Housing and Planning Act 2016

(8A) (1) A local planning authority who have the function of determining applications for planning permission or permission in principle shall, if requested to do so by a neighbourhood forum for an area which (or any part of which) is situated in the authority's area, notify the neighbourhood forum of— (a) any relevant planning application; and (b) any alteration to that application accepted by the authority. (2) In this paragraph— - “neighbourhood forum” means an organisation or body designated as such under section 61F; - “relevant planning application” means an application which— 1. relates to land in the area for which the neighbourhood forum is designated; and 2. is an application for— 1. planning permission or permission in principle; or 2. approval of a matter reserved under an outline planning permission within the meaning of section 92. (3) Sub-paragraphs (3) to (6) of paragraph 8 have effect for the purposes of this paragraph, any reference to a parish council being read as a reference to a neighbourhood forum.

Local planning

Power to direct amendment of local development scheme

143

• (1) In section 15 of the Planning and Compulsory Purchase Act 2004 (local development scheme), before subsection (4) insert—

(3A) If a local planning authority have not prepared a local development scheme, the Secretary of State or the Mayor of London may— (a) prepare a local development scheme for the authority, and (b) direct the authority to bring that scheme into effect.

• (2) In subsections (4) and (8AA) of that section, for “effective coverage” substitute “ full and effective coverage (both geographically and with regard to subject matter) ”.

• (3) In subsections (4A)(a), (5), (6), (6A) and (6B)(a) of that section, after “under subsection” insert “ (3A) or ”.

Power to give direction to examiner of development plan document

144

In section 20 of the Planning and Compulsory Purchase Act 2004 (independent examination), after subsection (6) insert—

(6A) The Secretary of State may by notice to the person appointed to carry out the examination— (a) direct the person not to take any step, or any further step, in connection with the examination of the development plan document, or of a specified part of it, until a specified time or until the direction is withdrawn; (b) require the person— (i) to consider any specified matters; (ii) to give an opportunity, or further opportunity, to specified persons to appear before and be heard by the person; (iii) to take any specified procedural step in connection with the examination. In this subsection “specified” means specified in the notice.

Intervention by Secretary of State

145

• (1) In section 21 of the Planning and Compulsory Purchase Act 2004 (intervention by Secretary of State), in subsection (3), after “if” insert “ or to the extent that ”.

• (2) In subsection (5) of that section—

• (a) in paragraph (a), after “until the Secretary of State gives his decision” insert “ , or withdraws the direction ”;

• (b) for paragraph (b) substitute—

(b) if the direction is given, and not withdrawn, before the authority have submitted the document under section 20(1), the Secretary of State must hold an independent examination;

;

• (c) in paragraph (c), for “he” substitute “ , and is not withdrawn before those recommendations are made, the person ”;

• (d) for paragraph (d) substitute—

(d) the document has no effect unless the document or (as the case may be) the relevant part of it has been approved by the Secretary of State, or the direction is withdrawn.

• (3) After that subsection insert—

(5A) Subsections (4) to (7C) of section 20 apply to an examination held under subsection (5)(b), the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State. (5B) For the purposes of subsection (5)(d) the “relevant part” of a development plan document is the part that— (a) is covered by a direction under subsection (4) which refers to only part of the document, or (b) continues to be covered by a direction under subsection (4) following the partial withdrawal of the direction.

• (4) At the end of that section insert—

(11) The local planning authority must reimburse the Secretary of State for any expenditure incurred by the Secretary of State under this section that is specified in a notice given to the authority by the Secretary of State.

• (5) After that section insert—

(21A) (1) If the Secretary of State is considering whether to give a direction to a local planning authority under section 21 in relation to a development plan document or other local development document, he may direct the authority not to take any step in connection with the adoption of the document— (a) until the time (if any) specified in the direction, or (b) until the direction is withdrawn. (2) A document to which a direction under this section relates has no effect while the direction is in force. (3) A direction given under this section in relation to a document ceases to have effect if a direction is given under section 21 in relation to that document.

Secretary of State’s default powers

146

For section 27 of the Planning and Compulsory Purchase Act 2004 substitute—

(27) (1) This section applies if the Secretary of State thinks that a local planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document. (2) The Secretary of State may— (a) prepare or revise (as the case may be) the document, or (b) give directions to the authority in relation to the preparation or revision of the document. (3) The Secretary of State must either— (a) hold an independent examination, or (b) direct the authority to submit the document for independent examination. (4) The Secretary of State must either— (a) publish the recommendations and reasons of the person appointed to hold the examination, or (b) give directions to the authority in relation to publication of those recommendations and reasons. (5) The Secretary of State may— (a) approve the document, or approve it subject to specified modifications, as a local development document, (b) direct the authority to consider adopting the document by resolution of the authority as a local development document, or (c) (except where it was prepared or revised by the Secretary of State under subsection (2)(a)) reject the document. (6) Subsections (4) to (7C) of section 20 apply (subject to subsection (7) below) to an examination held under subsection (3)(a), the reference to the local planning authority in subsection (7C) of that section being read as a reference to the Secretary of State. (7) Subsections (5)(c), (7)(b)(ii) and (7B)(b) of section 20 do not apply to an independent examination held— (a) under subsection (3)(a), or (b) in response to a direction under subsection (3)(b), in respect of a document prepared or revised by the Secretary of State under subsection (2)(a). (8) The Secretary of State must give reasons for anything he does in pursuance of subsection (2) or (5). (9) The authority must reimburse the Secretary of State for any expenditure he incurs in connection with anything— (a) which is done by him under subsection (2)(a), and (b) which the authority failed or omitted to do as mentioned in subsection (1).

Default powers exercisable by Mayor of London or combined authority

147

• (1) After section 27 of the Planning and Compulsory Purchase Act 2004 insert—

(27A) Schedule A1 (default powers exercisable by Mayor of London or combined authority) has effect.

• (2) Before Schedule 1 to that Act insert, as Schedule A1, the Schedule set out in Schedule 11 to this Act.

• (3) In section 17 of that Act (local development documents), at the end of subsection (8) insert—

(c) is approved by the Mayor of London under paragraph 2 of Schedule A1; (d) is approved by a combined authority under paragraph 6 of that Schedule.

Costs of independent examinations held by Secretary of State

148

• (1) Section 303A of the Town and Country Planning Act 1990 (responsibility of local planning authorities for costs of holding certain inquiries etc) is amended as follows.

• (2) In subsection (1A), after “section 20” insert “ , 21(5)(b), 27(3)(a) ”.

• (3) For subsection (9A) substitute—

(9A) A reference to a local planning authority causing a qualifying procedure to be carried out includes a reference to the case where under the Planning and Compulsory Purchase Act 2004— (a) the local planning authority are required to submit a document to the appropriate authority for independent examination, or (b) the Secretary of State holds an independent examination in relation to a document prepared by the local planning authority, or by the Secretary of State under section 27(2)(a) of that Act.

Planning in Greater London

Planning powers of the Mayor of London

149

• (1) In section 2A of the Town and Country Planning Act 1990 (power of Mayor of London to decide applications of potential strategic importance), in subsection (6), for “areas, and” substitute

areas; (aa) may prescribe matters by reference to the spatial development strategy, or a development plan document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004), as it has effect from time to time;

.

• (2) In section 74 of that Act (directions etc as to method of dealing with applications), in subsection (1B)—

• (a) in paragraph (a), for “London borough to refuse” substitute

London borough— (i) to consult with the Mayor of London before granting or refusing an application for planning permission, or permission in principle, that is an application of a prescribed description, or (ii) to refuse

;

• (b) in paragraph (c), for “such a direction;” substitute “ a direction given by virtue of paragraph (a)(ii). ”;

• (c) omit the words after that paragraph.

• (3) After that subsection insert—

(1BA) In subsection (1B) “prescribed” means— (a) prescribed by a development order, or (b) specified in directions made under a development order by the Secretary of State or the Mayor of London. (1BB) Matters prescribed under subsection (1B) by a development order may be prescribed by reference to the spatial development strategy, or a development plan document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004), as it has effect from time to time.

Permission in principle and local registers of land

Permission in principle for development of land

150

• (1) After section 58 of the Town and Country Planning Act 1990 insert—

(58A) (1) Permission in principle may be granted for housing-led development of land in England as provided in section 59A. (2) Permission in principle may not be granted for development consisting of the winning and working of minerals. (3) For the effect of permission in principle, see section 70(2ZZA) to (2ZZC) (application for technical details consent must be determined in accordance with permission in principle, except after a prescribed period). (4) A reference to permission in principle in any provision of this Act in its application to land in Wales, or in its application to functions of the Welsh Ministers or other authorities in Wales, is to be ignored.

• (2) After section 59 of that Act insert—

(59A) (1) A development order may either— (a) itself grant permission in principle, in relation to land in England that is allocated for development in a qualifying document (whether or not in existence when the order is made) for development of a prescribed description; or (b) provide for the granting by a local planning authority in England, on application to the authority in accordance with the provisions of the order, of permission in principle for development of a prescribed description. (2) In this section— - “prescribed” means prescribed in a development order; - “qualifying document” means a document, as it has effect from time to time, which— 1. falls within subsection (3), 2. indicates that the land in question is allocated for development for the purposes of this section, and 3. contains prescribed particulars in relation to the land allocated and the kind of development for which it is allocated. (3) The following documents fall within this subsection— (a) a register maintained in pursuance of regulations under section 14A of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”); (b) a development plan document within the meaning of Part 2 of the 2004 Act (see section 37 of that Act); (c) a neighbourhood development plan within the meaning given by section 38A of the 2004 Act. (4) Permission in principle granted by a development order takes effect— (a) when the qualifying document takes effect, if the land in question is allocated for development in the document at that time; (b) otherwise, when the qualifying document is revised so that the land in question is allocated for development. But a development order may provide that, if the local planning authority so directs, permission in principle does not take effect until the date specified by the local planning authority in the direction. (5) For the purposes of subsection (4)(a)— (a) a register maintained in pursuance of regulations under section 14A of the 2004 Act takes effect when it is first published; (b) a development plan document takes effect when it is adopted or approved under Part 2 of the 2004 Act; (c) a neighbourhood development plan takes effect when it is made by the local planning authority. (6) Permission in principle granted by a development order is not brought to an end by the qualifying document ceasing to have effect or being revised. (7) Permission in principle granted by a development order ceases to have effect on the expiration of— (a) five years beginning with the date on which it takes effect; or (b) such other period (whether longer or shorter) beginning with that date as the local planning authority may direct. (8) Permission in principle granted by a local planning authority ceases to have effect on the expiration of— (a) three years beginning with the date on which it takes effect; or (b) such other period (whether longer or shorter) beginning with that date as the local planning authority may direct. (9) The Secretary of State may by regulations amend subsection (7)(a) or (8)(a) by substituting a shorter period for the period for the time being specified there. (10) A development order— (a) may make provision in relation to an application for planning permission for development of land in respect of which permission in principle has been granted; (b) may require the local planning authority to prepare, maintain and publish a register containing prescribed information as to permissions in principle granted by a development order. (11) In exercising a power of direction conferred by virtue of subsection (4), or conferred by subsection (7)(b) or (8)(b), a local planning authority must have regard to the provisions of the development plan and any other material considerations. (12) In exercising any other function exercisable by virtue of this section, or in exercising any function in relation to an application for planning permission for development of land in respect of which permission in principle has been granted, a local planning authority must have regard to any guidance issued by the Secretary of State. (13) In relation to an application for permission in principle which under any provision of this Part is made to, or determined by, the Secretary of State instead of the local planning authority, a reference in subsection (1) or (8) to a local planning authority has effect (as necessary) as a reference to the Secretary of State.

• (3) In section 70 of that Act (determination of applications: general considerations)—

• (a) after subsection (1) insert—

(1A) Where an application is made to a local planning authority for permission in principle— (a) they may grant permission in principle; or (b) they may refuse permission in principle.

;

• (b) after subsection (2) insert—

(2ZZA) The authority must determine an application for technical details consent in accordance with the relevant permission in principle. This is subject to subsection (2ZZC). (2ZZB) An application for technical details consent is an application for planning permission that— (a) relates to land in respect of which permission in principle is in force, (b) proposes development all of which falls within the terms of the permission in principle, and (c) particularises all matters necessary to enable planning permission to be granted without any reservations of the kind referred to in section 92. (2ZZC) Subsection (2ZZA) does not apply where— (a) the permission in principle has been in force for longer than a prescribed period, and (b) there has been a material change of circumstances since the permission came into force. “Prescribed” means prescribed for the purposes of this subsection in a development order.

• (4) In section 333 of that Act (regulations and orders), after subsection (3) insert—

(3ZA) No regulations may be made under section 59A(9) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

• (5) Schedule 12 (permission in principle for development of land: minor and consequential amendments) has effect.

Local planning authority to keep register of particular kinds of land

151

• (1) In Part 2 of the Planning and Compulsory Purchase Act 2004 (local development), after section 14 insert—

(14A) (1) The Secretary of State may make regulations requiring a local planning authority in England to prepare, maintain and publish a register of land within (or partly within) the authority's area which— (a) is of a prescribed description, or (b) satisfies prescribed criteria. (2) The regulations may require the register to be kept in two or more parts. A reference to the register in the following subsections includes a reference to a prescribed part of the register. (3) The regulations may make provision permitting the local planning authority to enter in the register land within (or partly within) the authority's area which— (a) is of a prescribed description or satisfies prescribed criteria, and (b) is not required by the regulations to be entered in the register. (4) The regulations may— (a) require or authorise a local planning authority to carry out consultation and other procedures in relation to entries in the register; (b) specify descriptions of land that are not to be entered in the register; (c) confer a discretion on a local planning authority, in prescribed circumstances, not to enter in the register land of a prescribed description that the authority would otherwise be required to enter in it; (d) require a local planning authority exercising the discretion referred to in paragraph (c) to explain why they have done so; (e) specify information to be included in the register; (f) make provision about revising the register. (5) The regulations may specify a description of land by reference to a description in national policies and advice. (6) The regulations may confer power on the Secretary of State to require a local planning authority— (a) to prepare or publish the register, or to bring the register up to date, by a specified date; (b) to provide the Secretary of State with specified information, in a specified form and by a specified date, in relation to the register. In this subsection “specified” means specified by the Secretary of State. (7) In exercising their functions under the regulations, a local planning authority must have regard to— (a) the development plan; (b) national policies and advice; (c) any guidance issued by the Secretary of State for the purposes of the regulations. (8) In this section “national policies and advice” means national policies and advice contained in guidance issued by the Secretary of State (as it has effect from time to time).

• (2) In section 33 of that Act (power to direct that Part 2 of that Act does not apply to the area of an urban development corporation), for “that this Part does not apply” substitute

that the provisions of— (a) this Part, or (b) any particular regulations made under section 14A, do not apply

.

Planning permission etc

Approval condition where development order grants permission for building

152

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

(1A) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for building operations in England, the order may require the approval of the local planning authority, or the Secretary of State, to be obtained— (a) for those operations, or (b) with respect to any matters that relate to those operations, or to the use of the land in question following those operations, and are specified in the order.

• (2) In subsection (2) of that section, after “any buildings” insert “ in Wales ”.

• (3) In subsection (2B) of that section, for “subsection (1)” substitute “ subsections (1) and (1A) ”.

• (4) In section 70A of that Act (power to decline to determine subsequent application), in subsection (5)(b), for “section 60(2)” substitute “ section 60(1A), (2) ”.

Planning applications that may be made directly to Secretary of State

153

• (1) In section 62A of the Town and Country Planning Act 1990 (when application may be made directly to Secretary of State), in subsection (1), for paragraphs (a) and (b) substitute—

(a) the local planning authority concerned is designated by the Secretary of State for applications of a description specified in the designation; and (b) the application falls within that description.

• (2) After that subsection insert—

(1A) Only prescribed descriptions of application may be specified in a designation under subsection (1).

• (3) For subsection (2) of that section substitute—

(2) In this section “relevant application” means— (a) an application for planning permission, or permission in principle, for the development of land in England, or (b) 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, but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations.

• (4) In subsection (3)(a)(i) of that section omit “, or for conservation area consent,”.

• (5) In section 62B of that Act (designation for the purposes of section 62A), after subsection (1) insert—

(1A) A document to which subsection (2) applies may set out different criteria for each description of application prescribed under section 62A(1A).

Planning freedoms: right for local areas to request alterations to planning system

154

• (1) If the following conditions are met, the Secretary of State may by regulations make a planning freedoms scheme, having effect for a specified period, in relation to a specified planning area in England.

A “planning freedoms scheme” is a scheme that disapplies or modifies specified planning provisions in order to facilitate an increase in the amount of housing in the planning area concerned.

• (2) The first condition is that the relevant planning authority or authorities have requested the Secretary of State to make a planning freedoms scheme for their area.

• (3) The second condition is that the Secretary of State is satisfied—

• (a) that there is a need for a significant increase in the amount of housing in the planning area concerned,

• (b) that the planning freedoms scheme will contribute to such an increase, and

• (c) that adequate consultation has been carried out.

• (4) The third condition is that—

• (a) the relevant planning authority or authorities have prepared a summary of the views expressed in the consultation referred to in subsection (3)(c), and

• (b) the Secretary of State has considered that summary.

• (5) For the purposes of subsection (3)(c) consultation is “adequate” only if—

• (a) the relevant authority or authorities publish an explanation of what the proposed planning freedoms scheme is expected to involve, and

• (b) persons in the planning area concerned, and other persons likely to be affected, have a reasonable opportunity to communicate their views about the proposed scheme.

• (6) The Secretary of State may decide to restrict the number of planning freedoms schemes in force at any one time (and accordingly is not required to make a scheme merely because the conditions in this section are met).

• (7) The Secretary of State may by regulations bring a planning freedoms scheme to an end, and must do so if the relevant planning authority or, as the case may be, any of the relevant planning authorities so request.

• (8) In this section—

• “planning area” means the area of a local planning authority, or an area comprising two or more adjoining areas of local planning authorities;

• “planning provision” means a provision to do with planning that is contained in or made under any Act;

• “relevant planning authority” means the local planning authority for an area that is or forms part of a planning area;

• “specified” means specified in regulations under subsection (1).

Local planning authorities: information about financial benefits

155

After section 75 of the Town and Country Planning Act 1990 insert—

(75ZA) (1) A local planning authority in England must make arrangements to ensure that the required financial benefits information is included in each report which— (a) is made by an officer or agent of the authority for the purposes of a non-delegated determination of an application for planning permission, and (b) contains a recommendation as to how the authority should determine the application in accordance with section 70(2). (2) The required financial benefits information is— (a) a list of any financial benefits (whether or not material to the application) which are local finance considerations or benefits of a prescribed description, and which appear to the person making the report to be likely to be obtained— (i) by the authority, or (ii) by a person of a prescribed description or (if regulations so provide) by any person, as a result of the proposed development (if it is carried out); (b) in relation to each listed financial benefit, a statement of the opinion of the person making the report as to whether the benefit is material to the application; (c) any other prescribed information about a listed financial benefit. (3) In this section— - “local finance consideration” has the same meaning as in section 70; - “non-delegated determination” means a determination that is not delegated to an officer of the authority in question; - “officer” includes employee. (4) Regulations under this section may— (a) prescribe a description of financial benefits by reference to the amount or value of the benefit; (b) make different provision for different kinds of local planning authority or different kinds of development.

Local planning authorities: information about neighbourhood development plans

156

After section 75ZA of the Town and Country Planning Act 1990 (inserted by section 155 above) insert—

(75ZB) (1) This section applies where— (a) a report of the kind mentioned in section 75ZA(1) recommends the grant of planning permission or permission in principle, and (b) the proposed development is in an area for which a neighbourhood development plan (made under section 38A of the Planning and Compulsory Purchase Act 2004) is in force. (2) The report must— (a) set out how the plan was taken into account in making the recommendation, and (b) identify any points of conflict between the plan and the recommendation.

Planning applications etc: setting of fees

157

In section 303 of the Town and Country Planning Act 1990 (fees for planning applications etc), after subsection (8) insert—

(8A) If a draft of regulations of the Secretary of State under this section would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

Planning obligations

Resolution of disputes about planning obligations

158

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

(106ZA) Schedule 9A (resolution of disputes about planning obligations) has effect.

• (2) After Schedule 9 to that Act insert, as Schedule 9A, the Schedule set out in Schedule 13 to this Act.

• (3) In section 106 of that Act, in subsection (1), for “and sections 106A to 106C” substitute “ , sections 106A to 106C and Schedule 9A ”.

Planning obligations and affordable housing

159

• (1) After section 106ZA of the Town and Country Planning Act 1990 (inserted by section 158 above) insert—

(106ZB) (1) Regulations made by the Secretary of State may impose restrictions or conditions on the enforceability of planning obligations entered into with regard to the provision of— (a) affordable housing, or (b) prescribed descriptions of affordable housing. (2) Regulations under this section— (a) may make consequential, supplementary, incidental, transitional or saving provision; (b) may impose different restrictions or conditions (or none) depending on the size, scale or nature of the site or the proposed development to which any planning obligations would relate. Paragraph (b) is without prejudice to the generality of section 333(2A). (3) This section does not apply in relation to a planning obligation if— (a) planning permission for the development was granted wholly or partly on the basis of a policy for the provision of housing on rural exception sites, or (b) the obligation relates to development in a National Park or in an area designated under section 82 of the Countryside and Rights of Way Act 2000 as an area of outstanding natural beauty. (4) In this section “affordable housing” means new dwellings in England that— (a) are to be made available for people whose needs are not adequately served by the commercial housing market, or (b) are starter homes within the meaning of Chapter 1 of Part 1 of the Housing and Planning Act 2016 (see section 2 of that Act). (5) “New dwelling” here means a building or part of a building that— (a) has been constructed for use as a dwelling and has not previously been occupied, or (b) has been adapted for use as a dwelling and has not been occupied since its adaptation. (6) The Secretary of State may by regulations amend this section so as to modify the definition of “affordable housing”.

• (2) In section 333 of that Act (regulations and orders), after subsection (3ZA) (inserted by section 150(4) above) insert—

(3ZB) No regulations may be made under section 106ZB unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

Nationally significant infrastructure projects

Development consent for projects that involve housing

160

• (1) Section 115 of the Planning Act 2008 (development for which development consent may be granted) is amended as follows.

• (2) At the end of subsection (1) insert

, or (c) related housing development.

• (3) In subsection (2)(b), for “is not” substitute “ does not consist of or include ”.

• (4) Before subsection (5) insert—

(4B) Related housing development” means development which— (a) consists of or includes the construction or extension of one or more dwellings, (b) is on the same site as, or is next to or close to, any part of the development within subsection (1)(a), or is otherwise associated with that development (or any part of it), (c) is to be carried out wholly in England, and (d) meets the condition in subsection (4C). (4C) Development meets the condition in this subsection if the development within subsection (1)(a) to which it is related is to be carried out in one or more of the following areas— (a) England; (b) waters adjacent to England up to the seaward limits of the territorial sea.

• (5) In subsection (5), after “associated development” insert “ or related housing development ”.

• (6) At the end insert—

(7) The Secretary of State, in deciding an application for an order granting development consent for development that includes related housing development, must take into account any matters set out in guidance published by the Secretary of State.

Powers for piloting alternative provision of processing services

Processing of planning applications by alternative providers

161

• (1) The Secretary of State may by regulations provide for temporary arrangements in particular areas in England to test the practicality and desirability of competition in the processing (but not determining) of applications to do with planning.

• (2) The regulations may make provision—

• (a) for an application for planning permission that falls to be determined by a specified local planning authority in England to be processed, if the applicant so chooses, not by that authority but by a designated person;

• (b) for any connected application also to be processed by a designated person and not by that authority.

• (3) The regulations must specify a period after which any such provision ceases to apply.

That period (whether as originally specified or as subsequently extended) must end no later than five years after the first regulations under this section come into force.

• (4) The Secretary of State must—

• (a) review the operation and effectiveness of any arrangements made under the regulations;

• (b) no later than 12 months after the date when the arrangements (or the last of them) cease to have effect—

• (i) lay a report before each House of Parliament, or

• (ii) make a statement to the House of Parliament of which that Secretary of State is a member,

setting out the results and conclusions of the review.

• (5) The regulations may provide that—

• (a) they apply only to applications that relate to development of a specified description;

• (b) designations of persons by the Secretary of State (see subsection (13)) may be made so as to apply only in relation to applications that relate to development of a specified description.

• (6) The regulations may—

• (a) apply or disapply, in relation to England, any enactment about planning;

• (b) modify the effect of any such enactment in relation to England.

• (7) The regulations may not contain anything that allows or requires, or could allow or require, the responsible planning authority's duty to determine an application to be carried out, to any extent, by a designated person on the authority's behalf.

• (8) Nothing said or done by a designated person appointed under the regulations to process an application is binding on the responsible planning authority when determining the application.

• (9) Before making the first regulations under this section the Secretary of State must consult such representatives of local planning authorities, and such other persons, as the Secretary of State thinks fit.

• (10) Sections 162 to 164, which set out matters that may be included in regulations under this section, do not limit the power in section 214(6) (to make supplementary provision etc).

• (11) For the purposes of this group of sections (that is, this section and sections 162 to 164), processing an application means taking any action in relation to the application (other than determining it) of a kind that—

• (a) might otherwise be taken by or for the responsible planning authority, and

• (b) is specified in the regulations.

• (12) In this group of sections “connected application”, in relation to an application for planning permission that is to be or has been processed by a designated person under the regulations (“the main application”), means—

• (a) an application for approval of a matter reserved under an outline planning permission within the meaning of section 92 of the Town and Country Planning Act 1990 (where the main application resulted in the grant of such permission), or

• (b) an application of a specified description, made under or by virtue of an enactment about planning, that relates to some or all of the land to which the main application relates.

• (13) In this group of sections “designated person” means a person—

• (a) who is designated by the Secretary of State in accordance with the regulations, and

• (b) whose designation has not been withdrawn in accordance with the regulations.

The Secretary of State may designate a local planning authority.

• (14) In this group of sections—

• “local planning authority” has the same meaning as in the Town and Country Planning Act 1990;

• “planning permission” means planning permission under Part 3 of that Act;

• “responsible planning authority”, in relation to an application for planning permission or a connected application, means the local planning authority responsible for determining the application;

• “specified” means specified in regulations under this section.

Regulations under section 161: general

162

• (1) Regulations under section 161 may—

• (a) require a designated person (subject to any specified exceptions) to process an application for planning permission if chosen to do so by an applicant;

• (b) provide that, where an application for planning permission is to be or has been processed by a designated person, any connected application must (subject to any specified exceptions) also be processed by that person;

• (c) allow a responsible planning authority to take over the processing of an application for planning permission, or a connected application, in specified circumstances.

• (2) The regulations may make provision about—

• (a) eligibility to act as a designated person;

• (b) the capacity of a local planning authority to act as a designated person;

• (c) actions to be taken or procedures to be followed—

• (i) by persons making applications for planning permission or connected applications,

• (ii) by designated persons, or

• (iii) by responsible planning authorities,

and periods within which the actions or procedures are to be taken or followed;

• (d) matters to be considered by designated persons or responsible planning authorities;

• (e) performance standards for designated persons;

• (f) the investigation of complaints or concerns about designated persons;

• (g) cases where a person ceases to be a designated person or where a designated person is unable to continue processing an application.

• (3) The provision that may be made under subsection (2)(c) includes provision requiring a designated person to provide assistance to the responsible planning authority in connection with—

• (a) any appeal against the authority's determination of the application;

• (b) any application to the court made in relation to that determination.

• (4) The provision that may be made under subsection (2)(f) includes—

• (a) provision about the payment of compensation;

• (b) provision for a designated person to be required to indemnify the responsible authority for any compensation that the authority is required to pay;

• (c) provision applying anything in Part 3 of the Local Government Act 1974 (local government administration) with or without modifications.

• (5) The regulations may confer powers on the Mayor of London or the Secretary of State in cases where a direction is given under section 2A or 77 of the Town and Country Planning Act 1990 (“call-in” directions).

Regulations under section 161: fees and payments

163

• (1) Regulations under section 161 may make provision about—

• (a) the setting, publication and charging of fees by designated persons or responsible planning authorities;

• (b) the refunding of fees, by designated persons or responsible planning authorities, in specified circumstances.

• (2) The provision that may be made under subsection (1)(a) includes provision giving power to the Secretary of State to prevent the charging of fees that he or she considers excessive.

• (3) The provision that may be made under subsection (1)(b) includes provision requiring a designated person or a responsible planning authority to refund to an applicant some or all of a fee paid by the applicant to a designated person where the person or the authority fails to do a particular thing within a specified period.

• (4) The regulations may authorise the making of payments by the Secretary of State to local planning authorities or designated persons.

Regulations under section 161: information

164

• (1) Regulations under section 161 may make provision—

• (a) requiring responsible planning authorities to disclose information to designated persons;

• (b) requiring designated persons to disclose information to responsible planning authorities or to other designated persons;

• (c) restricting the uses to which information disclosed by virtue of paragraph (a) or (b) may be put;

• (d) restricting further disclosure of such information.

• (2) The regulations may make provision for designated persons or responsible planning authorities to be required to provide information to the Secretary of State.

Review of minimum energy performance requirements

Review of minimum energy performance requirements

165

After section 2B of the Building Act 1984 insert—

(2C) The Secretary of State must carry out a review of any minimum energy performance requirements approved by the Secretary of State under building regulations in relation to dwellings in England.

Urban development corporations

Designation of urban development areas: procedure

166

• (1) Section 134 of the Local Government, Planning and Land Act 1980 (urban development areas) is amended as follows.

• (2) After subsection (1) insert—

(1A) Before making an order under subsection (1) in relation to land in England, the Secretary of State must consult the following persons— (a) persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the proposed urban development area; (b) persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the proposed urban development area; (c) each local authority for an area which falls wholly or partly within the proposed urban development area; and (d) any other person whom the Secretary of State considers it appropriate to consult.

• (3) For subsection (4) substitute—

(4) A statutory instrument containing an order made by the Secretary of State under subsection (1) does not have effect until approved by a resolution of each House of Parliament. (4A) If a draft of an instrument containing an order by the Secretary of State under subsection (1) would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument. (4B) An order made by the Welsh Ministers under subsection (1) (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) does not have effect until approved by a resolution of the National Assembly for Wales. (4C) An order made by the Scottish Ministers under subsection (1) (by virtue of section 53 of the Scotland Act 1998) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

Establishment of urban development corporations: procedure

167

• (1) Section 135 of the Local Government, Planning and Land Act 1980 (urban development corporations) is amended as follows.

• (2) After subsection (1) insert—

(1A) Before making an order under this section in relation to an urban development area in England, the Secretary of State must consult the following persons— (a) persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the urban development area; (b) persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the urban development area; (c) each local authority for an area which falls wholly or partly within the urban development area; and (d) any other person whom the Secretary of State considers it appropriate to consult.

• (3) For subsection (3) substitute—

(3) A statutory instrument containing an order made by the Secretary of State under this section does not have effect until approved by a resolution of each House of Parliament. (3A) If a draft of an instrument containing an order by the Secretary of State under this section would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument. (3B) An order made by the Welsh Ministers under this section (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) does not have effect until approved by a resolution of the National Assembly for Wales. (3C) An order made by the Scottish Ministers under this section (by virtue of section 53 of the Scotland Act 1998) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

Sections 166 and 167: consequential repeals

168

In the Deregulation Act 2015, omit sections 46 and 47.

New towns

Designation of new town areas and establishment of corporations: procedure

169

• (1) The New Towns Act 1981 is amended as follows.

• (2) In section 1 (designation of areas)—

• (a) after subsection (3) insert—

(3A) Before making an order under this section designating an area of land in England as the site of a proposed new town, the Secretary of State must consult the following persons (as well as the local authorities mentioned in subsection (1))— (a) persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the site; (b) persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the site; (c) any other person whom the Secretary of State considers it appropriate to consult.

• (b) in subsection (4), after “section” insert “ designating areas of land in Wales ”.

• (3) In section 3 (establishment of development corporations for new towns), after subsection (2) insert—

(2A) Before making an order under this section in relation to a site in England, the Secretary of State must consult the following persons— (a) persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the site; (b) persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the site; (c) every county or district council for an area which falls wholly or partly within the site; (d) any other person whom the Secretary of State considers it appropriate to consult.

• (4) In section 77 (regulations and orders)—

• (a) after subsection (3) insert—

(3ZA) The power of the Secretary of State to make orders under section 3 is also exercisable by statutory instrument.

;

• (b) after subsection (3A) insert—

(3B) A statutory instrument containing an order made by the Secretary of State under section 1, 2 or 3 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (3C) If a draft of an instrument containing an order of the Secretary of State under section 1, 2 or 3 would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

;

• (c) in subsection (4), for the words before paragraph (a) substitute “ A statutory instrument that is made by the Welsh Ministers (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) under any of the following provisions of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales— ”;

• (d) in subsection 4(a)(ii), omit “a county planning authority or, where the order is one designating an area in Wales, by”.

• (5) In Schedule 1 (procedure for designating area), before paragraph 1 (and before the italic heading before that paragraph) insert—

(A1) This Schedule applies only in relation to an order under section 1 designating an area of land in Wales as the site of a proposed new town.

New towns: objects of development corporations in England

170

In section 4 of the New Towns Act 1981 (objects and general powers of development corporations), after subsection (1) insert—

(1A) In pursuing those objects a development corporation that is established for the purposes of a new town in England must aim to contribute to the achievement of sustainable development. (1B) For the purposes of subsection (1A) a development corporation must (in particular) have regard to the desirability of good design.

Sustainable drainage

Sustainable drainage

171

The Secretary of State must carry out a review of planning legislation, government planning policy and local planning policies concerning sustainable drainage in relation to the development of land in England.

PART 7 — Compulsory purchase etc

Right to enter and survey land

Right to enter and survey land

172

• (1) A person authorised in writing by an acquiring authority may enter and survey or value land in connection with a proposal to acquire an interest in or a right over land.

• (2) The person—

• (a) may only enter and survey or value land at a reasonable time, and

• (b) may not use force unless a justice of the peace has issued a warrant under section 173(1) authorising the person to do so.

• (3) The person must, if required when exercising or seeking to exercise the power conferred by subsection (1), produce—

• (a) evidence of the authorisation, and

• (b) a copy of any warrant issued under section 173(1).

• (4) An authorisation under subsection (1) may relate to the land which is the subject of the proposal or to other land.

• (5) If the land is unoccupied or the occupier is absent from the land when the person enters it, the person must leave it as secure against trespassers as when the person entered it.

• (6) In this section and sections 173 to 178 —

• (a) “acquiring authority” means a person who could be authorised to acquire compulsorily the land to which the proposal mentioned in subsection (1) relates (regardless of whether the proposal is to acquire an interest in or a right over the land or to take temporary possession of it), and

• (b) “owner” has the meaning given in section 7 of the Acquisition of Land Act 1981.

Warrant authorising use of force to enter and survey land

173

• (1) A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred by section 172(1) if satisfied—

• (a) that another person has prevented or is likely to prevent the exercise of that power, and

• (b) that it is reasonable to use force in the exercise of that power.

• (2) The force that may be authorised by a warrant is limited to that which is reasonably necessary.

• (3) A warrant authorising the person to use force must specify the number of occasions on which the authority can rely on the warrant when entering and surveying or valuing land.

• (4) The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry and survey or valuation are required.

• (5) Any evidence in proceedings for a warrant under this section must be given on oath.

Notice of survey and copy of warrant

174

• (1) The acquiring authority must give every owner or occupier of land at least 14 days' notice before the first day on which the authority intends to enter the land in exercise of the power conferred by section 172.

• (2) Notice given in accordance with subsection (1) must include—

• (a) a statement of the recipient's rights under section 176, and

• (b) a copy of the warrant, if there is one.

• (3) If the authority proposes to do any of the following, the notice must include details of what is proposed—

• (a) searching, boring or excavating;

• (b) leaving apparatus on the land;

• (c) taking samples;

• (d) an aerial survey;

• (e) carrying out any other activities that may be required to facilitate compliance with the instruments mentioned in subsection (5).

• (4) If the authority obtains a warrant after giving notice in accordance with subsection (1) it must give a copy of the warrant to all those to whom it gave that notice.

• (5) The instruments referred to in subsection (3)(e) are—

• (a) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended from time to time,

• (b) Council Directive 92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended from time to time, or

• (c) any EU instrument from time to time replacing all or part of those Directives.

Enhanced authorisation procedures etc. for certain surveys

175

• (1) A written authorisation from the appropriate Minister is required before a person enters and surveys or values land in exercise of the power conferred by section 172 if—

• (a) the land is held by a statutory undertaker,

• (b) within the notice period mentioned in section 174(1), the statutory undertaker objects to the proposed entry and survey or valuation in writing to the acquiring authority, and

• (c) the objection is that the proposed entry and survey or valuation would be seriously detrimental to the statutory undertaker carrying on its undertaking.

• (2) In subsection (1)—

• “the appropriate Minister” means—in the case of land in Wales held by a water or sewerage undertaker, the Welsh Ministers, andin any other case, the Secretary of State;

• “statutory undertaker” means—any person who is, or who is deemed to be, a statutory undertaker for the purposes of section 16 or 17 of the Acquisition of Land Act 1981 or of any provision of Part 11 of the Town and Country Planning Act 1990, andany person in relation to whom the electronic communications code is applied by a direction under section 106(3)(a) of the Communications Act 2003.

• (3) Where the survey or valuation is to take place in a street, the following sections of the New Roads and Street Works Act 1991 apply to the survey or valuation as if it were street works—

• (a) section 55 (notice of starting date of works),

• (b) section 69 (requirements to be complied with where works likely to affect another person's apparatus in the street), and

• (c) section 82 (liability for damage or loss caused).

• (4) In the application of those sections references to an “undertaker” are to be read as references to the acquiring authority which authorised the survey or valuation.

• (5) See section 169(4) of the Water Industry Act 1991 and section 171(4) of the Water Resources Act 1991 for additional procedures in relation to the exercise of the power in section 172 on behalf of a water undertaker, the Environment Agency or the Natural Resources Body for Wales.

Right to compensation after entry on or survey of land

176

• (1) A person interested in land is entitled to compensation from the acquiring authority for damage as a result of the exercise of the power conferred by section 172.

• (2) Any disputes relating to compensation under this section are to be determined by the Upper Tribunal.

• (3) The provisions of section 4 of the Land Compensation Act 1961 apply to the determination of such disputes, with any necessary modifications.

Offences in connection with powers to enter land

177

• (1) A person who without reasonable excuse obstructs another person in the exercise of the power conferred by section 172 commits an offence.

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

• (3) A person commits an offence if the person discloses confidential information, obtained in the exercise of the power conferred by section 172, for purposes other than those for which the power was exercised.

• (4) A person who commits an offence under subsection (3) is liable—

• (a) on summary conviction to a fine,

• (b) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine, or both.

• (5) In subsection (3) “confidential information” means information—

• (a) which constitutes a trade secret, or

• (b) the disclosure of which would or would be likely to prejudice the commercial interests of any person.

Right to enter and survey or value Crown land

178

• (1) Sections 172 to 177 apply in relation to Crown land.

• (2) But a person may only exercise the power conferred by section 172 in relation to Crown land if the person has the permission of the appropriate authority.

• (3) In this section, “Crown land” and “the appropriate authority” have the meaning given in section 293 of the Town and Country Planning Act 1990.

Amendments to do with sections 172 to 178

179

Schedule 14 amends legislation conferring rights of entry relating to the acquisition of an interest in or a right over land in England and Wales.

Confirmation and time limits

Timetable for confirmation of compulsory purchase order

180

After section 14A of the Acquisition of Land Act 1981 (confirmation by acquiring authorities) insert—

(14B) (1) The Secretary of State must publish one or more timetables in relation to steps to be taken by confirming authorities, other than the Welsh Ministers, in confirming a compulsory purchase order. (2) Different timetables may be published in relation to— (a) different confirming authorities, or (b) different types of compulsory purchase order. (3) The Secretary of State may at any time revise a timetable published under this section. (4) The validity of an order is not affected by any failure to comply with a timetable published under this section. (5) The Secretary of State must lay before Parliament an annual report showing the extent to which confirming authorities have complied with any applicable timetable published under this section. (6) A report laid by the Secretary of State under this section need not include information about a confirming authority if the number of compulsory purchase orders submitted to it is lower than a minimum specified by the Secretary of State in the report. (14C) (1) The Welsh Ministers may publish one or more timetables in relation to steps to be taken by them in confirming a compulsory purchase order. (2) Different timetables may be published in relation to different types of compulsory purchase order. (3) The Welsh Ministers may at any time revise a timetable published under this section. (4) The validity of an order is not affected by any failure to comply with a timetable published under this section. (5) The Welsh Ministers must lay before the National Assembly for Wales an annual report showing the extent to which they have complied with any applicable timetable published under this section.

Confirmation by inspector

181

• (1) The Acquisition of Land Act 1981 is amended as follows.

• (2) After section 14C (inserted by section 180 of this Act), insert—

(14D) (1) A confirming authority may appoint a person (“an inspector”) to act instead of it in relation to the confirmation of a compulsory purchase order to which section 13A applies. (2) An inspector may be appointed to act in relation to— (a) a specific compulsory purchase order, or (b) a description of compulsory purchase orders. (3) An inspector— (a) has the same functions as a confirming authority under this Part (excluding this section), (b) retains those functions even if all remaining objections are withdrawn after the inspector has begun to act in relation to a compulsory purchase order, and (c) may hold a public local inquiry under section 13A(3)(a) or act as the person appointed to hear remaining objections under section 13A(3)(b). (4) Where an inspector is to act in relation to a compulsory purchase order, the confirming authority must inform— (a) every person who has made a remaining objection, and (b) the acquiring authority. (5) Where an inspector decides whether or not to confirm the whole or part of a compulsory purchase order, the inspector's decision is to be treated as that of the confirming authority. (6) The confirming authority may at any time— (a) revoke its appointment of an inspector, and (b) appoint another inspector. (7) If the confirming authority revokes its appointment of an inspector while the inspector is acting in relation to a compulsory purchase order and does not replace the inspector, the authority must give its reasons— (a) to the inspector whose appointment has been revoked, and (b) to all those informed under subsection (4). (8) Where in any enactment there is a provision that applies in relation to a confirming authority acting under this Part, that provision is to be read as applying equally in relation to an inspector so far as the context permits. (9) In this section “remaining objection” is to be construed in accordance with section 13A.

• (3) In section 2 (procedure for authorisation), for subsection (2) substitute—

(2) A compulsory purchase order authorising a compulsory purchase by an authority other than a Minister is to be— (a) made by that authority, (b) submitted to the confirming authority, and (c) confirmed in accordance with Part 2 of this Act.

Time limits for notice to treat or general vesting declaration

182

• (1) For section 4 of the Compulsory Purchase Act 1965 substitute—

(4) A notice to treat may not be served by the acquiring authority after the end of the period of 3 years beginning with the day on which the compulsory purchase order becomes operative.

• (2) After section 5 of the Compulsory Purchase (Vesting Declarations) Act 1981 insert—

(5A) A general vesting declaration may not be executed after the end of the period of 3 years beginning with the day on which the compulsory purchase order becomes operative.

Vesting declarations: procedure

Notice of general vesting declaration procedure

183

Schedule 15 changes the notice requirements for general vesting declarations.

Earliest vesting date under general vesting declaration

184

In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (execution of declaration vesting land at the end of a period of not less than 28 days from the date of service), in subsection (1) for “28 days” substitute “ 3 months ”.

No general vesting declaration after notice to treat

185

In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (execution of declaration), after subsection (1) insert—

(1A) But an acquiring authority may not execute a declaration in respect of land if they have served a notice to treat in respect of that land and have not withdrawn it. (1B) In subsection (1A) the reference to an authority having “served” a notice does not include cases in which the authority is deemed to have served a notice.

Possession following notice to treat etc

Extended notice period for taking possession following notice to treat

186

• (1) The Compulsory Purchase Act 1965 is amended as follows.

• (2) In section 11 (powers of entry)—

• (a) in subsection (1)—

• (i) for “not less than fourteen days notice” substitute “ a notice of entry ”; and

• (ii) after “specified in the notice” insert “ , after the end of a period specified in the notice ”;

• (b) after subsection (1) insert—

(1A) A notice of entry under subsection (1) must specify the period after the end of which the acquiring authority may enter on and take possession of the land to which the notice relates. (1B) The period specified in a notice of entry under subsection (1) must not end earlier than the end of the period of 3 months beginning with the day on which the notice is served unless it is a notice to which section 11A(4) or paragraph 13 of Schedule 2A applies.

• (3) After section 11 insert—

(11A) (1) This section applies where— (a) an acquiring authority have given a notice of entry under section 11(1) but have not yet entered on and taken possession of the land, and (b) the authority become aware of an owner, lessee or occupier (“the newly identified person”) to whom they ought to have given a notice to treat under section 5(1) but have not. (2) Any notice of entry already served under section 11(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified person— (a) a notice to treat under section 5(1), and (b) a notice of entry under section 11(1). (3) Subsection (4) applies for the purpose of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person if— (a) the person is an occupier of the land and the authority were not aware of the person because they were given misleading information when carrying out inquiries under section 5(1), or (b) the person is not an occupier of the land. (4) The period specified in the notice must be a period that ends— (a) no earlier than the end of the period of 14 days beginning with the day on which the notice of entry is served, and (b) no earlier than the end of the period specified in any previous notice of entry given by the acquiring authority in respect of the land.

Counter-notice requiring possession to be taken on specified date

187

• (1) The Compulsory Purchase Act 1965 is amended as follows.

• (2) In section 11 (powers of entry), after subsection (1B) (inserted by section 186 of this Act), insert—

(1C) A notice of entry under subsection (1) must explain the effect of section 11B (counter-notice requiring possession to be taken on specified date) and give an address at which the acquiring authority may be served with a counter-notice.

• (3) After section 11A (inserted by section 186 above) insert—

(11B) (1) Where an acquiring authority serve a notice of entry under section 11(1) on an occupier with an interest in land, the occupier may serve a counter-notice requiring the acquiring authority to take possession of the land by no later than a date specified in the counter-notice. (2) If the occupier gives up possession of the land on or before the specified date the acquiring authority are to be treated as having taken possession on that date (unless the acquiring authority has in fact taken possession before that date). (3) The date specified in the counter-notice— (a) must not be before the end of the period specified in the notice of entry under section 11(1), and (b) must be at least 28 days after the day on which the counter-notice is served. (4) A counter-notice under subsection (1) has no effect if the notice to treat relating to the land is withdrawn or ceases to have effect before the date specified in the counter-notice. (5) A counter-notice under subsection (1) has no effect if it would require an acquiring authority to take possession of land at a time when section 11A or paragraph 6 of Schedule 2A prohibit the authority from entering on and taking possession of the land. (6) If subsection (5) applies, the authority must notify the occupier who served the counter-notice— (a) that the counter-notice has no effect, and (b) if the authority serve a notice of entry as mentioned in section 11A(2)(b), of the date after which the authority could enter on and take possession of the land. (7) If a counter-notice served under subsection (1) has no effect because of subsection (5), the occupier who served it may serve a further counter-notice. (8) Where a notice of entry under section 11(1) is served on more than one occupier with the same interest in the land, a reference in this section to the occupier with an interest in land is to all of them acting together.

Agreement to extend notice period for possession following notice to treat

188

In section 11 of the Compulsory Purchase Act 1965 (powers of entry), after subsection (1C) (inserted by section 187 of this Act), insert—

(1D) An acquiring authority may extend the period specified in a notice of entry under subsection (1) by agreement with each person on whom it was served. (1E) A reference in this Act to the period specified in a notice of entry under subsection (1) is to the period as extended by any agreement under subsection (1D).

Corresponding amendments to the New Towns Act 1981

189

• (1) Schedule 6 to the New Towns Act 1981 (modification of compulsory purchase legislation as applied for the purposes of the Act) is amended as follows.

• (2) In paragraph 4—

• (a) in sub-paragraph (1)—

• (i) in the words before paragraph (a), after “every owner of that land” insert “ so far as known to the acquiring authority after making diligent inquiry in accordance with section 5(1) of the Compulsory Purchase Act 1965 ”;

• (ii) in the words after paragraph (b), omit “(not being less than 14 days)”;

• (b) after sub-paragraph (2) insert—

(2A) The period specified in a notice under sub-paragraph (1) must not end earlier than the end of the period of 3 months beginning with the day on which the notice is served unless— (a) it is a notice to which paragraph 4A(4) applies, or (b) it is a notice to which paragraph 13 of Schedule 2A to the Compulsory Purchase Act 1965 (as modified by paragraph 1(2)(g) above) applies. (2B) A notice under sub-paragraph (1) must explain the effect of paragraph 4B (counter-notice requiring possession to be taken on specified date) and give an address at which the acquiring authority may be served with a counter-notice. (2C) An acquiring authority may extend the period specified in a notice under sub-paragraph (1) by agreement with each person on whom it was served. (2D) A reference in this Schedule to the period specified in a notice under sub-paragraph (1) is to the period as extended by any agreement under sub-paragraph (2C).

• (3) After paragraph 4 insert—

(4A) (1) This paragraph applies where— (a) an acquiring authority have given a notice under paragraph 4(1) but have not yet entered on and taken possession of the land, and (b) the authority become aware of an owner (“the newly identified owner”) to whom they ought to have given a notice to treat under section 5(1) of the Compulsory Purchase Act 1965 but have not. (2) Any notice already served under paragraph 4(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified owner— (a) a notice to treat under section 5(1) of the Compulsory Purchase Act 1965, and (b) a notice under paragraph 4(1). (3) Sub-paragraph (4) applies for the purpose of determining the period to be specified in the notice under paragraph 4(1) served on the newly identified owner if— (a) the owner is an occupier of the land and the authority were not aware of the owner because they were given misleading information when carrying out inquiries under section 5(1) of the Compulsory Purchase Act 1965, or (b) the owner is not an occupier of the land. (4) The period must be a period that ends— (a) no earlier than the end of the period of 14 days beginning with the day on which the notice of entry is served, and (b) no earlier than the end of the period specified in any previous notice under paragraph 4(1) given by the acquiring authority in respect of the land. (5) This paragraph applies instead of section 11A of the Compulsory Purchase Act 1965. (4B) (1) Where the acquiring authority serves a notice under paragraph 4(1) on an occupier with an interest in land, the occupier may serve a counter-notice requiring the acquiring authority to take possession of the land by no later than a date specified in the counter-notice. (2) If the occupier gives up possession of the land on or before the specified date, the acquiring authority is to be treated as having taken possession on that date (unless the acquiring authority has in fact taken possession before that date). (3) The date specified in the counter-notice— (a) must not be before the end of the period specified in the notice under paragraph 4(1), and (b) must be at least 28 days after the day on which the counter-notice is served. (4) A counter-notice under sub-paragraph (1) has no effect if the notice to treat relating to the land is withdrawn or ceases to have effect before the date specified in the counter-notice. (5) A counter-notice under sub-paragraph (1) has no effect if it would require an acquiring authority to take possession of land at a time when either paragraph 4A of this Schedule or paragraph 6 of Schedule 2A to the Compulsory Purchase Act 1965 prohibit the authority from entering on and taking possession of the land. (6) If sub-paragraph (5) applies, the authority must notify the occupier who served the counter-notice— (a) that the counter-notice has no effect, and (b) if the authority serve a notice under paragraph 4(1) of this Schedule as mentioned in paragraph 4A(2)(b) of this Schedule, of the date after which the authority could enter on and take possession of the land. (7) If a counter-notice served under sub-paragraph (1) has no effect because of sub-paragraph (5), the occupier who served it may serve a further counter-notice. (8) Where a notice under paragraph 4(1) is served on more than one occupier with the same interest in the land, a reference in this section to the occupier with an interest in land is to all of them acting together. (9) This paragraph applies instead of section 11B of the Compulsory Purchase Act 1965.

Abolition of alternative possession procedure following notice to treat

190

Schedule 16 abolishes the alternative procedure for taking possession of land under section 11(2) of, and Schedule 3 to, the Compulsory Purchase Act 1965.

Extended notice period for taking possession following vesting declaration

191

In section 9 of the Compulsory Purchase (Vesting Declarations) Act 1981 (minor tenancies and tenancies about to expire), in subsection (2), for “14 days” substitute “ 3 months ”.

Compensation

Making a claim for compensation

192

• (1) After section 4 of the Land Compensation Act 1961 (costs) insert—

(4A) (1) The appropriate national authority may by regulations impose further requirements about the notice mentioned in section 4(1)(b). (2) In subsection (1) “appropriate national authority” means— (a) in relation to a claim for compensation for the compulsory acquisition of land in England, the Secretary of State; (b) in relation to a claim for compensation for the compulsory acquisition of land in Wales, the Welsh Ministers. (3) Regulations under subsection (1) may make provision about— (a) the form and content of the notice, and (b) the time at which the notice must be given. (4) Regulations under subsection (1) may permit or require a person specified in the regulations to design the form of the notice. (5) Regulations under subsection (1) may require an acquiring authority to supply, at specified stages of the compulsory acquisition process, copies of a form to be used in giving the notice. (6) Regulations under subsection (1) are to be made by statutory instrument. (7) A statutory instrument containing regulations under subsection (1) is subject to annulment— (a) in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament; (b) in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.

• (2) In section 5 of the Compulsory Purchase Act 1965 (notice to treat and untraced owners), after subsection (2) insert—

(2ZA) For provision about notice of claims for compensation, see sections 4 and 4A of the Land Compensation Act 1961.

Compensation after withdrawal of notice to treat

193

• (1) Section 31 of the Land Compensation Act 1961 (withdrawal of notices to treat) is amended in accordance with subsections (2) and (3).

• (2) After subsection (3) insert—

(3A) Where the acquiring authority withdraw a notice to treat under this section, the authority shall also be liable to pay a person compensation for any loss or expenses occasioned by the person as a result of the giving and withdrawal of the notice to treat if the person— (a) acquired the interest to which the notice to treat relates before its withdrawal, and (b) has not subsequently been given a notice to treat in relation to that interest.

• (3) In subsection (4), after “(3)” insert “ or (3A) ”.

• (4) In Schedule 18 to the Planning and Compensation Act 1991 (provisions under which compensation is payable with interest), in Part 1, in the entry relating to the Land Compensation Act 1961, after “section 31(3)” insert “ or (3A) ”.

Making a request for advance payment of compensation

194

• (1) The Land Compensation Act 1973 is amended as follows.

• (2) In section 52 (right to advance payment of compensation), for subsection (2) substitute—

(2) A request for advance payment must be made in writing by the person entitled to it (“the claimant”) and must include— (a) details of the claimant's interest in the land, and (b) information to enable the acquiring authority to estimate the amount of the compensation in respect of which the advance payment is to be made. (2A) Within 28 days of receiving a request, the acquiring authority must— (a) determine whether they have enough information to estimate the amount of compensation, and (b) if they need more information, require the claimant to provide it.

• (3) In section 52ZC (land subject to mortgage: supplementary), for subsection (2) substitute—

(2) Within 28 days of receiving a request for a payment under section 52ZA or 52ZB, the acquiring authority must— (a) determine whether they have enough information to give effect to section 52ZA or, as the case may be, 52ZB, and (b) if they need more information, require the claimant to provide it.

• (4) After section 52ZC (land subject to mortgage: supplementary) insert—

(52ZD) (1) The appropriate national authority may by regulations impose requirements about the form and content of a request under section 52(2), 52ZA(3) or 52ZB(3). (2) In subsection (1) “appropriate national authority” means— (a) in relation to a request relating to the compulsory acquisition of land in England, the Secretary of State; (b) in relation to a request relating to the compulsory acquisition of land in Wales, the Welsh Ministers. (3) Regulations under subsection (1) may permit or require a person specified in the regulations to design a form to be used in making a request. (4) Regulations under subsection (1) may require an acquiring authority to supply, at specified stages of the compulsory acquisition process, copies of a form to be used in making a request. (5) Regulations under subsection (1) are to be made by statutory instrument. (6) A statutory instrument containing regulations under subsection (1) is subject to annulment— (a) in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament; (b) in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.

Power to make and timing of advance payment

195

• (1) The Land Compensation Act 1973 is amended as follows.

• (2) In section 52 (right to advance payment of compensation)—

• (a) for subsections (1) to (1B) substitute—

(1) An acquiring authority may make an advance payment on account of compensation payable by them for the compulsory acquisition of an interest in land if a request has been made under subsection (2) after the compulsory acquisition has been authorised. (1A) In a case where the compulsory acquisition is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority may not make an advance payment if they have not taken possession of the land, but must do so if they have. (1B) In all other cases, an acquiring authority must make an advance payment under subsection (1) if, before or after the request is made, the authority— (a) give a notice of entry under section 11(1) of the Compulsory Purchase Act 1965, or (b) execute a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of that land.

;

• (b) for subsection (4) substitute—

(4) An advance payment required by subsection (1A) must be made— (a) before the end of the day on which the authority take possession of the land, or (b) if later, before the end of the period of two months beginning with the day on which the authority— (i) received the request for the advance payment, or (ii) received any further information required under subsection (2A)(b). (4ZA) An advance payment required by subsection (1B) must be made— (a) before the end of the day on which the notice of entry is given or the general vesting declaration is executed, or (b) if later, before the end of the period of two months beginning with the day on which the authority— (i) received the request for the advance payment, or (ii) received any further information required under subsection (2A)(b).

;

• (c) omit subsection (11).

• (3) In section 52ZA (advance payments: land subject to mortgage for up to 90% of value), for subsection (1) substitute—

(1) This section applies if— (a) a request is made for an advance payment under section 52(1) in respect of land, (b) the authority is required by section 52(1A) or (1B) to make the advance payment, and (c) the land is subject to a mortgage the principal of which does not exceed 90% of the relevant amount.

• (4) In section 52ZB (advance payments: land subject to mortgage for more than 90% of value)—

• (a) for subsection (1) substitute—

(1) This section applies if— (a) a request is made for an advance payment under section 52(1) in respect of land, (b) the authority would be required by section 52(1A) or (1B) to make the advance payment if it were not for this section, and (c) the land is subject to a mortgage the principal of which exceeds 90% of the relevant amount.

;

• (b) in subsection (9)(c) for “section 52ZA(1)(b)” substitute “ section 52ZA(1)(c) ”.

• (5) In section 52ZC (land subject to mortgage: supplementary provisions)—

• (a) after subsection (3) insert—

(3A) In a case where the compulsory acquisition to which the request relates is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority must make any payment under section 52ZA or 52ZB— (a) before the end of the day on which the authority take possession of the land, or (b) if later, before the end of the period of two months beginning with the day on which the authority— (i) received the request under section 52ZA(3) or 52ZB(3), or (ii) received any further information required under subsection (2). (3B) In all other cases, the authority must make any payment under section 52ZA or 52ZB— (a) before the end of the day on which the notice of entry is given or the general vesting declaration is executed, or (b) if later, before the end of the period of two months beginning with the day on which the authority— (i) received the request under section 52ZA(3) or 52ZB(3), or (ii) received any further information required under subsection (2).

;

• (b) in subsection (4) omit “(4) and”.

Interest on advance payments of compensation

196

• (1) The Land Compensation Act 1973 is amended as follows.

• (2) In section 52A (right to interest where advance payment made)—

• (a) in subsection (2), after the words “payment under section 52(1)” insert “ after the date of entry ”;

• (b) after subsection (2A) insert—

(2B) In respect of any period in relation to which the acquiring authority is required to pay interest under section 52B (interest on advance payment), the interest payable under subsection (2) is limited to the interest which accrues on the difference between the total amount and the paid amount.

• (3) After section 52A insert—

(52B) (1) If the acquiring authority are required by section 52(1A) or (1B) to make an advance payment of compensation but pay some or all of it late, the authority must pay interest on the amount which is paid late (“the unpaid amount”). (2) Interest under subsection (1) accrues on the unpaid amount for the period beginning with the day after the last day on which payment could have been made in accordance with section 52(4) or (4ZA). (3) If the amount of the advance payment is greater than the compensation as finally determined or agreed (“the actual amount”), the claimant must repay any interest paid under this section that is attributable to the amount by which the advance payment exceeded the actual amount. (4) The Treasury must by regulations specify the rate of interest for the purposes of subsection (1). (5) Regulations under subsection (4) may contain further provision in connection with the payment of interest under subsection (1). (6) Regulations under subsection (4) are to be made by statutory instrument. (7) A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

Repayment of advance payment where no compulsory purchase

197

• (1) The Land Compensation Act 1973 is amended as follows.

• (2) Section 52 (right to advance payment of compensation) is amended in accordance with subsections (3) and (4).

• (3) Omit subsection (5).

• (4) In subsection (9), for the words from “he disposes” to the end substitute—