Planning and Compulsory Purchase Act 2004 (c. 5)

(The document as of February, 2008)

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(a) the regional spatial strategy (or a revision of it) within the meaning of Part 1 of the Planning and Compulsory Purchase Act 2004;

(b) a local development document (or a revision of it) adopted or approved under Part 2 of that Act;

(d) the Mayor of London's spatial development strategy (or any alteration or replacement of it) published in pursuance of section 337 of the Greater London Authority Act 1999. "

11 (1) Section 303A (recovery of costs of certain inquiries) is amended as follows.

(2) For subsection (1) there are substituted the following subsections--

" (1) This section applies if the appropriate authority appoints a person to carry out or hold a qualifying procedure.

(1A) A qualifying procedure is--

(a) an independent examination under section 20 or 64 of the Planning and Compulsory Purchase Act 2004;

(b) a local inquiry or other hearing under paragraph 8(1)(a) of Schedule 7;

(1B) The appropriate authority is--

(a) the Secretary of State if the local planning authority causing the procedure to be carried out or held is in England;

(b) the National Assembly for Wales if the local planning authority causing the procedure to be carried out or held is in Wales. "

(3) In each of subsections (2) to (6) and (10)(a) in each place where it occurs--

(a) for "Secretary of State" there is substituted "appropriate authority";

(b) for "him" there is substituted "it";

(4) In each of subsections (2), (4), (5) and (6) in each place where it occurs for "inquiry" there is substituted "procedure".

(5) In subsection (5) each of the following is omitted--

(a) "or appointed as one of the persons who are to hold it";

(b) "(in addition to what may be recovered by virtue of the appointment of any other person)";

(c) in paragraph (c), "(or, in a case where that person is appointed as one of the persons who are to hold the qualifying inquiry, an appropriate proportion of any costs attributable to the appointment of an assessor to assist those persons)".

(6) Subsections (7) to (9) are omitted.

(7) Before subsection (10) there is inserted the following subsection--

" (9A) References to a local planning authority causing a qualifying inquiry to be held include references to a requirement under the Planning and Compulsory Purchase Act 2004 on the authority to submit a plan to the appropriate authority for independent examination. "

12 In section 306 (2) (local authorities and statutory undertakers may contribute to certain costs of local planning authorities) for paragraph (a) there are substituted the following paragraphs--

" (a) any expenses incurred by a local planning authority for the purposes of carrying out a review under section 13 or 61 of the Planning and Compulsory Purchase Act 2004 (duty of local planning authority to keep under review certain matters affecting development);

(ab) any expenses incurred by a county council for the purposes of carrying out a review under section 14 of that Act (duty of county council to keep under review certain matters affecting development); "

13 In section 324(1) (rights of entry) for paragraph (a) there is substituted the following paragraph--

" (a) the preparation, revision, adoption or approval of a local development document under Part 2 of the Planning and Compulsory Purchase Act 2004 or a local development plan under Part 6 of that Act; "

14 (1) Section 333 (provision about regulations and orders) is amended as follows.

(2) After subsection (2) there is inserted the following subsection--

" (2A) Regulations may make different provision for different purposes. "

15 In section 336(1) (interpretation) for the definition of development plan there is substituted--

" "development plan" must be construed in accordance with section 38 of the Planning and Compulsory Purchase Act 2004; " .

16 (1) Schedule 1 (distribution of functions of local planning authorities) is amended as follows.

(2) Paragraph 2 is omitted.

(3) In paragraph 3(7) the words "but paragraph 4 shall apply to such applications instead" are omitted.

(4) For paragraph 7 there is substituted the following paragraph--

" 7 (1) A local planning authority must not determine an application for planning permission to which the consultation requirements apply unless it complies with sub-paragraph (7).

(2) The consultation requirements are--

(a) consultation with the RPB for the region in which the authority's area is situated if the development is one to which sub-paragraph (3) applies;

(b) consultation by a district planning authority with the county planning authority for their area if the development is one to which sub-paragraph (4) applies.

(3) This sub-paragraph applies to--

(a) a development which would by reason of its scale or nature or the location of the land be of major importance for the implementation of the RSS or a relevant regional policy, or

(b) a development of a description in relation to which the RPB has given notice in writing to the local planning authority that it wishes to be consulted.

(4) This sub-paragraph applies to--

(a) a development which would materially conflict with or prejudice the implementation of a relevant county policy,

(b) a development in an area in relation to which the county planning authority have given notice in writing to the district planning authority that development is likely to affect or be affected by the winning and working of minerals, other than coal,

(c) a development of land in respect of which the county planning authority have given notice in writing to the district planning authority that they propose to carry out development,

(d) a development which would prejudice a proposed development mentioned in paragraph (c) in respect of which notice has been given as so mentioned,

(e) a development of land in relation to which the county planning authority have given notice in writing to the district planning authority that it is proposed to use the land for waste disposal, or

(f) a development which would prejudice a proposed use mentioned in paragraph (e) in respect of which notice has been given as so mentioned.

(5) The consultation requirements do not apply--

(a) in respect of a development to which sub-paragraph (3) applies if the RPB gives a direction authorising the determination of the application without compliance with the requirements;

(b) in respect of a development to which sub-paragraph (4) applies if the county planning authority gives a direction authorising the determination of the application without compliance with the requirements.

(6) A direction under sub-paragraph (5) may be given in respect of a particular application or a description of application.

(7) If the consultation requirements apply the local planning authority--

(a) must give notice to the RPB or county planning authority (as the case may be) (the consulted body) that they propose to consider the application,

(b) must send a copy of the application to the consulted body, and

(c) must not determine the application until the end of such period as is prescribed by development order beginning with the date of the giving of notice under paragraph (a).

(8) Sub-paragraph (7)(c) does not apply if before the end of the period mentioned in that sub-paragraph--

(a) the local planning authority have received representations concerning the application from the consulted body, or

(b) the consulted body gives notice that it does not intend to make representations.

(9) A relevant regional policy is--

(a) a policy contained in a draft revision of the RSS which has been submitted to the Secretary of State in pursuance of section 5(8) of the 2004 Act, or

(b) a policy contained in a structure plan which has effect by virtue of paragraph 1 of Schedule 8 to the 2004 Act.

(10) A relevant county policy is--

(a) a policy contained in a local development document which has been prepared in accordance with a minerals and waste scheme and submitted to the Secretary of State in pursuance of section 20(1) of the 2004 Act or adopted by the county planning authority in pursuance of section 23 of that Act, or

(b) a policy contained in a structure plan which has effect by virtue of paragraph 1 of Schedule 8 to the 2004 Act.

(11) RPB and RSS must be construed in accordance with Part 1 of the 2004 Act.

(12) The 2004 Act is the Planning and Compulsory Purchase Act 2004. "

17 In Schedule 2 (transitional provisions relating to development plans) Parts 1, 2 and 3 are omitted.

18 (1) Schedule 13 (blighted land) is amended as follows.

(2) Paragraphs 1 to 4 are omitted.

(3) The following paragraph is inserted as paragraph 1A--

" 1A Land which is identified for the purposes of relevant public functions by a development plan document for the area in which the land is situated.

Notes

(1) Relevant public functions are--

(a) the functions of a government department, local authority, National Park authority or statutory undertakers;

(b) the establishment or running by a public telecommunications operator of a telecommunication system.

(2) For the purposes of this paragraph a development plan document is--

(a) a development plan document which is adopted or approved for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 (in this paragraph, the 2004 Act);

(b) a revision of such a document in pursuance of section 26 of the 2004 Act which is adopted or approved for the purposes of Part 2 of the 2004 Act;

(c) a development plan document which has been submitted to the Secretary of State for independent examination under section 20(1) of the 2004 Act;

(d) a revision of a development plan document in pursuance of section 26 of the 2004 Act if the document has been submitted to the Secretary of State for independent examination under section 20(1) of that Act.

(3) But Note (2)(c) and (d) does not apply if the document is withdrawn under section 22 of the 2004 Act at any time after it has been submitted for independent examination.

(4) In Note (2)(c) and (d) the submission of a development plan document to the Secretary of State for independent examination is to be taken to include the holding of an independent examination by the Secretary of State under section 21 or section 27 of the 2004 Act. "

(4) In paragraph 5 for "any such functions as are mentioned in paragraph 1(a)(i) or (ii)" there is substituted "relevant public functions (within the meaning of paragraph 1A)".

(5) In paragraph 6 for "any such functions as are mentioned in paragraph 5" there is substituted "relevant public functions (within the meaning of paragraph 1A)".

(6) In paragraph 13, for "paragraphs 1, 2, 3 and 4" there is substituted "paragraph 1A".

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

19 The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.

20 In section 10(3) (regulations relating to applications for listed building consent)--

(a) for paragraph (b) and the word "and" following it there is substituted the following paragraph--

" (b) requirements as to publicity in relation to such applications; " ;

(b) after paragraph (c) there are inserted the following paragraphs--

" (d) requirements as to consultation in relation to such applications;

(e) prohibiting the determination of such applications during such period as is prescribed;

(f) requirements on the local planning authority to take account of responses from persons consulted. "

21 In section 23(2) (matters to which regard is to be had by local planning authority in exercising function of revoking or modifying consent) for "the development plan and to any other" there is substituted "any".

22 In section 26(2) (matters to which regard is to be had by the Secretary of State in exercising function of revoking or modifying consent) for "the development plan and to any other" there is substituted "any".

23 In section 67 (publicity for applications affecting the setting of listed buildings) for subsections (1) to (7) there is substituted the following subsection--

" (1) The Secretary of State may prescribe requirements as to publicity for applications for planning permission in cases where the local planning authority think that the development of land would affect the setting of a listed building. "

24 In section 73 (publicity for applications affecting conservation areas) for subsection (1) there is substituted the following subsection--

25 In section 91(2) (interpretation) ""development plan"" is omitted.

26 In section 93 (provision about regulations and orders) after subsection (6) there are inserted the following subsections--

" (6A) Regulations and orders may make different provision for different purposes.

(6B) The powers to make regulations under sections 10(3)(b), 67(1) and 73(1) must be taken to be powers mentioned in section 100(2) of the Local Government Act 2003 (powers exercisable in relation to descriptions of certain local authorities which fall into particular categories for the purposes of section 99 of that Act). "

Planning (Hazardous Substances) Act 1990 (c. 10)

27 In section 40 of the Planning (Hazardous Substances) Act 1990 (provision about regulations) after subsection (3) there is inserted the following subsection--

" (4) Regulations may make different provision for different purposes. "

Section 118

SCHEDULE 7 Amendments of other enactments

Gas Act 1965 (c. 36)

1 In paragraph 7(2) of Schedule 3 of the Gas Act 1965 after "development order" there is inserted "or local development order".

Finance Act 1969 (c. 32)

2 In section 58(4) of the Finance Act 1969 (disclosure of information for statistical purposes), in the Table in the entry relating to local planning authorities--

(a) in the first column for "the Town and Country Planning Act 1990" there is substituted "Part 2 or 6 of the Planning and Compulsory Purchase Act 2004";

(b) In the second column for "Part II of the Town and Country Planning Act 1990" there is substituted "Part 2 or 6 of the Planning and Compulsory Purchase Act 2004".

Leasehold Reform Act 1967 (c. 88)

3 In section 28(6)(a) of the Leasehold Reform Act 1967 (development for certain public purposes) for "Town and Country Planning Act 1990" there is substituted "Planning and Compulsory Purchase Act 2004".

Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

4 In section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 after subsection (3) there is inserted the following subsection--

" (4) If a person is entitled in respect of the same interest in land to a payment both--

(a) by virtue of subsection (1), and

(b) under section 33B of the Land Compensation Act 1973 (additional loss payment for agricultural land),

section 33H of that Act (only one payment to be made if a person has dual entitlement) applies. "

Countryside Act 1968 (c. 41)

5 (1) Paragraph 3 of Schedule 2 to the Countryside Act 1968 is amended as follows.

(2) In sub-paragraph (2), after "published" there is inserted ", affixed".

(3) In sub-paragraph (4)(a), after "published" there is inserted ", affixed".

(4) The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 (c. 67) is published before commencement of this paragraph.

Greater London Council (General Powers) Act 1969 (c lii)

6 In section 13 of the Greater London Council (General Powers) Act 1969 (exercise of powers relating to walkways), in the proviso for the words from "any local plan" to "Schedule 1 to that Act)" there is substituted "a local development document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004)".

Land Compensation Act 1973 (c. 26)

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

(2) In section 29 (home loss payments) after subsection (3A) there is inserted the following subsection--

" (3B) For the purposes of this section a person must not be treated as displaced from a dwelling in consequence only of the compulsory acquisition of part of a garden or yard or of an outhouse or appurtenance belonging to or usually enjoyed with the building which is occupied or is intended to be occupied as the dwelling. "

(3) Sections 34 to 36 are omitted.

(4) In section 87(1) (general interpretation) in the definition of "dwelling" "(except in section 29)" is omitted.

(5) But the amendments made by this paragraph do not have effect in relation to a compulsory purchase order made or made in draft before the commencement of this paragraph.

Greater London Council (General Powers) Act 1973 (c xxx)

8 In section 24(4) of the Greater London Council (General Powers) Act 1973 (definitions for the purpose or provision relating to parking place agreements)--

(a) in the definition of appropriate provision for "the Greater London" there is substituted "their";

(b) in the second place where it occurs "Greater London development plan" is omitted.

Welsh Development Agency Act 1975 (c. 70)

9 (1) Schedule 4 to the Welsh Development Agency Act 1975 is amended as follows.

(2) Paragraph 2 is omitted.

(3) In paragraph 3, in sub-paragraph (1)(c), for "section 13 of that Act to objections made by an owner, lessee or occupier" there is substituted "sections 13 and 13A of that Act to relevant objections".

Local Government, Planning and Land Act 1980 (c. 65)

10 (1) The Local Government, Planning and Land Act 1980 is amended as follows.

(2) In section 142 (acquisition by corporation), in subsection (2A), "(subject to section 144(2))" is omitted.

(3) In section 143 (acquisition by local highway authority), in subsection (3A), "(subject to section 144(2))" is omitted.

(4) In section 144, in subsection (2), "the 1981 Act and" is omitted.

(5) In Schedule 28, in paragraph 1, "The 1981 Act and" and the words from "and in paragraph 2" to the end are omitted.

(6) The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before commencement of this paragraph.

(7) In Schedule 26 (Urban Development Corporations), after paragraph 14 there are inserted the following paragraphs--

" Delegation of planning functions

14A (1) This paragraph applies in relation to any function conferred on the corporation by virtue of an order under section 149 above.

(2) The corporation may appoint committees and such committees may appoint sub-committees.

(3) Anything which is authorised or required to be done by the corporation--

(a) may be done by any member of the corporation or of its staff who is authorised for the purpose either generally or specifically;

(b) may be done by a committee or sub-committee which is so authorised.

(4) The corporation may--

(a) determine the quorum of a committee or sub-committee;

(b) make such arrangements as it thinks appropriate relating to the meetings and procedure of a committee or sub-committee.

(5) Anything done for the purposes of sub-paragraph (4) is subject to directions given by the Secretary of State.

(6) The validity of anything done by a committee or sub-committee is not affected by--

(a) any vacancy among its members;

(b) any defect in the appointment of any of its members.

(7) This paragraph does not extend to Scotland.

14B (1) This paragraph has effect in relation to the membership of committees and sub-committees appointed under paragraph 14A.

(2) A committee may consist of--

(a) such members of the corporation as it appoints;

(b) such other persons as the corporation (with the consent of the Secretary of State) appoints.

(3) A sub-committee of a committee may consist of--

(a) such members of the committee as it appoints;

(b) such persons who are members of another committee of the corporation (whether or not they are members of the corporation) as the committee appoints;

(4) The membership of a committee or sub-committee--

(a) must always include at least one person who is a member of the corporation;

(b) must not include any person who is a member of the staff of the corporation. "

Highways Act 1980 (c. 66)

11 (1) The Highways Act 1980 is amended as follows.

(2) In section 232(8) after "1990" there is inserted "and Parts 2 and 6 of the Planning and Compulsory Purchase Act 2004".

(3) In section 232(9) for the definition of development plan there is substituted--

" "development plan" must be construed in accordance with section 38 of the Planning and Compulsory Purchase Act 2004;

"local authority" has the same meaning as in the Town and Country Planning Act 1990. "

(4) Section 259 (power to confirm, etc, compulsory purchase order in part) is omitted.

(5) The amendment made by sub-paragraph (4) does not apply to a compulsory purchase order of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before the commencement of that sub-paragraph.

Acquisition of Land Act 1981 (c. 67)

12 In section 29(5) of the Acquisition of Land Act 1981 for the words "any reference to any owner, lessee or occupier" there are substituted the words "the reference to a qualifying person for the purposes of section 12(2)".

Housing Act 1985 (c. 68)

13 (1) In section 578A of the Housing Act 1985 (modification of compulsory purchase order in case of acquisition of land for clearance), in subsection (2), for "section 13" there is substituted "sections 13 to 13C".

(2) The amendment made by sub-paragraph (1) does not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 is published before commencement of this paragraph.

Education Reform Act 1988 (c. 40)

14 (1) The Education Reform Act 1988 is amended as follows.

(2) In section 190 (wrongful contracts or disposals), in subsection (6) for the words from "references" to the end there is substituted "the reference in section 12 of that Act to an owner of the land included reference to the London Residuary Body".

(3) In section 201 (wrongful disposals), in subsection (6), for the words from "references" to the end there is substituted "the reference in section 12 of that Act to an owner of the land included reference to the local education authority concerned".

Housing Act 1988 (c. 50)

15 (1) Paragraph 2 of Schedule 10 to the Housing Act 1988 (modifications of Acquisition of Land Act 1981) is omitted.

(2) The amendment made by sub-paragraph (1) does not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before commencement of this paragraph.

Planning and Compensation Act 1991 (c. 34)

16 In Schedule 4 to the Planning and Compensation Act 1991 Part 3 is omitted.

Local Government Act 1992 (c. 19)

17 In section 14(5) of the Local Government Act 1992 (structural changes which may be recommended by the Electoral Commission), paragraph (d) is omitted.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

18 (1) Schedule 20 to the Leasehold Reform, Housing and Urban Development Act 1993 (modification of Acquisition of Land Act 1981) is amended as follows.

(2) In paragraph 1, for "modifications specified in paragraphs 2 and" there is substituted "modification specified in paragraph".

(3) Paragraph 2 is omitted.

(4) The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 (c. 67) is published before commencement of this paragraph.

Environment Act 1995 (c. 25)

19 (1) The Environment Act 1995 is amended as follows.

(2) In section 67 (which makes provision for a National Park authority to be the local planning authority) subsections (2) to (4) are omitted.

(3) In Schedule 14 (periodic review of mineral planning permissions) in paragraph 2(1), in the definition of "first review date", for "paragraph 5" there is substituted "paragraphs 3A and 5".

(4) In Schedule 14 after paragraph 3 there is inserted the following paragraph--

" 3A (1) The Secretary of State may by order specify a first review date different from the first review date found in pursuance of paragraph 3(1) or (2).

(2) Sub-paragraph (3) applies if no first review date is found in pursuance of paragraph 3(1) or (2).

(3) The Secretary of State may by order specify a first review date.

(4) An order under sub-paragraph (3) may make different provision for different cases or different classes of case.

(5) An order under this paragraph must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. "

Town and Country Planning (Scotland) Act 1997 (c. 8)

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

(2) In section 26(2)(b) (meaning of "development"), for "local roads authority" there is substituted "roads authority (as defined by section 151(1) of the Roads (Scotland) Act 1984)".

(3) In section 275 (regulations and orders), after subsection (2) there is inserted--

" (2A) Regulations may make different provision for different purposes. "

(4) In Schedule 10 (periodic review of mineral planning permissions)--

(a) in paragraph 2(1), in the definition of "first review date", for "paragraph 5" there is substituted "paragraphs 3A and 5"; and

(b) after paragraph 3, there is inserted the following paragraph--

" 3A (1) The Scottish Ministers may by order specify a first review date different from the first review date found in pursuance of paragraph 3(1) or (2).

(2) Sub-paragraph (3) applies if no first review date is found in pursuance of paragraph 3(1) or (2).

(3) The Scottish Ministers may by order specify a first review date.

(4) An order under sub-paragraph (3) may make different provision for different cases or different classes of case.

(5) An order under this paragraph must be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament. "

Regional Development Agencies Act 1998 (c. 45)

21 (1) Paragraph 1 of Schedule 5 to the Regional Development Agencies Act 1998 (modifications of Acquisition of Land Act 1981) is omitted.

(2) The amendment made by sub-paragraph (1) does not apply to compulsory purchase orders of which notice has been published under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 (c. 67) before commencement of this paragraph.

Greater London Authority Act 1999 (c. 29)

22 (1) The Greater London Authority Act 1999 is amended as follows.

(2) In section 337 (publication)--

(a) for "relevant regional planning guidance" there is substituted "the regional spatial strategy for a region which adjoins Greater London";

(b) subsection (10) is omitted.

(3) In section 342(1) (matters to which Mayor is to have regard) for paragraph (a) there is substituted the following--

" (a) the regional spatial strategy for a region which adjoins Greater London; " .

(4) In section 346(b) (Mayor to monitor plans) for "unitary development plan" there is substituted "local development documents (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004)".

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