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Town and Country Planning Act 1990

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SCHEDULES

Section 1.

SCHEDULE 1E+W Local Planning Authorities: Distribution of Functions

PreliminaryE+W

1(1)In this Schedule “county matter” means in relation to any application, order or notice—E+W

(a)the winning and working of minerals in, on or under land (whether by surface or underground working) or the erection of any building, plant or machinery—

(i)which it is proposed to use in connection with the winning and working of minerals or with their treatment or disposal in or on land adjoining the site of the working; or

(ii)which a person engaged in mining operations proposes to use in connection with the grading, washing, grinding or crushing of minerals;

(b)the use of land, or the erection of any building, plant or machinery on land, for the carrying out of any process for the preparation or adaptation for sale of any mineral or the manufacture of any article from a mineral where—

(i)the land forms part of or adjoins a site used or proposed to be used for the winning and working of minerals; or

(ii)the mineral is, or is proposed to be, brought to the land from a site used, or proposed to be used, for the winning and working of minerals by means of a pipeline, conveyor belt, aerial ropeway, or similar plant or machinery, or by private road, private waterway or private railway;

(c)the carrying out of searches and tests of mineral deposits or the erection of any building, plant or machinery which it is proposed to use in connection with them;

(d)the [F1depositing] of mineral waste;

(e)the use of land for any purpose required in connection with the transport by rail or water of aggregates (that is to say, any of the following, namely—

(i)sand and gravel;

(ii)crushed rock;

(iii)artificial materials of appearance similar to sand, gravel or crushed rock and manufactured or otherwise derived from iron or steel slags, pulverised fuel ash, clay or mineral waste),

or the erection of any building, plant or machinery which it is proposed to use in connection with them;

(f)the erection of any building, plant or machinery which it is proposed to use for the coating of roadstone or the production of concrete or of concrete products or artificial aggregates, where the building, plant or machinery is to be erected in or on land which forms part of or adjoins a site used or proposed to be used—

(i)for the winning and working of minerals; or

(ii)for any of the purposes mentioned in paragraph (e) above;

(g)the erection of any building, plant or machinery which it is proposed to use for the manufacture of cement;

(h)the carrying out of operations in, on, over or under land, or a use of land, where the land is or forms part of a site used or formerly used for the winning and working of minerals and where the operations or use would conflict with or prejudice compliance with a restoration condition or an aftercare condition;

(i)the carrying out of operations in, on, over or under land, or any use of land, which is situated partly in and partly outside a National Park;

(j)the carrying out of any operation which is, as respects the area in question, a prescribed operation or an operation of a prescribed class or any use which is, as respects that area, a prescribed use or use of a prescribed class.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1Words in Sch. 1 para. 1(1)(d) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 13(a) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Development plansE+W

2F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F3Sch. 1 para. 2 repealed (6.8.2004 for certain purposes, 28.9.2004 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 16(2), Sch. 9 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2004/2202, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 4)

Planning and special controlE+W

3(1)The functions of a local planning authority of determining—E+W

(a)applications for planning permission;

[F4(aa)applications for non-material changes to planning permission under section 96A;]

F5 [( b )applications for a certificate under section 191 or 192]

shall, subject to sub-paragraph (2), be exercised by the district planning authority.

(2)The functions of a local planning authority of determining any such application as is mentioned in sub-paragraph (1) which [F6relates] to a county matter shall be exercised by the county planning authority.

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The previous provisions of this paragraph shall not apply to applications relating to land in a National Park F8. . . .

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Amendments (Textual)

F4Sch. 1 para. 3(1)(aa) inserted (1.10.2009) by Planning Act 2008 (c. 29), ss. 190(6), 241 (with s. 226); S.I. 2009/2260, art. 3

F5Sch. 1 para. 3(1)(b) substituted (27.7.1992) for para. 3(1)(b)(c) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(2)(with s. 84(5)); S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

F6Word in Sch. 1 para. 3(2) substituted (25.11.1991 for certain purposes and otherwise 2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 19(2)(a), 84(2)-(4)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 3 (subject to art. 4)

F7Sch. 1 para. 3(3)-(6) omitted (25.11.1991 for certain purposes and otherwise 2.1.1992) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 19(2)(b), 84(2)-(4)(6), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 3 (subject to art. 4)

F8Words in Sch. 1 para. 3(7) repealed (6.8.2004 for certain purposes, otherwise prosp .) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 16(3), Sch. 9 (with s. 111); S.I. 2004/2097, art. 2

4F9(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)Where any [F10application for planning permission, for a certificate under section 191 or 192 or for consent to the display of advertisements under section 220, relating in each case] to land in a National Park or an application so relating for approval of a matter reserved under an outline planning permission within the meaning of section 92 falls to be determined by a [F11National Park authority]. . ., that authority shall before determining it consult with [F12any authority which (but for section 4A) would be F13. . .] the district planning authority for the area in which the land to which the application relates is situated.

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Amendments (Textual)

F9Sch. 1 para. 4(1) repealed (25.11.1991 for certain purposes, 2.1.1992 for other purposes and 6.4.1992 so far as not yet in force) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 19(2)(b), 84(6), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 3 (subject to art. 5); S.I. 1992/665, art. 2

F10Words in Sch 1 para. 4(2) substituted (2.1.1992 for certain purposes and 6.4.1992 otherwise) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(3) (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5); S.I. 1992/665, art. 2

F11Words in Sch. 1 para. 4(2) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 23(14)(a)(i) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2

F12Words in Sch. 1 para. 4(2) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 32(14)(a)(ii) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2

F13Words in Sch. 1 para. 4(2) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

5(1)The Secretary of State may include in a development order such provisions as he thinks fit enabling a local highway authority to impose restrictions on the grant by the local planning authority of planning permission for the following descriptions of development relating to land in the area of the local highway authority—E+W

(a)the formation, laying out or alteration of any means of access to a road classified under section 12(3) of the M1Highways Act 1980 or section 27 of the M2Local Government Act 1966 or to a proposed road the route of which has been adopted by resolution of the local highway authority and notified as such to the local planning authority;

(b)any other operations or use of land which appear to the local highway authority to be likely to result in a material increase in the volume of traffic entering or leaving such a classified or proposed road, to prejudice the improvement or construction of such a road or to result in a material change in the character of traffic entering, leaving or using such a road.

[F14(2)The reference to a local planning authority in sub-paragraph (1) is to be construed as including neither—

(a)a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 of the Local Government, Planning and Land Act 1980, nor

(b)a reference to a Mayoral development corporation which is the local planning authority by virtue of an order under section 198(2) of the Localism Act 2011,

and no provision of a development order which is included in it by virtue of that sub-paragraph is to be construed as applying to such a corporation.]

(3)The Secretary of State may include in a development order provision enabling a local highway authority to impose restrictions on the grant by an urban development corporation who are the local planning authority [F15, or by a Mayoral development corporation which is the local planning authority,] of planning permission for such descriptions of development as may be specified in the order.

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Amendments (Textual)

Marginal Citations

6(1)A development order may also include provision requiring a county planning authority who are determining any application mentioned in paragraph 3 and relating to a county matter, or an application for approval of a matter reserved under an outline planning permission within the meaning of section 92 and so relating, to give the district planning authority for the area in which the land to which the application relates is situated an opportunity to make recommendations to the county planning authority as to the manner in which the application is determined, and to take into account any such recommendations.E+W

(2)It may also include provision requiring a county or district planning authority who have received any application so mentioned or any application for such approval F16. . .) to notify the district or, as the case may be, county planning authority of the terms of their decision, or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.

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Amendments (Textual)

F16Words in Sch. 1 para. 6(2) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 3, Sch.

[F176A(1)This paragraph applies to the functions of local planning authorities under any of sections 61E to 61Q and Schedules 4B and 4C (neighbourhood development orders).E+W

(2)Those functions are to be exercised by a district planning authority in any area of a non-metropolitan county.]

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Amendments (Textual)

F17Sch. 1 para. 6A inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 4; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

[F187(1)A local planning authority must not determine an application for planning permission to which the consultation requirements apply unless it complies with sub-paragraph (7).E+W

(2)The consultation requirements are—

F19(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)consultation by a district planning authority with the county planning authority for their area if the development is one to which sub-paragraph (4) applies.

F20(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)This sub-paragraph applies to—

(a)a development which would materially conflict with or prejudice the implementation of a relevant county policy,

(b)a development in an area in relation to which the county planning authority have given notice in writing to the district planning authority that development is likely to affect or be affected by the winning and working of minerals, other than coal,

(c)a development of land in respect of which the county planning authority have given notice in writing to the district planning authority that they propose to carry out development,

(d)a development which would prejudice a proposed development mentioned in paragraph (c) in respect of which notice has been given as so mentioned,

(e)a development of land in relation to which the county planning authority have given notice in writing to the district planning authority that it is proposed to use the land for waste disposal, or

(f)a development which would prejudice a proposed use mentioned in paragraph (e) in respect of which notice has been given as so mentioned.

(5)The consultation requirements do not apply—

F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in respect of a development to which sub-paragraph (4) applies if the county planning authority gives a direction authorising the determination of the application without compliance with the requirements.

(6)A direction under sub-paragraph (5) may be given in respect of a particular application or a description of application.

(7)If the consultation requirements apply the local planning authority—

(a)must give notice to [F22[F23the county planning authority] that they propose to consider the application,

(b)must send a copy of the application to [F24the county planning authority] , and

(c)must not determine the application until the end of such period as is prescribed by development order beginning with the date of the giving of notice under paragraph (a).

(8)Sub-paragraph (7)(c) does not apply if before the end of the period mentioned in that sub-paragraph—

(a)the local planning authority have received representations concerning the application from [F25the county planning authority] , or

(b)[F25the county planning authority] gives notice that it does not intend to make representations.

F26(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)A relevant county policy is—

(a)a policy contained in a local development document which has been prepared in accordance with a minerals and waste scheme and submitted to the Secretary of State in pursuance of section 20(1) of the 2004 Act or adopted by the county planning authority in pursuance of section 23 of that Act, F27...

F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29[F30(11)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)The 2004 Act is the Planning and Compulsory Purchase Act 2004.]]

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Amendments (Textual)

F18Sch. 1 para. 7 substituted (6.8.2004 for certain purposes and 24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 16(4) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2005/2081, art. 2 (subject to savings in art. 4)

F19Sch. 1 para. 7(2)(a) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(a), Sch. 25 Pt. 15

F20Sch. 1 para. 7(3) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(a), Sch. 25 Pt. 15

F21Sch. 1 para. 7(5)(a) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(a), Sch. 25 Pt. 15

F23Words in Sch. 1 para. 7(7)(a) substituted (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(b)

F24Words in Sch. 1 para. 7(7)(b) substituted (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(c)

F25Words in Sch. 1 para. 7(8) substituted (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(c)

F26Sch. 1 para. 7(9) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(d), Sch. 25 Pt. 15

F27Word in Sch. 1 para. 7(10) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(q), Sch. 25 Pt. 15

F28Sch. 1 para. 7(10)(b) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(d), Sch. 25 Pt. 15

F29Sch. 1 para. 7(11) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(d), Sch. 25 Pt. 15

F31 [ 8 (1) A local planning authority who have the function of determining applications for planning permission shall, if requested to do so by the council of any parish F32 . . . situated in their area, notify the council of— E+W

(a)any relevant planning application; and

(b)any alteration to that application accepted by the authority.

(2) In sub-paragraph (1) “ a relevant planning application ” means an application which—

(a) relates to land in the parish F32 . . .; and

(b)is an application for—

(i)planning permission; or

(ii)approval of a matter reserved under an outline planning permission within the meaning of section 92.

(3)Any request made for the purposes of sub-paragraph (1) shall be in writing and state that the council wishes to be notified of all relevant applications or all applications of a description specified in the request.

(4)An authority shall comply with the duty to notify a council of an application by—

(a)sending the council a copy of the application; or

(b)indicating to the council the nature of the development which is the subject of the application and identifying the land to which it relates,

and any notification falling within paragraph (b) shall be in writing.

(5)An authority shall comply with their duty to notify a council of an alteration by—

(a)sending a copy of the alteration to the council; or

(b)informing the council in writing of its general effect,

but they need not notify a council of an alteration which in their opinion is trivial.

(6)A development order may require a local planning authority which is dealing with an application of which a council is entitled to be notified—

(a)to give the council an opportunity to make representations to them as to the manner in which the application should be determined;

(b)to take into account any such representations;

(c)to notify the council of the terms of their decision or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.]

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Amendments (Textual)

F31Sch. 1 para. 8 substituted (2.1.1992 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(5)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5); S.I. 1992/2831, art. 2 (with art. 3)

9(1)The functions of local planning authorities under the provisions of this Act relating to simplified planning zone schemes shall be exercised in non-metropolitan counties by the district planning authorities.E+W

F33(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F33Sch. 1 para. 9(2)(3) repealed (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 28, 84(6), Sch. 5 Pt. II para.3, Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3); S.I. 1992/2831, art. 2, Sch.

10Elsewhere than in a National Park, the functions of a local planning authority under section 94 shall be exercisable by the district planning authority, except that where the relevant planning permission was granted by the county planning authority, those functions, so far as relating to that permission, shall be exercisable by the county planning authority and also by the district planning authority after consulting the county planning authority.E+W

11(1)The functions of a local planning authority of—E+W

(a)making orders under section 97 revoking or modifying planning permission, or under section 102 requiring discontinuance of use, imposing conditions on continuance of use or requiring the alteration or removal of buildings or works, or

(b)issuing enforcement notices under section 172 or serving [F34planning contravention notices under section 171C or] stop notices under section 183 [F35or breach of condition notices under section 187A],

shall, subject to sub-paragraphs (2) to (4), be exercisable by the district planning authority.

(2)In a case where it appears to the district planning authority of a district in a non-metropolitan county that the functions mentioned in sub-paragraph (1) relate to county matters, they shall not exercise those functions without first consulting the county planning authority.

(3)Subject to sub-paragraph (4), in a non-metropolitan county those functions shall also be exercisable by a county planning authority in a case where it appears to that authority that they relate to a matter which should properly be considered a county matter.

(4)In relation to a matter which is a county matter by virtue of any of the provisions of paragraph 1(1)(a) to (h) the functions of a local planning authority specified in sub-paragraph (1)(b) shall only be exercisable by the county planning authority in their capacity as mineral planning authority.

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Amendments (Textual)

F34Words in Sch. 1 para. 11(1)(b) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(6) (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F35Words in Sch. 1 para. 11(1)(b) inserted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(6)(with s. 84(5)); S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

12In sections 178(1), 181(4)(b) and 190(2) to (5) any reference to the local planning authority shall be construed as a reference to the authority who issued the notice or made the order in question or, in the case of an notice issued or an order made by the Secretary of State, the authority named in the notice or order.E+W

F36 [ 12A The functions of a local planning authority under section 187B are exercisable by any body having the function of taking enforcement action in respect of the breach in question]E+W

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Amendments (Textual)

13(1)[F37In the case of any area for which there is both a district planning authority and a county planning authority, the county planning authority] may only make a tree preservation order—E+W

(a)if they make it in pursuance of section 197(b);

(b)if it relates to land which does not lie wholly within the area of a single district planning authority;

(c)if it relates to land in which the county planning authority hold an interest; F38. . .

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where a local planning authority have made a tree preservation order under section 198 or the Secretary of State has made such an order by virtue of section 202, the powers of varying or revoking the order and the powers of dispensing with section 206 or serving, or appearing on an appeal relating to, a notice under section 207 shall be exercisable only by the authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order.

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Amendments (Textual)

F37Words in Sch. 1 para. 13(1) substituted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 32(14)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2

F38Sch. 1 para. 13(d) and word “or” preceding it repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

14The functions of local planning authorities under sections 69, 211, 214, 220, 221, 224 and 225, and in non-metropolitan counties the functions under section 215, are exercisable by district planning authorities.E+W

15(1)The copy of the notice required to be served by paragraph 4(5) of Schedule 8 on a local planning authority shall, in the case of a proposal that a government department should give a direction under section 90(1) or that development should be carried out by or on behalf of a government department, be served on the local planning authority who, in the opinion of the Secretary of State, would have been responsible for dealing with an application for planning permission for the development in question if such an application had fallen to be made.E+W

(2)References in paragraphs 3(2) and 5(1) of that Schedule to the local planning authority shall be construed as references to the local planning authority on whom that copy is required to be served.

CompensationE+W

16(1)Claims for payment of compensation under section 107 (including that section as applied by section 108) and sections F39. . . 115(1) to (4), 186 and 223 shall, subject to sub-paragraph (3), be made to and paid by the local planning authority who took the action by virtue of which the claim arose or, where that action was taken by the Secretary of State, the local planning authority from whom the appeal was made to him or who referred the matter to him or, in the case of an order made or notice served by him by virtue of section 100, 104 or 185, the appropriate authority, and references in those sections to a local planning authority shall be construed accordingly.E+W

(2)In this paragraph “appropriate authority” means—

(a)in the case of a claim for compensation under section 107 or 108, the local planning authority who granted, or are to be treated for the purposes of section 107 as having granted, the planning permission the revocation or modification of which gave rise to the claim;

(b)in the case of a claim for compensation under section 115(1) to (4) or 186, the local planning authority named in the relevant order or stop notice of the Secretary of State;

(c)in the case of a claim for compensation under section 223, the district planning authority.

(3)The Secretary of State may after consultation with all the authorities concerned direct that where a local planning authority is liable to pay compensation under any of the provisions mentioned in sub-paragraph (1) in any particular case or class of case they shall be entitled to be reimbursed the whole of the compensation or such proportion of it as he may direct from one or more authorities specified in the direction.

(4)The local planning authority by whom compensation is to be paid and to whom claims for compensation are to be made under section 144(2) shall be the district planning authority.

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Amendments (Textual)

17[F40Claims for payment of compensation under a tree preservation order by virtue of section 203, and claims for payment of compensation under section 204 by virtue of directions given in pursuance of such an order, shall be made to and paid by the local planning authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order; and the reference in section 204(2) to the authority exercising functions under the tree preservation order shall have effect subject to the provisions of this paragraph.]E+W

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Amendments (Textual)

18The local planning authority by whom compensation is to be paid under section 279(1)(a) to statutory undertakers shall be the authority who referred the application for planning permission to the Secretary of State and the appropriate Minister, or from whose decision the appeal was made to them or who served the enforcement notice appealed against, as the case may be.E+W

The CrownE+W

19(1)Elsewhere than in a metropolitan county or a National Park the functions conferred by section 302 and Schedule 15 on the authority responsible for enforcing planning control shall, subject to sub-paragraph (3)—E+W

(a)in the case of works on or a use of land which in the opinion of the district planning authority relates to a county matter, be exercised by the county planning authority;

(b)in any other case be exercised by the district planning authority.

F41(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42(2A)As respects the area of any National Park for which a National Park authority is the local planning authority those functions shall be exercised by that authority.]

(3)Every application made under subsection (3) of that section to an authority responsible for enforcing planning control shall be made to the district planning authority who, in the case of an application falling to be determined by the county planning authority, shall send it on to the latter.

(4)A county planning authority determining any such application shall give the district planning authority for the area in which the land to which the application relates is situated an opportunity to make recommendations to the county planning authority as to the manner in which the application should be determined and shall take any such recommendations into account.

(5)A county or district planning authority who have dealt with any such application shall notify the district or, as the case may be, the county planning authority of the terms of their determination or, in a case where the application has been referred to the Secretary of State, the date when it was so referred.

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Amendments (Textual)

F41Sch. 1 para. 19(2) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F42Sch. 1 para. 19(2A) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 32(14)(c) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2

MiscellaneousE+W

20(1)The local planning authority whom the Secretary of State is required to consult under section [F43100(3), 104(3), 196A(3), 202(1) or 214B(6)] or serve with a notice of his proposals under section 100(4) or 104(4) shall be the county planning authority or the district planning authority, as he thinks appropriate, and references in sections 100(2), (3) and (4) and 104(2), (3) and (4) and 202 to the local planning authority shall be construed accordingly.E+W

(2)In sections 96, 182 and 185 any reference to the local planning authority shall be construed as a reference to the county planning authority or the district planning authority, as the Secretary of State thinks appropriate.

F44 [( 3 )In relation to land in the area of a joint planning board, a person entering into a planning obligation under section 106 or 299A may identify the council of the county in which the land is situated as the authority by whom the obligation is enforceable.]

(4)In paragraph 16 of Schedule 13 the reference to the local planning authority shall be construed—

F45(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to land F46[F47. . . land in an area the local planning authority for which comprises both a county planning authority and a district planning authority], as a reference to the district planning authority.

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Amendments (Textual)

F43 Words in Sch. 1 para. 20(1) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(8)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F44Sch. 1 para. 20(3) substituted (25.10.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(9)(with s. 84(5)); S.I. 1991/2272, art. 3

F45Sch. 1 para. 20(4)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F46By 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch. it is provided (1.4.1997) that the word “other” in Sch. 1 para. 20(4)(b) shall be repealed

F47Words in Sch. 1 para. 20(4)(b) substituted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 32(14)(d)(ii) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2

21(1)Subject to sub-paragraph (2), the provisions of this Schedule do not apply in Greater London.E+W

(2)Paragraph 5(3) of this Schedule applies in Greater London and paragraph 2(3) of Part I and of Part II of Schedule 2 shall apply as respects the temporary application of paragraph 7(1) of this Schedule in the metropolitan counties and in Greater London respectively.

[F48SCHEDULE 1AE+W Distribution of Local Planning Authority Functions: Wales

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Amendments (Textual)

1(1)Where a local planning authority are not the local highway authority, the Secretary of State may include in a development order such provisions as he thinks fit enabling the local highway authority to impose restrictions on the grant by the local planning authority of planning permission for the following descriptions of development relating to land in the area of the local highway authority—E+W

(a)the formation, laying out or alteration of any means of access to—

(i) a road classified under section 12(3) of the M3 Highways Act 1980 or section 27 of the M4 Local Government Act 1966; or

(ii)a proposed road the route of which has been adopted by resolution of the local highway authority and notified as such to the local planning authority;

(b)any other operations or use of land which appear to the local highway authority to be likely to—

(i)result in a material increase in the volume of traffic entering or leaving such a classified or proposed road;

(ii)prejudice the improvement or construction of such a road; or

(iii)result in a material change in the character of traffic entering, leaving or using such a road.

(2) The reference to a local planning authority in sub-paragraph (1) shall not be construed as including a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 of the M5 Local Government, Planning and Land Act 1980, and no provision of a development order which is included in it by virtue of that sub-paragraph is to be construed as applying to such a corporation.

(3)The Secretary of State may include in a development order provision enabling a local highway authority to impose restrictions on the grant by an urban development corporation who are the local planning authority of planning permission for such descriptions of development as may be specified in the order.

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Marginal Citations

2(1)A local planning authority who have the function of determining applications for planning permission shall, if requested to do so by the council for any community or group of communities situated in their area, notify that council of—E+W

(a)any relevant planning application; and

(b)any alteration to that application accepted by the authority.

(2) In sub-paragraph (1) “ relevant planning application ” means an application which—

(a)relates to land in the community or (as the case may be) one of the communities concerned; and

(b)is an application for—

(i)planning permission; or

(ii)approval of a matter reserved under an outline planning permission within the meaning of section 92.

(3)Any request made for the purposes of sub-paragraph (1) shall be in writing and shall state that the community council wishes to be notified of all relevant applications or all applications of a description specified in the request.

(4)An authority shall comply with the duty to notify a community council of an application by—

(a)sending the council a copy of the application; or

(b)indicating to the council the nature of the development which is the subject of the application and identifying the land to which it relates,

and any notification falling within paragraph (b) shall be in writing.

(5)An authority shall comply with their duty to notify a community council of an alteration by—

(a)sending a copy of the alteration to the council; or

(b)informing the council in writing of its general effect,

but they need not notify a community council of an alteration which in their opinion is trivial.

(6)A development order may require a local planning authority who are dealing with an application of which a community council is entitled to be notified—

(a)to give to the council an opportunity to make representations to them as to the manner in which the application should be determined;

(b)to take into account any such representations;

(c)to notify the council of the terms of their decision or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.

3Paragraphs 4 to 10 apply only in relation to any area for which, by virtue of any provision of or made under section 6, 7 or 8, there is more than one local planning authority.E+W

4In sections 178(1), 181(4)(b) and 190(2), (3) and (5) any reference to the local planning authority shall be construed as a reference to the authority who issued the notice or made the order in question or, in the case of a notice issued or an order made by the Secretary of State, the authority named in the notice or order.E+W

5The functions of a local planning authority under section 187B are exercisable by any body having the function of taking enforcement action in respect of the breach in question.E+W

6Where a local planning authority have made a tree preservation order under section 198 or the Secretary of State has made such an order by virtue of section 202, the powers of varying or revoking the order and the powers of dispensing with section 206 or serving, or appearing on an appeal relating to, a notice under section 207 shall be exercisable only by the authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order.E+W

7(1)The copy of the notice required to be served by paragraph 4(5) of Schedule 8 on a local planning authority shall, in the case of a proposal that a government department should give a direction under section 90(1) or that development should be carried out by or on behalf of a government department, be served on the local planning authority who, in the opinion of the Secretary of State, would have been responsible for dealing with an application for planning permission for the development in question if such an application had fallen to be made.E+W

(2)References in paragraphs 3(2) and 5(1) of that Schedule to the local planning authority shall be construed as references to the local planning authority on whom that copy is required to be served.

CompensationE+W

8(1)Claims for payment of compensation under section 107 (including that section as applied by section 108) and sections 115(1) to (4) and 186 shall, subject to sub-paragraph (3), be made to and paid by the local planning authority who took the action by virtue of which the claim arose or, where that action was taken by the Secretary of State, the local planning authority from whom the appeal was made to him or who referred the matter to him or, in the case of an order made or notice served by him by virtue of section 100, 104 or 185, the appropriate authority, and references in those sections to a local planning authority shall be construed accordingly.E+W

(2) In this paragraph “ appropriate authority ” means—

(a)in the case of a claim for compensation under section 107 or 108, the local planning authority who granted, or are to be treated for the purposes of section 107 as having granted, the planning permission the revocation or modification of which gave rise to the claim; and

(b)in the case of a claim for compensation under section 115(1) to (4) or 186, the local planning authority named in the relevant order or stop notice of the Secretary of State.

(3)The Secretary of State may, after consultation with all the authorities concerned, direct that where a local planning authority is liable to pay compensation under any of the provisions mentioned in sub-paragraph (1) in any particular case or class of case they shall be entitled to be reimbursed the whole of the compensation or such proportion of it as he may direct from one or more authorities specified in the direction.

9Claims for payment of compensation under a tree preservation order by virtue of section 203, and claims for payment of compensation under section 204 by virtue of directions given in pursuance of such an order, shall be made to and paid by the local planning authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order; and the reference in section 204(2) to the authority exercising functions under the tree preservation order shall have effect subject to the provisions of this paragraph.E+W

10The local planning authority by whom compensation is to be paid under section 279(1)(a) to statutory undertakers shall be the authority who referred the application for planning permission to the Secretary of State and the appropriate Minister, or from whose decision the appeal was made to them or who served the enforcement notice appealed against, as the case may be.E+W

MiscellaneousE+W

11In relation to land in the area of a joint planning board, a person entering into a planning obligation under section 106 or 299A may identify the council of the county or county borough in which the land is situated as the authority by whom the obligation is enforceable.]E+W

Sections 28 and 54.

SCHEDULE 2E+W Development Plans: Transitional Provisions

F49F49Part IE+W The Metropolitan Counties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F49Sch. 2 Pts. 1, 2, 3 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 17, Sch. 9 (with s. 111)

Modifications etc. (not altering text)

C1Sch. 2 Pt. I applied (with modifications) (temp. from 1.5.1994) by S.I. 1994/1210, art. 7(3)(a)

Sch. 2 Pt. I applied (with modifications) (temp. from 1.4.1998) by S.I. 1996/1863, art. 4(4)(a)

Sch. 2 Pt. I applied (with modifications) (temp. from 1.4.1998) by S.I. 1996/1867, art. 13(4)(a)

Sch. 2 Pt. I applied (with modifications) (temp. from 1.4.1998) by S.I. 1996/1875, art. 5(6)(a)

F52[Part IAE+W Wales

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Amendments (Textual)

Continuation of structure, local and old development plansE+W

1(1)Every existing plan which relates to any part of Wales shall continue in force on and after 1st April 1996.E+W

(2)When a unitary development plan has become fully operative for the area of a local planning authority in Wales—

(a)any existing plan which is for the time being in force; and

(b)any interim plan,

shall cease to have effect in respect of its plan area to the extent that it is comprised in the area of that local planning authority.

(3)Any existing plan or interim plan shall, while it continues in force in respect of the area, or part of the area, of any local planning authority in Wales, be treated for the purposes of—

(a)this Act,

(b)any other enactment relating to town and country planning,

(c) the M6 Land Compensation Act 1961, and

(d) the M7 Highways Act 1980,

as being, or as being comprised in, the development plan in respect of that area or, as the case may be, that part of that area.

(4)Sub-paragraphs (1) to (3) have effect subject to the provisions of this Part of this Schedule and the 1994 Act transitional provisions.

(5)In this paragraph—

  • the 1994 Act transitional provisions ” means the provisions of Part III of Schedule 5 to the Local Government (Wales) Act 1994;

  • existing plan ” means a—

    (a)

    structure plan;

    (b)

    local plan; or

    (c)

    old development plan,

    to the extent that it was in force in respect of any area in Wales immediately before 1st April 1996 (and includes any alteration made to, or replacement of, the plan after that date under the 1994 Act transitional provisions);

  • interim plan ” means any modified plan (within the meaning of the 1994 Act transitional provisions) which comes into force in respect of any area in Wales on or after 1st April 1996 under those provisions;

  • old development plan ” means any plan which was in force immediately before 1st April 1996 by virtue of Schedule 7 to the M8 Town and Country Planning Act 1971 and Part III of this Schedule; and

  • plan area ”, in relation to an existing plan or interim plan, means the area in respect of which it was in force immediately before 1st April 1996 or, as the case may be, comes into force on or after that date.

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Marginal Citations

Revocation of structure planE+W

2(1) Where under Chapter I of Part II of this Act the Secretary of State approves all or any of Part I of a unitary development plan for the whole or part of the area of a local planning authority in Wales (“ the relevant whole or part area ”), he may by order— E+W

(a)wholly or partly revoke an existing plan which is a structure plan in respect of the plan area, to the extent that it is comprised in the relevant whole or part area or any part of it; and

(b)make such consequential amendments to that existing plan as appear to him to be necessary or expedient.

(2)Before making an order under this paragraph, the Secretary of State shall consult the local planning authority for the area to which the unitary development plan relates.

Incorporation of current policy in unitary development planE+W

3(1)This paragraph applies where—E+W

(a)a unitary development plan is being prepared for the area of a local planning authority in Wales;

(b)the local planning authority preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy;

(c)one or more local plans is or, as the case may be, are together in force throughout the policy area; and

(d)a local inquiry or other hearing is held for the purpose of considering any objection to the plan.

(2)The person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—

(a)the objection is to a policy identified in the statement published under sub-paragraph (1)(b);

(b)the policy so identified is an existing policy; and

(c)there has been no significant change in circumstances affecting the existing policy since it first formed part of any plan mentioned in sub-paragraph (1)(c).

(3)In this paragraph—

  • existing policy ” means a policy the substance of which (however expressed) was contained in the local plan or local plans mentioned in sub-paragraph (1)(c);

  • policy ” includes a proposal; and

  • policy area ” means so much of the area of the local planning authority to which the policy concerned relates.

Meaning of ”local plan”E+W

4 In this Part of this Schedule, “ local plan ” includes— E+W

(a)a minerals local plan;

(b)a waste local plan;

(c) a local plan adopted or approved before the commencement of Part I of Schedule 4 to the M9 Planning and Compensation Act 1991 or under Part III of that Schedule. ]

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Marginal Citations

F53F53Part IIE+W Greater London

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Amendments (Textual)

F53Sch. 2 Pts. 1, 2, 3 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 17, Sch. 9 (with s. 111)

F68F68Part IIIE+W Old Development Plans

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Amendments (Textual)

F68Sch. 2 Pts. 1, 2, 3 repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 17, Sch. 9 (with s. 111)

Modifications etc. (not altering text)

C2Sch. 2 Pt. III applied (temp. from 1.5.1994) by S.I. 1994/1210, art. 7(3)

Sch. 2 Pt. III applied (temp. from 1.4.1998) by S.I. 1996/1863, art. 4(4)(b)

Sch. 2 Pt. III applied (temp. from 1.4.1998) by S.I. 1996/1867, art. 13(4)(b)

Sch. 2 Pt. III applied (temp. from 1.4.1998) by S.I. 1996/1875, art. 5(6)(b)

Sections 55, 107 and 114.

SCHEDULE 3E+W Development Not Constituting New Development

Part IE+W Development Not Ranking For Compensation Under s. 114

1The carrying out of—E+W

(a)the rebuilding, as often as occasion may require, of any building which was in existence on 1st July 1948, or of any building which was in existence before that date but was destroyed or demolished after 7th January 1937, including the making good of war damage sustained by any such building;

(b)the rebuilding, as often as occasion may require, of any building erected after 1st July 1948 which was in existence at a material date;

(c)the carrying out for the maintenance, improvement or other alteration of any building, of works which—

(i)affect only the interior of the building, or do not materially affect the external appearance of the building, and

(ii)are works for making good war damage,

so long as the cubic content of the original building is not substantially exceeded.

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Modifications etc. (not altering text)

2The use as two or more separate dwellinghouses of any building which at a material date was used as a single dwellinghouse.E+W

Part IIE+W Development ranking for compensation under s. 114

F693. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F704. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F715. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F726. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F72Sch. 3 paras. 3-8 repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31, 84(6), Sch.6 para. 40(1), Sch. 19 Pt.II(with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F748. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Part IIIE+W Supplementary Provisions

9Where after 1st July 1948—E+W

(a)any buildings or works have been erected or constructed, or any use of land has been instituted, and

(b)any condition imposed under Part III of this Act, limiting the period for which those buildings or works may be retained, or that use may be continued, has effect in relation to those buildings or works or that use,

this Schedule shall not operate except as respects the period specified in that condition.

10(1)Any reference in this Schedule to the cubic content of a building shall be construed as a reference to that content as ascertained by external measurement.E+W

(2)For the purposes of [F75paragraph 1] the cubic content of a building is substantially increased or exceeded—

(a)in the case of a dwellinghouse, if it is increased or exceeded by more than one-tenth or 1,750 cubic feet, whichever is the greater; and

(b)in any other case, if it is increased or exceeded by more than one-tenth.

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Amendments (Textual)

F75Words in Sch. 3 para. 10(2) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31, 84(5), Sch. 6 para. 40(2) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F7611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

12(1)In this Schedule “at a material date” means at either—E+W

(a)1st July 1948; or

(b)the date by reference to which this Schedule falls to be applied in the particular case in question.

(2)Sub-paragraph (1)(b) shall not apply in relation to any buildings, works or use of land in respect of which, whether before or after the date mentioned in that sub-paragraph, an enforcement notice served before that date has become or becomes effective.

13(1)In relation to a building erected after 1st July 1948 which results from the carrying out of any such works as are described in paragraph 1, any reference in this Schedule to the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works.E+W

F77 [( 2 )This paragraph does not apply for the purposes of sections 111 and 138.]

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Amendments (Textual)

F7814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Section 57(7).

SCHEDULE 4E+W Special provisions as to land use in 1948

1Where on lst July 1948 land was being temporarily used for a purpose other than the purpose for which it was normally used, planning permission is not required for the resumption of the use of the land for the latter purpose before 6th December 1968.E+W

2Where on 1st July 1948 land was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for another purpose, planning permission is not required in respect of the use of the land for that other purpose on similar occasions on or after 6th December 1968 if the land has been used for that other purpose on at least one similar occasion since 1st July 1948 and before the beginning of 1968.E+W

3Where land was unoccupied on 1st July 1948, but had before that date been occupied at some time on or after 7th January 1937, planning permission is not required in respect of any use of the land begun before 6th December 1968 for the purpose for which the land was last used before 1st July 1948.E+W

4Notwithstanding anything in paragraphs 1 to 3, the use of land as a caravan site shall not, by virtue of any of those paragraphs, be treated as a use for which planning permission is not required, unless the land was so used on one occasion at least during the period of two years ending with 9th March 1960.E+W

[F79SCHEDULE 4AE+WLocal development orders: procedure

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Amendments (Textual)

F79Sch. 4A inserted (6.8.2004 for certain purposes and 10.5.2006 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 40, 121, Sch. 1 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2

PreparationE+W

1(1)A local development order must be prepared in accordance with such procedure as is prescribed by a development order.E+W

(2)A development order may include provision as to—

(a)the preparation, submission, approval, adoption, revision, revocation and withdrawal of a local development order;

(b)notice, publicity, and inspection by the public;

(c)consultation with and consideration of views of such persons and for such purposes as are prescribed;

(d)the making and consideration of representations.

(3)Regulations under this paragraph may include provision as to the matters relating to a local development order to be included in the report to be made by a local planning authority under section 35 or 76 of the Planning and Compulsory Purchase Act 2004.

RevisionE+W

2(1)The local planning authority may at any time prepare a revision of a local development order.E+W

(2)An authority in England must prepare a revision of a local development order—

(a)if the Secretary of State directs them to do so, and

(b)in accordance with such timetable as he directs.

(3)An authority in Wales must prepare a revision of a local development order—

(a)if the National Assembly for Wales directs them to do so, and

(b)in accordance with such timetable as it directs.

(4)[F80If a development plan document mentioned in section 61A(1) is revised under section 26 of the Planning and Compulsory Purchase Act 2004 (revision of local planning documents) or revoked under section 25 of that Act (revocation by Secretary of State) a local development order made to implement the policies in the document must be revised accordingly.]

(5)[F80If a local development plan mentioned in section 61A(1) is revised under section 70 of the Planning and Compulsory Purchase Act 2004 (revision of local development plan) or revoked under section 68 of that Act (revocation by National Assembly for Wales) a local development order made to implement the policies in the plan must be revised accordingly.]

(6)This Schedule applies to the revision of a local development order as it applies to the preparation of the order.

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Amendments (Textual)

F80Sch. 4A para. 2(4)(5) repealed (23.6.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 188(4), 238, 241, Sch. 13 (with s. 226); S.I. 2009/1303, art. 2, Sch.

Order to be adoptedE+W

3A local development order is of no effect unless it is adopted by resolution of the local planning authority.E+W

Annual reportE+W

4(1)The report made under section 35 of the Planning and Compulsory Purchase Act 2004 must include a report as to the extent to which the local development order is achieving its purposes.E+W

(2)The Secretary of State may prescribe the form and content of the report as it relates to the local development order.

Annual reportE+W

5(1)The report made under section 76 of the Planning and Compulsory Purchase Act 2004 must include a report as to the extent to which the local development order is achieving its purposes.E+W

(2)The National Assembly for Wales may prescribe the form and content of the report as it relates to the local development order.]

Section 61E

[F81SCHEDULE 4BE+WProcess for making of neighbourhood development orders

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Amendments (Textual)

F81Sch. 4B inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 116(2), 240(2)(5)(j), Sch. 10; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

Modifications etc. (not altering text)

C4Sch. 4B applied (with modifications) by 2004 c. 5, ss. 38A(3), 38C(5) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

Proposals for neighbourhood development ordersE+W

1(1)A qualifying body is entitled to submit a proposal to a local planning authority for the making of a neighbourhood development order by the authority in relation to a neighbourhood area within the area of the authority.E+W

(2)The proposal must be accompanied by—

(a)a draft of the order, and

(b)a statement which contains a summary of the proposals and sets out the reasons why an order should be made in the proposed terms.

(3)The proposal must—

(a)be made in the prescribed form, and

(b)be accompanied by other documents and information of a prescribed description.

(4)The qualifying body must send to prescribed persons a copy of—

(a)the proposal,

(b)the draft neighbourhood development order, and

(c)such of the other documents and information accompanying the proposal as may be prescribed.

(5)The Secretary of State may publish a document setting standards for—

(a)the preparation of a draft neighbourhood development order and other documents accompanying the proposal,

(b)the coverage in any document accompanying the proposal of a matter falling to be dealt with in it, and

(c)all or any of the collection, sources, verification, processing and presentation of information accompanying the proposal.

(6)The documents and information accompanying the proposal (including the draft neighbourhood development order) must comply with those standards.

2(1)A qualifying body may withdraw a proposal at any time before the local planning authority make a decision under paragraph 12.E+W

(2)If—

(a)a proposal by a qualifying body is made by an organisation or body designated as a neighbourhood forum, and

(b)the designation is withdrawn at any time before the proposal is submitted for independent examination under paragraph 7,

the proposal is to be treated as withdrawn by the qualifying body at that time.

(3)If the withdrawal of the designation occurs after the proposal is submitted for independent examination under that paragraph, the withdrawal is not to affect the validity of the proposal.

Advice and assistance in connection with proposalsE+W

3(1)A local planning authority must give such advice or assistance to qualifying bodies as, in all the circumstances, they consider appropriate for the purpose of, or in connection with, facilitating the making of proposals for neighbourhood development orders in relation to neighbourhood areas within their area.E+W

(2)Nothing in this paragraph is to be read as requiring the giving of financial assistance.

Requirements to be complied with before proposals made or consideredE+W

4(1)Regulations may make provision as to requirements that must be complied with before proposals for a neighbourhood development order may be submitted to a local planning authority or fall to be considered by a local planning authority.E+W

(2)The regulations may in particular make provision—

(a)as to the giving of notice and publicity,

(b)as to the information and documents that are to be made available to the public,

(c)as to the making of reasonable charges for anything provided as a result of the regulations,

(d)as to consultation with and participation by the public,

(e)as to the making and consideration of representations (including the time by which they must be made),

(f)requiring prescribed steps to be taken before a proposal of a prescribed description falls to be considered by a local planning authority, and

(g)conferring powers or imposing duties on local planning authorities, the Secretary of State or other public authorities.

(3)The power to make regulations under this paragraph must be exercised to secure that—

(a)prescribed requirements as to consultation with and participation by the public must be complied with before a proposal for a neighbourhood development order may be submitted to a local planning authority, and

(b)a statement containing the following information in relation to that consultation and participation must accompany the proposal submitted to the authority—

(i)details of those consulted,

(ii)a summary of the main issues raised, and

(iii)any other information of a prescribed description.

Consideration of proposals by authorityE+W

5(1)A local planning authority may decline to consider a proposal submitted to them if they consider that it is a repeat proposal.E+W

(2)A proposal (“the proposal in question”) is a “repeat” proposal for the purposes of this paragraph if it meets conditions A and B.

(3)Condition A is that in the period of two years ending with the date on which the proposal in question is received—

(a)the authority have refused a proposal under paragraph 12 or section 61E(8) that is the same as or similar to the proposal in question, or

(b)a referendum on an order relating to a proposal under this Schedule that is the same as or similar to the proposal in question has been held under this Schedule and half or less than half of those voting voted in favour of the order.

(4)Condition B is that the local planning authority consider that there has been no significant change in relevant considerations since the refusal of the proposal or the holding of the referendum.

(5) For the purposes of this paragraph “ relevant considerations ” means—

(a)national policies and advice contained in guidance issued by the Secretary of State that are relevant to the draft neighbourhood development order to which the proposal in question relates, and

(b)the strategic policies contained in the development plan for the area of the authority (or any part of that area).

(6)If the authority decline to consider the proposal, they must notify the qualifying body of that fact and of their reasons for declining to consider it.

6(1)This paragraph applies if—E+W

(a)a proposal has been made to a local planning authority, and

(b)the authority have not exercised their powers under paragraph 5 to decline to consider it.

(2)The authority must consider—

(a)whether the qualifying body is authorised for the purposes of a neighbourhood development order to act in relation to the neighbourhood area concerned as a result of section 61F,

(b)whether the proposal by the body complies with provision made by or under that section,

(c)whether the proposal and the documents and information accompanying it (including the draft neighbourhood development order) comply with provision made by or under paragraph 1, and

(d)whether the body has complied with the requirements of regulations made under paragraph 4 imposed on it in relation to the proposal.

(3)The authority must also consider whether the draft neighbourhood development order complies with the provision made by or under sections 61E(2), 61J and 61L.

(4)The authority must—

(a)notify the qualifying body as to whether or not they are satisfied that the matters mentioned in sub-paragraphs (2) and (3) have been met or complied with, and

(b)in any case where they are not so satisfied, refuse the proposal and notify the body of their reasons for refusing it.

Independent examinationE+W

7(1)This paragraph applies if—E+W

(a)a local planning authority have considered the matters mentioned in paragraph 6(2) and (3), and

(b)they are satisfied that the matters mentioned there have been met or complied with.

(2)The authority must submit for independent examination—

(a)the draft neighbourhood development order, and

(b)such other documents as may be prescribed.

(3)The authority must make such arrangements as they consider appropriate in connection with the holding of the examination.

(4)The authority may appoint a person to carry out the examination, but only if the qualifying body consents to the appointment.

(5)If—

(a)it appears to the Secretary of State that no person may be appointed under sub-paragraph (4), and

(b)the Secretary of State considers that it is expedient for an appointment to be made under this sub-paragraph,

the Secretary of State may appoint a person to carry out the examination.

(6)The person appointed must be someone who, in the opinion of the person making the appointment—

(a)is independent of the qualifying body and the authority,

(b)does not have an interest in any land that may be affected by the draft order, and

(c)has appropriate qualifications and experience.

(7)The Secretary of State or another local planning authority may enter into arrangements with the authority for the provision of the services of any of their employees as examiners.

(8)Those arrangements may include—

(a)provision requiring payments to be made by the authority to the Secretary of State or other local planning authority, and

(b)other provision in relation to those payments and other financial matters.

8(1)The examiner must consider the following—E+W

(a)whether the draft neighbourhood development order meets the basic conditions (see sub-paragraph (2)),

(b)whether the draft order complies with the provision made by or under sections 61E(2), 61J and 61L,

(c)whether any period specified under section 61L(2)(b) or (5) is appropriate,

(d)whether the area for any referendum should extend beyond the neighbourhood area to which the draft order relates, and

(e)such other matters as may be prescribed.

(2)A draft order meets the basic conditions if—

(a)having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the order,

(b)having special regard to the desirability of preserving any listed building or its setting or any features of special architectural or historic interest that it possesses, it is appropriate to make the order,

(c)having special regard to the desirability of preserving or enhancing the character or appearance of any conservation area, it is appropriate to make the order,

(d)the making of the order contributes to the achievement of sustainable development,

(e)the making of the order is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area),

(f) the making of the order does not breach, and is otherwise compatible with, EU obligations, and

(g)prescribed conditions are met in relation to the order and prescribed matters have been complied with in connection with the proposal for the order.

(3)Sub-paragraph (2)(b) applies in relation to a listed building only in so far as the order grants planning permission for development that affects the building or its setting.

(4)Sub-paragraph (2)(c) applies in relation to a conservation area only in so far as the order grants planning permission for development in relation to buildings or other land in the area.

(5) In this paragraph “ listed building ” has the same meaning as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

(6)The examiner is not to consider any matter that does not fall within sub-paragraph (1) (apart from considering whether the draft order is compatible with the Convention rights).

9(1)The general rule is that the examination of the issues by the examiner is to take the form of the consideration of written representations.E+W

(2)But the examiner must cause a hearing to be held for the purpose of receiving oral representations about a particular issue at the hearing—

(a)in any case where the examiner considers that the consideration of oral representations is necessary to ensure adequate examination of the issue or a person has a fair chance to put a case, or

(b)in such other cases as may be prescribed.

(3)The following persons are entitled to make oral representations about the issue at the hearing—

(a)the qualifying body,

(b)the local planning authority,

(c)where the hearing is held to give a person a fair chance to put a case, that person, and

(d)such other persons as may be prescribed.

(4)The hearing must be in public.

(5)It is for the examiner to decide how the hearing is to be conducted, including—

(a)whether a person making oral representations may be questioned by another person and, if so, the matters to which the questioning may relate, and

(b)the amount of time for the making of a person's oral representations or for any questioning by another person.

(6)In making decisions about the questioning of a person's oral representations by another, the examiner must apply the principle that the questioning should be done by the examiner except where the examiner considers that questioning by another is necessary to ensure—

(a)adequate examination of a particular issue, or

(b)a person has a fair chance to put a case.

(7)Sub-paragraph (5) is subject to regulations under paragraph 11.

10(1)The examiner must make a report on the draft order containing recommendations in accordance with this paragraph (and no other recommendations).E+W

(2)The report must recommend either—

(a)that the draft order is submitted to a referendum, or

(b)that modifications specified in the report are made to the draft order and that the draft order as modified is submitted to a referendum, or

(c)that the proposal for the order is refused.

(3)The only modifications that may be recommended are—

(a)modifications that the examiner considers need to be made to secure that the draft order meets the basic conditions mentioned in paragraph 8(2),

(b)modifications that the examiner considers need to be made to secure that the draft order is compatible with the Convention rights,

(c)modifications that the examiner considers need to be made to secure that the draft order complies with the provision made by or under sections 61E(2), 61J and 61L,

(d)modifications specifying a period under section 61L(2)(b) or (5), and

(e)modifications for the purpose of correcting errors.

(4)The report may not recommend that an order (with or without modifications) is submitted to a referendum if the examiner considers that the order does not—

(a)meet the basic conditions mentioned in paragraph 8(2), or

(b)comply with the provision made by or under sections 61E(2), 61J and 61L.

(5)If the report recommends that an order (with or without modifications) is submitted to a referendum, the report must also make—

(a)a recommendation as to whether the area for the referendum should extend beyond the neighbourhood area to which the order relates, and

(b)if a recommendation is made for an extended area, a recommendation as to what the extended area should be.

(6)The report must—

(a)give reasons for each of its recommendations, and

(b)contain a summary of its main findings.

(7)The examiner must send a copy of the report to the qualifying body and the local planning authority.

(8)The local planning authority must then arrange for the publication of the report in such manner as may be prescribed.

11(1)Regulations may make provision in connection with examinations under paragraph 7.E+W

(2)The regulations may in particular make provision as to—

(a)the giving of notice and publicity in connection with an examination,

(b)the information and documents relating to an examination that are to be made available to the public,

(c)the making of reasonable charges for anything provided as a result of the regulations,

(d)the making of written or oral representations in relation to draft neighbourhood development orders (including the time by which written representations must be made),

(e)the written representations which are to be, or which may be or may not be, considered at an examination,

(f)the refusal to allow oral representations of a prescribed description to be made at a hearing,

(g)the procedure to be followed at an examination (including the procedure to be followed at a hearing),

(h)the payment by a local planning authority of remuneration and expenses of the examiner, and

(i)the award of costs by the examiner.

Consideration by authority of recommendations made by examiner etc E+W

12(1)This paragraph applies if an examiner has made a report under paragraph 10.E+W

(2)The local planning authority must—

(a)consider each of the recommendations made by the report (and the reasons for them), and

(b)decide what action to take in response to each recommendation.

(3)The authority must also consider such other matters as may be prescribed.

(4)If the authority are satisfied—

(a)that the draft order meets the basic conditions mentioned in paragraph 8(2), is compatible with the Convention rights and complies with the provision made by or under sections 61E(2), 61J and 61L, or

(b)that the draft order would meet those conditions, be compatible with those rights and comply with that provision if modifications were made to the draft order (whether or not recommended by the examiner),

a referendum in accordance with paragraph 14, and (if applicable) an additional referendum in accordance with paragraph 15, must be held on the making by the authority of a neighbourhood development order.

(5)The order on which the referendum is (or referendums are) to be held is the draft order subject to such modifications (if any) as the authority consider appropriate.

(6)The only modifications that the authority may make are—

(a)modifications that the authority consider need to be made to secure that the draft order meets the basic conditions mentioned in paragraph 8(2),

(b)modifications that the authority consider need to be made to secure that the draft order is compatible with the Convention rights,

(c)modifications that the authority consider need to be made to secure that the draft order complies with the provision made by or under sections 61E(2), 61J and 61L,

(d)modifications specifying a period under section 61L(2)(b) or (5), and

(e)modifications for the purpose of correcting errors.

(7)The area in which the referendum is (or referendums are) to take place must, as a minimum, be the neighbourhood area to which the proposed order relates.

(8)If the authority consider it appropriate to do so, they may extend the area in which the referendum is (or referendums are) to take place to include other areas (whether or not those areas fall wholly or partly outside the authority's area).

(9)If the authority decide to extend the area in which the referendum is (or referendums are) to take place, they must publish a map of that area.

(10)In any case where the authority are not satisfied as mentioned in sub-paragraph (4), they must refuse the proposal.

(11)The authority must publish in such manner as may be prescribed—

(a)the decisions they make under this paragraph,

(b)their reasons for making those decisions, and

(c)such other matters relating to those decisions as may be prescribed.

(12)The authority must send a copy of the matters required to be published to—

(a)the qualifying body, and

(b)such other persons as may be prescribed.

13(1)If—E+W

(a)the local planning authority propose to make a decision which differs from that recommended by the examiner, and

(b)the reason for the difference is (wholly or partly) as a result of new evidence or a new fact or a different view taken by the authority as to a particular fact,

the authority must notify prescribed persons of their proposed decision (and the reason for it) and invite representations.

(2)If the authority consider it appropriate to do so, they may refer the issue to independent examination.

(3)Regulations may make provision about examinations under this paragraph (and the regulations may include any provision of a kind mentioned in paragraph 11(2)).

(4)This paragraph does not apply in relation to recommendations in relation to the area in which a referendum is to take place.

ReferendumE+W

14(1)This paragraph makes provision in relation to a referendum that, as a result of paragraph 12(4), must be held on the making of a neighbourhood development order.E+W

(2)A relevant council must make arrangements for the referendum to take place in so much of their area as falls within the area (“the referendum area”) in which the referendum is to take place (as determined under paragraph 12(7) and (8)).

(3) A “ relevant council ” means—

(a)a district council,

(b)a London borough council,

(c)a metropolitan district council, or

(d)a county council in relation to any area in England for which there is no district council.

(4)A person is entitled to vote in the referendum if on the prescribed date—

(a)the person is entitled to vote in an election of any councillors of a relevant council any of whose area is in the referendum area, and

(b)the person's qualifying address for the election is in the referendum area.

(5)Sub-paragraph (4) does not apply in relation to so much of the referendum area as falls within the City of London.

(6)In that case a person is entitled to vote in the referendum if on the prescribed date—

(a)the person is entitled to vote in an Authority election, and

(b)the person's qualifying address for the election is in the City of London.

(7)For the purposes of this paragraph—

(a)Authority election ” has the same meaning as in the Representation of the People Act 1983 (see section 203(1)),

(b)the Inner Temple and the Middle Temple are to be treated as forming part of the City of London, and

(c)qualifying address ” has the same meaning as in the Representation of the People Act 1983 (see section 9).

15(1)The additional referendum mentioned in paragraph 12(4) must be held on the making of a neighbourhood development order if the draft order relates to a neighbourhood area that has been designated as a business area under section 61H.E+W

(2)Sub-paragraph (2) of paragraph 14 is to apply in relation to the additional referendum as it applies in relation to a referendum under that paragraph.

(3)A person is entitled to vote in the additional referendum if on the prescribed date—

(a)the person is a non-domestic ratepayer in the referendum area, or

(b)the person meets such other conditions as may be prescribed.

(4)Non-domestic ratepayer ” has the same meaning as in Part 4 of the Local Government Act 2003 (see section 59(1)).

(5)Regulations may make provision for excluding a person's entitlement to vote in the additional referendum.

16(1)Regulations may make provision about referendums held under paragraph 14 or 15.E+W

(2)The regulations may in particular make provision—

(a)dealing with any case where there are two or more relevant councils any of whose areas fall within the referendum area,

(b)for only one relevant council to be subject to the duty to make arrangements for the referendum in a case within paragraph (a),

(c)prescribing a date by which the referendum must be held or before which it cannot be held,

(d)as to the question to be asked in the referendum and any explanatory material in relation to that question (including provision conferring power on a local planning authority to set the question and provide that material),

(e)as to the publicity to be given in connection with the referendum,

(f)about the limitation of expenditure in connection with the referendum,

(g)as to the conduct of the referendum,

(h)as to when, where and how voting in the referendum is to take place,

(i)as to how the votes cast are to be counted,

(j)about certification as to the number of persons voting in the referendum and as to the number of those persons voting in favour of a neighbourhood development order, and

(k)about the combination of polls at a referendum held under paragraph 14 or 15 with polls at another referendum or at any election.

(3)The regulations may apply or incorporate, with or without modifications, any provision made by or under any enactment relating to elections or referendums.

(4)But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that provision.

(5)Before making the regulations, the Secretary of State must consult the Electoral Commission.

(6) In this paragraph “ enactment ” means an enactment, whenever passed or made.

InterpretationE+W

17In this Schedule—E+W

  • the Convention rights ” has the same meaning as in the Human Rights Act 1998, and

  • “development plan”—

    (a)

    includes a development plan for the purposes of paragraph 1 of Schedule 8 to the Planning and Compulsory Purchase Act 2004 (transitional provisions), but

    (b)

    does not include so much of a development plan as consists of a neighbourhood development plan under section 38A of that Act.]

Section 61Q

[F82SCHEDULE 4CE+WCommunity right to build orders

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Amendments (Textual)

F82Sch. 4C inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 116(3), 240(2)(5)(j), Sch. 11; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

IntroductionE+W

1(1)This Schedule makes special provision about a particular type of neighbourhood development order, which is to be known as a “community right to build order”.E+W

(2)In their application to community right to build orders, the provisions of this Act relating to neighbourhood development orders have effect subject to the provision made by or under this Schedule.

(3)In its application to community organisations, section 61G (meaning of “neighbourhood area”) has effect subject to the provision made by this Schedule.

Meaning of “community right to build order”E+W

2(1)A neighbourhood development order is a community right to build order if—E+W

(a)the order is made pursuant to a proposal made by a community organisation,

(b)the order grants planning permission for specified development in relation to a specified site in the specified neighbourhood area, and

(c)the specified development does not exceed prescribed limits.

(2)Regulations under sub-paragraph (1)(c) may prescribe a limit by reference to—

(a)the area in which the development is to take place,

(b)the number or type of operations or uses of land constituting the development, or

(c)any other factor.

(3) In this paragraph “ specified ” means specified in the community right to build order.

Meaning of “community organisation”E+W

3(1)For the purposes of this Schedule a “community organisation” is a body corporate—E+W

(a)which is established for the express purpose of furthering the social, economic and environmental well-being of individuals living, or wanting to live, in a particular area, and

(b)which meets such other conditions in relation to its establishment or constitution as may be prescribed.

(2)Regulations under sub-paragraph (1)(b) may make provision in relation to—

(a)the distribution of profits made by the body to its members,

(b)the distribution of the assets of the body (in the event of its winding up or in any other circumstances),

(c)the membership of the body, and

(d)the control of the body (whether by the exercise of voting rights or otherwise).

Proposals by community organisations for community right to build ordersE+W

4(1)A community organisation is authorised for the purposes of a community right to build order to act in relation to a neighbourhood area (whether or not any part of the neighbourhood area falls within the area of a parish council) if—E+W

(a)the area mentioned in paragraph 3(1)(a) consists of or includes the neighbourhood area, and

(b)at the time the proposal for the order is made more than half of the members of the organisation live in the neighbourhood area.

(2)Accordingly, the community organisation is in that case to be regarded as a qualifying body for the purposes of section 61E.

(3)Nothing in section 61F is to apply in relation to community right to build orders except subsections (12)(a) and (13)(d) of that section.

(4)In particular, the reference in section 61F(10) to a neighbourhood development order is not to include a reference to a community right to build order (in a case where a community organisation is also a neighbourhood forum).

(5)But a local planning authority may decline to consider a proposal for a community right to build order or other neighbourhood development order if—

(a)another proposal has been made for a community right to build order or other neighbourhood development order,

(b)the other proposal is outstanding, and

(c)the authority consider that the development and site to which the proposals relate are the same or substantially the same.

(6)If the authority decline to consider the proposal, they must notify the person making the proposal of that fact and of their reasons for declining to consider it.

(7)A proposal for a community right to build order must state that the proposal is for such an order.

5(1)A community organisation is to be regarded as a relevant body for the purposes of section 61G if—E+W

(a)the area specified in the application made by the organisation consists of or includes the area mentioned in paragraph 3(1)(a), and

(b)at the time the application is made more than half of the members of the organisation live in the area specified in the application.

(2)The application made by the community organisation may specify any area within the local planning authority's area, irrespective of whether or not any part of the specified area falls within the area of a parish council.

(3)This paragraph applies only if the application by the community organisation under section 61G is made in connection with a proposal (or an anticipated proposal) for a community right to build order.

Development likely to have significant effects on environment etc E+W

6(1)A local planning authority must decline to consider a proposal for a community right to build order if they consider that—E+W

(a) the specified development falls within Annex 2 to the EIA directive and is likely to have significant effects on the environment by virtue of factors such as its nature, size or location, or

(b)the specified development is likely to have significant effects on a qualifying European site (whether alone or in combination with other plans or projects) and is not directly connected with or necessary to the management of that site.

(2) In determining whether or not the specified development is within sub-paragraph (1)(a), the authority must take into account any relevant criteria mentioned in Annex 3 to the EIA directive.

(3)If the authority decline to consider the proposal as a result of sub-paragraph (1), they must notify the community organisation making the proposal of that fact and of their reasons for declining to consider it.

(4)Regulations may make provision requiring the publication of any decisions made by a local planning authority under this paragraph.

(5)In this paragraph—

  • the EIA directive ” means Council Directive 85/337/ EEC on the assessment of the effects of certain public and private projects on the environment (as amended from time to time),

  • qualifying European site ” means—

    (a)

    a European offshore marine site within the meaning of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007, or

    (b)

    a European site within the meaning of the Conservation of Habitats and Species Regulations 2010, and

  • specified ” means specified in the community right to build order.

Examination of proposals for community right to build orders etc E+W

7The provisions of Schedule 4B have effect in relation to community right to build orders with the following modifications.E+W

8Any reference in that Schedule to section 61E(2) includes a reference to paragraph 2 of this Schedule.E+W

9Any reference in that Schedule to section 61F includes a reference to paragraph 4 of this Schedule.E+W

10(1)The provision made by sub-paragraphs (2) to (5) of this paragraph is to have effect instead of paragraph 12(4) to (6) and (10) of that Schedule.E+W

(2)If the examiner's report recommends that the draft order is refused, the authority must refuse the proposal.

(3)If the examiner's report recommends that the draft order is submitted to a referendum (with or without modifications), a referendum in accordance with paragraph 14 of that Schedule must be held on the making by the authority of a community right to build order.

(4)The order on which the referendum is to be held is the order that the examiner's report recommended be submitted to a referendum subject to such modifications (if any) as the authority consider appropriate.

(5)The only modifications that the authority may make are—

(a) modifications that the authority consider need to be made to secure that the order does not breach, and is otherwise compatible with, EU obligations,

(b)modifications that the authority consider need to be made to secure that the order is compatible with the Convention rights (within the meaning of the Human Rights Act 1998), and

(c)modifications for the purpose of correcting errors.

(6)In consequence of the provision made by sub-paragraphs (2) to (5) of this paragraph—

(a)paragraph 12(7) to (9) of Schedule 4B have effect as if the words “(or referendums are)” were omitted, and

(b)that Schedule has effect as if paragraph 15 (and references to that paragraph) were omitted.

(7)Any reference in this Act or any other enactment to paragraph 12 of Schedule 4B includes a reference to that paragraph as modified in accordance with this paragraph.

Use of landE+W

11(1)Regulations may make provision for securing that in prescribed circumstances—E+W

(a)an enfranchisement right is not exercisable in relation to land the development of which is authorised by a community right to build order, or

(b)the exercise of an enfranchisement right in relation to that land is subject to modifications provided for by the regulations.

(2)Each of the following is an “enfranchisement right”—

(a)the right under Part 1 of the Leasehold Reform Act 1967 to acquire the freehold of a house (enfranchisement),

(b)the right under Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (collective enfranchisement in case of tenants of flats), and

(c)the right under section 180 of the Housing and Regeneration Act 2008 (right to acquire social housing).

(3)The regulations may—

(a)confer discretionary powers on the Secretary of State, a community organisation or any other specified person, and

(b)require notice to be given in any case where, as a result of the regulations, an enfranchisement right is not exercisable or is exercisable subject to modifications.

Different provision made by regulations for community right to build ordersE+W

12(1)The provision that may be made by regulations under any provision of this Act relating to neighbourhood development orders includes different provision in relation to community right to build orders.E+W

(2)Sub-paragraph (1) is not to be read as limiting in any way the generality of section 333(2A) (which provides that regulations may make different provision for different purposes).]

Sections 72(5), 79(4), 97(5) and Schedule 9.

SCHEDULE 5E+W Conditions relating to Mineral Working

Part IE+W Conditions imposed on Grant of Permission

Duration of developmentE+W

1(1)Every planning permission for development [F83E+W

(a)consisting of the winning and working of minerals; or

(b)involving the depositing of mineral waste,]

shall be subject to a condition as to the duration of the development.

(2)Except where a condition is specified under sub-paragraph (3), the condition in the case of planning permission granted or deemed to be granted after 22nd February 1982 is that the [F84winning and working of minerals or the depositing of mineral waste] must cease not later than the expiration of the period of 60 years beginning with the date of the permission.

(3)An authority granting planning permission after that date or directing after that date that planning permission shall be deemed to be granted may specify a longer or shorter period than 60 years, and if they do so, the condition is that the [F84winning and working of minerals or the depositing of mineral waste] must cease not later than the expiration of a period of the specified length beginning with the date of the permission.(4)A longer or shorter period than 60 years may be prescribed for the purposes of sub-paragraphs (2) and (3).

(5)The condition in the case of planning permission granted or deemed to have been granted before 22nd February 1982 is that the [F84winning and working of minerals or the depositing of mineral waste] must cease not later than the expiration of the period of 60 years beginning with that date.

(6)A condition to which planning permission for development [F85consisting of the winning and working of minerals] is subject by virtue of this paragraph—

(a)is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 72(1)(b); but

(b)is to be regarded for the purposes of sections 78 and 79 as a condition imposed by a decision of the local planning authority, and may accordingly be the subject of an appeal under section 78.

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Amendments (Textual)

F83Words in Sch. 5 para. 1(1) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 14(1) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F84Words in Sch. 5 para. 1(2)(3)(5) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 14(2)(with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Power to impose aftercare conditionsE+W

2(1)Where—E+W

(a)planning permission for development consisting of the winning and working of minerals [F86or involving the depositing of refuse or waste materials] is granted, and

(b)the permission is subject to a condition requiring that after [F87the winning and working is completed or the depositing has ceased], the site shall be restored by the use of any or all of the following, namely, subsoil, topsoil and soil-making material,

it may be granted subject also to any such condition as the mineral planning authority think fit requiring that such steps shall be taken as may be necessary to bring land to the required standard for whichever of the following uses is specified in the condition, namely—

(i)use for agriculture;

(ii)use for forestry; or

(iii)use for amenity.

(2)In this Act—

(a)a condition such as is mentioned in paragraph (b) of sub-paragraph (1) is referred to as “ a restoration condition”; and

(b)a condition requiring such steps to be taken as are mentioned in that sub-paragraph is referred to as “an aftercare condition”.

(3)An aftercare condition may either—

(a)specify the steps to be taken; or

(b)require that the steps be taken in accordance with a scheme (in this Act referred to as an “aftercare scheme”) approved by the mineral planning authority.

(4)A mineral planning authority may approve an aftercare scheme in the form in which it is submitted to them or may modify it and approve it as modified.

(5)The steps that may be specified in an aftercare condition or an aftercare scheme may consist of planting, cultivating, fertilising, watering, draining or otherwise treating the land.

(6)Where a step is specified in a condition or a scheme, the period during which it is to be taken may also be specified, but no step may be required to be taken after the expiry of the aftercare period.

(7)In sub-paragraph (6) “the aftercare period” means a period of five years from compliance with the restoration condition or such other maximum period after compliance with that condition as may be prescribed; and in respect of any part of a site, the aftercare period shall commence on compliance with the restoration condition in respect of that part.

(8)The power to prescribe maximum periods conferred by sub-paragraph (7) includes power to prescribe maximum periods differing according to the use specified.

(9)In this paragraph “forestry” means the growing of a utilisable crop of timber.

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Amendments (Textual)

F86Words in Sch. 5 para. 2(1)(a) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 14(4)(a) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F87Words in Sch. 5 para. 2(1)(b) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 14(4)(b) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

Meaning of “required standard”E+W

3(1)In a case where—E+W

(a)the use specified in an aftercare condition is a use for agriculture; and

(b)the land was in use for agriculture at the time of the grant of the planning permission or had previously been used for that purpose and had not at the time of the grant been used for any authorised purpose since its use for agriculture ceased; and

(c)the Minister has notified the mineral planning authority of the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(2)In any other case where the use specified in an aftercare condition is a use for agriculture, the land is brought to the required standard when it is reasonably fit for that use.

(3)Where the use specified in an aftercare condition is a use for forestry, the land is brought to the required standard when it is reasonably fit for that use.

(4)Where the use specified in an aftercare condition is a use for amenity, the land is brought to the required standard when it is suitable for sustaining trees, shrubs or other plants.

(5)In this paragraph—

  • authorised” means authorised by planning permission;

  • forestry” has the same meaning as in paragraph 2; and

  • the Minister” means—

(a)in relation to England, the Minister of Agriculture, Fisheries and Food; and

(b)in relation to Wales, the Secretary of State.

ConsultationsE+W

4(1)Before imposing an aftercare condition, the mineral planning authority shall consult—E+W

(a)the Minister, where they propose that the use specified in the condition shall be a use for agriculture; and

(b)the Forestry Commission, where they propose that the use so specified shall be a use for forestry,

as to whether it is appropriate to specify that use.

(2)Where after consultations required by sub-paragraph (1) the mineral planning authority are satisfied that the use that they ought to specify is a use for agriculture or for forestry, they shall consult—

(a)where it is for agriculture, the Minister; and

(b)where it is for forestry, the Forestry Commission,

with regard to whether the steps to be taken should be specified in the aftercare condition or in an aftercare scheme.

(3)The mineral planning authority shall also consult the Minister or, as the case may be, the Forestry Commission—

(a)as to the steps to be specified in an aftercare condition which specifies a use for agriculture or for forestry; and

(b)before approving an aftercare scheme submitted in accordance with an aftercare condition which specifies such a use.

(4)The mineral planning authority shall also, from time to time as they consider expedient, consult the Minister or the Commission, as the case may be, as to whether the steps specified in an aftercare condition or an aftercare scheme are being taken.

[F88(4A)Without prejudice to the application of this paragraph in relation to consultation with the Forestry Commission, where the Minister is consulted pursuant to any provision of this paragraph—

(a)he is not required to inspect any land or to express a view on any matter or question; and

(b)he is not precluded from responding in general terms or otherwise in terms which are not specific to the land in question.]

(5)In this paragraph “forestry” and “the Minister” have the same meanings as in paragraph 3.

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Amendments (Textual)

F88Sch. 5 para. 4(4A) inserted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 43 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

Certificate of complianceE+W

5If, on the application of any person with an interest in land in respect of which an aftercare condition has been imposed, the mineral planning authority are satisfied that the condition has been complied with they shall issue a certificate to that effect.E+W

Recovery of expenses of complianceE+W

6A person who has complied with an aftercare condition but who has not himself [F89won and worked minerals or deposited refuse or waste materials] shall be entitled, subject to any condition to the contrary contained in a contract which is enforceable against him by the person who last carried out such operations, to recover from that person any expenses reasonably incurred in complying with the aftercare condition.E+W

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Amendments (Textual)

F89Words in Sch. 5 para. 6 substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 14(5)(with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Part IIE+W Conditions imposed on Revocation or Modification of Permission

7An order under section 97 may in relation to planning permission for development consisting of the winning and working of minerals [F90or involving the depositing of refuse or waste materials], include such aftercare condition as the mineral planning authority think fit if—E+W

(a)it also includes a restoration condition; or

(b)a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.

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Amendments (Textual)

F90Words in Sch. 5 para. 7 inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 14(6)(with s. 84(5)); S.I. 1991/2067, art3 (subject to art. 4)

8Paragraphs 2(3) to (9) and 3 to 6 shall apply in relation to an aftercare condition so imposed as they apply in relation to such a condition imposed under paragraph 2.E+W

F91 [ Interpretation E+W

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Amendments (Textual)

F91Sch. 5 para. 9 and cross heading inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 14(7) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F92 9 In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.]E+W

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Amendments (Textual)

F92Sch. 5 para. 9 and cross heading inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 14(7) (with s. 84(5)); S.I. 1991/ 2067, art.3 (subject to art. 4)

Sections 79,175,195,208.

SCHEDULE 6E+W Determination of Certain Appeals by Person Appointed by Secretary of State

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Modifications etc. (not altering text)

C5Sch. 6 excluded (27.5.1997) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 7 (with s. 64)

Determination of appeals by appointed personE+W

1(1)The Secretary of State may by regulations prescribe classes of appeals under sections 78 [F93106B], 174, 195 and 208, [F94of this Act, paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991][F95and paragraphs 6(11) and (12) and 11(1) of Schedule 13 and paragraph 9(1) of Schedule 14 to the Environment Act 1925] which are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.E+W

(2)Those classes of appeals shall be so determined except in such classes of case—

(a)as may for the time being be prescribed, or

(b)as may be specified in directions given by the Secretary of State.

(3)Regulations made for the purpose of this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

(4)This paragraph shall not affect any provision in this Act or [F96any other Act or any instrument made under this Act or any other Act] that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State.

(5)A person appointed under this paragraph is referred to in this Schedule as “an appointed person”.

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Amendments (Textual)

F94Words in Sch. 6 para. 1(1) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 198(2)(a), 241 (with s. 226); S.I. 2009/400, art. 5

F95Words in Sch. 6 para. 1(1) inserted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 44 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F96Words in Sch. 6 para. 1(4) substituted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 198(2)(b), 241 (with s. 226); S.I. 2009/400, art. 5

Powers and duties of appointed personE+W

2(1)An appointed person shall have the same powers and duties—E+W

(a)in relation to an appeal under section 78, as the Secretary of State has under [F97subsections (1), (4) and (6A)] of section 79;

F98 [( aa )in relation to an appeal under section 106B, as he has under that section]

(b)in relation to an appeal under section 174, as he has under sections 176(1), (2) [F99to (2A)]and (5) and 177(1) to (4);

(c)in relation to an appeal under section 195, as he has under subsections (2) and (3) of that section F100. . .;

(d)in relation to an appeal under section 208, as he has under subsections (7) [F101to (8A)] of that section.

[F102(e)in relation to an appeal under paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991, as the Secretary of State has under paragraph 6(1) and (3) of that Schedule.]

(2)Sections 79(2) [F103106B(4)], 175(3), 196(1) and 208(5) [F104of this Act and paragraph 6(2) of Schedule 2 to the Planning and Compensation Act 1991] shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the local planning authority whether they wish to appear before and be heard by the appointed person.

(3)If both the parties express a wish not to appear and be heard the appeal may be determined without their being heard.

(4)If either of the parties expresses a wish to appear and be heard, the appointed person shall give them both an opportunity of doing so.

[F105(5)Sub-paragraph (2) does not apply—

(a)in the case of an appeal to which section 319A applies; or

(b)in the case of an appeal under section 78 if the appeal is referred to a Planning Inquiry Commission under section 101.]

(6)Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.

(7)Except as provided by Part XII, the validity of that decision shall not be questioned in any proceedings whatsoever.

(8)It shall not be a ground of application to the High Court under section 288, or of appeal to the High Court under section 289 F106. . ., that an appeal ought to have been determined by the Secretary of State and not by an appointed person, unless the appellant or the local planning authority challenge the appointed person’s power to determine the appeal before his decision on the appeal is given.

(9)Where in any enactment (including this Act) there is a reference to the Secretary of State in a context relating or capable of relating to an appeal to which this Schedule applies or to anything done or authorised or required to be done by, to or before the Secretary of State on or in connection with any such appeal, then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by an appointed person, as a reference to him.

[F107(10)Sub-paragraph (9) does not apply to references to the Secretary of State in section 319A (powers and duties of the Secretary of State in relation to the determination of procedure for certain proceedings).]

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Amendments (Textual)

F97Words in Sch. 6 para. 2(1)(a) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 54(3)(a) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F99Words in Sch. 6 para. 2(1)(b) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 54(3)(c) (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F101Words in Sch. 6 para. 2(1)(d) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 54(3)(e)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F102Sch. 6 para. 2(1)(e) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 198(3)(a), 241 (with s. 226); S.I. 2009/400, art. 5

F104Words in Sch. 6 para. 2(2) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 198(3)(b), 241 (with s. 226); S.I. 2009/400, art. 5

F105Sch. 6 para. 2(5) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 14(2) (with s. 226); S.I. 2009/400, art. 3

F107Sch. 6 para. 2(10) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 14(3) (with s. 226); S.I. 2009/400, art. 3

Determination of appeals by Secretary of StateE+W

3(1)The Secretary of State may, if he thinks fit, direct that an appeal which would otherwise fall to be determined by an appointed person shall instead be determined by the Secretary of State.E+W

(2)Such a direction shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under [F108any provision of a development order made by virtue of] section 71(2)(a).

(3)Where in consequence of such a direction an appeal falls to be determined by the Secretary of State, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.

(4)The Secretary of State shall give the appellant, the local planning authority and any person who has made any such representations as mentioned in sub-paragraph (2) an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose if—

(a)the reasons for the direction raise matters with respect to which any of those persons have not made representations; or

(b)in the case of the appellant or the local planning authority, either of them was not asked in pursuance of paragraph 2(2) whether they wished to appear before and be heard by the appointed person, or expressed no wish in answer to that question, or expressed a wish to appear and be heard, but was not given an opportunity of doing so.

[F109(5)Sub-paragraph (4) does not apply—

(a)in the case of an appeal to which section 319A applies; or

(b)in the case of an appeal under section 78 if the appeal is referred to a Planning Inquiry Commission under section 101.]

[F110(5A)In the case of an appeal to which section 319A applies, the Secretary of State must give the appellant, the local planning authority and any person who has made any representations mentioned in sub-paragraph (2) an opportunity to make further representations if the reasons for the direction raise matters with respect to which any of those persons have not made representations.]

(6)Except as provided by sub-paragraph (4) [F111or (5A)] , the Secretary of State need not give any person an opportunity of appearing before and being heard by a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made.

(7)In determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.

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Amendments (Textual)

F109Sch. 6 para. 3(5)(5A) substituted (6.4.2009 for certain purposes and otherwise prosp.) for Sch. 6 para. 3(5) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 14(4) (with s. 226); S.I. 2009/400, art. 3

F110Sch. 6 para. 3(5)(5A) substituted (6.4.2009 for certain purposes and otherwise prosp.) for Sch. 6 para. 3(5) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 14(4) (with s. 226); S.I. 2009/400, art. 3

F111Words in Sch. 6 para. 3(6) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 14(5) (with s. 226); S.I. 2009/400, art. 3

4(1)The Secretary of State may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal.E+W

(2)Such a further direction shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under [F112any provision of a development order made by virtue of] section 71(2)(a).

(3)Where such a further direction has been given, the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given.

(4)Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the appointed person (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him.

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Amendments (Textual)

Appointment of another person to determine appealE+W

5(1)At any time before the appointed person has determined the appeal the Secretary of State may—E+W

(a)revoke his appointment; and

(b)appoint another person under paragraph 1 to determine the appeal instead.

(2)Where such a new appointment is made the consideration of the appeal or any inquiry or other hearing in connection with it shall be begun afresh.

(3)Nothing in sub-paragraph (2) shall require—

(a)the question referred to in paragraph 2(2) to be asked again with reference to the new appointed person if before his appointment it was asked with reference to the previous appointed person (any answers being treated as given with reference to the new appointed person); or

(b)any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Local inquiries and hearingsE+W

6(1)Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person—E+W

(a)may hold a local inquiry in connection with the appeal; and

(b)shall do so if the Secretary of State so directs.

[F113(1A)Sub-paragraph (1) does not apply in the case of an appeal to which section 319A applies; but an appointed person may hold a hearing or local inquiry in connection with such an appeal pursuant to a determination under that section.]

(2)Where an appointed person—

(a)holds a hearing by virtue of paragraph 2(4) [F114or this paragraph] ; or

(b)holds an inquiry by virtue of this paragraph,

an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal.

(3)Subject to sub-paragraph (4), the costs of any such hearing or inquiry shall be defrayed by the Secretary of State.

(4)Subsections (2) to (5) of section 250 of the M10Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held under this paragraph with the following adaptations—

(a)with the substitution in subsection (4) (recovery of costs of holding the inquiry) for the references to the Minister causing the inquiry to be held of references to the Secretary of State; and

(b)with the substitution in subsection (5) (orders as to the costs of the parties) for the reference to the Minister causing the inquiry to be held of a reference to the appointed person or the Secretary of State.

[F115(5)The appointed person or the Secretary of State has the same power to make orders under section 250(5) of that Act (orders with respect to costs of the parties) in relation to proceedings under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry].

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Amendments (Textual)

F113Sch. 6 para. 6(1A) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 14(6) (with s. 226); S.I. 2009/400, art. 3

F114Words in Sch. 6 para. 6(2)(a) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 14(7) (with s. 226); S.I. 2009/400, art. 3

F115Sch. 6 para. 6(5) omitted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 7 (which temp. omission falls (2.1.1992 and 6.4.2009) for specified purposes only by virtue of S.I. 1991/2698, art. 3 and S.I. 2009/849, art. 2 (with art. 3))

Marginal Citations

Supplementary provisionsE+W

7If before or during the determination of an appeal under section 78 which is to be or is being determined in accordance with paragraph 1, the Secretary of State forms the opinion mentioned in section 79(6), he may direct that the determination shall not be begun or proceeded with.E+W

8(1)The M11Tribunals and Inquiries Act [F1161992] shall apply to a local inquiry or other hearing held in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in [F117section 10(1)] of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by an appointed person.E+W

[F118(1A) A local inquiry or hearing held in pursuance of this Schedule shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council). ]

(2)Where an appointed person is an officer of [F119the Department for Communities and Local Government] or the Welsh Office the functions of determining an appeal and doing anything in connection with it conferred on him by this Schedule shall be treated for the purposes of the M12Parliamentary Commissioner Act 1967—

(a)if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to England, as functions of that Department; and

(b)if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to Wales, as functions of the Welsh Office.

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Amendments (Textual)

F116Word in Sch. 6 para. 8(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 28(a)

F117Words in Sch. 6 para. 8(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 28(b)

Modifications etc. (not altering text)

C7Sch. 6 para. 8(2)(b) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

Section 83.

SCHEDULE 7E+W Simplified Planning Zones

GeneralE+W

1(1)A simplified planning zone scheme shall consist of a map and a written statement, and such diagrams, illustrations and descriptive matter as the local planning authority think appropriate for explaining or illustrating the provisions of the scheme.E+W

(2)A simplified planning zone scheme shall specify—

(a)the development or classes of development permitted by the scheme,

(b)the land in relation to which permission is granted, and

(c)any conditions, limitations or exceptions subject to which it is granted;

and shall contain such other matters as may be prescribed.

Notification of proposals to make or alter schemeE+W

2An authority who decide under section 83(2) to make or alter a simplified planning zone scheme shall—E+W

(a)notify the Secretary of State of their decision as soon as practicable, and

(b)determine the date on which they will begin to prepare the scheme or the alterations.

Power of Secretary of State to direct making or alteration of schemeE+W

3(1)If a person requests a local planning authority to make or alter a simplified planning zone scheme but the authority—E+W

(a)refuse to do so, or

(b)do not within the period of three months from the date of the request decide to do so,

he may, subject to sub-paragraph (2), require them to refer the matter to the Secretary of State.

(2)A person may not require the reference of the matter to the Secretary of State if—

(a)in the case of a request to make a scheme, a simplified planning zone scheme relating to the whole or part of the land specified in the request has been adopted or approved within the 12 months preceding his request;

(b)in the case of a request to alter the scheme, the scheme to which the request relates was adopted or approved, or any alteration to it has been adopted or approved, within that period.

(3)The Secretary of State shall, as soon as practicable after a matter is referred to him—

(a)send the authority a copy of any representations made to him by the applicant which have not been made to the authority, and

(b)notify the authority that if they wish to make any representations in the matter they should do so, in writing, within 28 days.

(4)After the Secretary of State has—

(a)considered the matter and any written representations made by the applicant or the authority, and

(b)carried out such consultations with such persons as he thinks fit,

he may give the authority a simplified planning zone direction.

(5)The Secretary of State shall notify the applicant and the authority of his decision and of his reasons for it.

4(1)A simplified planning zone direction is—E+W

(a)if the request was for the making of a scheme, a direction to make a scheme which the Secretary of State considers appropriate; and

(b)if the request was for the alteration of a scheme, a direction to alter it in such manner as he considers appropriate [F120and, in either case, requires the local planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme.]

(2)A direction under sub-paragraph (1)(a) or (b) may extend—

(a)to the land specified in the request to the authority,

(b)to any part of the land so specified, or

(c)to land which includes the whole or part of the land so specified;

and accordingly may direct that land shall be added to or excluded from an existing simplified planning zone.

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Amendments (Textual)

F120Words in Sch. 7 para. 4(1) inserted (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. II para.5; S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)

F121 [ Steps to be taken before depositing proposals E+W

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Amendments (Textual)

F121Sch. 7 paras. 5-6 and cross headings substituted for paras. 5-7 (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. I para.1 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)

F122 5 (1)A local planning authority proposing to make or alter a simplified planning zone scheme shall, before determining the content of their proposals, comply with this paragraph.E+W

(2)They shall—

(a)consult the Secretary of State having responsibility for highways as to the effect any proposals they may make might have on existing or future highways,

(b)if they are the district planning authority, consult the county council—

(i)as county planning authority, and

(ii)as to the effect which any matters the district planning authority are considering including in the proposals might have on existing or future highways, and

(c)consult or notify such persons as regulations may require them to consult or, as the case may be, notify.

(3)They shall take such steps as may be prescribed or as the Secretary of State may, in a particular case, direct to publicise—

(a)the fact that they propose to make or alter a simplified planning zone scheme, and

(b)the matters which they are considering including in the proposals.

(4)They shall consider any representations that are made in accordance with regulations.]

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Amendments (Textual)

F122Sch. 7 paras. 5-6 and cross headings substituted for paras. 5-7 (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. I para.1 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)

F123 [ Procedure after deposit of proposals E+W

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Amendments (Textual)

F123Sch. 7 paras. 5-6 and cross headings substituted for paras. 5-7 (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. I para.1 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)

F124 6 Where a local planning authority have prepared a proposed simplified planning zone scheme, or proposed alterations to a simplified planning zone scheme, they shall—E+W

(a)make copies of the proposed scheme or alterations available for inspection at such places as may be prescribed,

(b)take such steps as may be prescribed for the purpose of advertising the fact that the proposed scheme or alterations are so available and the places at which, and times during which, they may be inspected,

(c)take such steps as may be prescribed for inviting objections to be made within such period as may be prescribed, and

(d)send a copy of the proposed scheme or alterations to the Secretary of State and to the Secretary of State having responsibility for highways and, if they are the district planning authority, to the county council.]

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Amendments (Textual)

F124Sch. 7 paras. 5-6 and cross headings substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) for paras. 5-7 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. I para.1 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)

Powers of Secretary of State to secure adequate publicity and consultationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F125 Procedure for dealing with objectionsE+W

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Amendments (Textual)

F125Sch. 7 para. 8(1)(2) and cross heading substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) for para. 8(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. I para. 2(1) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/2413, art. 2 (with art. 3)

F126 8 (1)Where objections to the proposed scheme or alterations are made, the local planning authority may—E+W

(a)for the purpose of considering the objections, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, appointed by the authority, or

(b)require the objections to be considered by a person appointed by the Secretary of State.

(2)A local planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State.]

(4)Regulations may—

(a)make provision with respect to the appointment, and qualifications for appointment, of persons [F127for the purposes of this paragraph];

(b)include provision enabling the Secretary of State to direct a local planning authority to appoint a particular person, or one of a specified list or class of persons;

(c)make provision with respect to the remuneration and allowances of the person appointed.

(5)Subsections (2) and (3) of section 250 of the M13Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this paragraph.

(6)The M14Tribunals and Inquiries Act [F1281992] applies to a local inquiry or other hearing held under this paragraph as it applies to a statutory inquiry held by the Secretary of State, with the substitution in [F129section 10(1)] (statement of reasons for decision) for the references to a decision taken by the Secretary of State of references to a decision taken by a local authority.

[F130(7) A local inquiry or other hearing held under this paragraph shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council). ]

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Amendments (Textual)

F126Sch. 7 para. 8(1)(2) and cross heading substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) for para. 8(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. I para. 2(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)

F127Words in Sch. 7 para. 8(4) substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1 ), s. 28, Sch. 5 Pt. II para. 6 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/2413, art. 2 (with art. 3)

F128Word in Sch. 7 para. 8(6) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 29(a)

F129Words in Sch. 7 para. 8(6) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 29(b)

Marginal Citations

Adoption of proposals by local planning authorityE+W

9 F131 [( 1 )After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of any person holding an inquiry or hearing or considering the objections under paragraph 8, the local planning authority may by resolution adopt the proposals (subject to the following provisions of this paragraph and paragraph 10).]E+W

(2)The authority may adopt the proposals as originally prepared or as modified so as to take account of—

(a)any such objections as are mentioned in sub-paragraph (1) or any other objections to the proposals, or

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

(3)If, before the proposals have been adopted by the local planning authority, it appears to the Secretary of State that they are unsatisfactory, he may direct the authority to [F132modify] the proposals in such respects as are indicated in the direction.

(4)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.

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Amendments (Textual)

F131Sch. 7 para. 9(1) substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. II para. 7(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)

F132Word in Sch. 7 para. 9(3) substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. II para. 7(2) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/2413, art. 2 (with art. 3)

Calling in of proposals for approval by Secretary of StateE+W

10(1)Before the proposals have been adopted by the local planning authority the Secretary of State may direct that they shall be submitted to him for his approval.E+W

(2)If the Secretary of State gives such a direction—

(a)the authority shall not take any further steps for the adoption of the proposals, and in particular shall not hold or proceed with a local inquiry or other hearing [F133or any consideration of objections] in respect of the proposals under paragraph 8; and

(b)the proposals shall not have effect unless approved by the Secretary of State and shall not require adoption by the authority.

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Amendments (Textual)

F133Words in Sch. 7 para. 10(2) inserted (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. II para.8 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)

Approval of proposals by Secretary of StateE+W

11(1)The Secretary of State may after considering proposals submitted to him under paragraph 10 either approve them, in whole or in part and with or without modifications, or reject them.E+W

(2)In considering the proposals the Secretary of State may take into account any matters he thinks are relevant, whether or not they were taken into account in the proposals as submitted to him.

F134 [( 3 )Where on taking the proposals into consideration the Secretary of State does not determine then to reject them he shall, before determining whether or not to approve them, consider any objections made in accordance with regulations (and not withdrawn) except objections which—

(a)have already been considered by the local planning authority or by a person appointed by the Secretary of State, or

(b)have already been considered at a local inquiry or other hearing.

(4)The Secretary of State may—

(a)for the purpose of considering any objections and the views of the local planning authority and of such other persons as he thinks fit, cause a local inquiry or other hearing to be held by a person appointed by him, or

(b)require such objections and views to be considered by a person appointed by him.

(5)In considering the proposals the Secretary of State may consult with, or consider the views of, any local planning authority or any other person; but he need not do so, or give an opportunity for the making or consideration of representations or objections, except so far as he is required to do so by sub-paragraph (3).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F134Sch. 7 para. 11(3)-(5) substituted for para. 11(3)(4) (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 para. 2(2)(with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)

Default powersE+W

[F13512(1)Where —E+W

(a)a local planning authority are directed under paragraph 3 to make a simplified planning zone scheme which the Secretary of State considers appropriate or to alter such a scheme in such manner as he considers appropriate, and

(b)the Secretary of State 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, as the case may be, alteration of a scheme,

he may himself make a scheme or, as the case may be, the alterations.]

(2)Where under this paragraph anything which ought to have been done by a local planning authority is done by the Secretary of State, the previous provisions of this Schedule apply, so far as practicable, with any necessary modifications, in relation to the doing of that thing by the Secretary of State and the thing so done.

(3)Where the Secretary of State incurs expenses under this paragraph in connection with the doing of anything which should have been done by a local planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by the authority to the Secretary of State.

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Amendments (Textual)

F135Sch. 7 para. 12(1) substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. II para. 9 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)

Regulations and directionsE+W

13(1)Without prejudice to the previous provisions of this Schedule, the Secretary of State may make regulations with respect—E+W

(a)to the form and content of simplified planning zone schemes, and

(b)to the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making or alteration.

(2)Any such regulations may in particular—

(a)provide for the notice to be given of, or the publicity to be given to—

(i)matters included or proposed to be included in a simplified planning zone scheme, and

(ii)the adoption or approval of such a scheme, or of any alteration of it, or any other prescribed procedural step,

and for publicity to be given to the procedure to be followed in these respects;

(b)make provision with respect to the making and consideration of representations as to matters to be included in, or objections to, any such scheme or proposals for its alteration;

F136 [( bb )make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations;]

(c)without prejudice to paragraph (a), provide for notice to be given to particular persons of the adoption or approval of a simplified planning zone scheme, or an alteration to such a scheme, if they have objected to the proposals and have notified the local planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge;

(d)require or authorise a local planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;

(e)require a local planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request with copies of any document which has been made public F137. . ., subject (if the regulations so provide) to the payment of a reasonable charge;

(f)provide for the publication and inspection of a simplified planning zone scheme which has been adopted or approved, or any document adopted or approved altering such a scheme, and for copies of any such scheme or document to be made available on sale.

(3)Regulations under this paragraph may extend throughout England and Wales or to specified areas only and may make different provision for different cases.

(4)Subject to the previous provisions of this Schedule and to any regulations under this paragraph, the Secretary of State may give directions to any local planning authority or to local planning authorities generally—

(a)for formulating the procedure for the carrying out of their functions under this Schedule;

(b)for requiring them to give him such information as he may require for carrying out any of his functions under this Schedule.

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Amendments (Textual)

F136Sch. 7 para. 13(2)(bb) inserted (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. II para. 10(a)(with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)

F137Words in Sch. 7 para. 13(2)(e) repealed (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 28, 84(6), Sch. 5 Pt. II para. 10(b), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/2413, art. 2 (with art. 3); S.I. 1992/2831, art. 2, Sch.

Section 101(4).

SCHEDULE 8E+W Planning Inquiry Commissions

Part IE+W Constitution and Procedure on References

Constitution of CommissionsE+W

1(1)A Planning Inquiry Commission shall consist of a chairman and not less than two nor more than four other members appointed by the Secretary of State.E+W

(2)The Secretary of State may—

(a)pay to the members of any such commission such remuneration and allowances as he may with the consent of the Treasury determine, and

(b)provide for each such commission such officers or servants, and such accommodation, as appears to him expedient to provide for the purpose of assisting the commission in the discharge of their functions.

(3)The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

(4)In relation to any matter affecting both England and Wales—

(a)the functions of the Secretary of State under sub-paragraph (1) shall be exercised by the Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales acting jointly, and

(b)his functions under sub-paragraph (2) shall be exercised by one of those Secretaries of State authorised by the other to act on behalf of both of them for the purposes of that sub-paragraph.

Reference to a Planning Inquiry CommissionE+W

2(1)Two or more of the matters mentioned in section 101(2) may be referred to the same commission if it appears to the responsible Minister or Ministers that they relate to proposals to carry out development for similar purposes on different sites.E+W

(2)Where a matter referred to a commission under section 101 relates to a proposal to carry out development for any purpose at a particular site, the responsible Minister or Ministers may also refer to the commission the question whether development for that purpose should instead be carried out at an alternative site.

(3)On referring a matter to a commission, the responsible Minister or Ministers—

(a)shall state in the reference the reasons for the reference, and

(b)may draw the attention of the commission to any points which seem to him or them to be relevant to their inquiry.

Functions of Planning Inquiry Commission on referenceE+W

3(1)A commission inquiring into a matter referred to them under section 101 shall—E+W

(a)identify and investigate the considerations relevant to, or the technical or scientific aspects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out, and

(b)assess the importance to be attached to those considerations or aspects.

(2)If—

(a)in the case of a matter mentioned in section 101(2)(a), (b) or (c), the applicant, or

(b)in any case, the local planning authority,

so wish, the commission shall give to each of them, and, in the case of an application or appeal mentioned in section 101(2)(a) or (b), also to any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under [F138any provision of a development order made by virtue of section 71(2)(a)], an opportunity of appearing before and being heard by one or more members of the commission.

(3)The commission shall then report to the responsible Minister or Ministers on the matter referred to them.

(4)A commission may, with the approval of the Secretary of State and at his expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to them to be relevant to a matter referred to them for inquiry and report.

(5)In sub-paragraph (4) “the Secretary of State,” in relation to any matter affecting both England and Wales, means—

(a)the Secretary of State for the time being having general responsibility in planning matters in relation to England, or

(b)the Secretary of State for the time being having responsibility in relation to Wales,

acting, by arrangements between the two of them, on behalf of both.

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Amendments (Textual)

Procedure on reference to a Planning Inquiry CommissionE+W

4(1)A reference to a Planning Inquiry Commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time.E+W

(2)A reference of any other matter mentioned in section 101 may be made at any time before, but not after, the determination of the relevant application referred under section 77 or the relevant appeal under section 78 or, as the case may be, the giving of the relevant direction under section 90(1).

(3)The fact that an inquiry or other hearing has been held into a proposal by a person appointed by any Minister for the purpose shall not prevent a reference of the proposal to a Planning Inquiry Commission.

(4)Notice of the making of a reference to any such commission shall be published in the prescribed manner.

(5)A copy of the notice must be served on the local planning authority for the area in which it is proposed that the relevant development will be carried out, and—

(a)in the case of an application for planning permission referred under section 77 or an appeal under section 78, on the applicant and any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under [F139any provision of a development order made by virtue of section 71(2)(a)];

(b)in the case of a proposal that a direction should be given under section 90(1) with respect to any development, on the local authority [F140or National Park authority] or statutory undertakers applying for authorisation to carry out that development.

(6)Subject to the provisions of this paragraph and paragraph 5 and to any directions given to them by the responsible Minister or Ministers, a Planning Inquiry Commission shall have power to regulate their own procedure.

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Amendments (Textual)

F139Words in Sch. 8 para. 4(5)(a) substituted (17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 55 (with s. 84(5)); S.I. 1992/1491, art. 2, Sch. 1

F140Words in Sch. 8 para. 4(5)(b) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(15) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

Local inquiries held by Planning Inquiry CommissionE+W

5(1)A Planning Inquiry Commission shall, for the purpose of complying with paragraph 3(2), hold a local inquiry; and they may hold such an inquiry, if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the local planning authority want an opportunity to appear and be heard.E+W

(2)Where a Planning Inquiry Commission are to hold a local inquiry under sub-paragraph (1) in connection with a matter referred to them, and it appears to the responsible Minister or Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this paragraph to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, he or, as the case may be, they may direct that the two inquiries be held concurrently or combined as one inquiry.

(3)An inquiry held by a commission under this paragraph shall be treated for the purposes of the Tribunals and Inquiries Act [F1411992] as one held by a Minister in pursuance of a duty imposed by a statutory provision.

[F142(3A) An inquiry held by a commission under this paragraph shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council). ]

(4)Subsections (2) to (5) of section 250 of the M15Local Government Act 1972 (local inquiries: evidence and costs) shall apply in relation to an inquiry held under sub-paragraph (1) as they apply in relation to an inquiry caused to be held by a Minister under subsection (1) of that section, with the substitution for references to the Minister causing the inquiry to be held (other than the first reference in subsection (4)) of references to the responsible Minister or Ministers.

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Amendments (Textual)

F141Word in Sch. 8 para. 5(3) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 30

Marginal Citations

Part IIE+W Meaning of “the responsible Minister or Ministers”

6In relation to the matters specified in the first column of the Table below (which are matters mentioned in subsection (2)(a), (b), (c) or (d) of section 101 as matters which may be referred to a Planning Inquiry Commission under that section) “the responsible Minister or Ministers” for the purposes of that section and this Schedule—E+W

(a)in the case of a matter affecting England only, are those specified opposite in the second column of the Table;

(b)in the case of a matter affecting Wales only, are those specified opposite in the third column of the Table; and

(c)in the case of a matter affecting both England and Wales, are those specified opposite in the fourth column of the Table.

7Where an entry in the second, third or fourth columns of the Table specifies two or more Ministers, that entry shall be construed as referring to those Ministers acting jointly.E+W

Table

Referred matterAffecting England onlyAffecting Wales onlyAffecting both England and Wales
1. Application for planning permission or appeal under section 78 relating to land to which section 266(1) applies.The Secretary of State for the time being having general responsibility in planning matters in relation to England and the appropriate Minister (if different).The Secretary of State for the time being having general responsibility in planning matters in relation to Wales and the appropriate Minister (if different).The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales and the appropriate Minister (if different).
2. Application for planning permission or appeal under section 78 relating to land to which section 266(1) does not apply.The Secretary of State for the time being having general responsibility in planning matters in relation to England.The Secretary of State for the time being having general responsibility in planning matters in relation to Wales.The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales.
3. Proposal that a government department should give a direction under section 90(1) or that development should be carried out by or on behalf of a government department.The Secretary of State for the time being having general responsibility in planning matters in relation to England and the Minister (if different) in charge of the government department concerned.The Secretary of State for the time being having general responsibility in planning matters in relation to Wales and the Minister (if different) in charge of the government department concerned.The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales and the Minister (if different) in charge of the government department concerned.

Section 102(8).

SCHEDULE 9E+W Requirements relating to Discontinuance of Mineral Working

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Modifications etc. (not altering text)

Orders requiring discontinuance of mineral workingE+W

1(1)If, having regard to the development plan and to any other material considerations, it appears to a mineral planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity)—E+W

F143 [( a )that any use of land for—

(i)development consisting of the winning and working of minerals; or

(ii)the depositing of refuse or waste materials,

should be discontinued or that any conditions should be imposed on the continuance of the winning and working or the depositing;]

(b)that any buildings or works on land so used should be altered or removed; or

F144 [( c )that any plant or machinery used for the winning and working or the depositing should be altered or removed,]

the mineral planning authority may by order require the discontinuance of that use, or impose such conditions as may be specified in the order on the continuance of it or, as the case may be, require such steps as may be so specified to be taken for the alteration or removal of the buildings or works or plant or machinery.

F145 [( 2 )An order under this paragraph may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—

(a)required by paragraph 1 of Schedule 5; or

(b)specified in the order.

(3)Subsections (3) to (5) and (7) of section 102 and section 103 apply to orders under this paragraph as they apply to orders under section 102, but as if—

(a)references to the local planning authority were references to the mineral planning authority; and

(b)the reference in section 103(2)(a) to subsection (2) of section 102 were a reference to sub-paragraph (2).]

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Amendments (Textual)

F143Sch. 9 para. 1(1)(a) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(1)(with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F144Sch. 9 para. 1(1)(c) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(2)(with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F145Sch. 9 para. 1(2)(3) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(3) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

2 F146 [( 1 )An order under paragraph 1 may impose a restoration condition]E+W

(2)If such an order—

(a)includes a restoration condition, or

(b)a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act,

the order may also include any such aftercare condition as the mineral planning authority think fit.

(3)Paragraphs 2(3) to (9) and 3 to 6 of Schedule 5 shall apply in relation to an aftercare condition imposed under this paragraph as they apply in relation to such a condition imposed under paragraph 2 of that Schedule, but with the substitution for sub-paragraphs (1) and (2) of paragraph 3 of that Schedule of sub-paragraphs (4) and (5) below.

(4)In a case where—

(a)the use specified in the aftercare condition is a use for agriculture;

(b)the land was in use for agriculture immediately [F147before the development began], or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased; and

(c)the Minister has notified the mineral planning authority of the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(5)In any other case where the use specified in the aftercare condition is a use for agriculture, the land is brought to the required standard when it is reasonably fit for that use.

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Amendments (Textual)

F146Sch. 9 para. 2(1) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(4)(with s. 84(5)); S.I. 1991/2067, art.3

F147Words in Sch. 9 para. 2(4)(b) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(5)(with s. 84(5)); S.I. 1991/2067, art.3

Prohibition of resumption of mineral workingE+W

3 F148[( 1 )Where it appears to the mineral planning authority—E+W

(a)that development of land—

(i)consisting of the winning and working of minerals; or

(ii)involving the depositing of mineral waste,

has occurred; but

(b)the winning and working or depositing has permanently ceased,

the mineral planning authority may by order—

(i)prohibit the resumption of the winning and working or the depositing; and

(ii)impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).

(2)The mineral planning authority may assume that the winning and working or the depositing has permanently ceased only when—

( a )no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and

( b )it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely.

(3)The requirements mentioned in sub-paragraph (1) are—

(a)a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose;

(b)a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations;

(c)a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and

(d)a restoration condition.]

(4)If—

(a)an order under this paragraph includes a restoration condition; or

(b)a restoration condition has previously been imposed in relation to the site by virtue of any provision of this Act,

the order under this paragraph may include any such aftercare condition as the mineral planning authority think fit.

(5)Paragraphs 2(3) to (9) and 3 to 6 of Schedule 5 apply in relation to an aftercare condition imposed under this paragraph as they apply to such a condition imposed under paragraph 2 of this Schedule.

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Amendments (Textual)

F148Sch. 9 para. 3(1)-(3) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 21, 84(2)-(4)(5), Sch. 1 para. 15(6)(with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

Modifications etc. (not altering text)

4(1)An order under paragraph 3 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.E+W

(2)Where a mineral planning authority submit such an order to the Secretary of State for his confirmation under this paragraph, the authority shall serve notice of the order—

(a)on any person who is an owner or occupier of any of the land to which the order relates, and

(b)on any other person who in their opinion will be affected by it.

(3)The notice shall specify the period within which any person on whom the notice is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose.

(4)If within that period such a person so requires, before the Secretary of State confirms the order he shall give such an opportunity both to him and to the mineral planning authority.

(5)The period referred to in sub-paragraph (3) must not be less than 28 days from the service of the notice.

(6)Where an order under paragraph 3 has been confirmed by the Secretary of State, the mineral planning authority shall serve a copy of the order on every person who was entitled to be served with notice under sub-paragraph (2).

(7)When an order under paragraph 3 takes effect any planning permission for the development to which the order relates shall cease to have effect.

(8)Sub-paragraph (7) is without prejudice to the power of the mineral planning authority, on revoking the order, to make a further grant of planning permission for development consisting of the winning and working of minerals [F149or involving the depositing of mineral waste].

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Amendments (Textual)

F149Words in Sch. 9 para. 4(8) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(7)(with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

Modifications etc. (not altering text)

Orders after suspension of winning and working of mineralsE+W

5 F150 [( 1 )Where it appears to the mineral planning authority—E+W

(a)that development of land—

(i)consisting of the winning and working of minerals; or

(ii)involving the depositing of mineral waste,

has occurred; but

(b)the winning and working or depositing has been temporarily suspended,

the mineral planning authority may by order require that steps be taken for the protection of the environment.]

(2)An order under sub-paragraph (1) is in this Act referred to as a “suspension order”.

F151 [( 3 )The mineral planning authority may assume that the winning and working or the depositing has been temporarily suspended only when—

(a)no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least twelve months; but

(b)it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely.

(4) In this Act “ steps for the protection of the environment ” means steps for the purpose—

(a)of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended;

(b)of protecting that area from damage during that period; or

(c)of preventing any deterioration in the condition of the land during that period.]

(5)A suspension order shall specify a period, commencing with the date on which it is to take effect, within which any required step for the protection of the environment is to be taken and may specify different periods for the taking of different steps.

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Amendments (Textual)

F150Sch. 9 para. 5(1) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(8)(with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4

F151Sch. 9 para. 5(3)(4) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(9)(with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Supplementary suspension ordersE+W

6(1)At any time when a suspension order is in operation the mineral planning authority may by order direct—E+W

(a)that steps for the protection of the environment shall be taken in addition to or in substitution for any of the steps which the suspension order or a previous order under this sub-paragraph specified as required to be taken; or

(b)that the suspension order or any order under this sub-paragraph shall cease to have effect.

(2)An order under sub-paragraph (1) is in this Act referred to as a “supplementary suspension order”.

Confirmation and coming into operation of suspension ordersE+W

7(1)Subject to sub-paragraph (2), a suspension order or a supplementary suspension order shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.E+W

(2)A supplementary suspension order revoking a suspension order or a previous supplementary suspension order and not requiring that any fresh step shall be taken for the protection of the environment shall take effect without confirmation.

(3)Sub-paragraphs (2) to (5) of paragraph 4 shall have effect in relation to a suspension order or supplementary suspension order submitted to the Secretary of State for his confirmation as they have effect in relation to an order submitted to him for his confirmation under that paragraph.

(4)Where a suspension order or supplementary suspension order has been confirmed by the Secretary of State, the mineral planning authority shall serve a copy of the order on every person who was entitled to be served with notice of the order by virtue of sub-paragraph (3).

Registration of suspension orders as local land chargesE+W

8A suspension order or a supplementary suspension order shall be a local land charge.E+W

Review of suspension ordersE+W

9(1)It shall be the duty of a mineral planning authority—E+W

(a)to undertake in accordance with the following provisions of this paragraph reviews of suspension orders and supplementary suspension orders which are in operation in their area; and

(b)to determine whether they should make in relation to any land to which a suspension order or supplementary suspension order applies—

(i)an order under paragraph 3; or

(ii)a supplementary suspension order.

(2)The first review of a suspension order shall be undertaken not more than five years from the date on which the order takes effect.

(3)Each subsequent review shall be undertaken not more than five years after the previous review.

(4)If a supplementary suspension order is in operation for any part of the area for which a suspension order is in operation, they shall be reviewed together.

(5)If a mineral planning authority have made a supplementary suspension order which requires the taking of steps for the protection of the environment in substitution for all the steps required to be taken by a previous suspension order or supplementary suspension order, the authority shall undertake reviews of the supplementary suspension order in accordance with sub-paragraphs (6) and (7).

(6)The first review shall be undertaken not more than five years from the date on which the order takes effect.

(7)Each subsequent review shall be undertaken not more than five years after the previous review.

(8)The duties to undertake reviews imposed by this paragraph are in addition to and not in substitution for the duties imposed by section 105.

Resumption of mineral working after suspension orderE+W

10(1)Subject to sub-paragraph (2), nothing in a suspension order or a supplementary suspension order shall prevent the recommencement of development consisting of the winning and working of minerals [F152or involving the depositing of mineral waste at the site] in relation to which the order has effect.E+W

(2)No person shall recommence such development without first giving the mineral planning authority notice of his intention to do so.

(3)A notice under sub-paragraph (2) shall specify the date on which the person giving the notice intends to recommence [F153the development].

F154 [( 4 )The mineral planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.]

(5)If the authority do not revoke the order before the end of the period of two months from the date specified in the notice under sub-paragraph (2), the person who gave that notice may apply to the Secretary of State for the revocation of the order.

(6)Notice of an application under sub-paragraph (5) shall be given by the applicant to the mineral planning authority.

(7)If he is required to do so by the person who gave the notice or by the mineral planning authority, the Secretary of State shall, before deciding whether to revoke the order, give him and the mineral planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

F155 [( 8 )If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.]

(9)If the Secretary of State revokes an order by virtue of sub-paragraph (8), he shall give notice of its revocation—

(a)to the person who applied to him for the revocation, and

(b)to the mineral planning authority.

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Amendments (Textual)

F152Words in Sch. 9 para. 10(1) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(10) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F153Words in Sch. 9 para. 10(3) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15 (11) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F154Sch. 9 para. 10(4) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(12)(with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F155Sch. 9 para. 10(8) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(13)(with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

Default powers of Secretary of StateE+W

11(1)If it appears to the Secretary of State to be expedient that any order under paragraph 1, 3, 5 or 6 should be made, he may himself make such an order.E+W

(2)Such an order which is made by the Secretary of State shall have the same effect as if it had been made by the mineral planning authority and confirmed by the Secretary of State.

(3)The Secretary of State shall not make such an order without consulting the mineral planning authority.

(4)Where the Secretary of State proposes to make an order under paragraph 1 he shall serve a notice of the proposal on the mineral planning authority.

(5)The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(6)If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.

(7)The provisions of this Schedule and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the mineral planning authority of any order to which sub-paragraph (1) applies, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order, its making by him and the service of copies of it.

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Modifications etc. (not altering text)

C16Sch. 9 para. 11 : power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

F156 [ Interpretation E+W

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Amendments (Textual)

F156Sch. 9 para. 12 and cross heading inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(14) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F157 12 In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.]E+W

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Amendments (Textual)

F157Sch. 9 para. 12 and cross heading inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(14) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

Sections 111 and 114.

SCHEDULE 10E+W Condition treated as applicable to rebuilding and alterations

1Where the building to be rebuilt or altered is the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed by more than ten per cent. the amount of gross floor space which was last used for that purpose in the original building.E+W

2Where the building to be rebuilt or altered is not the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed the amount of gross floor space which was last used for that purpose in the building before the rebuilding or alteration.E+W

3In determining under this Schedule the purpose for which floor space was last used in any building, no account shall be taken of any use in respect of which an effective enforcement notice has been or could be served or, in the case of a use which has been discontinued, could have been served immediately before the discontinuance.E+W

4(1)For the purposes of this Schedule gross floor space shall be ascertained by external measurement.E+W

(2)