33ADuty to co-operate in relation to planning of sustainable development

1

Each person who is—

a

a local planning authority,

b

a county council in England that is not a local planning authority, or

c

a body, or other person, that is prescribed or of a prescribed description,

must co-operate with every other person who is within paragraph (a), (b) or (c) or subsection (9) in maximising the effectiveness with which activities within subsection (3) are undertaken.

2

In particular, the duty imposed on a person by subsection (1) requires the person—

a

to engage constructively, actively and on an ongoing basis in any process by means of which activities within subsection (3) are undertaken, and

b

to have regard to activities of a person within subsection (9) so far as they are relevant to activities within subsection (3).

3

The activities within this subsection are—

a

the preparation of development plan documents,

b

the preparation of other local development documents,

c

the preparation of marine plans under the Marine and Coastal Access Act 2009 for the English inshore region, the English offshore region or any part of either of those regions,

d

activities that can reasonably be considered to prepare the way for activities within any of paragraphs (a) to (c) that are, or could be, contemplated, and

e

activities that support activities within any of paragraphs (a) to (c),

so far as relating to a strategic matter.

4

For the purposes of subsection (3), each of the following is a “strategic matter”—

a

sustainable development or use of land that has or would have a significant impact on at least two planning areas, including (in particular) sustainable development or use of land for or in connection with infrastructure that is strategic and has or would have a significant impact on at least two planning areas, and

b

sustainable development or use of land in a two-tier area if the development or use—

i

is a county matter, or

ii

has or would have a significant impact on a county matter.

5

In subsection (4)—

• “county matter” has the meaning given by paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph 1(1)(i)),

• “planning area” means—

  1. a

     the area of—

     1. i

        a district council (including a metropolitan district council),

     2. ii

        a London borough council, or

     3. iii

        a county council in England for an area for which there is no district council,

     but only so far as that area is neither in a National Park nor in the Broads,

  2. b

     a National Park,

  3. c

     the Broads,

  4. d

     the English inshore region, or

  5. e

     the English offshore region, and

• “two-tier area” means an area—

  1. a

     for which there is a county council and a district council, but

  2. b

     which is not in a National Park.

6

The engagement required of a person by subsection (2)(a) includes, in particular—

a

considering whether to consult on and prepare, and enter into and publish, agreements on joint approaches to the undertaking of activities within subsection (3), and

b

if the person is a local planning authority, considering whether to agree under section 28 to prepare joint local development documents.

7

A person subject to the duty under subsection (1) must have regard to any guidance given by the Secretary of State about how the duty is to be complied with.

8

A person, or description of persons, may be prescribed for the purposes of subsection (1)(c) only if the person, or persons of that description, exercise functions for the purposes of an enactment.

9

A person is within this subsection if the person is a body, or other person, that is prescribed or of a prescribed description.

10

In this section—

• “the English inshore region” and “the English offshore region” have the same meaning as in the Marine and Coastal Access Act 2009, and

• “land” includes the waters within those regions and the bed and subsoil of those waters.

5

Also, subsection (3)(b) does not apply to section 33A(1)(a) and (b).

; and

c

whether the local planning authority complied with any duty imposed on the authority by section 33A in relation to its preparation.

7

To bring the scheme into effect, the local planning authority must resolve that the scheme is to have effect and in the resolution specify the date from which the scheme is to have effect.

8AA

A direction may be given under subsection (8)(b) only if the person giving the direction thinks that revision of the scheme is necessary for the purpose of ensuring effective coverage of the authority's area by the development plan documents (taken as a whole) for that area.

9A

The local planning authority must make the following available to the public—

a

the up-to-date text of the scheme,

b

a copy of any amendments made to the scheme, and

c

up-to-date information showing the state of the authority's compliance (or non-compliance) with the timetable mentioned in subsection (2)(f).

7

Where the person appointed to carry out the examination—

a

has carried it out, and

b

considers that, in all the circumstances, it would be reasonable to conclude—

i

that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, and

ii

that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document's preparation,

the person must recommend that the document is adopted and give reasons for the recommendation.

7A

Where the person appointed to carry out the examination—

a

has carried it out, and

b

is not required by subsection (7) to recommend that the document is adopted,

the person must recommend non-adoption of the document and give reasons for the recommendation.

7B

Subsection (7C) applies where the person appointed to carry out the examination—

a

does not consider that, in all the circumstances, it would be reasonable to conclude that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, but

b

does consider that, in all the circumstances, it would be reasonable to conclude that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document's preparation.

7C

If asked to do so by the local planning authority, the person appointed to carry out the examination must recommend modifications of the document that would make it one that—

a

satisfies the requirements mentioned in subsection (5)(a), and

b

is sound.

2

If the person appointed to carry out the independent examination of a development plan document recommends that it is adopted, the authority may adopt the document—

a

as it is, or

b

with modifications that (taken together) do not materially affect the policies set out in it.

2A

Subsection (3) applies if the person appointed to carry out the independent examination of a development plan document—

a

recommends non-adoption, and

b

under section 20(7C) recommends modifications (“the main modifications”).

3

The authority may adopt the document—

a

with the main modifications, or

b

with the main modifications and additional modifications if the additional modifications (taken together) do not materially affect the policies that would be set out in the document if it was adopted with the main modifications but no other modifications.

9A

The Secretary of State may at any time—

a

after a development plan document has been submitted for independent examination under section 20, but

b

before it is adopted under section 23,

direct the local planning authority to withdraw the document.

A report under subsection (2) must—

a

be in respect of a period—

i

which the authority considers appropriate in the interests of transparency,

ii

which begins with the end of the period covered by the authority's most recent report under subsection (2), and

iii

which is not longer than 12 months or such shorter period as is prescribed;

4

The authority must make the authority's reports under this section available to the public.

7A

A charging authority must use appropriate available evidence to inform the charging authority's preparation of a charging schedule.

7B

CIL regulations may make provision about the application of subsection (7A) including, in particular—

a

provision as to evidence that is to be taken to be appropriate,

b

provision as to evidence that is to be taken to be not appropriate,

c

provision as to evidence that is to be taken to be available,

d

provision as to evidence that is to be taken to be not available,

e

provision as to how evidence is, and as to how evidence is not, to be used,

f

provision as to evidence that is, and as to evidence that is not, to be used,

g

provision as to evidence that may, and as to evidence that need not, be used, and

h

provision as to how the use of evidence is to inform the preparation of a charging schedule.

4

In this section and sections 212A and 213 “the drafting requirements” means the requirements of this Part and CIL regulations (including the requirements to have regard to the matters listed in section 211(2) and (4)), so far as relevant to the drafting of the schedule.

7

The examiner must consider whether the drafting requirements have been complied with and—

a

make recommendations in accordance with section 212A, and

b

give reasons for the recommendations.

212ACharging schedule: examiner's recommendations

1

This section applies in relation to the examination, under section 212, of a draft charging schedule.

2

If the examiner considers—

a

that there is any respect in which the drafting requirements have not been complied with, and

b

that the non-compliance with the drafting requirements cannot be remedied by the making of modifications to the draft,

the examiner must recommend that the draft be rejected.

3

Subsection (4) applies if the examiner considers—

a

that there is any respect in which the drafting requirements have not been complied with, and

b

that the non-compliance with the drafting requirements could be remedied by the making of modifications to the draft.

4

The examiner must—

a

specify the respects in which the drafting requirements have not been complied with,

b

recommend modifications that the examiner considers sufficient and necessary to remedy that non-compliance, and

c

recommend that the draft be approved with—

i

those modifications, or

ii

other modifications sufficient and necessary to remedy that non-compliance.

5

Subject to subsections (2) to (4), the examiner must recommend that the draft be approved.

6

If the examiner makes recommendations under subsection (4), the examiner may recommend other modifications with which the draft should be approved in the event that it is approved.

7

If the examiner makes recommendations under subsection (5), the examiner may recommend modifications with which the draft should be approved in the event that it is approved.

1

A charging authority may approve a charging schedule only if—

a

the examiner makes recommendations under section 212A(4) or (5), and

b

the charging authority has had regard to those recommendations and the examiner's reasons for them.

1A

Accordingly, a charging authority may not approve a charging schedule if, under section 212A(2), the examiner recommends rejection.

1B

If the examiner makes recommendations under section 212A(4), the charging authority may approve the charging schedule only if it does so with modifications that are sufficient and necessary to remedy the non-compliance specified under section 212A(4)(a) (although those modifications need not be the ones recommended under section 212A(4)(b)).

1C

If a charging authority approves a charging schedule, it may do so with all or none, or some one or more, of the modifications (if any) recommended under section 212A(6) or (7).

1D

The modifications with which a charging schedule may be approved include only—

a

modifications required by subsection (1B), and

b

modifications allowed by subsection (1C).

3A

Subsection (3B) applies if—

a

the examiner makes recommendations under section 212A(4), and

b

the charging schedule is approved by the charging authority.

3B

The charging authority must publish a report setting out how the charging schedule as approved remedies the non-compliance specified under section 212A(4)(a).

3C

CIL regulations may make provision about the form or contents of a report under subsection (3B).

5

In this section “examiner” means examiner under section 212.

aa

to have regard, to the extent and in the manner specified by the regulations, to actual and expected costs of anything other than infrastructure that is concerned with addressing demands that development places on an area (whether by reference to lists prepared by virtue of section 216(5)(a) or otherwise);

ab

to have regard, to the extent and in the manner specified by the regulations, to other actual and expected sources of funding for anything other than infrastructure that is concerned with addressing demands that development places on an area;

216ADuty to pass receipts to other persons

1

CIL regulations may require that CIL received in respect of development of land in an area is to be passed by the charging authority that charged the CIL to a person other than that authority.

2

CIL regulations must contain provision to secure that money passed to a person in discharge of a duty under subsection (1) is used to support the development of the area to which the duty relates, or of any part of that area, by funding—

a

the provision, improvement, replacement, operation or maintenance of infrastructure, or

b

anything else that is concerned with addressing demands that development places on an area.

3

A duty under subsection (1) may relate to—

a

the whole of a charging authority's area or the whole of the combined area of two or more charging authorities, or

b

part only of such an area or combined area.

4

CIL regulations may make provision about the persons to whom CIL may or must, or may not, be passed in discharge of a duty under subsection (1).

5

A duty under subsection (1) may relate—

a

to all CIL (if any) received in respect of the area to which the duty relates, or

b

such part of that CIL as is specified in, or determined under or in accordance with, CIL regulations.

6

CIL regulations may make provision in connection with the timing of payments in discharge of a duty under subsection (1).

7

CIL regulations may, in relation to CIL passed to a person in discharge of a duty under subsection (1), make provision about—

a

accounting for the CIL,

b

monitoring its use,

c

reporting on its use,

d

responsibilities of charging authorities for things done by the person in connection with the CIL,

e

recovery of the CIL, and any income or profits accruing in respect of it or from its application, in cases where—

i

anything to be funded by it has not been provided, or

ii

it has been misapplied,

including recovery of sums or other assets representing it or any such income or profits, and

f

use of anything recovered in cases where—

i

anything to be funded by the CIL has not been provided, or

ii

the CIL has been misapplied.

8

This section does not limit section 216(7)(f).

216BUse of CIL in an area to which section 216A(1) duty does not relate

1

Subsection (2) applies where—

a

there is an area to which a particular duty under section 216A(1) relates, and

b

there is also an area to which that duty does not relate (“the uncovered area”).

2

CIL regulations may provide that the charging authority that charges CIL received in respect of development of land in the uncovered area may apply the CIL, or cause it to be applied, to—

a

support development by funding the provision, improvement, replacement, operation or maintenance of infrastructure, or

b

support development of the uncovered area, or of any part of that area, by funding anything else that is concerned with addressing demands that development places on an area.

3

Provision under subsection (2) may relate to the whole, or part only, of the uncovered area.

4

Provision under subsection (2) may relate—

a

to all CIL (if any) received in respect of the area to which the provision relates, or

b

such part of that CIL as is specified in, or determined under or in accordance with, CIL regulations.

Consultation before applying for planning permission

61WRequirement to carry out pre-application consultation

1

Where—

a

a person proposes to make an application for planning permission for the development of any land in England, and

b

the proposed development is of a description specified in a development order,

the person must carry out consultation on the proposed application in accordance with subsections (2) and (3).

2

The person must publicise the proposed application in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land.

3

The person must consult each specified person about the proposed application.

4

Publicity under subsection (2) must—

a

set out how the person (“P”) may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development, and

b

give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

5

In subsection (3) “specified person” means a person specified in, or of a description specified in, a development order.

6

Subsection (1) does not apply—

a

if the proposed application is an application under section 293A, or

b

in cases specified in a development order.

7

A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice (if any) given by the local planning authority about local good practice.

61XDuty to take account of responses to consultation

1

Subsection (2) applies where a person—

a

has been required by section 61W(1) to carry out consultation on a proposed application for planning permission, and

b

proposes to go ahead with making an application for planning permission (whether or not in the same terms as the proposed application).

2

The person must, when deciding whether the application that the person is actually to make should be in the same terms as the proposed application, have regard to any responses to the consultation that the person has received.

61YPower to make supplementary provision

1

A development order may make provision about, or in connection with, consultation which section 61W(1) requires a person to carry out on a proposed application for planning permission.

2

The provision that may be made under subsection (1) includes (in particular)—

a

provision about, or in connection with, publicising the proposed application;

b

provision about, or in connection with, the ways of responding to the publicity;

c

provision about, or in connection with, consultation under section 61W(3);

d

provision about, or in connection with, collaboration between the person and others on the design of the proposed development;

e

provision as to the timetable (including deadlines) for—

i

compliance with section 61W(1),

ii

responding to publicity under section 61W(2), or

iii

responding to consultation under section 61W(3);

f

provision for the person to prepare a statement setting out how the person proposes to comply with section 61W(1);

g

provision for the person to comply with section 61W(1) in accordance with a statement required by provision under paragraph (f).

3

Provision under subsection (1) may be different for different cases.

7

In subsection (8) “a relevant application” means the application for planning permission in a case where a person—

a

has been required by section 61W(1) to carry out consultation on a proposed application for planning permission, and

b

is going ahead with making an application for planning permission (whether or not in the same terms as the proposed application).

8

A development order must require that a relevant application be accompanied by particulars of—

a

how the person complied with section 61W(1),

b

any responses to the consultation that were received by the person, and

c

the account taken of those responses.

70CPower to decline to determine retrospective application

1

A local planning authority in England may decline to determine an application for planning permission for the development of any land if granting planning permission for the development would involve granting, whether in relation to the whole or any part of the land to which a pre-existing enforcement notice relates, planning permission in respect of the whole or any part of the matters specified in the enforcement notice as constituting a breach of planning control.

2

For the purposes of the operation of this section in relation to any particular application for planning permission, a “pre-existing enforcement notice” is an enforcement notice issued before the application was received by the local planning authority.

2A

An appeal may not be brought on the ground specified in subsection (2)(a) if—

a

the land to which the enforcement notice relates is in England, and

b

the enforcement notice was issued at a time—

i

after the making of a related application for planning permission, but

ii

before the end of the period applicable under section 78(2) in the case of that application.

2B

An application for planning permission for the development of any land is, for the purposes of subsection (2A), related to an enforcement notice if granting planning permission for the development would involve granting planning permission in respect of the matters specified in the enforcement notice as constituting a breach of planning control.

1C

If the land to which the enforcement notice relates is in England, subsection (1)(a) applies only if the statement under section 174(4) specifies the ground mentioned in section 174(2)(a).

Where an appeal against an enforcement notice is brought under section 174 and—

a

the land to which the enforcement notice relates is in Wales, or

b

that land is in England and the statement under section 174(4) specifies the ground mentioned in section 174(2)(a),

the appellant

171BATime limits in cases involving concealment

1

Where it appears to the local planning authority that there may have been a breach of planning control in respect of any land in England, the authority may apply to a magistrates' court for an order under this subsection (a “planning enforcement order”) in relation to that apparent breach of planning control.

2

If a magistrates' court makes a planning enforcement order in relation to an apparent breach of planning control, the local planning authority may take enforcement action in respect of—

a

the apparent breach, or

b

any of the matters constituting the apparent breach,

at any time in the enforcement year.

3

“The enforcement year” for a planning enforcement order is the year that begins at the end of 22 days beginning with the day on which the court's decision to make the order is given, but this is subject to subsection (4).

4

If an application under section 111(1) of the Magistrates' Courts Act 1980 (statement of case for opinion of High Court) is made in respect of a planning enforcement order, the enforcement year for the order is the year beginning with the day on which the proceedings arising from that application are finally determined or withdrawn.

5

Subsection (2)—

a

applies whether or not the time limits under section 171B have expired, and

b

does not prevent the taking of enforcement action after the end of the enforcement year but within those time limits.

171BBPlanning enforcement orders: procedure

1

An application for a planning enforcement order in relation to an apparent breach of planning control may be made within the 6 months beginning with the date on which evidence of the apparent breach of planning control sufficient in the opinion of the local planning authority to justify the application came to the authority's knowledge.

2

For the purposes of subsection (1), a certificate—

a

signed on behalf of the local planning authority, and

b

stating the date on which evidence sufficient in the authority's opinion to justify the application came to the authority's knowledge,

is conclusive evidence of that fact.

3

A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.

4

Where the local planning authority apply to a magistrates' court for a planning enforcement order in relation to an apparent breach of planning control in respect of any land, the authority must serve a copy of the application—

a

on the owner and on the occupier of the land, and

b

on any other person having an interest in the land that is an interest which, in the opinion of the authority, would be materially affected by the taking of enforcement action in respect of the apparent breach.

5

The persons entitled to appear before, and be heard by, the court hearing an application for a planning enforcement order in relation to an apparent breach of planning control in respect of any land include—

a

the applicant,

b

any person on whom a copy of the application was served under subsection (4), and

c

any other person having an interest in the land that is an interest which, in the opinion of the court, would be materially affected by the taking of enforcement action in respect of the apparent breach.

6

In this section “planning enforcement order” means an order under section 171BA(1).

171BCMaking a planning enforcement order

1

A magistrates' court may make a planning enforcement order in relation to an apparent breach of planning control only if—

a

the court is satisfied, on the balance of probabilities, that the apparent breach, or any of the matters constituting the apparent breach, has (to any extent) been deliberately concealed by any person or persons, and

b

the court considers it just to make the order having regard to all the circumstances.

2

A planning enforcement order must—

a

identify the apparent breach of planning control to which it relates, and

b

state the date on which the court's decision to make the order was given.

3

In this section “planning enforcement order” means an order under section 171BA(1).

3A

In determining for the purposes of this section whether the time for taking enforcement action in respect of a matter has expired, that time is to be taken not to have expired if—

a

the time for applying for an order under section 171BA(1) (a “planning enforcement order”) in relation to the matter has not expired,

b

an application has been made for a planning enforcement order in relation to the matter and the application has neither been decided nor been withdrawn, or

c

a planning enforcement order has been made in relation to the matter, the order has not been rescinded and the enforcement year for the order (whether or not it has begun) has not expired.

fine—

a

not exceeding level 4 on the standard scale if the land is in England;

b

not exceeding level 3 on the standard scale if the land is in Wales

4A

Proceedings for an offence under subsection (4) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor's knowledge.

4B

Subsection (4A) does not authorise the commencement of proceedings for an offence more than 3 years after the date on which the offence was committed.

4C

For the purposes of subsection (4A), a certificate—

a

signed by or on behalf of the prosecutor, and

b

stating the date on which evidence sufficient in the prosecutor's opinion to justify the proceedings came to the prosecutor's knowledge,

is conclusive evidence of that fact.

4D

A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.

4E

Subsection (4A) does not apply in relation to an offence in respect of a tree in Wales.

7

Proceedings for an offence under subsection (3) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor's knowledge.

8

Subsection (7) does not authorise the commencement of proceedings for an offence more than 3 years after the date on which the offence was committed.

9

For the purposes of subsection (7), a certificate—

a

signed by or on behalf of the prosecutor, and

b

stating the date on which evidence sufficient in the prosecutor's opinion to justify the proceedings came to the prosecutor's knowledge,

is conclusive evidence of that fact.

10

A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.

11

Subsection (7) does not apply in relation to an offence in respect of an advertisement in Wales.

225APower to remove structures used for unauthorised display

1

Subject to subsections (2), (3) and (5) and the right of appeal under section 225B, the local planning authority for an area in England may remove, and then dispose of, any display structure—

a

which is in their area; and

b

which, in the local planning authority's opinion, is used for the display of advertisements in contravention of regulations under section 220.

2

Subsection (1) does not authorise the removal of a display structure in a building to which there is no public right of access.

3

The local planning authority may not under subsection (1) remove a display structure unless the local planning authority have first served a removal notice on a person who appears to the local planning authority to be responsible for the erection or maintenance of the display structure.

4

Subsection (3) applies only if there is a person—

a

who appears to the local planning authority to be responsible for the erection or maintenance of the display structure; and

b

whose name and address are either known by the local planning authority or could be ascertained by the local planning authority after reasonable enquiry.

5

If subsection (3) does not apply, the local planning authority may not under subsection (1) remove a display structure unless the local planning authority have first—

a

fixed a removal notice to the display structure or exhibited a removal notice in the vicinity of the display structure; and

b

served a copy of that notice on the occupier of the land on which the display structure is situated.

6

Subsection (5)(b) applies only if the local planning authority know who the occupier is or could identify the occupier after reasonable enquiry.

7

Where—

a

the local planning authority has served a removal notice in accordance with subsection (3) or (5)(b), and

b

the display structure is not removed by the time specified in the removal notice,

the local planning authority may recover, from any person on whom the removal notice has been served under subsection (3) or (5)(b), expenses reasonably incurred by the local planning authority in exercising the local planning authority's power under subsection (1).

8

Expenses are not recoverable under subsection (7) from a person if the person satisfies the local planning authority that the person was not responsible for the erection of the display structure and is not responsible for its maintenance.

9

Where in the exercise of power under subsection (1) any damage is caused to land or chattels, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power, but compensation is not recoverable under this subsection or section 325(6)—

a

for damage caused to the display structure; or

b

for damage reasonably caused in removing the display structure.

10

The provisions of section 118 apply in relation to compensation under subsection (9) as they apply in relation to compensation under Part 4.

11

In this section “removal notice”, in relation to a display structure, means notice—

a

stating that in the local planning authority's opinion the display structure is used for the display of advertisements in contravention of regulations under section 220;

b

stating that the local planning authority intend after a time specified in the notice to remove the display structure; and

c

stating the effect of subsections (7) and (8).

12

A time specified under subsection (11)(b) may not be earlier than the end of 22 days beginning with the date of the notice.

13

In this section “display structure” means (subject to subsection (14))—

a

a hoarding or similar structure used, or designed or adapted for use, for the display of advertisements;

b

anything (other than a hoarding or similar structure) principally used, or designed or adapted principally for use, for the display of advertisements;

c

a structure that is itself an advertisement; or

d

fitments used to support anything within any of paragraphs (a) to (c).

14

Something is a “display structure” for the purpose of this section only if—

a

its use for the display of advertisement requires consent under this Chapter, and

b

that consent has not been granted and is not deemed to have been granted.

15

In subsection (13) “structure” includes movable structure.

225BAppeal against notice under section 225A

1

A person on whom a removal notice has been served in accordance with section 225A(3) or (5)(b) may appeal to a magistrates' court on any of the following grounds—

a

that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;

b

that there has been some informality, defect or error in, or in connection with, the notice;

c

that the period between the date of the notice and the time specified in the notice is not reasonably sufficient for the removal of the display structure;

d

that the notice should have been served on another person.

2

For the purposes of subsection (3), a person is a “permitted appellant” in relation to a removal notice if—

a

the removal notice has been fixed or exhibited in accordance with section 225A(5)(a);

b

the person is an owner or occupier of the land on which the display structure concerned is situated; and

c

no copy of the removal notice has been served on the person in accordance with section 225A(5)(b).

3

A person who is a permitted appellant in relation to a removal notice may appeal to a magistrates' court on any of the following grounds—

a

that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;

b

that there has been some informality, defect or error in, or in connection with, the notice;

c

that the period between the date of the notice and the time specified in the notice is not reasonably sufficient for the removal of the display structure.

4

So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (3)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

5

If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the removal notice should have been served in accordance with section 225A(3) or (5)(b).

6

If—

a

a removal notice is served on a person in accordance with section 225A(3) or (5)(b), and

b

the local planning authority bring proceedings against the person for the recovery under section 225A(7) of any expenses,

it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).

7

In this section “removal notice” and “display structure” have the same meaning as in section 225A.

225CRemedying persistent problems with unauthorised advertisements

1

Subsections (2) and (3) apply if the local planning authority for an area in England have reason to believe that there is a persistent problem with the display of unauthorised advertisements on a surface of—

a

any building, wall, fence or other structure or erection; or

b

any apparatus or plant.

2

The local planning authority may serve an action notice on the owner or occupier of the land in or on which the surface is situated.

3

If after reasonable enquiry the local planning authority—

a

are unable to ascertain the name and address of the owner, and

b

are unable to ascertain the name and address of the occupier,

the local planning authority may fix an action notice to the surface.

4

For the purposes of this section “an action notice”, in relation to a surface, is a notice requiring the owner or occupier of the land in or on which the surface is situated to carry out the measures specified in the notice by a time specified in the notice.

5

A time may be specified in an action notice if it is a reasonable time not earlier than the end of 28 days beginning with the date of the notice.

6

Measures may be specified in an action notice if they are reasonable measures to prevent or reduce the frequency of the display of unauthorised advertisements on the surface concerned.

7

The time by which an owner or occupier must comply with an action notice may be postponed by the local planning authority.

8

This section has effect subject to—

a

the other provisions of the enactments relating to town and country planning;

b

the provisions of the enactments relating to historic buildings and ancient monuments; and

c

Part 2 of the Food and Environmental Protection Act 1985 (which relates to deposits in the sea).

9

Subsection (10) applies if—

a

an action notice is served under subsection (2) or fixed under subsection (3); and

b

the measures specified in the notice are not carried out by the time specified in the notice.

10

The local planning authority may—

a

carry out the measures; and

b

recover expenses reasonably incurred by the local planning authority in doing that from the person required by the action notice to do it.

11

Power under subsection (10)(a) is subject to the right of appeal under section 225D.

12

Where in the exercise of power under subsection (10)(a) any damage is caused to land or chattels, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power, but compensation is not recoverable under this subsection for damage reasonably caused in carrying out the measures.

13

The provisions of section 118 apply in relation to compensation under subsection (12) as they apply in relation to compensation under Part 4.

14

The local planning authority may not recover expenses under subsection (10)(b) in respect of a surface that—

a

forms part of a flat or a dwellinghouse;

b

is within the curtilage of a dwellinghouse; or

c

forms part of the boundary of the curtilage of a dwellinghouse.

15

Each of sections 275 and 291 of the Public Health Act 1936 (provision for authority to agree to take the required measures at expense of owner or occupier, and provision for expenses to be recoverable also from owner's successor or from occupier and to be charged on premises concerned) applies as if the reference in that section to that Act included a reference to this section.

16

In this section—

• “dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;

• “flat” means a separate and self-contained set of premises constructed or adapted for use as a dwelling and forming part of a building from some other part of which it is divided horizontally;

• “unauthorised advertisement” means an advertisement in respect of which an offence—

  1. a

     under section 224(3), or

  2. b

     under section 132 of the Highways Act 1980 (unauthorised marks on highway),

  is committed after the coming into force of this section.

225DRight to appeal against notice under section 225C

1

A person on whom notice has been served under section 225C(2) may appeal to a magistrates' court on any of the following grounds—

a

that there is no problem with the display of unauthorised advertisements on the surface concerned or any such problem is not a persistent one;

b

that there has been some informality, defect or error in, or in connection with, the notice;

c

that the time within which the measures specified in the notice are to be carried out is not reasonably sufficient for the purpose;

d

that the notice should have been served on another person.

2

The occupier or owner of premises which include a surface to which a notice has been fixed under section 225C(3) may appeal to a magistrates' court on any of the following grounds—

a

that there is no problem with the display of unauthorised advertisements on the surface concerned or any such problem is not a persistent one;

b

that there has been some informality, defect or error in, or in connection with, the notice;

c

that the time within which the measures specified in the notice are to be carried out is not reasonably sufficient for the purpose.

3

So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

4

If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the notice under section 225C(2) should have been served.

5

If—

a

notice under section 225C(2) is served on a person, and

b

the local planning authority bring proceedings against the person for the recovery under section 225C(10)(b) of any expenses,

it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).

225EApplying section 225C to statutory undertakers' operational land

1

Subsection (2) and (3) apply where the local planning authority serves a notice under section 225C(2) requiring a statutory undertaker to carry out measures in respect of the display of unauthorised advertisements on a surface on its operational land.

2

The statutory undertaker may, within 28 days beginning with the date of service of the notice, serve a counter-notice on the local planning authority specifying alternative measures which will in the statutory undertaker's reasonable opinion have the effect of preventing or reducing the frequency of the display of unauthorised advertisements on the surface to at least the same extent as the measures specified in the notice.

3

Where a counter-notice is served under subsection (2), the notice under section 225C(2) is to be treated—

a

as requiring the alternative measures specified in the counter-notice to be carried out (instead of the measures actually required by the notice under section 225C(2)); and

b

as having been served on the date on which the counter-notice is served.

4

The time by which a statutory undertaker must carry out the measures specified in a counter-notice served under subsection (2) may be postponed by the local planning authority.

CHAPTER 4Remedying defacement of premises

225FPower to remedy defacement of premises

1

Subsections (2) and (3) apply if—

a

premises in England include a surface that is readily visible from a place to which the public have access;

b

either—

i

the surface does not form part of the operational land of a statutory undertaker, or

ii

the surface forms part of the operational land of a statutory undertaker and subsection (11) applies to the surface;

c

there is a sign on the surface; and

d

the local planning authority consider the sign to be detrimental to the amenity of the area or offensive.

2

The local planning authority may serve on the occupier of the premises a notice requiring the occupier to remove or obliterate the sign by a time specified in the notice.

3

If it appears to the local planning authority that there is no occupier of the premises, the local planning authority may fix to the surface a notice requiring the owner or occupier of the premises to remove or obliterate the sign by a time specified in the notice.

4

A time specified under subsection (2) or (3) may not be earlier than the end of 15 days beginning the date of service or fixing of the notice.

5

Subsection (6) applies if—

a

a notice is served under subsection (2) or fixed under subsection (3); and

b

the sign is neither removed nor obliterated by the time specified in the notice.

6

The local planning authority may—

a

remove or obliterate the sign; and

b

recover expenses reasonably incurred by the local planning authority in doing that from the person required by the notice to do it.

7

Power under subsection (6)(a) is subject to the right of appeal under section 225I.

8

Expenses may not be recovered under subsection (6)(b) if the surface—

a

forms part of a flat or a dwellinghouse;

b

is within the curtilage of a dwellinghouse; or

c

forms part of the boundary of the curtilage of a dwellinghouse.

9

Section 291 of the Public Health Act 1936 (provision for expenses to be recoverable also from owner's successor or from occupier and to be charged on premises concerned) applies as if the reference in that section to that Act included a reference to this section.

10

For the purposes of this section, a universal postal service provider is treated as being the occupier of any plant or apparatus that consists of a universal postal service letter box or a universal postal service pouch-box belonging to it.

11

This subsection applies to a surface if the surface abuts on, or is one to which access is given directly from, either—

a

a street; or

b

any place, other than a street, to which the public have access as of right.

12

In this section—

• “dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;

• “flat” means a separate and self-contained set of premises constructed or adapted for use as a dwelling and forming part of a building from some other part of which it is divided horizontally;

• “premises” means building, wall, fence or other structure or erection, or apparatus or plant;

• “sign”—

  1. a

     includes any writing, letter, picture, device or representation, but

  2. b

     does not include an advertisement;

• “statutory undertaker” does not include a relevant airport operator (within the meaning of Part 5 of the Airports Act 1986);

• “street” includes any highway, any bridge carrying a highway and any road, lane, mews, footway, square, court, alley or passage, whether a thoroughfare or not;

• “universal postal service letter box” has the meaning given in section 86(4) of the Postal Services Act 2000;

• “universal postal service pouch-box” has the meaning given in paragraph 1(10) of Schedule 6 to that Act.

225GNotices under section 225F in respect of post boxes

1

The local planning authority may serve a notice under section 225F(2) on a universal postal service provider in respect of a universal postal service letter box, or universal postal service pouch-box, belonging to the provider only if—

a

the authority has served on the provider written notice of the authority's intention to do so; and

b

the period of 28 days beginning with the date of service of that notice has ended.

2

In this section—

• “universal postal service letter box” has the meaning given in section 86(4) of the Postal Services Act 2000;

• “universal postal service pouch-box” has the meaning given in paragraph 1(10) of Schedule 6 to that Act.

225HSection 225F powers as respects bus shelters and other street furniture

1

The local planning authority may exercise the power conferred by section 225F(6)(a) to remove or obliterate a sign from any surface on a bus shelter, or other street furniture, of a statutory undertaker that is not situated on operational land of the statutory undertaker only if—

a

the authority has served on the statutory undertaker notice of the authority's intention to do so;

b

the notice specified the bus shelter, or other street furniture, concerned; and

c

the period of 28 days beginning with the date of service of the notice has ended.

2

In this section “statutory undertaker” does not include an airport operator (within the meaning of Part 5 of the Airports Act 1986).

225IRight to appeal against notice under section 225F

1

A person on whom notice has been served under section 225F(2) may appeal to a magistrates' court on any of the following grounds—

a

that the sign concerned is neither detrimental to the amenity of the area nor offensive;

b

that there has been some informality, defect or error in, or in connection with, the notice;

c

that the time within which the sign concerned is to be removed or obliterated is not reasonably sufficient for the purpose;

d

that the notice should have been served on another person.

2

The occupier or owner of premises which include a surface to which a notice has been fixed under section 225F(3) may appeal to a magistrates' court on any of the following grounds—

a

that the sign concerned is neither detrimental to the amenity of the area nor offensive;

b

that there has been some informality, defect or error in, or in connection with, the notice;

c

that the time within which the sign concerned is to be removed or obliterated is not reasonably sufficient for the purpose.

3

So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

4

If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the notice under section 225F(2) should have been served.

5

If—

a

notice under section 225F(2) is served on a person, and

b

the local planning authority bring proceedings against the person for the recovery under section 225F(6)(b) of any expenses,

it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).

225JRemedying defacement at owner or occupier's request

1

Subsection (2) applies if—

a

premises in England include a surface that is readily visible from a place to which the public have access;

b

there is a sign on the surface; and

c

the owner or occupier of the premises asks the local planning authority to remove or obliterate the sign.

2

The local planning authority may—

a

remove or obliterate the sign; and

b

recover expenses reasonably incurred by the local planning authority in doing that from the person who asked the local planning authority to do it.

3

In this section “premises” means building, wall, fence or other structure or erection, or apparatus or plant.

4

In this section “sign”—

a

includes—

i

any writing, letter, picture, device or representation, and

ii

any advertisement, but

b

does not include an advertisement for the display of which deemed or express consent has been granted under Chapter 3.

CHAPTER 5Application of provisions of Chapters 3 and 4 to statutory undertakers

225KAction under sections 225A, 225C and 225F: operational land

1

This section applies in relation to the exercise by the local planning authority of—

a

power conferred by section 225A(1), or section 324(3) so far as applying for the purposes of section 225A(1), to—

i

enter on any operational land of a statutory undertaker, or

ii

remove a display structure situated on operational land of a statutory undertaker;

b

power conferred by section 225C(10)(a), or section 324(3) so far as applying for the purposes of section 225C(10)(a), to—

i

enter on any operational land of a statutory undertaker, or

ii

carry out any measures to prevent or reduce the frequency of the display of unauthorised advertisements on a surface on operational land of a statutory undertaker; or

c

power conferred by section 225F(6)(a), or section 324(3) so far as applying for the purposes of section 225F(6)(a), to—

i

enter on any operational land of a statutory undertaker, or

ii

remove or obliterate a sign on a surface of premises that are, or are on, operational land of a statutory undertaker.

2

The authority may exercise the power only if—

a

the authority has served on the statutory undertaker notice of the authority's intention to do so;

b

the notice specified the display structure, surface or sign concerned and its location; and

c

the period of 28 days beginning with the date of service of the notice has ended.

3

If—

a

a notice under subsection (2) is served on a statutory undertaker, and

b

within 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority specifying conditions subject to which the power is to be exercised,

the power may only be exercised subject to, and in accordance with, the conditions specified in the counter-notice.

4

The conditions which may be specified in a counter-notice under subsection (3) are conditions which are—

a

necessary or expedient in the interests of safety or the efficient and economic operation of the undertaking concerned; or

b

for the protection of any works, apparatus or other property not vested in the statutory undertaker which are lawfully present on, in, under or over the land upon which entry is proposed to be made.

5

If—

a

a notice under subsection (2) is served on a statutory undertaker, and

b

within 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority requiring the local planning authority to refrain from exercising the power,

the power may not be exercised.

6

A counter-notice under subsection (5) may be served only if the statutory undertaker has reasonable grounds to believe, for reasons connected with the operation of its undertaking, that the power cannot be exercised under the circumstances in question—

a

without risk to the safety of any person; or

b

without unreasonable risk to the efficient and economic operation of the statutory undertaker's undertaking.

7

In this section “statutory undertaker” does not include an airport operator (within the meaning of Part 5 of the Airports Act 1986).

11

The definition of “an advertising offence” given by section 4 of this Act applies for the purposes of subsection (10) above with—

a

the omission of paragraphs (a) and (b), and

b

in paragraph (d), the substitution of “ paragraph ” for “paragraphs (a) to”.

and—

a

the consideration period for the statement has expired without the House of Commons resolving during that period that the statement should not be proceeded with, or

b

the statement has been approved by resolution of the House of Commons—

i

after being laid before Parliament under section 9(8), and

ii

before the end of the consideration period.

4A

In subsection (4) “the consideration period”, in relation to a statement, means the period of 21 sitting days beginning with the first sitting day after the day on which the statement is laid before Parliament under section 9(8), and here “sitting day” means a day on which the House of Commons sits.

and—

a

the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should not be proceeded with, or

b

the amendment has been approved by resolution of the House of Commons—

i

after being laid before Parliament under section 9(8), and

ii

before the end of the consideration period.

7A

In subsection (7) “the consideration period”, in relation to an amendment, means the period of 21 sitting days beginning with the first sitting day after the day on which the amendment is laid before Parliament under section 9(8), and here “sitting day” means a day on which the House of Commons sits.

6AInterpretation of sections 5(4) and 6(7)

1

This section applies for the purposes of section 5(4) and 6(7).

2

The consultation and publicity requirements set out in section 7 are to be treated as having been complied with in relation to a statement or proposed amendment (“the final proposal”) if—

a

they have been complied with in relation to a different statement or proposed amendment (“the earlier proposal”),

b

the final proposal is a modified version of the earlier proposal, and

c

the Secretary of State thinks that the modifications do not materially affect the policy as set out in the earlier proposal.

3

The consultation and publicity requirements set out in section 7 are also to be treated as having been complied with in relation to a statement or proposed amendment (“the final proposal”) if—

a

they have been complied with—

i

in relation to a different statement or proposed amendment (“the earlier proposal”), and

ii

in relation to modifications of the earlier proposal (“the main modifications”),

b

the final proposal is a modified version of the earlier proposal, and

c

there are no modifications other than the main modifications or, where the modifications include modifications other than the main modifications, the Secretary of State thinks that those other modifications do not materially affect the policy as set out in the earlier proposal modified by the main modifications.

4

If section 9(8) has been complied with in relation to a statement or proposed amendment (“the final proposal”), the parliamentary requirements set out in section 9(2) to (7) are to be treated as having been complied with in relation to the final proposal where—

a

the final proposal is not the same as what was laid under section 9(2), but

b

those requirements have been complied with in relation to what was laid under section 9(2).

5

Ignore any corrections of clerical or typographical errors in what was laid under section 9(8).

6BExtension of consideration period under section 5(4A) or 6(7A)

1

The Secretary of State may—

a

in relation to a proposed national policy statement, extend the period mentioned in section 5(4A), or

b

in relation to a proposed amendment of a national policy statement, extend the period mentioned in section 6(7A),

by 21 sitting days or less.

2

The Secretary of State does that by laying before the House of Commons a statement—

a

indicating that the period is to be extended, and

b

setting out the length of the extension.

3

The statement under subsection (2) must be laid before the period would have expired without the extension.

4

The Secretary of State must publish the statement under subsection (2) in a way the Secretary of State thinks appropriate.

5

The period may be extended more than once.

aa

B is a unitary council or a lower-tier district council,

3A

If any of the locations concerned is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this subsection if—

a

D is not a lower-tier district council, and

b

any part of the boundary of D's area is also part of the boundary of C's area.

5

In this section—

• “lower-tier district council” means a district council in England for an area for which there is a county council;

• “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

• “upper-tier county council” means a county council in England for each part of whose area there is a district council.

8

After the end of the relevant period, but not before the Secretary of State complies with subsection (5) if it applies, the Secretary of State must lay the proposal before Parliament.

9

If after subsection (8) has been complied with—

a

something other than what was laid under subsection (8) becomes the proposal, or

b

what was laid under subsection (8) remains the proposal, or again becomes the proposal, despite the condition in section 5(4)(a) not having been met in relation to it,

subsection (8) must be complied with anew.

10

For the purposes of subsection (9)(a) and (b) ignore any proposal to correct clerical or typographical errors in what was laid under subsection (8).

5

The Secretary of State may by order—

a

amend subsection (1) or (2)—

i

to add or remove a type of consent, or

ii

to vary the cases in relation to which a type of consent is within that subsection;

b

make further provision, or amend or repeal provision, about—

i

the types of consent that are, and are not, within subsection (1) or (2), or

ii

the cases in relation to which a type of consent is, or is not, within either of those subsections.

6

In this section “consent” means—

a

a consent or authorisation that is required, under legislation, to be obtained for development,

b

a consent, or authorisation, that—

i

may authorise development, and

ii

is given under legislation, or

c

a notice that is required by legislation to be given in relation to development.

7

In subsection (6) “legislation” means an Act or an instrument made under an Act.

8

An order under subsection (5) may not affect—

a

a requirement for a devolved consent to be obtained for, or given in relation to, development, or

b

whether development may be authorised by a devolved consent.

9

A consent is “devolved” for the purposes of subsection (8) if—

a

provision for the consent would be within the legislative competence of the National Assembly for Wales if the provision were contained in an Act of the Assembly,

b

provision for the consent is, or could be, made by the Welsh Ministers in an instrument made under an Act,

c

the consent is not within subsection (6)(c) and the Welsh Ministers have a power or duty—

i

to decide, or give directions as to how to decide, whether the consent is given,

ii

to decide, or give directions as to how to decide, some or all of the terms on which the consent is given, or

iii

to revoke or vary the consent, or

d

the consent is within subsection (6)(c) and the notice has to be given to the Welsh Ministers or otherwise brought to their attention.

10

An order under subsection (5)(b) may amend this Act.

4

The Secretary of State may direct the development to be treated as development for which development consent is required.

4A

If no relevant application has been made, the power under subsection (4) is exercisable only in response to a qualifying request.

4B

If the Secretary of State gives a direction under subsection (4), the Secretary of State may—

a

if a relevant application has been made, direct the application to be treated as an application for an order granting development consent;

b

if a person proposes to make a relevant application, direct the proposed application to be treated as a proposed application for development consent.

4C

A direction under subsection (4) or (4B) may be given so as to apply for specified purposes or generally.

8A

An authority is within this subsection if a relevant application has been, or may be, made to it.

10

In this section—

• “qualifying request” means a written request, for a direction under subsection (4) or (4B), that—

  1. a

     specifies the development to which it relates, and

  2. b

     explains why the conditions in subsection (1)(b) and (c) are met in relation to the development;

• “relevant application” means an application, relating to the development, for a consent or authorisation mentioned in section 33(1) or (2);

• “relevant authority”—

  1. a

     in relation to a relevant application that has been made, means the authority to which the application was made, and

  2. b

     in relation to a relevant application that a person proposes to make, means the authority to which the person proposes to make the application.

35ATimetable for deciding request for direction under section 35

1

This section applies if the Secretary of State receives a qualifying request from a person (“R”).

2

The Secretary of State must make a decision on the qualifying request before the primary deadline, subject to subsection (3).

3

Subsection (2) does not apply if, before the primary deadline, the Secretary of State asks R to provide the Secretary of State with information for the purpose of enabling the Secretary of State to decide—

a

whether to give the direction requested, and

b

the terms in which it should be given.

4

If R—

a

is asked under subsection (3) to provide information, and

b

provides the information sought within the period of 14 days beginning with the day on which R is asked to do so,

the Secretary of State must make a decision on the qualifying request before the end of the period of 28 days beginning with the day the Secretary of State receives the information.

5

In this section—

• “the primary deadline” means the end of the period of 28 days beginning with the day on which the Secretary of State receives the qualifying request;

• “qualifying request” has the meaning given by section 35(10).

aa

B is a unitary council or a lower-tier district council,

2A

If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

a

D is not a lower-tier district council, and

b

any part of the boundary of D's area is also part of the boundary of C's area.

3

In this section—

• “local authority” means—

  1. a

     a county council, or district council, in England;

  2. b

     a London borough council;

  3. c

     the Common Council of the City of London;

  4. d

     the Council of the Isles of Scilly;

  5. e

     a county council, or county borough council, in Wales;

  6. f

     a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

  7. g

     a National Park authority;

  8. h

     the Broads Authority;

• “lower-tier district council” means a district council in England for an area for which there is a county council;

• “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

• “upper-tier county council” means a county council in England for each part of whose area there is a district council.

2A

The Secretary of State may authorise the applicant to serve a notice on a person mentioned in subsection (3) requiring the person (“the recipient”) to give to the applicant in writing the name and address of any person the recipient believes is a person who, if the order sought by the application or proposed application were to be made and fully implemented, would or might be entitled—

a

as a result of the implementing of the order,

b

as a result of the order having been implemented, or

c

as a result of the use of the land once the order has been implemented,

to make a relevant claim.

5A

A notice under subsection (2A) must explain the circumstances in which a person would or might be entitled as mentioned in that subsection.

12

In subsection (3) as it applies for the purposes of subsection (2A) “the land” also includes any relevant affected land (see subsection (13)).

13

Where the applicant believes that, if the order sought by the application or proposed application were to be made and fully implemented, there would or might be persons entitled—

a

as a result of the implementing of the order,

b

as a result of the order having been implemented, or

c

as a result of the use of the land once the order has been implemented,

to make a relevant claim in respect of any land or in respect of an interest in any land, that land is “relevant affected land” for the purposes of subsection (12).

14

In this section “relevant claim” means—

a

a claim under section 10 of the Compulsory Purchase Act 1965 (compensation where satisfaction not made for compulsory purchase of land or not made for injurious affection resulting from compulsory purchase);

b

a claim under Part 1 of the Land Compensation Act 1973 (compensation for depreciation of land value by physical factors caused by use of public works);

c

a claim under section 152(3).

;

c

a claim under section 152(3).

;

c

a claim under section 152(3).

d

in subsection (14) for paragraph (a) there were substituted—

a

a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42);

e

in subsection (14)(b) the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973.

1A

Those provisions are any provision of or made under an Act for the purpose of implementing—

a

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended from time to time,

b

Council Directive 92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended from time to time, or

c

any EU instrument from time to time replacing all or any part of either of those Directives.

3A

Power conferred by subsection (1) for the purpose of complying with the provisions mentioned in subsection (1A) includes power to take, and process, samples of or from any of the following found on, in or over the land—

a

water,

b

air,

c

soil or rock,

d

its flora,

e

bodily excretions, or dead bodies, of non-human creatures, or

f

any non-living thing present as a result of human action.

za

in subsection (1A), the reference to an Act included an Act of the Scottish Parliament,

, and

f

that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory.

5A

The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must have regard to the extent to which—

a

the application complies with the requirements in section 37(3) (form and contents of application) and any standards set under section 37(5), and

b

any applicable guidance given under section 37(4) has been followed in relation to the application.

b

each local authority that is within section 56A,

56ALocal authorities for the purposes of sections 56(2)(b) and 60(2)(a)

1

A local authority is within this section if the land is in the authority's area.

2

A local authority (“A”) is within this section if—

a

the land is in the area of another local authority (“B”),

b

B is a unitary council or a lower-tier district council, and

c

any part of the boundary of A's area is also a part of the boundary of B's area.

3

If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

a

D is not a lower-tier district council, and

b

any part of the boundary of D's area is also part of the boundary of C's area.

4

In this section—

• “the land” means the land to which the application concerned relates or any part of that land;

• “local authority” has the meaning given in section 102(8);

• “lower-tier district council” means a district council in England for an area for which there is a county council;

• “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

• “upper-tier county council” means a county council in England for each part of whose area there is a district council.

a

each local authority that is within section 56A, and

88ALocal authorities for the purposes of section 88(3)(d)

1

A local authority (“A”) is within this section if—

a

the land is in the area of another local authority (“B”),

b

B is a unitary council or a lower-tier district council, and

c

any part of the boundary of A's area is also a part of the boundary of B's area.

2

If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

a

D is not a lower-tier district council, and

b

any part of the boundary of D's area is also part of the boundary of C's area.

3

In this section—

• “the land” means the land to which the application relates or any part of that land;

• “local authority” has the meaning given in section 102(8);

• “lower-tier district council” means a district council in England for an area for which there is a county council;

• “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

• “upper-tier county council” means a county council in England for each part of whose area there is a district council.

2A

Upon making the decisions required by subsection (1), the Examining authority must inform each person mentioned in section 88(3)(c) and (d)—

a

of those decisions, and

b

that the person may notify the Examining authority in writing that the person is to become an interested party.

102APersons in certain categories may ask to become interested parties etc

1

Subsection (2) applies if—

a

a person makes a request to the Examining authority to become an interested party,

b

the request states that the person claims to be within one or more of the categories set out in section 102B,

c

the person has not been notified of the acceptance of the application in accordance with section 56(2)(d), and

d

the applicant has issued a certificate under section 58 in relation to the application.

2

The Examining authority must decide whether it considers that the person is within one or more of the categories set out in section 102B.

3

If the Examining authority decides that it considers that the person is within one or more of the categories set out in section 102B, the Examining authority must notify the person, and the applicant, that the person has become an interested party under section 102(1)(ab).

4

If the Examining authority thinks that a person might successfully make a request mentioned in subsection (1)(a), the Examining authority may inform the person about becoming an interested party under section 102(1)(ab).

But the Examining authority is under no obligation to make enquiries in order to discover persons who might make such a request.

102BCategories for the purposes of section 102A

1

A person is within Category 1 if the person is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land.

2

A person is within Category 2 if the person—

a

is interested in the land, or

b

has power—

i

to sell and convey the land, or

ii

to release the land.

3

An expression, other than “the land”, that appears in subsection (2) of this section and also in section 5(1) of the Compulsory Purchase Act 1965 has in subsection (2) the meaning that it has in section 5(1) of that Act.

4

A person is within Category 3 if, should the order sought by the application be made and fully implemented, the person would or might be entitled—

a

as a result of the implementing of the order,

b

as a result of the order having been implemented, or

c

as a result of use of the land once the order has been implemented,

to make a relevant claim.

5

In subsection (4) “relevant claim” means—

a

a claim under section 10 of the Compulsory Purchase Act 1965 (compensation where satisfaction not made for the taking, or injurious affection, of land subject to compulsory purchase);

b

a claim under Part 1 of the Land Compensation Act 1973 (compensation for depreciation of land value by physical factors caused by use of public works);

c

a claim under section 152(3).

6

In this section “the land” means the land to which the application relates or any part of that land.

9A

Section 102B applies as if—

a

in subsection (2)(b), the words from “or” to the end were omitted,

b

in subsection (3), references to section 5(1) of the Compulsory Purchase Act 1965 were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, and

c

in subsection (5)—

i

for paragraph (a) there were substituted—

a

a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

ii

in paragraph (b), the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973.

beginning with—

a

the deadline for completion of its examination of the application, or

b

(if earlier) the end of the day on which it completes the examination.

ca

stating where and when a copy of the order is available for inspection in accordance with subsection (3)(za),

to—

a

the provisions of the development plan, so far as material to the application,

b

any local finance considerations, so far as material to the application, and

c

any other material considerations.

2A

Subsection (2)(b) does not apply in relation to Wales.

4

In this section—

• “local finance consideration” means—

  1. a

     a grant or other financial assistance that has been, or will or could be, provided to a relevant authority by a Minister of the Crown, or

  2. b

     sums that a relevant authority has received, or will or could receive, in payment of Community Infrastructure Levy;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “relevant authority” means—

  1. a

     a district council;

  2. b

     a county council in England;

  3. c

     the Mayor of London;

  4. d

     the council of a London borough;

  5. e

     a Mayoral development corporation;

  6. f

     an urban development corporation;

  7. g

     a housing action trust;

  8. h

     the Council of the Isles of Scilly;

  9. i

     the Broads Authority;

  10. j

      a National Park authority in England;

  11. k

      the Homes and Communities Agency; or

  12. l

      a joint committee established under section 29 of the Planning and Compulsory Purchase Act 2004.