are exercisable, or (c) an application for an order granting development consent seeks authority to compulsorily acquire the land. (25) Land falls within this paragraph if the land is in a location identified in a national policy statement as suitable (or potentially suitable) for a specified description of development. Land ceases to fall within this paragraph when the national policy statement— (a) ceases to have effect, or (b) ceases to identify the land as suitable or potentially suitable for that description of development.

• (3) In section 150(1)(b) (notices requiring purchase of blighted land)—

• (a) for “21 or” insert “ 21, ”,

• (b) after “notes)” insert “ or paragraph 24 ”, and

• (c) after “Schedule 13 and” insert “ (except in the case of land falling within paragraph 24(c) of that Schedule) ”.

• (4) In section 151 (counter-notices objecting to blight notices) after subsection (7) insert—

(7A) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 25 of Schedule 13 do not include those mentioned in subsection (4)(b).

• (5) After section 165 (power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served) insert—

(165A) Where a blight notice has been served in respect of land falling within paragraph 25 of Schedule 13, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.

• (6) In section 169 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 6) after subsection (5) insert—

(6) In relation to land falling within paragraph 25 of Schedule 13, “the appropriate authority” is— (a) if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker; (b) in any other case, the Secretary of State. (7) If any question arises by virtue of subsection (6)— (a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or (b) which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes, that question shall be referred to the Secretary of State, whose decision shall be final. (8) In subsections (6) and (7) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11.

• (7) In section 170 (“appropriate enactment” for purposes of Chapter 2) after subsection (8) insert—

(8A) In relation to land falling within paragraph 24(a) or (b) of that Schedule, “the appropriate enactment” is the order granting development consent. (8B) In relation to land falling within paragraph 24(c) of that Schedule, “the appropriate enactment” is an order in the terms of the order applied for. (8C) In relation to land falling within paragraph 25 of that Schedule, “the appropriate enactment” is section 165A.

• (8) In section 171(1) (general interpretation of Chapter 2 of Part 6) at the appropriate place insert—

“national policy statement” has the meaning given by section 5(2) of the Planning Act 2008;

.

Blighted land: Scotland

176

• (1) The Town and Country Planning (Scotland) Act 1997 (c. 8) is amended as follows.

• (2) In Schedule 14 (blighted land) after paragraph 16 insert—

(17) (1) This paragraph applies to land which relates to the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line— (a) one end of which is in England or Wales, and (b) the other end of which is in Scotland, where one of the following conditions is met. (2) The conditions are— (a) the compulsory acquisition of the land is authorised by an order granting development consent under the Planning Act 2008, (b) the land falls within the limits of deviation within which powers of compulsory acquisition conferred by such an order are exercisable, (c) an application for such an order seeks authority to compulsorily acquire the land. (18) This paragraph applies to land which is in a location identified in a national policy statement as suitable (or potentially suitable) for the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line— (a) one end of which is in England or Wales, and (b) the other end of which is in Scotland. Land ceases to be within this paragraph when the national policy statement— (a) ceases to have effect, or (b) ceases to identify the land as suitable or potentially suitable for the construction of such a pipe-line.

• (3) In section 100 (scope of Chapter 2 of Part 5) after subsection (5) insert—

(5A) In the application of subsections (3)(a) and (4) in relation to land to which paragraph 17 or 18 of Schedule 14 applies, references to the Scottish Ministers are to be read as references to the Secretary of State.

• (4) In section 101(1)(b) (notices requiring purchase of blighted land)—

• (a) for “or 15” substitute “ , 15 or 17 ”, and

• (b) after “Schedule 14 and” insert “ (except in the case of land falling within paragraph 17 by virtue of paragraph 17(2)(c)) ”.

• (5) In section 102 (counter-notices objecting to blight notices) after subsection (7) insert—

(7A) An objection may not be made on the ground mentioned in paragraph (b) of subsection (4) in a counter-notice to a blight notice served by virtue of paragraph 18 of Schedule 14.

• (6) After section 116 insert—

(116A) Where a blight notice has been served in respect of land falling within paragraph 18 of Schedule 14, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.

• (7) In section 120 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 5) after subsection (4) insert—

(5) In relation to land falling within paragraph 18 of Schedule 14, “the appropriate authority” is— (a) if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker; (b) in any other case, the Secretary of State. (6) If any question arises by virtue of subsection (5)— (a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or (b) which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes, that question shall be referred to the Secretary of State, whose decision shall be final. (7) In subsections (5) and (6) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 10.

• (8) In section 121 (“appropriate enactment” for purposes of Chapter 2) after subsection (7) insert—

(7A) In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(a) or (b), “the appropriate enactment” means the order granting development consent. (7B) In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(c), “the appropriate enactment” means an order in the terms of the order applied for. (7C) In relation to land falling within paragraph 18 of that Schedule, “the appropriate enactment” means section 116A.

• (9) In section 122 (general interpretation of Chapter 2 of Part 5)—

• (a) after the definition of “crofter” insert—

“cross-country pipe-line” has the meaning given by section 66 of the Pipe-lines Act 1962 (c. 58); “gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (see section 7(1) of that Act);

, and

• (b) after the definition of “hereditament” insert—

“national policy statement” has the meaning given by section 5(2) of the Planning Act 2008;

.

Grants

Grants for advice and assistance: England and Wales

177

In section 304A(1) of TCPA 1990 (grants for assisting the provision of advice and assistance in connection with planning matters), after paragraph (b) insert—

(ba) the Planning Act 2008;

.

Grants for advice and assistance: Scotland

178

• (1) The Secretary of State may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to the application of this Act to Scotland.

• (2) The Secretary of State may, as respects any such grant, provide that it is to be subject to such terms and conditions as the Secretary of State thinks appropriate.

Chapter 2 — Other changes to existing planning regimes

Regional functions

Delegation of functions of regional planning bodies

179

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

Local development

Local development documents

180

• (1) PCPA 2004 is amended as follows.

• (2) In section 15(2) (matters which must be specified in local development scheme)—

• (a) omit paragraph (a);

• (b) before paragraph (b) insert—

(aa) the local development documents which are to be development plan documents;

;

• (c) in paragraph (b) for “document” substitute “ development plan document ”;

• (d) omit paragraph (c);

• (e) in paragraphs (d) and (f) for “documents” substitute “ development plan documents ”.

• (3) In section 17 (local development documents)—

• (a) omit subsections (1) and (2);

• (b) in subsection (3) for “The local development documents” substitute “ The local planning authority's local development documents ”;

• (c) in subsection (4) for the words before “in relation to development which is a county matter” substitute “ Where a county council is required to prepare a minerals and waste development scheme in respect of an area, the council's local development documents must (taken as a whole) set out the council's policies (however expressed) for that area ”;

• (d) in subsection (7), before paragraph (a) insert—

(za) which descriptions of documents are, or if prepared are, to be prepared as local development documents;

.

• (4) In section 18 (statements of community involvement)—

• (a) for subsection (3) substitute—

(3) For the purposes of this Part (except sections 19(2) and 24) the statement of community involvement is a local development document. This is subject to section 17(8).

;

• (b) after subsection (3) insert—

(3A) The statement of community involvement must not be specified as a development plan document in the local development scheme.

;

• (c) omit subsections (4) to (6).

• (5) In section 19 (preparation of local development documents)—

• (a) in subsection (1) for “Local development documents” substitute “ Development plan documents ”;

• (b) in subsection (2) after “In preparing a” insert “ development plan document or any other ”;

• (c) in subsection (3) for “other local development documents” substitute “ local development documents (other than their statement of community involvement) ”;

• (d) in subsection (5) for “document” substitute “ development plan document ”.

• (6) In section 37 (interpretation of Part 2)—

• (a) in subsection (2) for “section 17” substitute “ sections 17 and 18(3) ”;

• (b) for subsection (3) substitute—

(3) A development plan document is a local development document which is specified as a development plan document in the local development scheme.

• (7) In section 38 (development plan) after subsection (8) insert—

(9) Development plan document must be construed in accordance with section 37(3).

Climate change

Regional spatial strategies: climate change policies

181

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

Development plan documents: climate change policies

182

In section 19 of PCPA 2004 (preparation of local development documents) after subsection (1) insert—

(1A) Development plan documents must (taken as a whole) include policies designed to secure that the development and use of land in the local planning authority's area contribute to the mitigation of, and adaptation to, climate change.

Good design

Good design

183

In section 39 of PCPA 2004 (sustainable development) after subsection (2) insert—

(2A) For the purposes of subsection (2) the person or body must (in particular) have regard to the desirability of achieving good design.

Correction of errors

Correction of errors in decisions

184

In section 56(3)(c) of PCPA 2004 (appropriate consent required for correction of errors) at the beginning insert “ in a case where the decision document relates to the exercise of a function in relation to Wales, ”.

Validity of strategies, plans and documents

Power of High Court to remit strategies, plans and documents

185

In section 113 of PCPA 2004 (validity of strategies, plans and documents) for subsection (7) substitute—

(7) The High Court may— (a) quash the relevant document; (b) remit the relevant document to a person or body with a function relating to its preparation, publication, adoption or approval. (7A) If the High Court remits the relevant document under subsection (7)(b) it may give directions as to the action to be taken in relation to the document. (7B) Directions under subsection (7A) may in particular— (a) require the relevant document to be treated (generally or for specified purposes) as not having been approved or adopted; (b) require specified steps in the process that has resulted in the approval or adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken; (c) require action to be taken by a person or body with a function relating to the preparation, publication, adoption or approval of the document (whether or not the person or body to which the document is remitted); (d) require action to be taken by one person or body to depend on what action has been taken by another person or body. (7C) The High Court's powers under subsections (7) and (7A) are exercisable in relation to the relevant document— (a) wholly or in part; (b) generally or as it affects the property of the applicant.

Power of High Court to remit unitary development plans in Wales

186

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

Determination of applications

Power to decline to determine applications: amendments

187

Schedule 7 (power to decline to determine applications: amendments) has effect.

Planning permission

Local development orders: removal of requirement to implement policies

188

• (1) Section 61A of TCPA 1990 (local development orders) is amended as set out in subsections (2) and (3).

• (2) Omit subsection (1) (requirement to implement policies).

• (3) In subsection (2) for “A local development order may” substitute “ A local planning authority may by order (a local development order) ”.

• (4) In paragraph 2 of Schedule 4A to TCPA 1990 (revision of local development orders) omit sub-paragraphs (4) and (5).

Compensation where development order or local development order withdrawn

189

• (1) Section 108 of TCPA 1990 (compensation for refusal or conditional grant of planning permission formerly granted by development order or local development order) is amended as follows.

• (2) After subsection (2) insert—

(2A) Where— (a) planning permission granted by a development order for development in England of a prescribed description is withdrawn by the issue of directions under powers conferred by the order, or (b) planning permission granted by a local development order for development in England is withdrawn by the issue of directions under powers conferred by the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the directions took effect.

• (3) After subsection (3A) insert—

(3B) This section does not apply if— (a) in the case of planning permission granted by a development order, the condition in subsection (3C) is met; (b) in the case of planning permission granted by a local development order, the condition in subsection (3D) is met. (3C) The condition referred to in subsection (3B)(a) is that— (a) the planning permission is granted for development in England of a prescribed description, (b) the planning permission is withdrawn in the prescribed manner, (c) notice of the withdrawal was published in the prescribed manner not less than 12 months or more than the prescribed period before the withdrawal took effect, and (d) either— (i) the development authorised by the development order had not started before the notice was published, or (ii) the development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn. (3D) The condition referred to in subsection (3B)(b) is that— (a) the planning permission is granted for development in England, (b) the planning permission is withdrawn by the revocation or amendment of the local development order, or by the issue of directions under powers conferred by the local development order, (c) notice of the revocation, amendment or directions was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation, amendment or directions (as the case may be) took effect, and (d) either— (i) the development authorised by the local development order had not started before the notice was published, or (ii) the local development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.

• (4) After subsection (4) insert—

(5) Regulations under this section prescribing a description of development may (in particular) do so by reference to one or more classes or descriptions of development specified in a development order. (6) In this section “prescribed” means prescribed by regulations made by the Secretary of State.

Power to make non-material changes to planning permission

190

• (1) TCPA 1990 is amended as follows.

• (2) After section 96 insert—

(96A) (1) A local planning authority in England may make a change to any planning permission relating to land in their area if they are satisfied that the change is not material. (2) In deciding whether a change is material, a local planning authority must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission as originally granted. (3) The power conferred by subsection (1) includes power— (a) to impose new conditions; (b) to remove or alter existing conditions. (4) The power conferred by subsection (1) may be exercised only on an application made by or on behalf of a person with an interest in the land to which the planning permission relates. (5) An application under subsection (4) must be made in the form and manner prescribed by development order. (6) Subsection (7) applies in relation to an application under subsection (4) made by or on behalf of a person with an interest in some, but not all, of the land to which the planning permission relates. (7) The application may be made only in respect of so much of the planning permission as affects the land in which the person has an interest. (8) A local planning authority must comply with such requirements as may be prescribed by development order as to consultation and publicity in relation to the exercise of the power conferred by subsection (1).

• (3) In section 5(3) (purposes for which Broads Authority is the sole local district planning authority) for “97” substitute “ 96A ”.

• (4) In section 69(1) (register of applications etc)—

• (a) after paragraph (a) insert—

(aa) applications for non-material changes to planning permission under section 96A;

,

• (b) in subsection (2)(a) after “(1)(a)” insert “ and (aa) ”, and

• (c) in subsection (4) after “(1)(a)” insert “ , (aa) ”.

• (5) In section 286(1) (challenges to validity on ground of authority's powers) after paragraph (a) insert—

(aa) an application for non-material changes to planning permission under section 96A;

.

• (6) In Schedule 1 (local planning authorities: distribution of functions), in paragraph 3(1), after paragraph (a) insert—

(aa) applications for non-material changes to planning permission under section 96A;

.

Validity of planning decisions

Validity of orders, decisions and directions

191

• (1) Section 284(3) of TCPA 1990 (validity of certain actions on the part of the Secretary of State) is amended as follows.

• (2) Before paragraph (a) insert—

(za) any decision on an application referred to the Secretary of State under section 76A;

.

• (3) In paragraph (a) omit “for planning permission”.

Trees

Tree preservation orders

192

• (1) Chapter 1 of Part 8 of TCPA 1990 (special controls: trees) is amended as follows.

• (2) In section 198 (power to make tree preservation orders) omit—

• (a) subsections (3) and (4) (provision that may be made by tree preservation orders),

• (b) subsection (6) (matters to which tree preservation orders do not apply), and

• (c) subsections (8) and (9) (power to make provision about application for consent under tree preservation order).

• (3) Omit section 199 (form of and procedure applicable to tree preservation orders).

• (4) Omit section 201 (provisional tree preservation orders).

• (5) In section 202 (power for Secretary of State or Welsh Ministers to make tree preservation orders), omit subsection (3) (procedure applicable to orders made by Secretary of State or Welsh Ministers).

• (6) Omit sections 203 to 205 (compensation in connection with tree preservation orders).

• (7) After section 202 insert—