Planning and Compensation Act 1991 (c. 34)

(The document as of February, 2008)

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12 After that section there is inserted--

" 24A Variation of hazardous substances contravention notices

(1) A hazardous substances 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 24(5)(b) in the notice.

(2) The powers conferred by subsection (1) may be exercised before or after the notice takes effect.

(3) The hazardous substances 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. "

13 In section 25(2) of that Act (contravention notices: effect of appeal) after "shall" there is inserted "subject to regulations under this section".

14 After section 26(2) of that Act (transitional exemptions) there is inserted--

" (2A) This section shall have effect until the end of the transitional period. "

15 After section 26 of that Act there is inserted--

" 26AA Injunctions

(1) Where a hazardous substances authority consider it necessary or expedient for any actual or apprehended contravention of hazardous substances control to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Act.

(2) On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention.

(3) Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown.

(4) In this section "the court" means the High Court or the county court. "

16 (1) Section 36 of that Act (rights of entry) is amended as follows.

(2) In subsection (4) after "contravention notice" there is inserted "or a notice under section 183 of the principal Act (as applied by regulations made by virtue of section 25)".

(3) For subsection (6) there is substituted--

" 36A Warrants to enter land

(1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing--

(a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 36; 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,

the justice may issue a warrant authorising any person duly authorised in writing by a hazardous substances authority to enter the land.

(2) For the purposes of subsection (1)(b)(i) 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.

36B Rights of entry: supplementary provisions

(1) A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 36 or 36A (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 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.

(4) Subsection (3) 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.

(5) A person who is guilty of an offence under subsection (3) shall be liable--

(a) on summary conviction to a fine not exceeding the statutory maximum, or

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

(6) If any damage is caused to land or chattels in the exercise of--

(a) a right of entry; or

(b) a power conferred by virtue of section 36(5) in connection with such a right,

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 118 of the principal Act shall apply in relation to compensation under this section as it applies in relation to compensation under Part IV of that Act.

(7) The authority of the appropriate Minister shall be required for the carrying out of works in the exercise of a power under section 36 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 265(1) and (3) of the principal Act (meaning of "appropriate Minister") applies for the purposes of subsection (7) as it applies for the purposes of section 325(9) of the principal Act. "

Part II Minor and Consequential Amendments

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

17 In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 there listed: 44A, 88 and 88A.

Housing Act 1988 (c. 50.)

18 In section 67(3A) of the Housing Act 1988 for "25 and 36" there is substituted "26AA, 36 and 36A".

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

19 In section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990--

(a) in subsection (2) "within such period as may be so specified" is omitted,

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

" (3) A listed building enforcement notice--

(a) shall specify the date on which it is to take effect and, subject to sections 39(3) and 65(3A), 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 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. " , and

(c) in subsection (4) for "specified date" there is substituted "date specified in it as the date on which it is to take effect".

20 In section 39(7) of that Act "in writing" is omitted.

21 In section 42 of that Act--

(a) in subsection (1) for "compliance period" there is substituted "period for compliance with the notice", and

(b) subsection (7) is omitted.

22 In section 46(4) of that Act for "sections 42 and 43" there is substituted "section 42" and for "those sections" there is substituted "that section".

23 Section 55(6) of that Act is omitted.

24 In section 82 of that Act--

(a) in subsection (1) for "39(6), 42(6) and 55(6)" there is substituted "and 39(6)", and

(b) in subsection (3) for "sections 39(6) and 42(6)" there is substituted "section 39(6)".

25 In section 88(6) of that Act for "subsection (7)" there is substituted "section 88B(8)" and "or the presence of minerals in it" is omitted.

26 In section 90(6)(b) of that Act "and 42(6)" is omitted.

27 In section 92(2)(b) of that Act "and 42(6)" is omitted.

28 In Schedule 3 to that Act, in paragraph 2(1)(b), after "section 41(1), (2)" there is inserted "(2A)".

29 In Schedule 4 to that Act, in paragraph 5(b) for "and 88(2)(a) and (b)" there is substituted "44A, 88(2)(a) and (b) and 88A".

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

30 In section 25(1) of the Planning (Hazardous Substances) Act 1990--

(a) in paragraph (b)(v) for "175(1) to (4)" there is substituted "175(1) to (3)", and

(b) in paragraph (c) "(1) to (5) and (7)" is omitted.

31 In section 31(2) of that Act for "or 24" there is substituted "24 or 26AA".

32 In section 36(5) of that Act "Subject to subsection (6)" is omitted.

Section 27.

SCHEDULE 4 Development Plans

Part I Streamlining of Development Plan System

1 Part II of the principal Act (development plans) is amended as follows.

Unitary development plans

2 (1) In section 12 (content of unitary development plan), in subsection (3) for the words from "other" to the end there is substituted " use of land in their area.

(3A) The policies shall, subject to subsection (3B), include policies in respect of--

(a) the conservation of the natural beauty and amenity of the land;

(b) the improvement of the physical environment; and

(3B) Regulations under this section may prescribe the aspects of such development and use with which the general policies in Part I of a unitary development plan are to be concerned, in which case the policies shall be concerned with those aspects and no others. "

(2) In subsection (4)(a) of that section "other", in the second place where it occurs, and "or for any description of development or other use of such land" are omitted.

(3) For subsection (6) of that section there is substituted--

" (6) In formulating the general policies in Part I of a unitary development plan the authority shall have regard to--

(a) any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;

(b) current national policies;

(d) such other matters as the Secretary of State may prescribe or, in a particular case, direct. "

(4) After subsection (7) of that section there is inserted--

" (7A) In formulating their proposals in Part II of a unitary development plan, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct. "

(5) At the end of that section there is inserted--

" (10) Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State. "

3 After that section there is inserted--

" 12A Urban development corporations

(1) The Secretary of State may direct that a unitary development plan--

(a) shall not be prepared; or

(b) shall not operate,

in relation to the area of an urban development corporation.

(2) The Secretary of State may direct that proposals for the alteration or replacement of a unitary development plan shall not be prepared in relation to the area of an urban development corporation. "

4 For section 13 (publicity in connection with preparation of unitary development plan) there is substituted--

" 13 Public participation

(1) When preparing a unitary development plan for their area and before finally determining its contents the local planning authority shall--

(a) comply with--

(i) any requirements imposed by regulations made under section 26; and

(ii) any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and

(b) consider any representations made in accordance with those regulations.

(2) Where the local planning authority have prepared a unitary development plan, before adopting it they shall--

(a) make copies of it available for inspection at such places as may be prescribed by those regulations;

(b) send a copy to the Secretary of State; and

(3) Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.

(4) In this section "the prescribed period" means such period as may be prescribed by or determined in accordance with regulations made under section 26 and in this Chapter "objections made in accordance with the regulations" means objections made--

(a) in accordance with regulations made under that section; and

(b) within the prescribed period.

(5) The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.

(6) A unitary development plan shall not be adopted by the authority under section 15 until--

(a) after they have considered any objections made in accordance with the regulations; or

(b) if no such objections are made, after the expiry of the prescribed period. "

5 In section 14 (withdrawal of unitary development plan)--

(a) in subsections (2) and (4) for "13(3)" there is substituted "13(2)"; and

(b) subsection (3) (concerning publicity) is omitted.

6 In section 15 (adoption of unitary development plan by local planning authority) for subsection (1) there is substituted--

" (1) Subject to the following provisions of this section and sections 17 and 18, the local planning authority may by resolution adopt the unitary development plan, either as originally prepared or as modified so as to take account of--

(a) any objections to the plan; or

(b) any other considerations which appear to them to be material. "

7 In section 16 (local inquiries) for subsection (1) there is substituted--

" (1) Where any objections have been made, in accordance with the regulations, to proposals for a unitary development plan copies of which have been made available for inspection under section 13(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.

(1A) The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.

(1B) The local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves. "

8 In section 17(1) (direction to consider proposals) for "consider modifying" there is substituted "modify".

9 In sections 17(1) and 18(1) for "13(3)", in both places where it occurs, there is substituted "13(2)".

10 In section 19(2) (approval of unitary development plan by Secretary of State) after "taken into account in" there is inserted "preparing".

11 In section 20(1) (local inquiry, public examination and consultation by Secretary of State) for "regulations under this Chapter" there is substituted "the regulations."

12 (1) In section 21 (alteration or replacement of unitary development plan) for subsection (1) there is substituted--

" (1) A local planning authority may at any time prepare proposals--

(a) for alterations to the unitary development plan for their area; or

(b) for its replacement.

(1A) If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for--

(a) such alterations to the unitary development plan as he directs; or

(b) its replacement.

(1B) An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a unitary development plan if the plan or any part of it has been approved by the Secretary of State. "

(2) In subsection (2) of that section "Subject to section 22" is omitted.

13 Section 22 (short procedure for certain alterations and replacements) is omitted.

14 In section 23 (joint unitary development plans)--

(a) subsections (2) to (4) and (9) and (10) are omitted;

(b) in subsection (5) for "(3)" there is substituted "(2)";

(d) in subsection (8) for "making" there is substituted "preparing" and for "make" there is substituted "prepare".

15 In section 26(2) (regulations with respect to publicity, etc. for unitary development plans)--

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

" (cc) make provision with respect to the circumstances in which representations with respect to the matters to be included in a plan or proposals are to be treated, for any of the purposes of this Chapter, as being objections made in accordance with the regulations; "

(b) in paragraph (f) for the words from "for the purpose" to "22(2)(b)" there is substituted "in compliance with the regulations or available for inspection under section 13(2)"; and

" (ff) make provision for steps taken in compliance with the regulations in respect of a unitary development plan which has been withdrawn to be taken into account in prescribed circumstances for the purposes of complying with the regulations in respect of a subsequent unitary development plan; " .

Structure and local plans

16 In section 31 (structure plans: continuity, form and content), for subsections (2) to (5) there is substituted--

" (2) A structure plan shall contain a written statement formulating the authority's general policies in respect of the development and use of land in their area.

(3) The policies shall, subject to subsection (4), include policies in respect of--

(a) the conservation of the natural beauty and amenity of the land;

(b) the improvement of the physical environment; and

(4) Regulations under this section may prescribe the aspects of such development and use with which the general policies in a structure plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.

(5) A structure plan shall also contain --

(a) such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies as may be prescribed; and

(b) such other matters as the Secretary of State may, in any particular case, direct.

(6) In formulating their general policies the authority shall have regard to--

(a) any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;

(b) current national policies;

(d) such other matters as the Secretary of State may prescribe or, in a particular case, direct.

(7) Where there is in operation, by virtue of section 7(7) of the 1971 Act, a structure plan relating to part of the area of a local planning authority, the authority shall, within such period (if any) as the Secretary of State may direct, prepare proposals for replacing the structure plans for the time being in operation with a single structure plan relating to the whole of their area.

(8) The following provisions of this Chapter apply to such replacement as they apply to replacement in exercise of the power in section 32(1)(b).

(9) Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State.

(10) For the purposes of this section, except subsection (6)(b), "policies" includes proposals. "

17 For sections 32 to 41 (provisions with respect to the alteration and replacement of structure plans and the making, alteration and replacement of local plans and related provisions) there is substituted--

" 32 Alteration and replacement of structure plans

(1) A local planning authority may at any time prepare proposals--

(a) for alterations to the structure plan for their area; or

(b) for its replacement.

(2) If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for--

(a) such alterations to the structure plan as he directs; or

(b) its replacement.

(3) An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a structure plan if the plan or any part of it has been approved by the Secretary of State under section 35A.

(4) Proposals for the alteration of a structure plan may relate to the whole or part of the area to which the plan relates.

(5) Proposals prepared under this section shall be accompanied by an explanatory memorandum.

(6) The explanatory memorandum shall state--

(a) the reasons which in the opinion of the authority justify each of their proposals;

(b) any information on which the proposals are based;

(c) the relationship of the proposals to general policies for the development and use of land in neighbouring areas which may be expected to affect the area to which the proposals relate,

and may contain such illustrative material as the authority think appropriate.

(7) Proposals for the alteration or replacement of a structure plan shall not become operative unless they are--

(a) adopted by the authority (under section 35); or

(b) approved by the Secretary of State (under section 35A).

33 Public participation

(1) When preparing proposals for the alteration or replacement of a structure plan for their area and before finally determining their contents the local planning authority shall--

(a) comply with--

(i) any requirements imposed by regulations made under section 53; and

(ii) any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and

(b) consider any representations made in accordance with those regulations.

(2) Where the authority have prepared proposals for the alteration or replacement of a structure plan they shall--

(a) make copies of the proposals and the explanatory memorandum available for inspection at such places as may be prescribed by those regulations;

(b) send a copy of the proposals and the explanatory memorandum to the Secretary of State; and

(3) Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.

(4) In this section "the prescribed period" means such period as may be prescribed by or determined in accordance with regulations made under section 53 and in this Chapter "objections made in accordance with the regulations" means objections made--

(a) in accordance with regulations made under that section; and

(b) within the prescribed period.

(5) The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.

(6) The proposals shall not be adopted by the authority under section 35 until--

(a) after they have considered any objections made in accordance with the regulations; or

(b) if no such objections are made, after the expiry of the prescribed period.

34 Withdrawal of proposals for alteration and replacement of structure plans

(1) Proposals for the alteration or replacement of a structure plan may be withdrawn by the local planning authority at any time before they have adopted them or the Secretary of State has approved them.

(2) On the withdrawal of such proposals, the authority shall--

(a) withdraw the copies made available for inspection in accordance with section 33(2); and

(b) give notice that the proposals have been withdrawn to every person who has made an objection to them.

35 Adoption of proposals

(1) Subject to subsection (3) and sections 35A and 35B, the local planning authority may by resolution adopt proposals for the alteration or replacement of a structure plan, either as originally prepared or as modified so as to take account of--

(a) any objections to the proposals; or

(b) any other considerations which appear to them to be material.

(2) If it appears to the Secretary of State that the proposals are unsatisfactory he may, at any time before the local planning authority have adopted the proposals, direct the authority to modify the proposals in such respects as are indicated in the direction.

(3) An authority to whom such a direction is given shall not adopt the proposals unless--

(a) they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction; or

(b) the direction is withdrawn.

(4) Subject to the following provisions of this Chapter and to section 287, proposals for the alteration or replacement of a structure plan shall become operative on the date on which they are adopted.

35A Calling in of proposals for approval by Secretary of State

(1) The Secretary of State may, at any time before the local planning authority have adopted proposals for the alteration or replacement of a structure plan, direct that all or any part of the proposals shall be submitted to him for his approval.

(2) If he gives such a direction--

(a) the local planning authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and

(b) the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 35.

(3) Subsection (2)(a) applies in particular to holding or proceeding with an examination in public under section 35B(1).

(4) The Secretary of State may, after considering proposals submitted to him in compliance with a direction under subsection (1)--

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