Growth and Infrastructure Act 2013

Promoting growth and facilitating provision of infrastructure, and related matters

Option to make planning application directly to Secretary of State

1

• (1) In the Town and Country Planning Act 1990, after section 62 insert—

(62A) (1) A relevant application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) be made instead to the Secretary of State if the following conditions are met at the time it is made— (a) the local planning authority concerned is designated by the Secretary of State for the purposes of this section; and (b) the development to which the application relates (where the application is within subsection (2)(b)(i)), or the development for which outline planning permission has been granted (where the application is within subsection (2)(b)(ii)), is major development. (2) In this section— (a) “major development” means development of a description prescribed by the Secretary of State; (b) “relevant application” means— (i) an application for planning permission for the development of land in England, other than an application of the kind described in section 73(1); or (ii) an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in England. (3) Where a relevant application is made to the Secretary of State under this section, an application under the planning Acts— (a) that is— (i) an application for listed building consent, or for conservation area consent, under the Planning (Listed Buildings and Conservation Areas) Act 1990, or (ii) an application of a description prescribed by the Secretary of State, (b) that is considered by the person making the application to be connected with the relevant application, (c) that would otherwise have to be made to the local planning authority or hazardous substances authority, (d) that is neither a relevant application nor an application of the kind described in section 73(1), and (e) that relates to land in England, may (if the person so chooses) be made instead to the Secretary of State. (4) If an application (“the connected application”) is made to the Secretary of State under subsection (3) but the Secretary of State considers that it is not connected with the relevant application concerned, the Secretary of State may— (a) refer the connected application to the local planning authority, or hazardous substances authority, to whom it would otherwise have been made; and (b) direct that the connected application— (i) is to be treated as having been made to that authority (and not to the Secretary of State under this section), and (ii) is to be determined by that authority accordingly. (5) The decision of the Secretary of State on an application made to the Secretary of State under this section shall be final. (6) The Secretary of State may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Secretary of State under this section that would otherwise have been made to the authority; and directions under this subsection— (a) may relate to a particular application or to applications more generally; and (b) may be given to a particular authority or to authorities more generally. (62B) (1) An authority may be designated for the purposes of section 62A only if— (a) the criteria that are to be applied in deciding whether to designate the authority are set out in a document to which subsection (2) applies, (b) by reference to those criteria, the Secretary of State considers that there are respects in which the authority are not adequately performing their function of determining applications under this Part, and (c) the criteria that are to be applied in deciding whether to revoke a designation are set out in a document to which subsection (2) applies. (2) This subsection applies to a document if— (a) the document has been laid before Parliament by the Secretary of State, (b) the 40-day period for the document has ended without either House of Parliament having during that period resolved not to approve the document, and (c) the document has been published (whether before, during or after the 40-day period for it) by the Secretary of State in such manner as the Secretary of State thinks fit. (3) In this section “the 40-day period” for a document is the period of 40 days beginning with the day on which the document is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid). (4) In calculating the 40-day period for a document, no account is to be taken of any period during which— (a) Parliament is dissolved or prorogued, or (b) both Houses of Parliament are adjourned for more than four days. (5) None of the following may be designated for the purposes of section 62A— (a) the Homes and Communities Agency; (b) the Mayor of London; (c) a Mayoral development corporation; (d) an urban development corporation. (6) The Secretary of State must publish (in such manner as the Secretary of State thinks fit)— (a) any designation of an authority for the purposes of section 62A, and (b) any revocation of such a designation. (62C) (1) If an application is made to the Secretary of State under section 62A(1) and a parish council would be entitled under paragraph 8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must notify the council of— (a) the application, and (b) any alteration to the application accepted by the Secretary of State. (2) Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply to duties of a local planning authority under paragraph 8(1) of that Schedule. (3) An authority designated for the purposes of section 62A must comply with requests from the Secretary of State for details of requests received by the authority under paragraph 8(1) of Schedule 1.

• (2) Schedule 1 (amendments related to applications made under the new section 62A, including provision for such applications to be determined by a person appointed for the purpose unless the Secretary of State otherwise directs) has effect.

Planning proceedings: costs etc

2

• (1) In section 320 of the Town and Country Planning Act 1990 (local inquiries), at the end insert—

(3) In its application by subsection (2) to an inquiry held in England, section 250(4) of that Act has effect as if— (a) after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and (b) after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.

• (2) In section 322 of that Act (orders as to costs of parties where no local inquiry held), after subsection (1A) insert—

(1B) Section 250(4) of the Local Government Act 1972 applies to costs incurred by the Secretary of State, or a person appointed by the Secretary of State, in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to a local inquiry. (1C) In its application for that purpose, section 250(4) of that Act has effect as if— (a) after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and (b) after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”. (1D) Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to an inquiry.

• (3) In section 322A of that Act (costs orders: supplementary), after subsection (2) insert—

(3) Where this section applies in the case of an inquiry or hearing which was to take place in England but did not, section 250(4) of that Act applies to costs incurred by the Secretary of State or a person appointed by the Secretary of State as if— (a) in the case of an inquiry, the inquiry had taken place; (b) in the case of a hearing, the hearing were an inquiry which had taken place. (4) In its application for that purpose, section 250(4) of that Act has effect as if— (a) after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and (b) after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”. (5) Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to a hearing of the kind referred to in subsection (1) or (1A) which was to take place in England but did not as it applies to costs incurred in relation to an inquiry which was to take place but did not.

• (4) In section 322B of that Act (local inquiries in London: costs), in the subsection set out in subsection (5)—

• (a) after “the costs incurred by the Secretary of State in relation to the inquiry” insert “ , or such portion of those costs as he may direct, ”, and

• (b) after “the amount of the costs so incurred” insert “ or, where he directs a portion of them to be paid, the amount of that portion ”.

• (5) In section 323 of that Act (power to make provision about procedure in cases where no inquiry or hearing etc), after subsection (3) insert—

(4) Regulations made by the Secretary of State under this section may include provision as to the circumstances in which, in proceedings in England such as are mentioned in subsection (1) or (1A)— (a) directions may be given under section 250(4) of the Local Government Act 1972 as applied by a prescribed provision of this Act; (b) orders for costs may be made under section 250(5) of that Act as so applied.

• (6) In section 9 of the Tribunals and Inquiries Act 1992 (power to make provision about procedure in inquiries and hearings), after subsection (3) insert—

(3ZA) Rules made by the Lord Chancellor under this section may include provision as to the circumstances in which, in statutory inquiries held in England— (a) directions may be given under section 250(4) of the Local Government Act 1972 as applied by a provision of the Town and Country Planning Act 1990 specified in the rules; (b) orders for costs may be made under section 250(5) of the Local Government Act 1972 as so applied.

• (7) In Schedule 6 to the Town and Country Planning Act 1990 (determination of certain appeals by person appointed by the Secretary of State), in paragraph 2, after sub-paragraph (10) insert—

(11) The Secretary of State may, if he thinks fit, direct that anything in connection with an appeal in England to which this Schedule applies which would otherwise fall to be done by an appointed person shall instead be done by the Secretary of State.

Compulsory purchase inquiries: costs

3

In section 5 of the Acquisition of Land Act 1981 (public local inquiries), after subsection (3) insert—

(4) In relation to each of the matters mentioned in paragraphs (a) and (b) of subsection (3), section 250(5) of the Local Government Act 1972 also applies— (a) where arrangements are made for a public local inquiry to be held in England in pursuance of this Act but the inquiry does not take place; (b) to the costs of a party to a public local inquiry held in England in pursuance of this Act who does not attend the inquiry.

Permitted development rights: prior approvals

4

• (1) In section 60 of the Town and Country Planning Act 1990 (planning permission granted by development order) after subsection (2) insert—

(2A) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development consisting of a change in the use of land in England, the order may require the approval of the local planning authority, or of the Secretary of State, to be obtained— (a) for the use of the land for the new use; (b) with respect to matters that relate to the new use and are specified in the order. (2B) Without prejudice to the generality of subsection (1), a development order may include provision for ensuring— (a) that, before a person in reliance on planning permission granted by the order carries out development of land in England that is a dwelling house or is within the curtilage of a dwelling house— (i) a written description, and a plan, of the proposed development are given to the local planning authority, (ii) notice of the proposed development, and of the period during which representations about it may be made to the local planning authority, is served by the local planning authority on the owner or occupier of any adjoining premises, and (iii) that period has ended, and (b) that, where within that period an owner or occupier of any adjoining premises objects to the proposed development, it may be carried out in reliance on the permission only if the local planning authority consider that it would not have an unacceptable impact on the amenity of adjoining premises. (2C) In subsection (2B) “adjoining premises” includes any land adjoining— (a) the dwelling house concerned, or (b) the boundary of its curtilage.

• (2) In section 70A(5) of that Act (“relevant application” includes an application for approval under section 60(2)) after “60(2)” insert “ , (2A) or (2B) ”.

Local development orders: repeal of pre-adoption intervention powers

5

• (1) The Town and Country Planning Act 1990 is amended as follows.

• (2) Section 61B(1) to (7) (Secretary of State or Welsh Ministers may call in unadopted local development order for approval or may direct that it be modified) cease to apply in relation to England.

• (3) Accordingly—

• (a) in section 61B(1) (power to call in unadopted order) after “local planning authority” insert “ in Wales, ”, and

• (b) in section 61B(6) (power to direct that unadopted order be modified) after “local development order” insert “ being prepared by a local planning authority in Wales ”.

• (4) In section 61B, after subsection (7) insert—

(7A) Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order's adoption as is reasonably practicable.

• (5) In paragraph 1 of Schedule 4A (power to specify procedure for preparing local development orders) after sub-paragraph (2) insert—

(2A) Sub-paragraph (2)(a) applies in relation to England as if for “submission, approval, adoption,” there were substituted “ adoption, post-adoption submission, ”.

• (6) In Schedule 4A omit—

• (a) paragraph 4 (information about local development orders to be included in English planning authorities' monitoring reports under section 35 of the Planning and Compulsory Purchase Act 2004), and

• (b) in paragraph 1(3), the words “35 or”.

Limits on power to require information with planning applications

6

In section 62 of the Town and Country Planning Act 1990 (applications for planning permission) after subsection (4) (limitation of power under section 62(3) to require inclusion of particulars and evidence in an application) insert—

(4A) Also, a requirement under subsection (3) in respect of an application for planning permission for development of land in England— (a) must be reasonable having regard, in particular, to the nature and scale of the proposed development; and (b) may require particulars of, or evidence about, a matter only if it is reasonable to think that the matter will be a material consideration in the determination of the application.

Modification or discharge of affordable housing requirements

7

• (1) After section 106B of the Town and Country Planning Act 1990 insert—