Levelling-up and Regeneration Act 2023

• (b) any other restriction on making the planning data available (however imposed).

• (3) An “approved open licence”, in relation to a planning authority’s planning data, means a licence—

• (a) which sets out terms and conditions under which the planning data may be used by the public free of charge, and

• (b) which is in such form and has such content as is, for the time being, specified or described in a document published by the Secretary of State.

Power to require use of approved planning data software in England

87

• (1) Planning data regulations made by the Secretary of State may make provision restricting or preventing a relevant planning authority in England from using or creating, or having any right in relation to, planning data software which—

• (a) is specified or described in the regulations for the purposes of this subsection, but

• (b) is not approved in writing by the Secretary of State.

• (2) “Planning data software” means software which is capable of being used for the purposes of enabling or facilitating the provision of planning data to, or the processing of planning data by, relevant planning authorities.

Disclosure of planning data does not infringe copyright in certain cases

88

• (1) A relevant planning authority that makes planning data available to a person does not, in doing so, infringe copyright if making the data available is necessary for the purposes of enabling or facilitating—

• (a) the development of planning data software which is to be submitted for approval under section 87(1), or

• (b) the upgrade, modification or maintenance of, or the provision of technical support in respect of, planning data software which is approved under section 87(1).

• (2) The person to whom the planning data is made available does not infringe any copyright by using it for the purpose mentioned in subsection (1) for which it is made available.

Requirements to consult devolved administrations

89

• (1) The Secretary of State may only make planning data regulations which contain provision—

• (a) within Scottish devolved legislative competence, or

• (b) which could be made by the Scottish Ministers,

with the consent of the Scottish Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.

• (2) The Secretary of State may only make planning data regulations which contain provision that confers a function on, or modifies or removes a function of, the Scottish Ministers after consulting the Scottish Ministers, unless—

• (a) that provision is contained in regulations which require the consent of the Scottish Ministers by virtue of subsection (1), or

• (b) that provision is merely incidental to, or consequential on, provision that would be outside Scottish devolved legislative competence.

• (3) Provision is “within Scottish devolved legislative competence” where, if the provision were included in an Act of the Scottish Parliament, it would be within the legislative competence of that Parliament.

• (4) The Secretary of State may only make planning data regulations which contain provision within Welsh devolved legislative competence with the consent of the Welsh Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.

• (5) The Secretary of State may only make planning data regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority after consulting the Welsh Ministers, unless—

• (a) that provision is contained in regulations which require the consent of the Welsh Ministers by virtue of subsection (4), or

• (b) that provision is merely incidental to, or consequential on, provision that would be outside Welsh devolved legislative competence.

• (6) “Devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).

• (7) Provision is “within Welsh devolved legislative competence” where, if the provision were included in an Act of Senedd Cymru, it would be within the legislative competence of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown).

• (8) The Secretary of State may only make planning data regulations which contain provision within Northern Ireland devolved legislative competence with the consent of the relevant Northern Ireland department, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.

• (9) The Secretary of State may only make planning data regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department after consulting the relevant Northern Ireland department, unless—

• (a) that provision is contained in regulations which require the consent of the relevant Northern Ireland department by virtue of subsection (8), or

• (b) that provision is merely incidental to, or consequential on, provision that would be outside Northern Ireland devolved legislative competence.

• (10) The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the provision which is to be contained in the regulations concerned.

• (11) Provision is within “Northern Ireland devolved legislative competence” where the provision—

• (a) would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and

• (b) would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.

• (12) In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

Planning data regulations made by devolved authorities

90

Schedule 13 contains restrictions on the exercise of the powers under this Chapter by devolved authorities.

Interpretation of Chapter

91

In this Chapter—

• “appropriate authority” means— the Secretary of State, a devolved authority, or the Secretary of State acting jointly with one or more devolved authorities;

• “approved data standards” has the meaning given in section 84(3);

• “devolved authority” means— the Scottish Ministers, the Welsh Ministers, or a Northern Ireland department;

• “planning data” has the meaning given in section 84(2);

• “planning data regulations” has the meaning give in section 84(1);

• “planning data software” has the meaning given in section 87(2);

• “process”, in relation to information, means to perform an operation or set of operations on information, or on sets of information, such as— collection, recording, organisation, structuring or storage, adaptation or alteration, retrieval, consultation or use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, or restriction, erasure or destruction;

• “provided” includes submitted, issued, served, notified and published (and related expressions are to be construed accordingly);

• “public authority” means any person certain of whose functions are of a public nature;

• “relevant planning authority” means— a local planning authority (within the meaning given in section 15LH of PCPA 2004), a minerals and waste planning authority (within the meaning given in section 15LH of PCPA 2004), a hazardous substances authority (within the meaning given in the Hazardous Substances Act) in relation to land in England, a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, a combined county authority established under section 9 of this Act, the Greater London Authority, the Mayor of London, a Mayoral development corporation in relation to which a decision of the Mayor under any of subsections (2) to (5) of section 202 of the Localism Act 2011 has effect, an urban development corporation established, for an area in England, under section 135 of the Local Government, Planning and Land Act 1980, a development corporation established, in relation to a site in England, under section 3 of the New Towns Act 1981, the Secretary of State when exercising a function under a relevant planning enactment, a Panel or person who, pursuant to a decision of the Secretary of State under section 61(2) of the Planning Act 2008, is to handle an application for an order granting development consent, a public authority that has functions under Part 6 of this Act, or any other public authority prescribed by planning data regulations that has functions relating to— planning or development in England, or nationally significant infrastructure projects (within the meaning given in the Planning Act 2008);

• “relevant planning enactment” means any enactment comprised in or made under— the Local Government, Planning and Land Act 1980, so far as relating to planning or development in England, the New Towns Act 1981, so far as relating to planning or development in England, TCPA 1990, the Listed Buildings Act, the Hazardous Substances Act, the Planning (Consequential Provisions) Act 1990, Part 8 of GLAA 1999, PCPA 2004, the Planning Act 2008, the Localism Act 2011, so far as relating to planning or development in England, this Part or Part 4 or 6 of this Act, or any other enactment prescribed by planning data regulations to the extent that it confers functions on a public authority relating to— planning or development in England, or nationally significant infrastructure projects (within the meaning given in the Planning Act 2008).

Chapter 2 — Development plans etc

Development plans and national policy

Development plans: content

92

• (1) Section 38 of PCPA 2004 (development plan) is amended as follows.

• (2) In subsection (1), for “(2)” substitute “(2A)”.

• (3) For subsections (2) and (3) substitute—

(2A) For the purposes of any area in England the development plan is— (a) each spatial development strategy that is operative in relation to that area, (b) each local plan which has effect in relation to that area, (c) each minerals and waste plan which has effect in relation to that area, (d) each supplementary plan which has effect in relation to that area, (e) each neighbourhood development plan which has been made in relation to that area, and (f) each policies map for that area.

• (4) For subsection (9) substitute—

(9A) In subsection (2A)— (a) “spatial development strategy”, “local plan”, “minerals and waste plan” and “supplementary plan” have the same meaning as in Part 2 (see, in particular, section 15LH), and (b) policies map must be construed in accordance with section 15LD.

Role of development plan and national policy in England

93

• (1) Section 38 of PCPA 2004 (development plan) is amended as follows.

• (2) After subsection (5) insert—

(5A) For the purposes of any area in England, subsections (5B) and (5C) apply if, for the purposes of any determination to be made under the planning Acts, regard is to be had to— (a) the development plan, and (b) any national development management policies. (5B) Subject to subsections (5) and (5C), the determination must be made in accordance with the development plan and any national development management policies, taken together, unless material considerations strongly indicate otherwise. (5C) If to any extent the development plan conflicts with a national development management policy, the conflict must be resolved in favour of the national development management policy.

• (3) In subsection (6), for “If” substitute “For the purposes of any area in Wales, if”.

• (4) After subsection (9A) (inserted by section 92(4) of this Act) insert—

(9B) National development management policy must be construed in accordance with section 38ZA.

• (5) Schedule 6 amends various Acts relating to planning so that they provide that, in making a determination, regard is to be had to the development plan and any national development management policies.

National development management policies: meaning

94

After section 38 of PCPA 2004 insert—

(38ZA) (1) A “national development management policy” is a policy (however expressed) of the Secretary of State in relation to the development or use of land in England, or any part of England, which the Secretary of State by direction designates as a national development management policy. (2) The Secretary of State may— (a) revoke a direction under subsection (1); (b) modify a national development management policy. (3) The Secretary of State must have regard to the need to mitigate, and adapt to, climate change— (a) in preparing a policy which is to be designated as a national development management policy, or (b) in modifying a national development management policy. (4) Before making or revoking a direction under subsection (1), or modifying a national development management policy, the Secretary of State must ensure that such consultation with, and participation by, the public or any bodies or persons as the Secretary of State thinks appropriate takes place. (5) The only cases in which no consultation or participation need take place under subsection (4) are those where the Secretary of State thinks that none is appropriate because— (a) a proposed modification of a national development management policy does not materially affect the policy or only corrects an obvious error or omission, or (b) it is necessary, or expedient, for the Secretary of State to act urgently.

Spatial development strategy for London

Contents of the spatial development strategy

95

• (1) Section 334 of GLAA 1999 (the spatial development strategy) is amended as follows.

• (2) For subsections (2) to (6) substitute—

(2A) The spatial development strategy must include a statement of the Mayor’s policies (however expressed), in relation to the development and use of land in Greater London, which are— (a) of strategic importance to Greater London, and (b) designed to achieve objectives that relate to the particular characteristics or circumstances of Greater London. (2B) The spatial development strategy may specify or describe infrastructure the provision of which the Mayor considers to be of strategic importance to Greater London for the purposes of— (a) supporting or facilitating development in Greater London, (b) mitigating, or adapting to, climate change, or (c) promoting or improving the economic, social or environmental well-being of Greater London. (2C) The spatial development strategy may specify or describe affordable housing the provision of which the Mayor considers to be of strategic importance to Greater London. (2D) For the purposes of subsections (2A) to (2C) a matter— (a) may be of strategic importance to Greater London if it does not affect the whole area of Greater London, but (b) is not to be regarded as being of strategic importance to Greater London, unless it is of strategic importance to more than one London borough. (2E) The Secretary of State may, by regulations under section 343 below, prescribe further matters the spatial development strategy may, or must, deal with.

• (3) After subsection (8) insert—

(9) The spatial development strategy must be designed to secure that the use and development of land in Greater London contribute to the mitigation of, and adaptation to, climate change. (10) The spatial development strategy must take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to an area in Greater London, including in particular— (a) the areas identified in the strategy as areas which— (i) are, or could become, of particular importance for biodiversity, or (ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits, (b) the priorities set out in the strategy for recovering or enhancing biodiversity, and (c) the proposals set out in the strategy as to potential measures relating to those priorities. (11) The spatial development strategy must not— (a) include anything that is not permitted or required by or under subsections (2A) to (8), (b) specify particular sites where development should take place, or (c) be inconsistent with or (in substance) repeat any national development management policy.

Adjustment of terminology

96

• (1) In section 337 of GLAA 1999 (publication of spatial development strategy)—

• (a) for the heading substitute “Adoption.”;

• (b) in subsection (1), for “publish” substitute “adopt”;

• (c) after that subsection insert—

(1A) The Mayor adopts the strategy by publishing it together with a statement that it has been adopted.

• (d) in subsection (2), for “published” substitute “adopted”;

• (e) in subsection (4), for “published”, in both places it occurs, substitute “adopted”;

• (f) in subsection (5), for “publication” substitute “adoption”;

• (g) in subsection (6), for “published” substitute “adopted”;

• (h) in subsection (7), for “publish” substitute “adopt”;

• (i) in subsection (8), for “publish” substitute “adopt”;

• (j) in subsection (9), for “published” substitute “adopted”.

• (2) Also in GLAA 1999—

• (a) in section 41(1)(c), for “published” substitute “adopted”;

• (b) in section 43(5)(a), for “published”, in both places it occurs, substitute “adopted”;

• (c) in section 334(1), for “publish” substitute “adopt”;

• (d) in section 336—

• (i) in subsection (1), for “publishes” substitute “adopts”;

• (ii) in subsection (4), for “publish” substitute “adopt”;

• (e) in section 338(1), for “publishing” substitute “adopting”;

• (f) in section 341—

• (i) in subsection (1), for “publish” substitute “adopt”;

• (ii) in subsection (2), for “publish” substitute “adopt”;

• (iii) in subsection (3), for “publication”, in both places it occurs, substitute “adoption”;

• (g) in section 343(1)(c), after “publication,” insert “adoption,”.

• (3) In section 74(1C)(b) of TCPA 1990, for “published” substitute “adopted”.

• (4) Any reference in an enactment to a strategy, or alteration or replacement of a strategy, adopted under Part 8 of GLAA 1999 (or the adoption of it) includes reference to a strategy, alteration or replacement published under that Part before this section comes into force (or the publication of it).

Local planning

Plan making

97

Schedule 7 contains provision for, and in connection with, joint spatial development strategies, local plans, minerals and waste plans and supplementary plans.

Neighbourhood planning

Contents of a neighbourhood development plan

98

• (1) Section 38B of PCPA 2004 (provision that may be made by neighbourhood development plans) is amended as follows.

• (2) Before subsection (1) insert—

(A1) A neighbourhood development plan may include— (a) policies (however expressed) in relation to the amount, type and location of, and timetable for, development in the neighbourhood area in the period for which the plan has effect; (b) other policies (however expressed) in relation to the use or development of land in the neighbourhood area which are designed to achieve objectives that relate to the particular characteristics or circumstances of that area, any part of that area or one or more specific sites in that area; (c) details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance with the policies, included in the plan under paragraph (a) or (b), would give rise; (d) requirements with respect to design that relate to development, or development of a particular description, throughout the neighbourhood area, in any part of that area or at one or more specific sites in that area, which the qualifying body considers should be met for planning permission for the development to be granted.

• (3) After subsection (2A) insert—

(2B) So far as the qualifying body considers appropriate, having regard to the subject matter of the neighbourhood development plan, the plan must— (a) be designed to secure that the development and use of land in the neighbourhood area contribute to the mitigation of, and adaptation to, climate change, and (b) take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to all or part of the neighbourhood area, including in particular— (i) the areas identified in the strategy as areas which— (A) are, or could become, of particular importance for biodiversity, or (B) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits, (ii) the priorities set out in the strategy for recovering or enhancing biodiversity, and (iii) the proposals set out in the strategy as to potential measures relating to those priorities. (2C) The neighbourhood development plan must not— (a) include anything that is not permitted or required by or under subsections (A1) to (2A) or regulations under subsection (4), or (b) be inconsistent with or (in substance) repeat any national development management policy.

• (4) In subsection (4)(b), after “requiring” insert “or permitting”.

Neighbourhood development plans and orders: basic conditions

99

• (1) In paragraph 8(2) of Schedule 4B to TCPA 1990 (basic conditions for making neighbourhood development order or neighbourhood plan)—

• (a) for paragraph (e) substitute—

(ea) the making of the order would not have the effect of preventing development from taking place which— (i) is proposed in the development plan for the area of the authority (or any part of that area), and (ii) if it took place, would provide housing,

• (b) after paragraph (f) (but before the “and” at the end of that paragraph) insert—

(fa) any requirements imposed in relation to the order by or under Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcomes reports) have been complied with,

• (2) In section 38C(5) of PCPA 2004 (neighbourhood development plans: modifications of Schedule 4B to TCPA 1990), in paragraph (d), for the words from “if” to the end substitute

if— (i) sub-paragraphs (2)(b) and (c) were omitted, (ii) in sub-paragraph (2), for paragraph (ea) there were substituted— (ea) the making of the neighbourhood development plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the neighbourhood development plan were not to be made, (iii) sub-paragraphs (3) to (5) were omitted.

• (3) In paragraph 11(2) of Schedule A2 to PCPA 2004 (modification of neighbourhood development plans: basic conditions)—

• (a) for paragraph (c) substitute—

(ca) the making of the plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the draft plan were not to be made,

• (b) after paragraph (d) (but before the “and” at the end of that paragraph) insert—

(da) any requirements imposed in relation to the plan by or underPart 6 of the Levelling-up and Regeneration Act 2023 (environmental outcomes reports) have been complied with,

Requirement to assist with plan making

Requirement to assist with certain plan making

100

In Part 3 of PCPA 2004 (development), after section 39 (sustainable development) insert—

(39A) (1) Subsection (2) applies if a plan-making authority notifies a prescribed public body in writing that the authority requires the body, under this section, to assist the authority in relation to the preparation or revision of a relevant plan by the authority. (2) The prescribed public body must do everything that the plan-making authority reasonably requires of the body to assist the authority in relation to the preparation or revision of the relevant plan. (3) The Secretary of State may by regulations make provision as to— (a) what a plan-making authority must, may or may not require a prescribed public body to do under subsection (2); (b) the procedure to be followed in doing anything under this section; (c) the determination of the time by or at which anything must be done under this section; (d) the form and content of a notification under subsection (1) or of any other document or information provided under this section. (4) A “plan-making authority” is a body which, or other person who, is to prepare or revise (whether acting alone or jointly) a relevant plan. (5) Each of the following is a “relevant plan”— (a) a local plan, a minerals and waste plan, a supplementary plan or policies map under Part 2; (b) a spatial development strategy under Part 8 of the Greater London Authority Act 1999 or Part 2 of this Act; (c) an infrastructure delivery strategy under Part 10A of the Planning Act 2008; (d) a marine plan under the Marine and Coastal Access Act 2009 for the English inshore region, the English offshore region or any part of either of those regions. (6) A “prescribed public body” is a body which, or other person who, is prescribed or of a prescribed description and certain of whose functions are of a public nature. (7) References in this section to the preparation or revision of a relevant plan include any activities that could reasonably be considered to prepare the way for the preparation or revision of the plan. (8) In this section— - “the English inshore region” and “the English offshore region” have the same meaning as in the Marine and Coastal Access Act 2009; - “revision”, in relation to a relevant plan, includes any alteration, amendment, replacement or other modification (and related expressions are to be read accordingly).

Minor and consequential amendments

Minor and consequential amendments in connection with Chapter 2

101

Schedule 8 contains minor and consequential amendments in connection with Chapter 2.

Chapter 3 — Heritage

Regard to certain heritage assets in exercise of planning functions

102

• (1) After section 58A of TCPA 1990 insert—

(58B) (1) In considering whether to grant planning permission or permission in principle for the development of land in England which affects a relevant asset or its setting, the local planning authority or (as the case may be) the Secretary of State must have special regard to the desirability of preserving or enhancing the asset or its setting. (2) For the purposes of subsection (1), preserving or enhancing a relevant asset or its setting includes preserving or enhancing any feature, quality or characteristic of the asset or setting that contributes to the significance of the asset. (3) For the purposes of this section— (a) anything within an entry in the first column of the following table is a “relevant asset”, and (b) “significance”, in relation to a relevant asset, has the meaning given by the corresponding entry in the second column of the table.

“relevant asset”	“significance”
a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 (see section 1(11) of that Act)	the national importance referred to in section 1(3) of that Act
a garden or other area of land included in a register maintained by the Historic Buildings and Monuments Commission for England under section 8C of the Historic Buildings and Ancient Monuments Act 1953	the special historic interest referred to in subsection (1) of that section
a site designated as a restricted area under section 1 of the Protection of Wrecks Act 1973	the historical, archaeological or artistic importance referred to in subsection (1)(b) of that section
a World Heritage Site (that is to say, a property appearing on the World Heritage List kept under paragraph (2) of article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted at Paris on 16 November 1972)	the outstanding universal value referred to in that paragraph

(4) The reference in subsection (1) to a local planning authority includes the Mayor of London in relation to the grant of planning permission by Mayoral development order. (5) Nothing in this section applies in relation to neighbourhood development orders (except as provided in Schedule 4B) or street vote development orders (except as provided by SVDO regulations within the meaning given by section 61QM).

• (2) In paragraph 8 of Schedule 4B to TCPA 1990 (matters to be considered in examining draft neighbourhood development order)—

• (a) in sub-paragraph (2)—

• (i) in paragraph (b), after “preserving” insert “or enhancing”;

• (ii) after paragraph (c) insert—

(ca) having special regard to the desirability of preserving or enhancing anything that is a relevant asset for the purposes of section 58B or its setting, it is appropriate to make the order,

• (b) after sub-paragraph (4) insert—

(4A) Sub-paragraph (2)(ca) applies in relation to anything that is a relevant asset for the purposes of section 58B only in so far as the order grants planning permission for development that affects the asset or its setting. (4B) Subsections (2) and (3)(b) of section 58B apply for the purposes of sub-paragraphs (2)(ca) and (4A) as they apply for the purposes of that section.

• (3) In section 16 of the Listed Buildings Act (decisions on applications for listed building consent), in subsection (2), after “preserving” insert “or enhancing”.

• (4) In section 66 of the Listed Buildings Act (duty to have regard to listed buildings in the exercise of certain planning functions)—

• (za) in subsection (1), after “preserving” insert “or enhancing”;

• (a) after subsection (1) insert—

(1A) The reference in subsection (1) to a local planning authority includes the Mayor of London in relation to the grant of planning permission by Mayoral development order.

• (b) in subsection (2), after “preserving” insert “or enhancing”.

Temporary stop notices in relation to listed buildings

103

• (1) The Listed Buildings Act is amended as follows.

• (2) After section 44A insert—

(44AA) (1) This section applies where it appears to a local planning authority in England that— (a) works have been or are being executed to a listed building in their area, and (b) the works are such as to involve a contravention of section 9(1) or (2). (2) The authority may issue a temporary stop notice if, having regard to the effect of the works on the character of the building as one of special architectural or historic interest, they consider it is expedient that the works (or part of them) be stopped immediately. (3) A temporary stop notice must be in writing and must— (a) specify the works in question, (b) prohibit execution of the works (or so much of them as is specified in the notice), (c) set out the authority’s reasons for issuing the notice, and (d) include a statement of the effect of section 44AB. (4) A temporary stop notice may be served on a person who appears to the authority— (a) to be executing the works or causing them to be executed, (b) to have an interest in the building, or (c) to be an occupier of the building. (5) The authority must display a copy of the notice on the building; and the copy must specify the date on which it is first displayed. (6) A temporary stop notice takes effect when the copy of it is first displayed in accordance with subsection (5). (7) A temporary stop notice ceases to have effect— (a) at the end of the period of 56 days beginning with the day on which the copy of it is first displayed in accordance with subsection (5), or (b) if the notice specifies a shorter period beginning with that day, at the end of that period. (8) But if the authority withdraws the notice before the time when it would otherwise cease to have effect under subsection (7), the notice ceases to have effect on its withdrawal. (9) A local planning authority may not issue a subsequent temporary stop notice in relation to the same works unless the authority have, since issuing the previous notice, taken other enforcement action in relation to the contravention referred to in subsection (1)(b). (10) The reference in subsection (9) to taking other enforcement action includes a reference to obtaining an injunction under section 44A. (11) A temporary stop notice does not prohibit the execution of works of such description, or the execution of works in such circumstances, as the Secretary of State may by regulations prescribe. (44AB) (1) A person is guilty of an offence if the person contravenes, or causes or permits a contravention of, a temporary stop notice— (a) which has been served on the person under section 44AA(4), or (b) a copy of which has been displayed in accordance with section 44AA(5). (2) An offence under this section may be charged by reference to a day or to some longer period; and accordingly, a person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different periods. (3) In proceedings against a person for an offence under this section, it is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice. (4) In proceedings against a person for an offence under this section, it is also a defence for the person to show— (a) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, (b) that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, (c) that the works carried out were limited to the minimum measures immediately necessary, and (d) that notice in writing justifying in detail the carrying out of the works was given to the local planning authority as soon as reasonably practicable. (5) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine. (6) In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence. (44AC) (1) A person who, on the day when a temporary stop notice is first displayed in accordance with section 44AA(5), has an interest in the building is, on making a claim to the local planning authority within the prescribed time and in the prescribed manner, entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice. (2) But subsection (1) applies only if— (a) the works specified in the notice are not such as to involve a contravention of section 9(1) or (2), or (b) the authority withdraws the notice other than following the grant of listed building consent, after the day mentioned in subsection (1), which authorises the works. (3) The loss or damage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice. (4) No compensation is payable under this section in the case of loss or damage suffered by a claimant if— (a) the claimant was required to provide information under a relevant provision, and (b) the loss or damage could have been avoided if the claimant had provided the information or had otherwise co-operated with the planning authority when responding to the notice. (5) In subsection (4)(a), each of the following is a relevant provision— (a) section 16 of the Local Government (Miscellaneous Provisions) Act 1976, and (b) section 330 of the principal Act.

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• (7) In section 45 (concurrent enforcement functions in London of the Historic Buildings and Monuments Commission)—

• (a) after “43” insert “and 44AA to 44AC”;

• (b) after “those provisions” insert “, and in any provision of this Act referring to anything done under those provisions,”.

• (8) In section 46 (concurrent enforcement functions of the Secretary of State)—

• (a) after subsection (1) insert—

(1A) If it appears to the Secretary of State to be expedient that a temporary stop notice should be issued in respect of any land in England, the Secretary of State may issue such a notice.

• (b) in subsection (2), after “(1)” insert “or (1A)”;

• (c) after subsection (3) insert—

(3A) A temporary stop notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority under section 44AA.

• (9) In section 82A(2) (exceptions from Crown application), after paragraph (f) insert—

(fza) section 44AB;

• (10) In section 88 (rights of entry)—

• (a) after subsection (3) insert—

(3ZA) Any person duly authorised in writing by the Secretary of State, a local planning authority in England or, where the authorisation relates to a building situated in Greater London, the Commission may at any reasonable time enter any land for any of the following purposes— (a) securing the display of a temporary stop notice issued under section 44AA; (b) ascertaining whether a temporary stop notice issued under that section is being complied with; (c) considering any claim for compensation under section 44AC.

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (11) In section 88B (supplementary provision about rights of entry), after subsection (1) insert—

(1ZA) Subsection (1) does not apply to a person authorised under section 88(3ZA) who intends to enter the land for either of the purposes mentioned in paragraphs (a) and (b) of that subsection.

• (12) In Schedule 2 (lapse of building preservation notices)—

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

• (b) after paragraph 4 insert—

(4A) Any temporary stop notice served under section 44AA(4) by the local planning authority with respect to the building while the building preservation notice was in force ceases to have effect.

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

Urgent works to listed buildings: occupied buildings and recovery of costs

104

• (1) The Listed Buildings Act is amended as follows.

• (2) In section 54 (urgent works to preserve listed buildings)—

• (a) omit subsection (4);

• (b) in subsection (5A), omit “in Wales”;

• (c) after subsection (7) insert—

(8) Section 6 of the Local Land Charges Act 1975 (general charge registrable pending specific charge) applies in relation to expenditure incurred in executing works under this section as if— (a) the Commission and the Secretary of State were local authorities, and (b) the giving of a notice under section 55 were the making of an order.

• (3) In section 55 (recovery of expenses of urgent works)—

• (a) after subsection (2) insert—

(2A) A notice given under subsection (2) in relation to a building in England is a local land charge.

• (b) in subsection (5A)—

• (i) after “Where” insert “the Secretary of State or”;

• (ii) after “local authority” insert “or the Commission”;

• (c) in subsection (5B)—

• (i) for the words from “In” to “when the” substitute “As from the time when a”;

• (ii) for “the Welsh Ministers may prescribe” substitute “may be prescribed”;

• (d) after subsection (5B) insert—

(5BA) An order under subsection (5B) may be made— (a) by the Secretary of State, in relation to buildings in England; (b) by the Welsh Ministers, in relation to buildings in Wales.

• (e) in subsection (5C), for “that time” substitute “the time mentioned in subsection (5B)”;

• (f) after subsection (5G) insert—

(5H) If, after a notice is given under subsection (2) in relation to a building in England, there is a change in the owner of the building, a fresh notice may be given to the new owner at any time before the first notice becomes operative (and the provisions of this section apply again in relation to the fresh notice). (5I) If a notice is given to the new owner under subsection (5H), the first notice referred to in that subsection ceases to have effect.

Removal of compensation for building preservation notice

105

• (1) The Listed Buildings Act is amended as follows.

• (2) In section 3 (temporary listing in England: building preservation notices), after subsection (1) insert—

(1A) Before serving a building preservation notice under this section, the local planning authority must consult with the Commission. (1B) Subsection (1A) does not apply where the Commission proposes to serve a building preservation notice under this section (see subsection (8)).

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 4 — Grant and implementation of planning permission

Street votes

106

• (1) TCPA 1990 is amended in accordance with subsection (2).

• (2) After section 61Q (community right to build orders) insert—

(61QA) (1) A process may be initiated by or on behalf of a qualifying group for the purpose of requiring the Secretary of State to make a street vote development order. (2) A “street vote development order” is an order which grants planning permission in relation to a particular street area specified in the order— (a) for development specified in the order, or (b) for development of any description or class specified in the order. (61QB) (1) A “qualifying group”, in relation to a street vote development order, is a group of individuals— (a) each of whom on the prescribed date meet the conditions in subsection (2), and (b) comprised of at least— (i) the prescribed number, or (ii) the prescribed proportion of persons of a prescribed description. (2) The conditions are that the individual— (a) is entitled to vote in— (i) an Authority election, where any part of the street area to which the street vote development order would relate is within the City of London, or (ii) an election of councillors of any relevant council (other than the City of London) any part of whose area is within the street area to which the street vote development order would relate, (b) has a qualifying address for that election which is in the street area that the street vote development order would relate to, and (c) does not have an anonymous entry in the register of local government electors. (3) A “relevant council” means— (a) a district council, (b) a London borough council, (c) a metropolitan district council, or (d) a county council in relation to any area in England for which there is no district council. (4) For the purposes of this section— (a) “anonymous entry” is to be construed in accordance with section 9B of the Representation of the People Act 1983; (b) “Authority election” has the meaning given by section 203(1) of the Representation of the People Act 1983; (c) the Inner Temple and the Middle Temple are to be treated as forming part of the City of London; (d) “qualifying address” has the meaning given by section 9 of the Representation of the People Act 1983. (61QC) (1) A “street area” means an area in England— (a) which is of a prescribed description, and (b) no part of which is within an excluded area. (2) An “excluded area” means— (a) a National Park or the Broads; (b) an area comprising a world heritage property and its buffer zone as identified in accordance with the Operational Guidelines for the Implementation of the World Heritage Convention as published from time to time; (c) an area notified as a site of special scientific interest under section 28 of the Wildlife and Countryside Act 1981; (d) an area designated as an area of outstanding natural beauty under section 82 of the Countryside and Rights of Way Act 2000; (e) an area identified as green belt land, local green space or metropolitan open land in a development plan; (f) a European site within the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012); (g) such other area as may be specified or described in regulations made by the Secretary of State. (3) In this section, “a world heritage property” means a property appearing on the World Heritage List (published in accordance with Article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted on 16 November 1972). (61QD) (1) The Secretary of State must make regulations (“SVDO regulations”) which make provision about the preparation and making of a street vote development order. (2) SVDO regulations must, in particular, make provision— (a) for the appointment by the Secretary of State of a person to— (i) handle proposals made under section 61QA(1) (“street vote proposals”) or specified aspects of those proposals, (ii) carry out the independent examination of such proposals, and (iii) to make street vote development orders on the Secretary of State’s behalf, (and for the above purposes the same or different persons may be appointed); (b) as to the circumstances in which a street vote development order may be made and in particular must make provision requiring a referendum under section 61QE to be held before an order may be made. (3) SVDO regulations may, in particular, include provision as to— (a) the functions of a qualifying group in relation to a street vote proposal and how those functions are to be discharged (including provision for a member of the group or another prescribed person to be responsible for discharging them); (b) the form and content of a street vote proposal; (c) the information and documents (if any) which must accompany a street vote proposal; (d) the circumstances and the way in which a proposal may be withdrawn; (e) the steps that must be taken, and the conditions that must be met, before a proposal falls to be considered by an appointed person; (f) the circumstances in which an appointed person may or must decline to consider or reject a proposal; (g) the steps that must be taken, and the conditions that must be met, before a proposal falls to be independently examined; (h) the functions of the independent examination in relation to the proposal; (i) the circumstances in which an appointed person may terminate the independent examination (including provision as to the procedure for doing so); (j) the procedure to be followed at an examination (including provision regarding the procedure to be followed at any hearing or inquiry or provision designating the hearing or inquiry as a statutory inquiry for the purposes of section 9 of the Tribunals and Inquiries Act 1992); (k) the power to summons witnesses at any inquiry (including by applying, with or without modifications, section 250(3) and (4) of the Local Government Act 1972); (l) the award of costs in connection with an examination; (m) the steps to be taken following the independent examination (including provision for prescribed modifications to be made to the draft street vote development order); (n) the payment by a local planning authority of remuneration and expenses relating to the examination; (o) the functions of local planning authorities, or other authorities, in connection with street vote development orders (including provision regulating the arrangements of authorities for the discharge of those functions); (p) cases where there are two or more local planning authorities any of whose area falls within the area of the street area that the proposal relates to (including provision modifying functions of the local planning authorities under the regulations in such cases or provision applying, with or without modifications, any provision of Part 6 of the Local Government Act 1972 in cases where the provision would not otherwise apply); (q) requirements about the giving of notice and publicity; (r) the information and documents that are to be made available to the public; (s) consultation with and participation by the public or prescribed persons; (t) the making and consideration of representations; (u) the determination of the time by or at which anything must be done in connection with street vote development orders; (v) the provision by any person of prescribed information or documents or prescribed descriptions of information or documents in connection with a street vote development order; (w) the making of reasonable charges for anything done in connection with street vote development orders; (x) when a court may entertain proceedings for questioning prescribed decisions to act or any other prescribed matter. (61QE) (1) SVDO regulations may make provision about referendums held in connection with street vote development orders and may, in particular, include provision— (a) as to the circumstances in which an appointed person or the Secretary of State may direct relevant councils to carry out a referendum in relation to a street vote development order; (b) the functions of such councils in relation to the referendum; (c) dealing with any case where there are two or more relevant councils any of whose area falls within the area in which a referendum is to take place (including provision for only one council to carry out functions in relation to the referendum in such a case); (d) prescribing a date by which the referendum must be held or before which it cannot be held; (e) as to the question to be asked in the referendum and any explanatory material in relation to that question; (f) as to voter eligibility for the referendum; (g) as to the publicity to be given in connection with the referendum; (h) as to the provision of prescribed information to voters in connection with the referendum (including information about any infrastructure levy or community infrastructure levy which is chargeable in respect of development under a street vote development order); (i) about the limitation of expenditure in connection with the referendum; (j) as to the conduct of the referendum; (k) as to when, where and how voting in the referendum is to take place; (l) as to how the votes cast are to be counted; (m) about certification as to the number of persons voting in the referendum and as to the number of those persons voting in favour of a street vote development order; (n) about the combination of polls at the referendum with polls at another referendum or at any election; (o) as to the threshold of votes that must be met before a street vote development order may be made. (2) For the purposes of making provision within subsection (1), SVDO regulations may apply or incorporate (with or without modifications) any provision made by or under any enactment relating to elections or referendums. (3) But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that provision. (4) Before making provision within this section, the Secretary of State must consult the Electoral Commission. (5) In this section “enactment” means an enactment, whenever passed or made. (61QF) SVDO regulations may— (a) provide for exemptions (including exemptions which are subject to prescribed conditions); (b) confer a function, including a function involving the exercise of a discretion, on any person. (61QG) (1) A street vote development order may make provision in relation to— (a) all land in the street area specified in the order, (b) any part of that land, or (c) a site in that area specified in the order. (2) A street vote development order may only provide for the granting of planning permission for any development that— (a) is prescribed development or development of a prescribed description or class, (b) is not excluded development, and (c) satisfies any further prescribed conditions. (3) A street vote development order may make different provision for different purposes. (61QH) The following development is excluded development for the purposes of section 61QG(2)(b) — (a) development of a scheduled monument within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979; (b) Schedule 1 development as defined by regulation 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571); (c) development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008); (d) development of a listed building within the meaning given by section 1(5) of the Planning (Listed Buildings and Conservation) Areas Act 1990; (e) development consisting of the winning and working of minerals; (f) such other development as may be specified or described in regulations made by the Secretary of State. (61QI) (1) The granting of planning permission by a street vote development order is subject to— (a) any prescribed conditions or limitations or conditions or limitations of a prescribed description, and (b) such other conditions or limitations as may be specified in the order (but see subsections (4) and (5)). (2) The conditions that may be specified include a condition that unless a relevant obligation is entered into— (a) the development authorised by the planning permission or any description of such development must not be begun, or (b) anything created in the course of the development authorised by the planning permission may not be occupied or used for any purpose. (3) A relevant obligation for the purposes of subsection (2) includes an obligation which involves the payment of money or affects any estate or interest in, or rights over, land. (4) But an order may only specify a condition that a person enter into an obligation under section 106 if the obligation— (a) is necessary to make the development specified in the order acceptable in planning terms, (b) is directly related to the development, (c) is fairly and reasonably related in scale and kind to the development, and (d) satisfies such other requirements as may be specified in regulations made by the Secretary of State. (5) The Secretary of State may by regulations provide that— (a) conditions or limitations of a prescribed description may not be imposed under subsection (1)(b), (b) conditions or limitations of a prescribed description may only be imposed under subsection (1)(b) in circumstances of a prescribed description, or (c) no conditions or limitations may be imposed under subsection (1)(b) in circumstances of a prescribed description. (6) A condition or limitation prescribed under subsection (1)(a) may confer a function on any person, including a function involving the exercise of a discretion. (7) If— (a) planning permission granted by a street vote development order for any development is withdrawn by the revocation of the order under section 61QJ, and (b) the revocation is made after the development has begun but before it has been completed, the development may, despite the withdrawal of the permission, be completed. (8) But an order under section 61QJ revoking a street vote development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section. (9) In this section “relevant obligation” means— (a) an obligation under section 106 (planning obligations), or (b) an agreement under section 278 of the Highways Act 1980 (agreements as to execution of works). (61QJ) (1) The Secretary of State may by order revoke or modify a street vote development order. (2) A local planning authority may, with the consent of the Secretary of State, by order revoke a street vote development order relating to a street area any part of which falls within the area of that authority. (3) If a street vote development order is revoked, the person revoking the order must state the reasons for the revocation. (4) An appointed person may at any time by order modify a street vote development order for the purpose of correcting errors. (5) A modification of a street vote development order is to be done by replacing the order with a new one containing the modification. (6) Regulations may make provision in connection with the revocation or modification of a street vote development order. (7) The regulations may, in particular, include provision as to— (a) the giving of notice and publicity in connection with a revocation or modification; (b) the information and documents relating to a revocation or modification that are to be made available to the public; (c) the making of reasonable charges for anything provided as a result of the regulations; (d) consultation with and participation by the public in relation to a revocation or modification; (e) the making and consideration of representations about a revocation or modification (including the time by which representations must be made). (61QK) (1) The Secretary of State may do anything that the Secretary of State considers appropriate— (a) for the purpose of publicising or promoting the making of street vote development orders and the benefits expected to arise from their making, or (b) for the purpose of giving advice or assistance to anyone in relation to the making of street vote proposals or the doing of anything else for the purposes of, or in connection with, such proposals or street vote development orders. (2) The things that the Secretary of State may do under this section include, in particular— (a) the provision of financial assistance (or the making of arrangements for its provision) to any body or other person, and (b) the making of agreements or other arrangements with any body or other person (under which payments may be made to the person). (3) In this section— (a) the reference to giving advice or assistance includes providing training or education; (b) any reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity). (61QL) The Secretary of State may by regulations make provision modifying the application of Schedule 7A (biodiversity gain in England) in relation to planning permission granted by a street vote development order. (61QM) In sections 61QA to 61QL— - “an appointed person” means a person appointed in accordance with section 61QD(2)(a); - “excluded development” has the meaning given by section 61QH; - “qualifying group” has the meaning given by section 61QB; - “relevant council” has the meaning given by section 61QB(3); - “street area” has the meaning given by section 61QC; - “street vote development order” has the meaning given by section 61QA(2); - “street vote proposal” has the meaning given by section 61QD(2)(a)(i); - “SVDO regulations” has the meaning given by section 61QD(1).

• (3) Schedule 9 contains minor and consequential amendments in connection with this section.

Street votes: community infrastructure levy

107

• (1) The Planning Act 2008 is amended as follows.

• (2) In section 211(10) (amount of levy)—

• (a) at the beginning insert “Except where subsection (11) applies,”, and

• (b) from “, 213” to the end substitute “to 213 and 214(1) and (2) apply in relation to a revision of a charging schedule as they apply in relation to a charging schedule.”

• (3) After section 211(10) insert—

(11) Where the only provision made by a charging schedule or a revision of a charging schedule is provision for the purpose of determining the amount of CIL chargeable in respect of street vote development— (a) sections 212 to 213 and 214(1) and (2) do not apply in relation to the charging schedule or the revision of the charging schedule, and (b) CIL regulations may make provision about procedural requirements that must be met before the charging schedule or revision may take effect. (12) “Street vote development” means development of land for which planning permission is granted by a street vote development order made under section 61QA of TCPA 1990.

• (4) After section 212(11) (charging schedule: examination) insert—

(12) For exceptions to this section see section 211(11).

• (5) After section 212A(7) (charging schedule: examiner’s recommendations) insert—

(8) For exceptions to this section see section 211(11).

• (6) After section 213(5) (charging schedule: approval) insert—

(6) For exceptions to this section see section 211(11).

• (7) After section 214(6) (charging schedule: effect) insert—

(7) For exceptions to subsections (1) and (2) of this section see section 211(11).

• (8) After section 214 (charging schedule: effect) insert—

(214A) (1) This section applies where— (a) a charging schedule makes provision for the purpose of determining the amount of CIL chargeable in respect of street vote development, and (b) section 211(11) applied in relation to the charging schedule or the revision of the charging schedule in connection with making such provision. (2) The Secretary of State may direct a charging authority to review the charging schedule if the Secretary of State considers that— (a) the economic viability of street vote development in the charging authority’s area is significantly impaired, or (b) there is a substantial risk that it will become significantly impaired, as a result of the CIL which is or will be chargeable in respect of street vote development in that area. (3) If a charging authority is directed to review its charging schedule under subsection (2), it must— (a) consider whether to revise the charging schedule under section 211(9), and (b) notify the Secretary of State of its decision with reasons. (4) If the charging authority decides to revise the charging schedule, it must do so within a reasonable time. (5) If a charging authority has not complied with a direction given under subsection (2) within a reasonable time and to a standard which the Secretary of State considers adequate, the Secretary of State may appoint a person to do so on behalf of the charging authority. (6) If a person appointed under subsection (5) decides that the charging schedule should be revised, the charging authority must revise the schedule accordingly within a reasonable time. (7) If the charging authority fails to revise the charging schedule in accordance with subsection (4) or (6), the Secretary of State may appoint a person to do so on behalf of the charging authority. (8) CIL regulations may make provision about— (a) procedures for appointing a person under subsection (5) or (7), (b) conditions which must be met before such an appointment may be made, (c) procedures which must be followed by the person in complying with a direction given under subsection (2) or revising the charging schedule under subsection (7), (d) circumstances in which the person may be replaced, (e) duties of a charging authority where a person is appointed to act on its behalf under subsection (5) or (7), (f) liability for costs incurred as a result of the appointment of the person, and (g) what constitutes a reasonable time under subsections (4) to (6). (9) In this section “street vote development” has the meaning given by section 211(12).

• (9) In section 216(2) (application), after paragraph (f) insert—

(fa) where the CIL is chargeable in respect of street vote development, affordable housing.

• (10) After section 216(7) insert—

(8) In this section— - “affordable housing” means— social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and any other description of housing that CIL regulations may specify; - “street vote development” has the meaning given by section 211(12).

Street votes: modifications of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017

108

The Secretary of State may by regulations make provision modifying the application of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/517) in relation to the grant of planning permission by a street vote development order.

Crown development

109

• (1) TCPA 1990 is amended as follows.

• (2) After section 293A insert—