Planning and Compensation Act 1991 (c. 34)

(The document as of February, 2008)

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(c) the local planning authority who are preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and

(d) a local inquiry or other hearing is held for the purpose of considering any objection to the plan.

(2) Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that--

(a) the objection is to a policy identified in the statement published under sub-paragraph (1)(c);

(b) the policy so identified is an existing policy; and

(c) there has been no significant change in circumstances affecting the existing policy since it first formed part of the plan mentioned in sub-paragraph (1)(a).

(3) In this paragraph "existing policy" means a policy or proposal the substance of which (however expressed) was contained in a local plan in force as mentioned in sub-paragraph (1)(a). "

37 (1) In Schedule 13 to that Act (blighted land) in paragraph 1 in Note (1) for paragraphs (a) and (b) there is substituted--

" (a) proposals for the alteration or replacement of a structure plan which have been made available for inspection under section 33(2);

(b) any proposed modifications to those proposals which have been published in accordance with regulations under section 53. "

(2) In Note (2) to that paragraph for the words from "33(9)" to the end there is substituted "34".

(3) In Note (5) for "in force" there is substituted "in operation".

(4) After that Note there is inserted--

" (5A) In Note (5) the reference to a local plan in operation includes a reference to a minerals local plan, a waste local plan, which in either case is in operation, and to a local plan continued in operation by virtue of paragraph 44 of Schedule 4 to the [1991 c. 34.] Planning and Compensation Act 1991. "

(5) In Note (7) to that paragraph for the words from "and all references" to the end there is substituted "and Notes (1) to (4) shall be omitted".

(6) In paragraph 2 of that Schedule in paragraph (a) for "in force" there is substituted "in operation".

(7) For Note (1) to paragraph 2 there is substituted--

" (1) In this paragraph the reference to a local plan in operation includes a reference to a minerals local plan, a waste local plan, which in either case is in operation, and to a local plan continued in operation by virtue of paragraph 44 of Schedule 4 to the [1991 c. 34.] Planning and Compensation Act 1991, and also includes--

(a) proposals for the making or alteration and replacement of any such plan where copies of the proposals have been made available for inspection under section 40(2) or by virtue of paragraph 43 of Schedule 4 to the [1991 c. 34.] Planning and Compensation Act 1991; and

(b) any proposed modifications to those proposals which have been published in accordance with regulations under section 53. "

(8) Notes (2) and (5) to that paragraph are omitted.

(9) In Note (3) to that paragraph "also" is omitted.

(10) In paragraph 3 of that Schedule, in Note (1)--

(a) in paragraph (a) for "13(3)" there is substituted "13(2)"; and

(b) in paragraph (b) "or under section 22" is omitted.

(11) In Note (2) to that paragraph "13(7) or" is omitted.

(12) In paragraph 4 of that Schedule, in Note (1)--

(a) in paragraph (a) for "13(3)" there is substituted "13(2)";

(b) in paragraph (b) "or under section 22" is omitted.

(13) In Note (2) to that paragraph "13(7) or" is omitted.

38 In Schedule 4 to the [1990 c. 11.] Planning (Consequential Provisions) Act 1990--

(a) in paragraph 1, in the Table, the entry relating to section 9(4) of the 1971 Act and paragraph 2 of that Schedule is omitted;

(b) paragraph 2 is omitted.

39 In Schedule 17 to the [1972 c. 70.] Local Government Act 1972 (discharge of planning functions in national parks) in paragraph 6(a) for "Part II" there is substituted "sections 30 to 35C, 46(2) and 50(1), (4), (5) and (7)".

Part III Transitional Provisions

Interpretation

40 In this Part of this Schedule--

"commencement" means the commencement of Part I of this Schedule;
"the old law" means the principal Act in the form in which it was in force immediately before commencement;
"the new law" means the principal Act as amended by this Act;
"prescribed" means prescribed by regulations made by the Secretary of State;
"winning and working of minerals", "depositing of mineral waste", "policies" in relation to such winning and working or depositing, and "waste policies" have the same meaning as they have under the new law.

Unitary development plans

41 (1) Where a local planning authority have, under section 13(3) of the old law, made available copies of proposals for the making, alteration or replacement of a unitary development plan but the proposals are not adopted or approved before commencement--

(a) the proposals shall be treated on and after commencement as if made available under section 13(2) of the the new law; and

(b) any other step taken before commencement for the purpose of complying with any requirement of the old law with respect to such making, alteration or replacement may be treated on and after commencement as having been taken for the purpose of complying with any similar requirement imposed by or under the new law.

(2) Sub-paragraph (3) below applies where, at any time within the period of two years beginning with the date of commencement--

(a) a unitary development plan is in operation which by virtue of paragraph 4 of Part I or paragraph 17 of Part II of Schedule 2 to the old law includes a local plan (whether subject to alteration or otherwise);

(b) proposals are made for the alteration or replacement of the unitary development plan;

(c) the local planning authority who are making those proposals have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and

(d) a local inquiry or other hearing is held for the purpose of considering an objection to the proposals.

(3) Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that--

(a) the objection is to a policy identified in the statement published under sub-paragraph (2)(c) above;

(b) the policy so identified is an existing policy; and

(c) there has been no significant change in circumstances affecting the existing policy since it was included in the unitary development plan.

(4) In this paragraph "existing policy" means a policy or proposal the substance of which (however expressed) was contained in a plan included as mentioned in sub-paragraph (2)(a) above.

Structure plans

42 (1) Where a local planning authority have, under section 32(3) of the old law, submitted to the Secretary of State copies of proposals for the alteration or repeal and replacement of a structure plan but the proposals are not approved before commencement--

(a) the submission of the proposals shall on and after commencement be treated for the purposes of the new law as the sending of the copy under section 33(2)(b) of that law; and

(b) any other step taken before commencement for the purpose of complying with any requirement of the old law with respect to such alteration or repeal and replacement may on and after commencement be treated as having been taken for the purpose of complying with any similar requirement imposed by or under Part II of the new law.

(2) Where sub-paragraph (1) above applies the proposals may be adopted or approved under the new law as if they had been prepared after commencement.

Local plans

43 Where a local planning authority have made available under section 39(5) or 40(2) of the old law copies of proposals for the making, alteration, repeal or replacement of a local plan but the proposals are not adopted or approved before commencement, the proposals may after commencement be adopted or as the case may be, approved as if the old law were still in force.

44 (1) A local plan which--

(a) immediately before commencement is in operation in the area of a local planning authority, or

(b) is brought into operation after commencement by virtue of paragraph 43 above,

(in this Schedule referred to as "a saved local plan") shall, subject to the following provisions of this paragraph, continue in operation.

(2) Where a saved local plan--

(a) complies with section 36 of the new law and was prepared by the authority who are entitled to prepare the plan required by that section, or

(b) contains only those policies required or permitted to be included in a minerals local plan or a waste local plan in accordance with sections 36 to 38 of the new law and was made by the authority who are entitled to prepare a minerals local plan or, as the case may be, a waste local plan,

it shall be treated as if it were a local plan, a minerals local plan or, as the case may be, a waste local plan which had been adopted or, as the case may be, approved under the new law (and accordingly may be altered or replaced under the new law).

(3) In sub-paragraphs (4) to (8) below the references to saved local plans do not include a reference to saved local plans treated, by virtue of sub-paragraph (2) above, as if adopted or approved under the new law.

(4) Any saved local plan shall have effect subject to a local plan, minerals local plan or waste local plan which is adopted or approved under the new law and shall not be treated as mentioned in sub-paragraph (2) above (and accordingly may not be altered or replaced under the new law).

(5) Where the last of the plans, or the plan, required to be prepared for an area under sections 36 to 38 of the new law is prepared for that area--

(a) any saved local plan, and

(b) any old development plan,

shall cease to have effect in relation to that area.

(6) If the Secretary of State so directs, any specified provisions of a saved local plan shall continue in operation--

(a) for such period as may be specified or determined in accordance with the direction;

(b) in relation to the area or any specified part of the area to which the saved local plan relates.

(7) The Secretary of State may revoke any direction given under sub-paragraph (6) above.

(8) Before giving or revoking any such direction the Secretary of State shall consult any local planning authority for the area in which the plan is in operation.

(9) A saved local plan shall, while it continues in operation, be treated for the purposes of the new law, any other enactment relating to town and country planning, the [1961 c. 33.] Land Compensation Act 1961 and the [1980 c. 66.] Highways Act 1980 as being comprised in the development plan in respect of the area in question.

(10) In this paragraph--

"old development plan" has the same meaning as in Part III of Schedule 2 to the principal Act; and
"specified" means specified in the direction.

45 (1) Sub-paragraph (2) below applies where after commencement--

(a) there is in operation in the area of a local planning authority a saved local plan which does not fall within paragraph 44(2)(a) above;

(b) proposals are made in pursuance of the new law for the making, alteration or replacement of a local plan for that area;

(d) a local inquiry or other hearing is held for the purpose of considering any objection to the proposals.

(2) Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that--

(a) the objection is to a policy identified in the statement published under sub-paragraph (1)(c) above;

(b) the policy so identified is an existing policy; and

(c) there has been no significant change in circumstances affecting the existing policy since it first formed part of the saved local plan.

(3) In this paragraph "existing policy" means a policy or proposal the substance of which (however expressed) was contained in the saved local plan falling within sub-paragraph (1)(a) above.

Minerals and waste local plans

46 (1) Sub-paragraph (2) below applies where after commencement--

(a) there is in operation in the area of a local planning authority a saved local plan which does not fall within paragraph 44(2)(b) above and which contains--

(i) any detailed policies for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or

(ii) any waste policies;

(b) proposals are made in pursuance of the new law for the making, alteration or replacement of a minerals local plan or a waste local plan for that area;

(d) a local inquiry or other hearing is held for the purpose of considering any objection to the proposals.

(2) Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that--

(a) the objection is to a policy identified in the statement published under sub-paragraph (1)(c) above;

(b) the policy so identified is an existing policy; and

(c) there has been no significant change in circumstances affecting the existing policy since it first formed part of the saved local plan.

(3) In this paragraph "existing policy" means any policy falling within sub-paragraph (1)(a) above the substance of which (however expressed) was contained in the saved local plan falling within that sub-paragraph.

Duty of structure plan authority to notify authorities responsible for saved local plans etc.

47 (1) In this paragraph the references to saved local plans do not include a reference to saved local plans treated, by virtue of paragraph 44(2) above, as if adopted or approved under the new law.

(2) Where at any time after commencement any proposals for the alteration or replacement of a structure plan are adopted or approved, the authority concerned shall--

(a) notify any local planning authority in their area that the proposals have been adopted or approved;

(b) supply that authority with a statement that any saved local plan in operation in that authority's area is or, as the case may be, is not in general conformity with the altered or new structure plan.

(3) A statement that a saved local plan is not in general conformity with a structure plan shall specify the respects in which it is not in such conformity.

(4) Where at any time after commencement any proposals for the alteration or replacement of a structure plan are withdrawn, the authority concerned shall notify any authority who prepared any saved local plan which is in operation in their area that the proposals have been withdrawn.

(5) Nothing in this paragraph requires an authority to notify or supply a statement to themselves.

(6) The provisions of a saved local plan shall prevail for all purposes over any conflicting provisions in the relevant structure plan unless the saved local plan is one stated under sub-paragraph (2) above not to be in general conformity with the structure plan.

(7) Sub-paragraph (6) above is subject to any regulations made by the Secretary of State with respect to conflict between plans.

Consultation

48 Any consultation undertaken before commencement for the purposes of any provision contained in or made under Part II of the old law shall be as effective for the purposes of any similar provision contained in or made under Part II of the new law as if undertaken after commencement.

Joint plans

49 (1) The Secretary of State may give directions applying with modifications the provisions of this part of this Schedule to cases where--

(a) any plan has been or is being jointly prepared; or

(b) any proposals for the alteration, repeal or replacement of such a plan have been or are being jointly prepared.

(2) Any such directions may be of a general or particular character.

Proceedings for questioning validity of development plans

50 An application may be made after commencement under and in accordance with section 287 of the old law with respect to any plan adopted, altered, repealed or replaced under the old law.

The Isles of Scilly

51 An order under section 319 of the new law may make transitional provision in connection with any development plan in force in the Isles of Scilly.

Section 28.

SCHEDULE 5 Simplified Planning Zones

Part I Modification of Procedure for Making or Altering Schemes

Procedure before and after deposit of proposals

1 In Schedule 7 to the principal Act (simplified planning zones) for paragraphs 5 to 7 there is substituted--

" Steps to be taken before depositing proposals

5 (1) A local planning authority proposing to make or alter a simplified planning zone scheme shall, before determining the content of their proposals, comply with this paragraph.

(2) They shall--

(a) consult the Secretary of State having responsibility for highways as to the effect any proposals they may make might have on existing or future highways,

(b) if they are the district planning authority, consult the county council--

(i) as county planning authority, and

(ii) as to the effect which any matters the district planning authority are considering including in the proposals might have on existing or future highways, and

(3) They shall take such steps as may be prescribed or as the Secretary of State may, in a particular case, direct to publicise--

(a) the fact that they propose to make or alter a simplified planning zone scheme, and

(b) the matters which they are considering including in the proposals.

(4) They shall consider any representations that are made in accordance with regulations.

Procedure after deposit of proposals

6 Where a local planning authority have prepared a proposed simplified planning zone scheme, or proposed alterations to a simplified planning zone scheme, they shall--

(a) make copies of the proposed scheme or alterations available for inspection at such places as may be prescribed,

(b) take such steps as may be prescribed for the purpose of advertising the fact that the proposed scheme or alterations are so available and the places at which, and times during which, they may be inspected,

(d) send a copy of the proposed scheme or alterations to the Secretary of State and to the Secretary of State having responsibility for highways and, if they are the district planning authority, to the county council. "

Dealing with objections, etc.

2 (1) For paragraph 8(1) to (3) (objections: local inquiry or other hearing) there is substituted--

" Procedure for dealing with objections

8 (1) Where objections to the proposed scheme or alterations are made, the local planning authority may--

(a) for the purpose of considering the objections, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, appointed by the authority, or

(b) require the objections to be considered by a person appointed by the Secretary of State.

(2) A local planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State. "

(2) For paragraph 11(3) and (4) (consideration of objections, etc., by Secretary of State) there is substituted--

" (3) Where on taking the proposals into consideration the Secretary of State does not determine then to reject them he shall, before determining whether or not to approve them, consider any objections made in accordance with regulations (and not withdrawn) except objections which--

(a) have already been considered by the local planning authority or by a person appointed by the Secretary of State, or

(b) have already been considered at a local inquiry or other hearing.

(4) The Secretary of State may--

(a) for the purpose of considering any objections and the views of the local planning authority and of such other persons as he thinks fit, cause a local inquiry or other hearing to be held by a person appointed by him, or

(b) require such objections and views to be considered by a person appointed by him.

(5) In considering the proposals the Secretary of State may consult with, or consider the views of, any local planning authority or any other person; but he need not do so, or give an opportunity for the making or consideration of representations or objections, except so far as he is required to do so by sub-paragraph (3). "

Part II Minor and Consequential Amendments

3 In Schedule 1 to that Act, paragraph 9(2) and (3) is omitted.

4 Schedule 7 to that Act is amended as follows.

5 At the end of paragraph 4(1) there is added "and, in either case, requires the local planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme."

6 In paragraph 8(4) for "to hold a local inquiry or other hearing" there is substituted "for the purposes of this paragraph".

7 (1) In paragraph 9 for sub-paragraph (1) there is substituted--

" (1) After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of any person holding an inquiry or hearing or considering the objections under paragraph 8, the local planning authority may by resolution adopt the proposals (subject to the following provisions of this paragraph and paragraph 10). "

(2) In sub-paragraph (3) of that paragraph for "consider modifying" there is substituted "modify".

8 In paragraph 10(2)(a) after "hearing" there is inserted "or any consideration of objections".

9 For paragraph 12(1) there is substituted--

" 12 (1) Where--

(a) a local planning authority are directed under paragraph 3 to make a simplified planning zone scheme which the Secretary of State considers appropriate or to alter such a scheme in such manner as he considers appropriate, and

(b) the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme,

he may himself make a scheme or, as the case may be, the alterations. "

10 In paragraph 13(2)--

(a) after paragraph (b) there is inserted--

" (bb) make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations; " and

(b) in paragraph (e) the words from "for the purpose" to "6(2)" are omitted.

Section 31.

SCHEDULE 6 Planning Compensation Repeals: Minor and Consequential Amendments

Land Compensation Act 1961 (c. 33)

1 (1) In section 15 of the Land Compensation Act 1961 (assumptions not directly derived from development plans)--

(a) for subsection (3) there is substituted--

" (3) Subject to subsection (4) of this section, it shall be assumed that, in respect of the relevant land or any part of it, planning permission would be granted--

(a) subject to the condition set out in Schedule 10 to the Town and Country Planning Act 1990, for any development of a class specified in paragraph 1 of Schedule 3 to that Act; and

(b) for any development of a class specified in paragraph 2 of Schedule 3 to that Act. " ; and

(b) in subsection (4), paragraphs (a) and (b) are omitted.

(2) This paragraph shall have effect, or be treated as having had effect, in relation to compensation which fell or falls to be assessed by reference to prices current on 16th November 1990 or on any subsequent date.

Gas Act 1965 (c. 36)

2 In Schedule 3 to the Gas Act 1965, paragraph 3 is omitted.

Public Expenditure and Receipts Act 1968 (c. 14)

3 In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees) in paragraph 7, sub-paragraph (b) is omitted.

Post Office Act 1969 (c. 48)

4 In Schedule 9 to the Post Office Act 1969 (transitional provisions) in paragraph 27(7) for "Parts V and XII of the Town and Country Planning Act 1990" there is substituted "Part XII of the Town and Country Planning Act 1990".

Land Compensation Act 1973 (c. 26)

5 (1) In section 5 of the Land Compensation Act 1973 (assessment of compensation: assumptions as to planning permission)--

(a) for subsection (2) there is substituted--

" (2) Subject to subsection (3) below, it shall be assumed that, in respect of the land in which the interest subsists ("the relevant land") or any part of it, planning permission would be granted--

(a) subject to the condition set out in Schedule 10 to the Town and Country Planning Act 1990, for any development of a class specified in paragraph 1 of Schedule 3 to that Act; and

(b) for any development of a class specified in paragraph 2 of Schedule 3 to that Act. " ; and

(b) in subsection (3), paragraphs (a) and (b) are omitted.

(2) This paragraph shall have effect, or be treated as having had effect, where the relevant date for the purposes of Part I of the [1973 c. 26.] Land Compensation Act 1973 fell or falls on or after 16th November 1990.

Civil Aviation Act 1982 (c. 16)

6 In section 53(1)(a) of the Civil Aviation Act 1982 "114," is omitted.

Airports Act 1986 (c. 31)

7 In section 61(1)(a) of the Airports Act 1986 "114," is omitted.

The principal Act

8 The principal Act is amended as follows.

9 In section 55 (meaning of development) subsection (6) (meaning of new development) is omitted.

10 In section 56(5) (time when development begun) for paragraph (b) there is substituted--

" (b) development of a class specified in paragraph 1 or 2 of Schedule 3; " .

11 Sections 80 and 81 (review of planning decisions where compensation claimed under Part V) are omitted.

12 In section 90(3) (development with Government authorisation) for "Parts V and" there is substituted "Part".

13 (1) In section 107(4) (compensation where planning permission revoked or modified) for "for any development of the land of any class specified in Schedule 3" there is substituted " --

(a) subject to the condition set out in Schedule 10, for any development of the land of a class specified in paragraph 1 of Schedule 3;

(b) for any development of a class specified in paragraph 2 of Schedule 3. "

(2) This paragraph shall have effect, or be treated as having had effect, in relation to claims made on or after 16th November 1990.

14 In section 109(6) (apportionment of compensation for depreciation) for "in sections 110 and 113" there is substituted "section 110".

15 In section 111 (recovery of compensation under section 107 on subsequent development)--

(a) in subsections (1) and (2) "new", in both places where it occurs, is omitted;

(b) in subsection (2) for "and (4)" there is substituted "to (5)"; and

" (5) This section does not apply to any development--

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