Office of Public Sector Information
PART 4 continued
(2) The Secretary of State may direct that the application must be referred to him instead of being dealt with by the local planning authority.
(3) If the Secretary of State gives a direction under subsection (2) he may also direct that any application—
(a) under or for the purposes of the planning Acts, and
(b) which he thinks is connected with the application mentioned in subsection (1),
must also be referred to him instead of being dealt with by the local planning authority.
(4) If the Secretary of State gives a direction under this section—
(a) the application must be referred to him;
(b) he must appoint an inspector to consider the application.
(5) If the Secretary of State gives a direction under subsection (2) the applicant must prepare an economic impact report which must—
(a) be in such form and contain such matter as is prescribed by development order;
(b) be submitted to the Secretary of State in accordance with such provision as is so prescribed.
(6) For the purposes of subsection (5) the Secretary of State may, by development order, prescribe such requirements as to publicity and notice as he thinks appropriate.
(7) A direction under this section or section 76B may be varied or revoked by a subsequent direction.
(8) The decision of the Secretary of State on any application referred to him under this section is final.
(9) Regional relates to a region listed in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45).
(10) The following provisions of this Act apply (with any necessary modifications) to an application referred to the Secretary of State under this section as they apply to an application which falls to be determined by a local planning authority—
(a) section 70;
(b) section 72(1) and (5);
(c) section 73;
(d) section 73A.
(11) A development order may apply (with or without modifications) any requirements imposed by the order by virtue of section 65 or 71 to an application referred to the Secretary of State under this section.
(12) This section does not apply to an application which relates to the development of land in Wales.
(1) This section applies if the Secretary of State appoints an inspector under section 76A(4)(b) (the lead inspector).
(2) The Secretary of State may direct the lead inspector—
(a) to consider such matters relating to the application as are prescribed;
(b) to make recommendations to the Secretary of State on those matters.
(3) After considering any recommendations of the lead inspector the Secretary of State may—
(a) appoint such number of additional inspectors as he thinks appropriate;
(b) direct that each of the additional inspectors must consider such matters relating to the application as the lead inspector decides.
(4) An additional inspector must—
(a) comply with such directions as to procedural matters as the lead inspector gives;
(b) report to the lead inspector on the matters he is appointed to consider.
(5) A copy of directions given as mentioned in subsection (4)(a) must be given to—
(a) the person who made the application;
(b) the local planning authority;
(c) any other person who requests it.
(6) If the Secretary of State does not act under subsection (3) he must direct the lead inspector to consider the application on his own.
(7) In every case the lead inspector must report to the Secretary of State on—
(a) his consideration of the application;
(b) the consideration of the additional inspectors (if any) of the matters mentioned in subsection (3)(b).
(8) The function of the lead inspector in pursuance of subsection (2)—
(a) may be exercised from time to time;
(b) includes making recommendations as to the number of additional inspectors required from time to time.
(9) The power of the Secretary of State under subsection (3) to appoint an additional inspector includes power to revoke such an appointment.”
(1) In section 83 of the principal Act (making simplified planning zone schemes) subsection (1) is omitted.
(2) Before section 83(2) of that Act there are inserted the following subsections—
“(1A) This section applies if—
(a) the regional spatial strategy for the region in which the area of a local planning authority in England is situated identifies the need for a simplified planning zone in that area (or any part of it);
(b) the criteria prescribed by the National Assembly for Wales for the need for a simplified planning zone are satisfied in relation to the area (or any part of the area) of a local planning authority in Wales.
(1B) The local planning authority must consider the question for which part or parts of their area a simplified planning zone scheme is desirable.
(1C) The local planning authority must keep under review the question mentioned in subsection (1B).”
(3) For section 83(2) of that Act there are substituted the following subsections—
“(2) A local planning authority must make a simplified planning zone scheme for all or any part of their area—
(a) if as a result of the consideration mentioned in subsection (1B) or the review mentioned in subsection (1C) they decide that it is desirable to do so;
(b) if they are directed to do so by the Secretary of State or the National Assembly for Wales (as the case may be).
(2A) A local planning authority may at any time—
(a) alter a scheme adopted by them;
(b) with the consent of the Secretary of State alter a scheme made or altered by him under paragraph 12 of Schedule 7 or approved by him under paragraph 11 of that Schedule;
(c) with the consent of the National Assembly for Wales alter a scheme made or altered by it under paragraph 12 of Schedule 7 or approved by it under paragraph 11 of that Schedule.
(2B) A simplified planning zone scheme for an area in England must be in conformity with the regional spatial strategy.”
(4) In section 83 of that Act after subsection (3) there is inserted the following subsection—
“(4) In this section and in Schedule 7—
(a) a reference to the regional spatial strategy must be construed in relation to any area in Greater London as a reference to the spatial development strategy;
(b) a reference to a region must be construed in relation to such an area as a reference to Greater London.”
(5) In section 85(1) of that Act (duration of simplified planning zone scheme) for the words from “period” to the end there is substituted “specified period”.
(6) After section 85(1) of that Act there is inserted the following subsection—
“(1A) The specified period is the period not exceeding 10 years—
(a) beginning with the date when the scheme is adopted or approved, and
(b) which is specified in the scheme.”
(7) In Schedule 7 of that Act in paragraph 2 (notification of proposal to make scheme) for “decide under section 83(2) to make or” there is substituted “are required under section 83(2) to make or decide under section 83(2A) to”.
(8) In Schedule 7 of that Act paragraphs 3 and 4 are omitted.
(9) In Schedule 7 of that Act in paragraph 12 (default powers of Secretary of State) for sub-paragraph (1) there are substituted the following sub-paragraphs—
“(1) This paragraph applies if each of the following conditions is satisfied.
(1A) The first condition is that—
(a) the regional spatial strategy for the region in which the area of a local planning authority is situated identifies the need for a simplified planning zone in any part of their area, or
(b) the criteria prescribed by the National Assembly for Wales for the need for a simplified planning zone are satisfied in relation to the area of a local planning authority in Wales.
(1B) The second condition is that the Secretary of State or the National Assembly for Wales (as the case may be) is satisfied after holding a local inquiry or other hearing that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or alteration of a scheme.
(1C) The Secretary of State or the National Assembly for Wales (as the case may be) may make or alter the scheme.”
(1) The Secretary of State may, by regulations, make provision for the making of a planning contribution in relation to the development or use of land in the area of a local planning authority.
(2) The contribution may be made—
(a) by the prescribed means,
(b) by compliance with the relevant requirements, or
(c) by a combination of such means and compliance.
(3) The regulations may require the local planning authority to include in a development plan document (or in such other document as is prescribed)—
(a) a statement of the developments or uses or descriptions of development or use in relation to which they will consider accepting a planning contribution;
(b) a statement of the matters relating to development or use in relation to which they will not consider accepting a contribution by the prescribed means;
(c) the purposes to which receipts from payments made in respect of contributions are (in whole or in part) to be put;
(d) the criteria by reference to which the value of a contribution made by the prescribed means is to be determined.
(4) The regulations may make provision as to circumstances in which—
(a) except in the case of a contribution to which subsection (3)(b) applies, the person making the contribution (the contributor) must state the form in which he will make the contribution;
(b) the contribution may not be made by compliance with the relevant requirements if it is made by the prescribed means;
(c) the contribution may not be made by the prescribed means if it is made by compliance with the relevant requirements;
(d) a contribution must not be made.
(5) The prescribed means are—
(a) the payment of a sum the amount and terms of payment of which are determined in accordance with criteria published by the local planning authority for the purposes of subsection (3)(d),
(b) the provision of a benefit in kind the value of which is so determined, or
(c) a combination of such payment and provision.
(6) The relevant requirements are such requirements relating to the development or use as are—
(a) prescribed for the purposes of this section, and
(b) included as part of the terms of the contribution,
and may include a requirement to make a payment of a sum.
(7) Development plan document must be construed in accordance with section 37(3).
(1) This section applies for the purpose of regulations made under section 46.
(2) Maximum and minimum amounts may be prescribed in relation to a payment falling within section 46(5)(a).
(3) Provision may be made to enable periodic adjustment of the criteria mentioned in section 46(3)(d).
(4) The local planning authority may be required to publish an annual report containing such information in relation to the planning contribution as is prescribed.
(5) If a document is prescribed for the purposes of section 46(3) the regulations may prescribe—
(a) the procedure for its preparation and the time at which it must be published;
(b) the circumstances in which and the procedure by which the Secretary of State may take steps in relation to the preparation of the document.
(6) Provision may be made for the enforcement by the local planning authority of the terms of a planning contribution including provision—
(a) for a person obstructing the taking of such steps as are prescribed to be guilty of an offence punishable by a fine not exceeding level 3 on the standard scale;
(b) for a person deriving title to the land from the contributor to be bound by the terms of the contribution;
(c) for a condition to be attached to any planning permission relating to the land requiring the contribution to be made before any development is started;
(d) for the enforcement of a planning contribution in respect of land which is Crown land within the meaning of section 293(1) of the principal Act.
(7) The regulations may—
(a) require the local planning authority to apply receipts from planning contributions made by the prescribed means only to purposes mentioned in section 46(3)(c);
(b) make provision for setting out in writing the terms of the planning contribution;
(c) make provision in relation to the modification or discharge of a planning contribution.
(8) The regulations may—
(a) make different provision in relation to the areas of different local planning authorities or different descriptions of local planning authority;
(b) exclude their application (in whole or in part) in relation to the area of one or more local planning authorities or descriptions of local planning authority.
In relation to land in Wales, sections 46 and 47 apply subject to the following modifications—
(a) references to the Secretary of State must be construed as references to the National Assembly for Wales;
(b) the reference to a development plan document must be construed as a reference to a local development plan (within the meaning of section 62).
(1) In the principal Act in section 55 (meaning of development) after subsection (2) there are inserted the following subsections—
“(2A) The Secretary of State may in a development order specify any circumstances or description of circumstances in which subsection (2) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage amount as is so specified.
(2B) The development order may make different provision for different purposes.”
(2) This subsection applies if—
(a) section 55(2) of the principal Act is disapplied in respect of any operations by virtue of a development order under section 55(2A) of that Act,
(b) at the date the development order comes into force a certificate under section 192 of the principal Act (certificate of lawfulness of proposed use or development) is in force in respect of the operations, and
(c) before that date no such operations have been begun.
(3) If subsection (2) applies the certificate under section 192 of the principal Act is of no effect.
(4) A development order made for the purposes of section 55(2A) of the principal Act does not affect any operations begun before it is made.
(1) In the principal Act after section 78 (right to appeal) there is inserted the following section—
(1) This section applies if a person who has made an application mentioned in section 78(1)(a) appeals to the Secretary of State under section 78(2).
(2) At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).
(3) If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—
(a) the appeal must be treated as an appeal under section 78(1) against the refusal;
(b) the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
(c) the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.
(4) If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity—
(a) to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;
(b) to revise the grounds of the appeal;
(c) to change any option the person has chosen relating to the procedure for the appeal.
(5) The Secretary of State must not issue his decision on the appeal before the end of the additional period.
(6) The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2).”
(2) In the listed buildings Act after section 20 (right to appeal) there is inserted the following section—
(1) This section applies if a person who has made an application mentioned in section 20(1)(a) appeals to the Secretary of State under section 20(2).
(2) At any time before the end of the additional period the local planning authority may give the notice referred to in section 20(2).
(3) If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—
(a) the appeal must be treated as an appeal under section 20(1) against the refusal;
(b) the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
(c) the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.
(4) If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity—
(a) to proceed with the appeal as an appeal under section 20(1) against the grant of the application subject to conditions;
(b) to revise the grounds of the appeal;
(c) to change any option the person has chosen relating to the procedure for the appeal.
(5) The Secretary of State must not issue his decision on the appeal before the end of the additional period.
(6) The additional period is the period prescribed for the purposes of this section and which starts on the day on which the person appeals under section 20(2).”
(3) This section has effect only in relation to relevant applications which are received by the local planning authority after the commencement of this section.
(4) The following are relevant applications—
(a) an application mentioned in section 78(1)(a) of the principal Act;
(b) an application mentioned in section 20(1)(a) of the listed buildings Act;
(c) an application mentioned in section 20(1)(a) of the listed buildings Act as given effect by section 74(3) of that Act (application of certain provisions to the control of demolition in conservation areas).
(1) Section 91 of the principal Act (limit on duration of planning permission) is amended as follows—
(a) in subsections (1)(a) and (3) for the words “five years” there is substituted “three years”;
(b) after subsection (3) there are inserted the following subsections—
“(3A) Subsection (3B) applies if any proceedings are begun to challenge the validity of a grant of planning permission or of a deemed grant of planning permission.
(3B) The period before the end of which the development to which the planning permission relates is required to be begun in pursuance of subsection (1) or (3) must be taken to be extended by one year.
(3C) Nothing in this section prevents the development being begun from the time the permission is granted or deemed to be granted.”
(2) In section 92 of that Act (outline planning permission)—
(a) in subsection (2)(b) sub-paragraph (i) is omitted;
(b) in subsection (2)(b) in sub-paragraph (ii) the words “if later” are omitted;
(c) in subsection (4) “five years” is omitted.
(3) In section 73 of the principal Act (applications to develop land without compliance with existing conditions) after subsection (4) there is inserted the following subsection—
“(5) Planning permission must not be granted under this section to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which—
(a) a development must be started;
(b) an application for approval of reserved matters (within the meaning of section 92) must be made.”
(4) Section 18 of the listed buildings Act (limit of duration of listed buildings consent) is amended as follows—
(a) in subsections (1)(a) and (2) for the words “five years” there is substituted “three years”;
(b) after subsection (2) there are inserted the following subsections—
“(2A) Subsection (2B) applies if any proceedings are begun to challenge the validity of a grant of listed building consent or of a deemed grant of listed building consent.
(2B) The period before the end of which the works to which the consent relates are required to be begun in pursuance of subsection (1) or (2) must be taken to be extended by one year.
(2C) Nothing in this section prevents the works being begun from the time the consent is granted.”
(5) In section 19 of that Act (variation or discharge of conditions) after subsection (4) there is inserted the following subsection—
“(5) But a variation or discharge of conditions under this section must not—
(a) vary a condition subject to which a consent was granted by extending the time within which the works must be started;
(b) discharge such a condition.”
(6) This section has effect only in relation to applications made under the principal Act or the listed buildings Act which are received by the local planning authority after the commencement of the section.
After section 171D of the principal Act (penalties for non-compliance with planning contravention notice) there are inserted the following sections—
(1) This section applies if the local planning authority think—
(a) that there has been a breach of planning control in relation to any land, and
(b) that it is expedient that the activity (or any part of the activity) which amounts to the breach is stopped immediately.
(2) The authority may issue a temporary stop notice.
(3) The notice must be in writing and must—
(a) specify the activity which the authority think amounts to the breach;
(b) prohibit the carrying on of the activity (or of so much of the activity as is specified in the notice);
(c) set out the authority’s reasons for issuing the notice.
(4) A temporary stop notice may be served on any of the following—
(a) the person who the authority think is carrying on the activity;
(b) a person who the authority think is an occupier of the land;
(c) a person who the authority think has an interest in the land.
(5) The authority must display on the land—
(a) a copy of the notice;
(b) a statement of the effect of the notice and of section 171G.
(6) A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (5).
(7) A temporary stop notice ceases to have effect—
(a) at the end of the period of 28 days starting on the day the copy notice is so displayed,
(b) at the end of such shorter period starting on that day as is specified in the notice, or
(c) if it is withdrawn by the local planning authority.
(1) A temporary stop notice does not prohibit—
(a) the use of a building as a dwelling house;
(b) the carrying out of an activity of such description or in such circumstances as is prescribed.
(2) A temporary stop notice does not prohibit the carrying out of any activity which has been carried out (whether or not continuously) for a period of four years ending with the day on which the copy of the notice is first displayed as mentioned in section 171E(6).
(3) Subsection (2) does not prevent a temporary stop notice prohibiting—
(a) activity consisting of or incidental to building, engineering, mining or other operations, or
(b) the deposit of refuse or waste materials.
(4) For the purposes of subsection (2) any period during which the activity is authorised by planning permission must be ignored.
(5) A second or subsequent temporary stop notice must not be issued in respect of the same activity unless the local planning authority has first taken some other enforcement action in relation to the breach of planning control which is constituted by the activity.
(6) In subsection (5) enforcement action includes obtaining the grant of an injunction under section 187B.
Planning and Compulsory Purchase Act 2004