Space Industry Act 2018

Powers in relation to land: supplementary

46 Special provisions relating to statutory undertakers

Schedule 9, which makes provision—

(a) about the assessment of compensation payable to a statutory undertaker in consequence of an order under section 39 or 41, and

(b) for the adjustment of the functions of statutory undertakers that may be necessary in consequence of such an order,

has effect.

47 Compensation in respect of planning decisions relating to spaceport safety etc: England and Wales and Scotland

(1) A local planning authority is entitled to recover from the relevant person a sum equal to any compensation that authority is liable to pay, if—

(a) the planning authority becomes liable to pay compensation under any of the provisions set out in subsection (3) (which relate to compensation for certain planning restrictions, for purchase notices that do not take effect and in respect of undertakers’ operational land), and

(b) the liability is attributable to a planning decision that would not have been taken, or an order that would not have been made, but for the need to secure the safe and efficient operation of—

(i) a spaceport, or

(ii) range control apparatus.

(2) “The relevant person” is—

(a) where subsection (1)(b)(i) applies, the person authorised to operate the spaceport by a spaceport licence;

(b) where subsection (1)(b)(ii) applies, the range control service provider who operates the relevant range control apparatus.

(3) The provisions are—

(a) sections 107, 108, 144(2) and 279(1) of the Town and Country Planning Act 1990 (“the 1990 Act”);

(b) sections 76, 77, 95(2) and 232(1) of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”).

(4) Where a sum is payable or paid by the relevant person to a local planning authority under subsection (1), the authority must refund to the relevant person any amount received by the authority in respect of compensation under sections 111 and 112 of the 1990 Act or section 82 of the 1997 Act (which relate to compensation on subsequent development).

(5) A local authority may by notice require the relevant person to purchase an interest from it for the relevant sum, if—

(a) a purchase notice is served under section 137 of the 1990 Act or section 88 of the 1997 Act in respect of a planning decision that would not have been made but for the need to secure the safe and efficient operation of the relevant spaceport or (as the case may be) the range control apparatus, and

(b) the local authority is deemed under section 139(3) or 143(1) of the 1990 Act or section 90(3) or 94(1) of the 1997 Act to have served a notice to treat in respect of the interest specified in the purchase notice.

“The relevant sum” is the amount of compensation payable by the local authority for the interest specified in the purchase notice.

(6) A notice under subsection (5)—

(a) must be in writing;

(b) must be given to the relevant person before the end of the period of one month beginning with the day on which the amount of compensation payable by the local authority for the interest specified in the purchase notice is agreed or determined.

(7) Where a notice is given to a relevant person under subsection (5), the relevant person is deemed to have contracted with the relevant local authority to purchase the interest for the relevant sum.

(8) Any dispute as to—

(a) whether a planning decision would not have been taken but for the need to secure the safe and efficient operation of a spaceport or range control apparatus, or

(b) whether an order would not have been made but for that need,

is to be referred to, and determined by, the Secretary of State.

(9) In this section—

• “local planning authority”, in relation to England and Wales, includes any authority to which functions of a local planning authority are delegated;

• “planning decision” means a decision made on an application under Part 3 of the 1990 Act or Part 3 of the 1997 Act;

• “range control apparatus” means apparatus operated by a range control service provider for the purposes of providing range control services.

48 Compensation in respect of planning decisions relating to spaceport safety etc: Northern Ireland

(1) A district council in Northern Ireland is entitled to recover from the relevant person a sum equal to any compensation that council is liable to pay, if—

(a) the council becomes liable to pay compensation to any person because of a planning decision taken under the Planning Act (Northern Ireland) 2011 by a council, the Department for Infrastructure, or the Planning Appeals Commission, and

(b) the liability is attributable to a planning decision that would not have been taken but for the need to secure the safe and efficient operation of—

(i) a spaceport, or

(ii) range control apparatus.

(2) “The relevant person” is—

(a) where subsection (1)(b)(i) applies, the person authorised to operate the spaceport by a spaceport licence;

(b) where subsection (1)(b)(ii) applies, the range control service provider who operates the relevant range control apparatus.

(3) In this section—

• “planning decision” includes a revocation or modification of a planning permission under Part 3 of the Planning Act (Northern Ireland) 2011;

• “range control apparatus” means apparatus operated by a range control service provider for the purposes of providing range control services.

49 Amendment and revocation of orders

(1) A power to make an order that is conferred by section 39 or by paragraph 4 or 5 of Schedule 9 includes a power exercisable in the same manner and subject to the same conditions or limitations—

(a) to amend the order, or

(b) to revoke the order.

(2) The power to make an order that is conferred by section 41(1) includes a power—

(a) to amend the order to shorten, or remove, a period specified as required by subsection (3) of that section;

(b) otherwise to amend the order;

(c) to revoke the order.

(3) Immediately after making an order under the power specified in subsection (2)(a) or (c) the Secretary of State must serve on the relevant persons—

(a) a copy of the order, and

(b) a notice explaining the effect of the order and stating when it became operative.

(4) “The relevant persons” are—

(a) where the original order is a land order—

(i) every owner, lessee and occupier of any of the land;

(ii) every local authority within whose area any of the land is situated;

(b) where the original order is not a land order—

(i) any person who the Secretary of State thinks is particularly well able to bring the new order to the attention of those likely to be affected by it;

(ii) every person who was served with a copy of a notice, under paragraph 8(1)(b) of Schedule 6, in respect of the original order.

(5) An order made under the power specified in subsection (2)(a) or (c) becomes operative immediately after it is made.

(6) The power specified in subsection (2)(b) is exercisable in the same manner and subject to the same conditions or limitations as the power to make the original order.

50 Powers in relation to land: notices

(1) Section 56 of the Civil Aviation Act 1982 applies to a notice required to be given or served under a specified provision of this Act as it applies to a notice required to be served under a provision to which that section applies.

(2) The specified provisions are—

(a) section 39;

(b) section 41;

(c) section 42 as it relates to the service of a notice by a person other than the Secretary of State;

(d) section 47;

(e) Schedule 6.