Office of Public Sector Information
PART 9 continued CHAPTER 2 continued
(1) Section 108 of TCPA 1990 (compensation for refusal or conditional grant of planning permission formerly granted by development order or local development order) is amended as follows.
(2) After subsection (2) insert—
“(2A) Where—
(a) planning permission granted by a development order for development in England of a prescribed description is withdrawn by the issue of directions under powers conferred by the order, or
(b) planning permission granted by a local development order for development in England is withdrawn by the issue of directions under powers conferred by the order,
this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the directions took effect.”
(3) After subsection (3A) insert—
“(3B) This section does not apply if—
(a) in the case of planning permission granted by a development order, the condition in subsection (3C) is met;
(b) in the case of planning permission granted by a local development order, the condition in subsection (3D) is met.
(3C) The condition referred to in subsection (3B)(a) is that—
(a) the planning permission is granted for development in England of a prescribed description,
(b) the planning permission is withdrawn in the prescribed manner,
(c) notice of the withdrawal was published in the prescribed manner not less than 12 months or more than the prescribed period before the withdrawal took effect, and
(d) either—
(i) the development authorised by the development order had not started before the notice was published, or
(ii) the development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.
(3D) The condition referred to in subsection (3B)(b) is that—
(a) the planning permission is granted for development in England,
(b) the planning permission is withdrawn by the revocation or amendment of the local development order, or by the issue of directions under powers conferred by the local development order,
(c) notice of the revocation, amendment or directions was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation, amendment or directions (as the case may be) took effect, and
(d) either—
(i) the development authorised by the local development order had not started before the notice was published, or
(ii) the local development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.”
(4) After subsection (4) insert—
“(5) Regulations under this section prescribing a description of development may (in particular) do so by reference to one or more classes or descriptions of development specified in a development order.
(6) In this section “prescribed” means prescribed by regulations made by the Secretary of State.”
(1) TCPA 1990 is amended as follows.
(2) After section 96 insert—
(1) A local planning authority in England may make a change to any planning permission relating to land in their area if they are satisfied that the change is not material.
(2) In deciding whether a change is material, a local planning authority must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission as originally granted.
(3) The power conferred by subsection (1) includes power—
(a) to impose new conditions;
(b) to remove or alter existing conditions.
(4) The power conferred by subsection (1) may be exercised only on an application made by or on behalf of a person with an interest in the land to which the planning permission relates.
(5) An application under subsection (4) must be made in the form and manner prescribed by development order.
(6) Subsection (7) applies in relation to an application under subsection (4) made by or on behalf of a person with an interest in some, but not all, of the land to which the planning permission relates.
(7) The application may be made only in respect of so much of the planning permission as affects the land in which the person has an interest.
(8) A local planning authority must comply with such requirements as may be prescribed by development order as to consultation and publicity in relation to the exercise of the power conferred by subsection (1).”
(3) In section 5(3) (purposes for which Broads Authority is the sole local district planning authority) for “97” substitute “96A”.
(4) In section 69(1) (register of applications etc)—
(a) after paragraph (a) insert—
“(aa) applications for non-material changes to planning permission under section 96A;”,
(b) in subsection (2)(a) after “(1)(a)” insert “and (aa)”, and
(c) in subsection (4) after “(1)(a)” insert “, (aa)”.
(5) In section 286(1) (challenges to validity on ground of authority’s powers) after paragraph (a) insert—
“(aa) an application for non-material changes to planning permission under section 96A;”.
(6) In Schedule 1 (local planning authorities: distribution of functions), in paragraph 3(1), after paragraph (a) insert—
“(aa) applications for non-material changes to planning permission under section 96A;”.
(1) Section 284(3) of TCPA 1990 (validity of certain actions on the part of the Secretary of State) is amended as follows.
(2) Before paragraph (a) insert—
“(za) any decision on an application referred to the Secretary of State under section 76A;”.
(3) In paragraph (a) omit “for planning permission”.
(1) Chapter 1 of Part 8 of TCPA 1990 (special controls: trees) is amended as follows.
(2) In section 198 (power to make tree preservation orders) omit—
(a) subsections (3) and (4) (provision that may be made by tree preservation orders),
(b) subsection (6) (matters to which tree preservation orders do not apply), and
(c) subsections (8) and (9) (power to make provision about application for consent under tree preservation order).
(3) Omit section 199 (form of and procedure applicable to tree preservation orders).
(4) Omit section 201 (provisional tree preservation orders).
(5) In section 202 (power for Secretary of State or Welsh Ministers to make tree preservation orders), omit subsection (3) (procedure applicable to orders made by Secretary of State or Welsh Ministers).
(6) Omit sections 203 to 205 (compensation in connection with tree preservation orders).
(7) After section 202 insert—
(1) The appropriate national authority may by regulations make provision in connection with tree preservation orders.
(2) Sections 202B to 202G make further provision about what may, in particular, be contained in regulations under subsection (1).
(3) In this section and those sections “tree preservation order” includes an order under section 202(1).
(4) In this Act “tree preservation regulations” means regulations under subsection (1).
(5) In subsection (1) “the appropriate national authority”—
(a) in relation to England means the Secretary of State, and
(b) in relation to Wales means the Welsh Ministers.
(6) Section 333(3) does not apply in relation to tree preservation regulations made by the Welsh Ministers.
(7) Tree preservation regulations made by the Welsh Ministers are subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(1) Tree preservation regulations may make provision about—
(a) the form of tree preservation orders;
(b) the procedure to be followed in connection with the making of tree preservation orders;
(c) when a tree preservation order takes effect.
(2) If tree preservation regulations make provision for tree preservation orders not to take effect until confirmed, tree preservation regulations may—
(a) make provision for tree preservation orders to take effect provisionally until confirmed;
(b) make provision about who is to confirm a tree preservation order;
(c) make provision about the procedure to be followed in connection with confirmation of tree preservation orders.
(1) Tree preservation regulations may make provision for prohibiting all or any of the following—
(a) cutting down of trees;
(b) topping of trees;
(c) lopping of trees;
(d) uprooting of trees;
(e) wilful damage of trees;
(f) wilful destruction of trees.
(2) A prohibition imposed on a person may (in particular) relate to things whose doing the person causes or permits (as well as to things the person does).
(3) A prohibition may be imposed subject to exceptions.
(4) In particular, provision may be made for a prohibition not to apply to things done with consent.
(5) In this section “tree” means a tree in respect of which a tree preservation order is in force.
(1) This section applies if tree preservation regulations make provision under section 202C(4).
(2) Tree preservation regulations may make provision—
(a) about who may give consent;
(b) for the giving of consent subject to conditions;
(c) about the procedure to be followed in connection with obtaining consent.
(3) The conditions for which provision may be made under subsection (2)(b) include—
(a) conditions as to planting of trees;
(b) conditions requiring approvals to be obtained from the person giving the consent;
(c) conditions limiting the duration of the consent.
(4) The conditions mentioned in subsection (3)(a) include—
(a) conditions requiring trees to be planted;
(b) conditions about the planting of any trees required to be planted by conditions within paragraph (a), including conditions about how, where or when planting is to be done;
(c) conditions requiring things to be done, or installed, for the protection of any trees planted in pursuance of conditions within paragraph (a).
(5) In relation to any tree planted in pursuance of a condition within subsection (4)(a), tree preservation regulations may make provision —
(a) for the tree preservation order concerned to apply to the tree;
(b) authorising the person imposing the condition to specify that the tree preservation order concerned is not to apply to the tree.
(6) “The tree preservation order concerned” is the order in force in relation to the tree in respect of which consent is given under tree preservation regulations.
(7) The provision that may be made under subsection (2)(c) includes provision about applications for consent, including provision as to—
(a) the form or manner in which an application is to be made;
(b) what is to be in, or is to accompany, an application.
(8) Tree preservation regulations may make provision for appeals—
(a) against refusal of consent;
(b) where there is a failure to decide an application for consent;
(c) against conditions subject to which consent is given;
(d) against refusal of an approval required by a condition;
(e) where there is a failure to decide an application for such an approval.
(9) Tree preservation regulations may make provision in connection with appeals under provision made under subsection (8), including—
(a) provision imposing time limits;
(b) provision for further appeals;
(c) provision in connection with the procedure to be followed on an appeal (or further appeal);
(d) provision about who is to decide an appeal (or further appeal);
(e) provision imposing duties, or conferring powers, on a person deciding an appeal (or further appeal).
(1) Tree preservation regulations may make provision for the payment of compensation—
(a) where any consent required under tree preservation regulations is refused;
(b) where any such consent is given subject to conditions;
(c) where any approval required under such a condition is refused.
(2) Tree preservation regulations may provide for entitlement conferred under subsection (1) to apply only in, or to apply except in, cases specified in tree preservation regulations.
(3) Tree preservation regulations may provide for entitlement conferred by provision under subsection (1) to be subject to conditions, including conditions as to time limits.
(4) Tree preservation regulations may, in relation to compensation under provision under subsection (1), make provision about—
(a) who is to pay the compensation;
(b) who is entitled to the compensation;
(c) what the compensation is to be paid in respect of;
(d) the amount, or calculation of, the compensation.
(5) Tree preservation regulations may make provision about the procedure to be followed in connection with claiming any entitlement conferred by provision under subsection (1).
(6) Tree preservation regulations may make provision for the determination of disputes about entitlement conferred by provision under subsection (1), including provision for and in connection with the referral of any such disputes to, and their determination by, the Lands Tribunal, the First-tier Tribunal or the Upper Tribunal.
Tree preservation regulations may make provision for the keeping of, and public access to, registers containing information related to tree preservation orders.
(1) Tree preservation regulations may provide for the application (with or without modifications) of, or make provision comparable to, any provision of this Act mentioned in subsection (2).
(2) The provisions are any provision of Part 3 relating to planning permission or applications for planning permission, except sections 56, 62, 65, 69(3) and (4), 71, 91 to 96, 100 and 101 and Schedule 8.
(3) Tree preservation regulations may make provision comparable to—
(a) any provision made by the Town and Country Planning (Tree Preservation Order) Regulations 1969 or the Town and Country Planning (Trees) Regulations 1999;
(b) any provision that could have been made under section 199(2) and (3).
(4) Tree preservation regulations may contain incidental, supplementary, consequential, transitional and transitory provision and savings.”
(8) Schedule 8 makes further amendments in connection with tree preservation orders.
(1) This section applies to a tree preservation order made before the appointed day.
(2) With effect from the beginning of the appointed day, a tree preservation order to which this section applies shall have effect with the omission of all of its provisions other than any that have effect for the purpose of identifying the order or for the purpose of identifying the trees, groups of trees or woodlands in respect of which the order—
(a) is in force, or
(b) may at any later time be in force.
(3) In this section—
“the appointed day”—
in relation to England means the day on which subsection (1) comes fully into force in relation to England, and
in relation to Wales means the day on which subsection (1) comes fully into force in relation to Wales;
“tree preservation order” means an order made under, or an order having effect as if made under, section 198(1) of TCPA 1990.
(1) Schedule 9 (use of land: power to override easements and other rights when use is in accordance with planning permission) has effect.
(2) The Welsh Ministers may by order amend Schedule 4 to the Welsh Development Agency Act 1975 (c. 70) for the purpose of authorising the use in accordance with planning permission of land acquired under section 21A of that Act, even if the use involves—
(a) interference with an interest or right to which paragraph 6 of that Schedule applies, or
(b) a breach of a restriction as to the user of land arising by virtue of a contract.
(3) The power to make an order under subsection (2) is exercisable by statutory instrument.
(4) The power includes—
(a) power to make different provision for different purposes (including different areas);
(b) power to make incidental, consequential, supplementary, transitional or transitory provision or savings.
(5) No order may be made under subsection (2) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, the National Assembly for Wales.
In section 266 of TCPA 1990 (applications for planning permission by statutory undertakers), after subsection (1) insert—
“(1A) Subsection (1) has effect in relation to an application or appeal relating to land in England only if the Secretary of State or the appropriate Minister has given a direction for it to have effect in relation to the application or appeal (and the direction has not been revoked).”
(1) After section 319 of TCPA 1990 insert—
(1) The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.
(2) A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate—
(a) at a local inquiry;
(b) at a hearing;
(c) on the basis of representations in writing.
(3) The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.
(4) A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.
(5) The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).
(6) The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).
(7) This section applies to—
(a) an application referred to the Secretary of State under section 77 instead of being dealt with by a local planning authority in England;
(b) an appeal under section 78 against a decision of a local planning authority in England;
(c) an appeal under section 174 against an enforcement notice issued by a local planning authority in England;
(d) an appeal under section 195 against a decision of a local planning authority in England; and
(e) an appeal under section 208 against a notice under section 207(1) issued by a local planning authority in England.
(8) But this section does not apply to proceedings if they are referred to a Planning Inquiry Commission under section 101; and on proceedings being so referred, any determination made in relation to the proceedings under subsection (1) of this section ceases to have effect.
(9) The Secretary of State may by order amend subsection (7) to—
(a) add proceedings to, or remove proceedings from, the list of proceedings to which this section applies, or
(b) otherwise modify the descriptions of proceedings to which this section applies.
(10) An order under subsection (9) may—
(a) contain incidental, supplementary, consequential, transitional and transitory provision and savings;
(b) amend, repeal or revoke any provision made by or under this Act or by or under any other Act.”
(2) After section 88C of the Listed Buildings Act insert—
(1) The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.
(2) A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate—
(a) at a local inquiry;
(b) at a hearing;
(c) on the basis of representations in writing.
(3) The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.
(4) A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.
(5) The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).
(6) The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).
(7) This section applies to—
(a) an application referred to the Secretary of State under section 12 instead of being dealt with by a local planning authority in England;
(b) an appeal under section 20 against a decision of a local planning authority in England; and
(c) an appeal under section 39 against a listed building enforcement notice issued by a local planning authority in England.
(8) The Secretary of State may by order amend subsection (7) to—
(a) add proceedings under this Act to, or remove proceedings under this Act from, the list of proceedings to which this section applies, or
(b) otherwise modify the descriptions of proceedings under this Act to which this section applies.
(9) An order under subsection (8) may—
(a) contain incidental, supplementary, consequential, transitional and transitory provision and savings;
(b) amend, repeal or revoke any provision made by or under this Act or by or under any other Act.”
(3) After section 21 of the Hazardous Substances Act insert—
(1) The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.
(2) A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate—
(a) at a local inquiry;
(b) at a hearing;
(c) on the basis of representations in writing.
(3) The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.
(4) A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.
(5) The Secretary of State must notify the appellant or applicant (as the case may be) and the hazardous substances authority of any determination made under subsection (1).
Planning Act 2008