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Planning and Compensation Act 1991 (c. 34)(The document as of February, 2008) Page 14 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 (4) The application must be served on the planning authority-- (a) after the date mentioned in sub-paragraph (5) below, and (b) except where section 49H(3) of this Act applies, before the end of the period of twelve months beginning with that date or such extended period as may at any time be agreed upon in writing between the applicant and the authority. (5) The date referred to in sub-paragraph (4) above is-- (a) the date on which the application for registration is granted by the planning authority, if no appeal is made to the Secretary of State under paragraph 5 below, and (b) in any other case, the date on which the application for registration is finally determined. (6) On an application under this paragraph-- (a) the planning authority must determine the conditions to which the permission is to be subject, and (b) if, within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority) the authority have not given the applicant notice of their determination, the authority shall be treated for the purposes of section 49H of this Act and this Schedule as having determined that the permission is to be subject to the conditions set out in the application. (7) The condition to which an old mining permission is to be subject by reason of sub-paragraph (1)(c) above is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 27(1)(b) of this Act (planning permission granted for a limited period). (8) This paragraph does not apply to an old mining permission which has ceased to have effect since the application under paragraph 1 above was granted. Registration3 (1) Where an application for the registration of an old mining permission is granted, the permission must be entered in the appropriate part of the register kept under section 31 of this Act and the entry must specify the area of land ascertained under paragraph 1(4)(a) above. (2) Where an application to determine the conditions to which an old mining permission is to be subject is finally determined, the conditions must be entered in the appropriate part of that register. (3) The matters required to be entered in the register under this paragraph must be entered as soon as reasonably practicable. General provisions about applications4 (1) An application under paragraph 1 or 2 above is an application which is-- (a) made on an official form, and (b) accompanied by an appropriate certificate. (2) The applicant must, so far as reasonably practicable, give the information required by the form. (3) Where the planning authority receive an application under paragraph 1 or 2 above, they must as soon as reasonably practicable give to the applicant a written acknowledgement of the application. (4) Where the planning authority determine an application under either of those paragraphs, they must as soon as reasonably practicable give written notice of their determination to the applicant. (5) An appropriate certificate is such a certificate-- (a) as would be required under sections 23 or 24 of this Act to accompany the application if it were an application for planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; but (b) with such modifications as are required for the purposes of this Schedule. (6) Sections 23(3) and 24(6) of this Act (offences) shall also have effect in relation to any certificate purporting to be an appropriate certificate. Right of appeal5 (1) Where the planning authority-- (a) refuse an application under paragraph 1 above, or (b) in granting such an application, ascertain an area of land, or conditions, which differ from those specified in the application, the applicant may appeal to the Secretary of State. (2) Where on an application under paragraph 2 above, the planning authority determine conditions that differ in any respect from the conditions set out in the application, the applicant may appeal to the Secretary of State. (3) An appeal under this paragraph must be made by giving notice of appeal to the Secretary of State. (4) In the case of an appeal under sub-paragraph (1) above, the notice must be given to the Secretary of State before the end of the period of three months beginning with the determination or, in the case of an application treated as refused by virtue of paragraph 1(5) above, beginning at the end of the period or extended period referred to in paragraph 1(5)(b). (5) In the case of an appeal under sub-paragraph (2) above, the notice must be given to the Secretary of State before the end of the period of six months beginning with the determination. (6) A notice of appeal under this paragraph is a notice which-- (a) is made on an official form, and (b) is accompanied by an appropriate certificate. (7) The appellant must, so far as reasonably practicable, give the information required by the form. (8) Paragraph 4(5) and (6) above shall apply for the purposes of sub-paragraph (7) above as it applies for the purposes of paragraph 4(1) above. Determination of appeal6 (1) On an appeal under paragraph 5 above the Secretary of State may-- (a) allow or dismiss the appeal, or (b) reverse or vary any part of the decision of the planning authority (whether the appeal relates to that part of it or not), and may deal with the application as if it had been made to him in the first instance. (2) Before determining such an appeal the Secretary of State must, if either the appellant or the planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. (3) If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may-- (a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal, and (b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly. (4) The decision of the Secretary of State on such an appeal shall be final. Reference of applications to Secretary of State7 (1) The Secretary of State may give directions requiring applications under this Schedule to any planning authority to be referred to him for determination instead of being dealt with by the authority. (2) The direction may relate either to a particular application or to applications of a class specified in the direction. (3) Where an application is referred to him under this paragraph-- (a) subject to paragraph (b) and sub-paragraph (4) below, the following provisions of this Schedule-- (i) paragraph 1(1) to (4), (ii) paragraph 2(1) to (6)(a), (7) and (8), (iii) paragraphs 3 and 4, and (iv) paragraphs 8 to 10, shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the planning authority, (b) before determining the application the Secretary of State must, if either the applicant or the planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and (c) the decision of the Secretary of State on the application shall be final. (4) Where an application under paragraph 1 above is so referred to him, paragraph 2(5) above shall apply as if for paragraphs (a) and (b) there were substituted "the date on which the application for registration is finally determined". Two or more applicants8 (1) Where a person has served an application under paragraph 1 or 2 above in respect of an old mining permission-- (a) he may not serve any further application under the paragraph in question in respect of the same permission, and (b) if the application has been determined, whether or not it has been finally determined, no other person may serve an application under the paragraph in question in respect of the same permission. (2) Where-- (a) a person has served an application under paragraph 1 or 2 above in respect of an old mining permission, and (b) another person duly serves an application under the paragraph in question in respect of the same permission, then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application served on the date on which the later application was served and references to the applicant shall be read as references to either or any of the applicants. Application of provisions relating to planning permission9 (1) Subject to paragraph 3 above, section 31 of this Act (registers of applications, etc.), and any provision of regulations under this Act or a development order made by virtue of that section, shall have effect with any necessary modifications as if references to applications for planning permission included applications under paragraph 1 or 2 above. (2) Where the planning authority is not the authority required to keep the register under that section, the planning authority must provide the authority required to keep the register with such information and documents as that authority requires to comply with paragraph 3 above and with that section as applied by this paragraph. (3) Sections 231 and 233 of this Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 231(3) included any decision of the Secretary of State on an appeal under paragraph 5 above or on an application referred to him under paragraph 7 above. Interpretation10 (1) In this Schedule--
(2) For the purposes of section 49H of this Act and this Schedule, an application under paragraph 1 or 2 above is finally determined when the following conditions are met-- (a) the proceedings on the application, including any proceedings on or in consequence of an application under section 233 of this Act, have been determined, and (b) any time for appealing under paragraph 5 above, or applying or further applying under that section, (where there is a right to do so) has expired. " . Section 58. SCHEDULE 10 Listed Buildings, Conservation Areas and Hazardous Substances - ScotlandThe 1972 Act1 The 1972 Act is amended as follows. 2 For section 53(5) (offences: penalties) there is substituted-- " (5) A person who is guilty of an offence under this section shall be liable-- (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000, or both; or (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both; and in determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence. " 3 In section 56L(4) (offences)-- (a) for "the statutory maximum" there is substituted "ВЈ20,000"; and (b) for the words following paragraph (b) there is substituted-- " (4A) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence. " 4 In section 92, (power to serve listed buildings enforcement notice)-- (a) paragraph (1)(c) is omitted; and (b) for subsection (4) there is substituted-- " (4) A listed building enforcement notice-- (a) shall specify the date upon which it is to take effect, and, subject to section 93(3) of this Act, shall take effect on that date, and (b) shall specify the period within which any steps are required to be taken and may specify different periods for different steps, and, where different periods apply to different steps, references in this Part of this Act to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken. " 5 For section 92(5) of that Act (withdrawal of notices) there is substituted-- " (5) The planning authority may-- (a) withdraw a listed building enforcement notice (without prejudice to their power to issue another); or (b) waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 92(4) of this Act, and the powers conferred by this subsection may be exercised whether or not the notice has taken effect. (5A) The planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it " . 6 (1) Section 93 (appeals) is amended as follows. (2) In subsection (1)-- (a) for paragraph (b) there is substituted-- " (b) that the matters alleged to constitute a contravention of section 53(1) or (4) of this Act have not occurred; (ba) that those matters (if they occurred) do not constitute such a contravention; " ; and (b) paragraph (k) is omitted. (3) For subsection (2) of that section there is substituted-- " (2) An appeal under this section shall be made either-- (a) by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or (b) by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date. " (4) In subsection (4) (power to correct notice on appeal), for paragraph (a) there is substituted-- " (a) the Secretary of State may-- (i) correct any defect, error or misdescription in the listed building enforcement notice; or (ii) vary the terms of the listed building enforcement notice, if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority. " (5) In subsection (5), the words "or for varying the terms of the notice in favour of the appellant" are omitted. 7 For section 94 (penalties for non-compliance with listed building enforcement notice) there is substituted-- " 94 Offence where listed building enforcement notice not complied with(1) Where, after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is for the time being owner of the land is in breach of the duty under this subsection. (2) If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence. (3) An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence. (4) In proceedings against any person for an offence under this section, it shall be a defence for him to show-- (a) that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or (b) that he was not served with a copy of the listed building enforcement notice and was not aware of its existence. (5) A person guilty of an offence under this section shall be liable-- (a) on summary conviction, to a fine not exceeding £20,000; and (b) on conviction on indictment, to a fine. (6) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence. " 8 In section 95 (execution and cost of works required by listed building enforcement notice), at the end there is inserted-- " (4) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. " 9 (1) In section 97B (power to issue hazardous substances contravention notice)-- (a) in subsection (3)(b) after "remedy" there is inserted "wholly or partly", and (b) in subsection (8) after "before" there is inserted "or after", and (c) at the end of subsection (9) there is inserted "or would, if the notice were re-issued, be served with a copy of it". 10 After section 97A there is inserted-- " 97AB Further provision as to rights of entry in relation to listed buildings(1) The provisions of this section and of section 97AC of this Act shall apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to listed buildings and listed buildings control. (2) If the sheriff is satisfied-- (a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; and (b) that-- (i) admission to the land has been refused, or a refusal is reasonably apprehended; or (ii) the case is one of urgency, he may issue a warrant authorising any person duly authorised in writing to enter the land. (3) For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period. (4) A warrant authorises entry on one occasion only and that entry must be-- (a) within one month from the date of the issue of the warrant; and (b) at a reasonable hour, unless the case is one of urgency. 97AC Rights of entry in relation to listed buildings: supplementary provisions(1) Subject to subsection (2) of this section, a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97AB of this Act (referred to in this section as "a right of entry"),-- (a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering; (b) may take with him such other persons as may be necessary; and (c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it. (2) Admission to any land which is occupied shall not be demanded as of right by virtue of section 265 of this section unless 24 hours' notice of the intended entry has been given to the occupier of the land. (3) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act. (5) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence. (6) Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land. (7) A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both. (8) No person shall carry out any works in exercise of a power conferred under section 97 of this Act unless notice of his intention to do so was included in the notice required by subsection (2) of this section. (9) The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 97 of this Act if-- (a) the land in question is held by statutory undertakers; and (b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking. (10) Section 213(1) of this Act applies for the purposes of subsection (9) of this section as it applies for the purposes of section 266(6)(b) of this Act. " 11 After section 97B there is inserted-- " 97BA Variation of hazardous substances contravention notices(1) A planning authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 97B(5)(b) of this Act in the notice. (2) The powers conferred by subsection (1) of this section may be exercised before or after the notice takes effect. (3) The planning authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it. 97BB Further provision as to rights of entry in relation to hazardous substances control(1) The provisions of this section and of section 97BC of this Act apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to applications for hazardous substances consent and hazardous substances control. (2) If the sheriff is satisfied-- (a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; and (b) that-- (i) admission to the land has been refused, or a refusal is reasonably apprehended; or (ii) the case is one of urgency, he may issue a warrant authorising any person duly authorised in writing to enter the land. (2) For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period. (3) A warrant authorises entry on one occasion only and that entry must be-- (a) within one month from the date of the issue of the warrant; and (b) at a reasonable hour, unless the case is one of urgency. 97BC Rights of entry in relation to hazardous substances control: supplementary provisions(1) A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97BB of this Act (referred to in this section as "a right of entry")-- (a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering; (b) may take with him such other persons as may be necessary; and (c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it. (2) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act. (4) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence. (5) Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land. (6) A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both. (7) The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 265(8) of this Act if-- (a) the land in question is held by statutory undertakers; and (b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking. (8) Section 213(1) of this Act applies for the purposes of subsection (7) of this section as it applies for the purposes of section 266(6)(b) of this Act. " 12 In section 265 (rights of entry)-- (a) in subsection (2), for "thereon" there is substituted "on that or any other land"; and (b) in subsection (3), for "the land" there is substituted "that or any other land". Local Government, Planning and Land Act 1980 (c. 65)13 In Part I of Schedule 30 to the Local Government, Planning and Land Act 1980, the following is inserted at the appropriate place among the provisions there listed: 97AB. Section 59. SCHEDULE 11 Simplified Planning Zones - ScotlandPart I Modification of Procedure for Making or Altering SchemesProcedure before and after deposit of proposals1 In Schedule 6A to the 1972 Act (simplified planning zones) for paragraphs 5 and 6 there is substituted-- " Steps to be taken before depositing proposals5 (1) A 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-- (i) the Secretary of State; and (ii) any local roads authority in whose area the proposed zone or any part of it lies, as to the effect any proposals they may make might have on existing or future roads; and (b) consult or notify such persons as regulations may require them to consult or, as the case may be, notify. (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 proposals6 Where a 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; (c) take such steps as may be prescribed for inviting representations or objections to be made within such period as may be prescribed; and (d) send a copy of the proposed scheme or alterations to the Secretary of State and to any local roads authority whom they have consulted under paragraph 5(2)(a) of this Schedule. " Dealing with objections, etc.2 (1) For paragraph 7(1) to (3) (objections: local inquiry or other hearing) there is substituted-- " Procedure for dealing with objections7 (1) Where objections to the proposed scheme or alterations are made, the 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 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 -- Back --
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