Office of Public Sector Information
(1) TCPA 1990 is amended as follows.
(2) In section 106 (planning obligations)—
(a) after subsection (1) insert—
“(1A) In the case of a development consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Planning Act 2008.”;
(b) in subsection (9) after paragraph (a) insert—
“(aa) if the obligation is a development consent obligation, contains a statement to that effect;”;
(c) after subsection (13) insert—
“(14) In this section and section 106A “development consent obligation” means a planning obligation entered into in connection with an application (or a proposed application) for an order granting development consent.”
(3) In section 106A(11) (modification and discharge of planning obligations: meaning of “the appropriate authority”) after paragraph (a) insert—
“(aa) the Secretary of State, in the case of any development consent obligation where the application in connection with which the obligation was entered into was (or is to be) decided by the Secretary of State;
(ab) the Infrastructure Planning Commission, in the case of any other development consent obligation;”.
(4) In section 106B(1) (appeals) after “an authority” insert “(other than the Secretary of State or the Infrastructure Planning Commission)”.
(5) After section 106B insert—
(1) A court may entertain proceedings for questioning a failure by the Secretary of State or the Infrastructure Planning Commission to give notice as mentioned in section 106A(7) only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of 6 weeks beginning with the day on which the period prescribed under section 106A(7) ends.
(2) A court may entertain proceedings for questioning a determination by the Secretary of State or the Infrastructure Planning Commission that a planning obligation shall continue to have effect without modification only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of 6 weeks beginning with the day on which notice of the determination is given under section 106A(7).”
(1) TCPA 1990 is amended as follows.
(2) In Schedule 13 (blighted land) after paragraph 23 insert—
“24 Land falls within this paragraph if—
(a) the compulsory acquisition of the land is authorised by an order granting development consent, or
(b) the land falls within the limits of deviation within which powers of compulsory acquisition conferred by an order granting development consent are exercisable, or
(c) an application for an order granting development consent seeks authority to compulsorily acquire the land.
25 Land falls within this paragraph if the land is in a location identified in a national policy statement as suitable (or potentially suitable) for a specified description of development.
Land ceases to fall within this paragraph when the national policy statement—
ceases to have effect, or
ceases to identify the land as suitable or potentially suitable for that description of development.”
(3) In section 150(1)(b) (notices requiring purchase of blighted land)—
(a) for “21 or” insert “21,”,
(b) after “notes)” insert “or paragraph 24”, and
(c) after “Schedule 13 and” insert “(except in the case of land falling within paragraph 24(c) of that Schedule)”.
(4) In section 151 (counter-notices objecting to blight notices) after subsection (7) insert—
“(7A) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 25 of Schedule 13 do not include those mentioned in subsection (4)(b).”
(5) After section 165 (power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served) insert—
Where a blight notice has been served in respect of land falling within paragraph 25 of Schedule 13, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.”
(6) In section 169 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 6) after subsection (5) insert—
“(6) In relation to land falling within paragraph 25 of Schedule 13, “the appropriate authority” is—
(a) if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker;
(b) in any other case, the Secretary of State.
(7) If any question arises by virtue of subsection (6)—
(a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or
(b) which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes,
that question shall be referred to the Secretary of State, whose decision shall be final.
(8) In subsections (6) and (7) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11.”
(7) In section 170 (“appropriate enactment” for purposes of Chapter 2) after subsection (8) insert—
“(8A) In relation to land falling within paragraph 24(a) or (b) of that Schedule, “the appropriate enactment” is the order granting development consent.
(8B) In relation to land falling within paragraph 24(c) of that Schedule, “the appropriate enactment” is an order in the terms of the order applied for.
(8C) In relation to land falling within paragraph 25 of that Schedule, “the appropriate enactment” is section 165A.”
(8) In section 171(1) (general interpretation of Chapter 2 of Part 6) at the appropriate place insert—
““national policy statement” has the meaning given by section 5(2) of the Planning Act 2008;”.
(1) The Town and Country Planning (Scotland) Act 1997 (c. 8) is amended as follows.
(2) In Schedule 14 (blighted land) after paragraph 16 insert—
“17 (1) This paragraph applies to land which relates to the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—
(a) one end of which is in England or Wales, and
(b) the other end of which is in Scotland,
where one of the following conditions is met.
(2) The conditions are—
(a) the compulsory acquisition of the land is authorised by an order granting development consent under the Planning Act 2008,
(b) the land falls within the limits of deviation within which powers of compulsory acquisition conferred by such an order are exercisable,
(c) an application for such an order seeks authority to compulsorily acquire the land.
18 This paragraph applies to land which is in a location identified in a national policy statement as suitable (or potentially suitable) for the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—
(a) one end of which is in England or Wales, and
(b) the other end of which is in Scotland.
Land ceases to be within this paragraph when the national policy statement—
ceases to have effect, or
ceases to identify the land as suitable or potentially suitable for the construction of such a pipe-line.”
(3) In section 100 (scope of Chapter 2 of Part 5) after subsection (5) insert—
“(5A) In the application of subsections (3)(a) and (4) in relation to land to which paragraph 17 or 18 of Schedule 14 applies, references to the Scottish Ministers are to be read as references to the Secretary of State.”
(4) In section 101(1)(b) (notices requiring purchase of blighted land)—
(a) for “or 15” substitute “, 15 or 17”, and
(b) after “Schedule 14 and” insert “(except in the case of land falling within paragraph 17 by virtue of paragraph 17(2)(c))”.
(5) In section 102 (counter-notices objecting to blight notices) after subsection (7) insert—
“(7A) An objection may not be made on the ground mentioned in paragraph (b) of subsection (4) in a counter-notice to a blight notice served by virtue of paragraph 18 of Schedule 14.”
(6) After section 116 insert—
Where a blight notice has been served in respect of land falling within paragraph 18 of Schedule 14, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.”
(7) In section 120 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 5) after subsection (4) insert—
“(5) In relation to land falling within paragraph 18 of Schedule 14, “the appropriate authority” is—
(a) if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker;
(b) in any other case, the Secretary of State.
(6) If any question arises by virtue of subsection (5)—
(a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or
(b) which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes,
that question shall be referred to the Secretary of State, whose decision shall be final.
(7) In subsections (5) and (6) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 10.”
(8) In section 121 (“appropriate enactment” for purposes of Chapter 2) after subsection (7) insert—
“(7A) In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(a) or (b), “the appropriate enactment” means the order granting development consent.
(7B) In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(c), “the appropriate enactment” means an order in the terms of the order applied for.
(7C) In relation to land falling within paragraph 18 of that Schedule, “the appropriate enactment” means section 116A.”
(9) In section 122 (general interpretation of Chapter 2 of Part 5)—
(a) after the definition of “crofter” insert—
““cross-country pipe-line” has the meaning given by section 66 of the Pipe-lines Act 1962 (c. 58);
“gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (see section 7(1) of that Act);”, and
(b) after the definition of “hereditament” insert—
““national policy statement” has the meaning given by section 5(2) of the Planning Act 2008;”.
In section 304A(1) of TCPA 1990 (grants for assisting the provision of advice and assistance in connection with planning matters), after paragraph (b) insert—
“(ba) the Planning Act 2008;”.
(1) The Secretary of State may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to the application of this Act to Scotland.
(2) The Secretary of State may, as respects any such grant, provide that it is to be subject to such terms and conditions as the Secretary of State thinks appropriate.
(1) In Part 1 of PCPA 2004 (regional functions) after section 4 insert—
(1) The RPB may make arrangements with the regional development agency for its region for the exercise by the agency on behalf of the RPB of any of the RPB’s functions.
(2) Subsection (3) applies if, by virtue of section 2(7), the Secretary of State has power to exercise any functions of the RPB.
(3) The Secretary of State may make arrangements with the regional development agency for the region of the RPB for the exercise by the agency on behalf of the Secretary of State of any of the RPB’s functions.
(4) Subsection (5) applies if, by virtue of section 10(3), the Secretary of State has power to prepare a draft revision of the RSS because of a failure to comply by the RPB.
(5) The Secretary of State may make arrangements with the regional development agency for the region of the RPB for the exercise by the agency on behalf of the Secretary of State of the Secretary of State’s function under section 10(3).
(6) Arrangements under this section—
(a) may be made only if the regional development agency agrees to the making of the arrangements and their terms;
(b) may be varied only if the regional development agency agrees to the variation and the terms of the variation.
(7) Arrangements under subsection (1) may be brought to an end at any time by the RPB.
(8) Arrangements under subsection (3) or (5) may be brought to an end at any time by the Secretary of State.
(9) A regional development agency which, by virtue of arrangements under this section, has power, or is required, to exercise a function of the RPB, may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the function.
(10) Arrangements under subsection (1) for the exercise of a function by a regional development agency do not prevent the RPB from exercising the function.
(11) Arrangements under subsection (3) or (5) for the exercise of a function by a regional development agency do not prevent the Secretary of State from exercising the function.
(12) “Regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998.”’.
(2) The Regional Development Agencies Act 1998 (c. 45) is amended as follows.
(3) In section 8 (regional consultation) after subsection (2) insert—
“(2A) The reference in subsection (2)(b) to the functions of a regional development agency does not include any function conferred by arrangements under section 4A of the Planning and Compulsory Purchase Act 2004 (delegation of functions of regional planning bodies to regional development agencies).”
(4) In section 11 (borrowing) after subsection (4) insert—
“(4A) The references in subsections (2) and (4) to the functions of a regional development agency do not include any function conferred by arrangements under section 4A of the Planning and Compulsory Purchase Act 2004 (delegation of functions of regional planning bodies to regional development agencies).”
(5) In section 18 (regional accountability) after subsection (1) insert—
“(1A) The reference in subsection (1)(c) to the functions of a regional development agency does not include any function conferred by arrangements under section 4A of the Planning and Compulsory Purchase Act 2004 (delegation of functions of regional planning bodies to regional development agencies).”
(6) In paragraph 7 of Schedule 2 (delegation of functions by regional development agencies) after sub-paragraph (1) insert—
“(1A) The reference in sub-paragraph (1) to anything authorised or required to be done under an enactment includes a reference to anything authorised or required to be done under arrangements made under an enactment.”
(1) PCPA 2004 is amended as follows.
(2) In section 15(2) (matters which must be specified in local development scheme)—
(a) omit paragraph (a);
(b) before paragraph (b) insert—
“(aa) the local development documents which are to be development plan documents;”;
(c) in paragraph (b) for “document” substitute “development plan document”;
(d) omit paragraph (c);
(e) in paragraphs (d) and (f) for “documents” substitute “development plan documents”.
(3) In section 17 (local development documents)—
(a) omit subsections (1) and (2);
(b) in subsection (3) for “The local development documents” substitute “The local planning authority’s local development documents”;
(c) in subsection (4) for the words before “in relation to development which is a county matter” substitute “Where a county council is required to prepare a minerals and waste development scheme in respect of an area, the council’s local development documents must (taken as a whole) set out the council’s policies (however expressed) for that area”;
(d) in subsection (7), before paragraph (a) insert—
“(za) which descriptions of documents are, or if prepared are, to be prepared as local development documents;”.
(4) In section 18 (statements of community involvement)—
(a) for subsection (3) substitute—
“(3) For the purposes of this Part (except sections 19(2) and 24) the statement of community involvement is a local development document.
This is subject to section 17(8).”;
(b) after subsection (3) insert—
“(3A) The statement of community involvement must not be specified as a development plan document in the local development scheme.”;
(c) omit subsections (4) to (6).
(5) In section 19 (preparation of local development documents)—
(a) in subsection (1) for “Local development documents” substitute “Development plan documents”;
(b) in subsection (2) after “In preparing a” insert “development plan document or any other”;
(c) in subsection (3) for “other local development documents” substitute “local development documents (other than their statement of community involvement)”;
(d) in subsection (5) for “document” substitute “development plan document”.
(6) In section 37 (interpretation of Part 2)—
(a) in subsection (2) for “section 17” substitute “sections 17 and 18(3)”;
(b) for subsection (3) substitute—
“(3) A development plan document is a local development document which is specified as a development plan document in the local development scheme.”
(7) In section 38 (development plan) after subsection (8) insert—
“(9) Development plan document must be construed in accordance with section 37(3).”
(1) Section 1 of PCPA 2004 (regional functions: regional spatial strategies) is amended as follows.
(2) After subsection (2) insert—
“(2A) The RSS must include policies designed to secure that the development and use of land in the region contribute to the mitigation of, and adaptation to, climate change.”
(3) In subsection (3) for “subsection (2)” substitute “subsections (2) and (2A)”.
In section 19 of PCPA 2004 (preparation of local development documents) after subsection (1) insert—
“(1A) Development plan documents must (taken as a whole) include policies designed to secure that the development and use of land in the local planning authority’s area contribute to the mitigation of, and adaptation to, climate change.”
In section 39 of PCPA 2004 (sustainable development) after subsection (2) insert—
“(2A) For the purposes of subsection (2) the person or body must (in particular) have regard to the desirability of achieving good design.”
In section 56(3)(c) of PCPA 2004 (appropriate consent required for correction of errors) at the beginning insert “in a case where the decision document relates to the exercise of a function in relation to Wales,”.
In section 113 of PCPA 2004 (validity of strategies, plans and documents) for subsection (7) substitute—
“(7) The High Court may—
(a) quash the relevant document;
(b) remit the relevant document to a person or body with a function relating to its preparation, publication, adoption or approval.
(7A) If the High Court remits the relevant document under subsection (7)(b) it may give directions as to the action to be taken in relation to the document.
(7B) Directions under subsection (7A) may in particular—
(a) require the relevant document to be treated (generally or for specified purposes) as not having been approved or adopted;
(b) require specified steps in the process that has resulted in the approval or adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken;
(c) require action to be taken by a person or body with a function relating to the preparation, publication, adoption or approval of the document (whether or not the person or body to which the document is remitted);
(d) require action to be taken by one person or body to depend on what action has been taken by another person or body.
(7C) The High Court’s powers under subsections (7) and (7A) are exercisable in relation to the relevant document—
(a) wholly or in part;
(b) generally or as it affects the property of the applicant.”
(1) Subsection (2) applies in relation to section 287 of TCPA 1990 (proceedings for questioning validity of development plans etc.), as that section continues to have effect by virtue of paragraph (3) of article 3 of the Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005 (S.I. 2005/2847) for the purposes of the transitional arrangements mentioned in that paragraph.
(2) In that section, after subsection (3) insert—
“(3A) Subsections (3B) to (3E) apply if—
(a) an application is made under this section in relation to a unitary development plan, and
(b) on the application the High Court is satisfied as mentioned in subsection (2)(b).
(3B) The High Court may remit the plan to a person or body with a function relating to its preparation, publication, adoption or approval.
(3C) If the High Court remits the plan under subsection (3B) it may give directions as to the action to be taken in relation to the plan.
(3D) Directions under subsection (3B) may in particular—
(a) require the plan to be treated (generally or for specified purposes) as not having been approved or adopted;
(b) require specified steps in the process that has resulted in the approval or adoption of the plan to be treated (generally or for specified purposes) as having been taken or as not having been taken;
(c) require action to be taken by a person or body with a function relating to the preparation, publication, adoption or approval of the plan (whether or not the person or body to which it is remitted);
(d) require action to be taken by one person or body to depend on what action has been taken by another person or body.
(3E) The High Court’s powers under subsections (3B) and (3C) are exercisable in relation to the plan—
(a) wholly or in part;
(b) generally or as it affects the property of the applicant.”
Schedule 7 (power to decline to determine applications: amendments) has effect.
(1) Section 61A of TCPA 1990 (local development orders) is amended as set out in subsections (2) and (3).
(2) Omit subsection (1) (requirement to implement policies).
(3) In subsection (2) for “A local development order may” substitute “A local planning authority may by order (a local development order)”.
(4) In paragraph 2 of Schedule 4A to TCPA 1990 (revision of local development orders) omit sub-paragraphs (4) and (5).
Planning Act 2008