May 2009 Plenary Meetings of the Permanent Council
Section 70 of the Town and Country Planning Act 1990 (determination of applications for planning permission: general considerations) is amended as follows.
In subsection (2) (matters to which local planning authority must have regard in dealing with applications) after paragraph (a) insert—.
Before subsection (4) insert—
Schedule 1 to the Town and Country Planning Act 1990 (local planning authorities: distribution of functions) is amended as follows.
Paragraph 8 (duty to notify parish council of planning application etc) is amended in accordance with subsections (3) to (5).
After sub-paragraph (3) insert—
In the opening words of sub-paragraph (4) for “the duty” substitute “ a duty under this paragraph ”.
In the opening words of sub-paragraph (5) for “their duty” substitute “ a duty under this paragraph ”.
Paragraph 8A (duty to notify neighbourhood forums) is amended in accordance with subsections (7) to (9).
After sub-paragraph (1) insert—
In sub-paragraph (2)—
“neighbourhood area” means an area designated as such under section 61G;
“relevant neighbourhood development plan” means—
In sub-paragraph (3) for “(3) to (6)” substitute “ (3) and (4) to (6) ”.
Section 62C of the Town and Country Planning Act 1990 (notification of parish councils of applications made to Secretary of State) is amended in accordance with subsections (11) and (12).
In subsection (2) after “paragraph 8(1)” insert “ or (3B) ”.
In subsection (3) after “Schedule 1” insert “or notifications received by the authority under paragraph 8(3C) or (3D) of that Schedule.
In section 38 of the Planning and Compulsory Purchase Act 2004 (development plan) after subsection (3) insert—
Section 61M of the Town and Country Planning Act 1990 (revocation or modification of neighbourhood development orders) is amended in accordance with subsections (2) and (3).
After subsection (4) insert—
In subsection (5)—
for “that order” substitute “ the neighbourhood development order mentioned in subsection (4) or (4A) ”, and
after “(4)” insert “ or (4A) ”.
The Planning and Compulsory Purchase Act 2004 is amended in accordance with subsections (5) to (10).
In section 38A (meaning of “neighbourhood development plan”) after subsection (11) insert—
Section 38C (neighbourhood development plans: supplementary provisions) is amended in accordance with subsections (7) to (9).
After subsection (2) insert—
In subsection (3)—
the words from “the words” to the end of the subsection become paragraph (a), and
at the end of that paragraph insert, and
In subsection (6)—
the words from “on proposals” to the end of the subsection become paragraph (a), and
at the end of that paragraph insert, or
After Schedule A1 insert the Schedule A2 set out in Schedule 1 to this Act.
The Town and Country Planning Act 1990 is amended in accordance with subsections (2) to (4).
In section 61F (authorisation to act in relation to neighbourhood areas) after subsection (8) insert—
In section 61G (meaning of “neighbourhood area”) after subsection (6) insert—
In section 61J (provision that may be made by neighbourhood development order) after subsection (5) insert—
The Planning and Compulsory Purchase Act 2004 is amended in accordance with subsections (6) to (8).
In section 38A (meaning of “neighbourhood development plan”) after subsection (11A) (as inserted by section 4) insert—
In section 38B (provision that may be made by neighbourhood development plans) after subsection (2) insert—
In section 38C (supplementary provisions) after subsection (5) insert—
Section 18 of the Planning and Compulsory Purchase Act 2004 (statement of community involvement) is amended as follows.
At the beginning of subsection (2A) insert “ Subject to subsection (2B), ”.
After subsection (2A) insert—
The regulations may in particular impose duties on an examiner which are to be complied with by the examiner in considering the draft order under paragraph 8 and which require the examiner— Those persons are— Where the regulations make provision by virtue of sub-paragraph (3)(c) or (d), they may make further provision about—
In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of local development documents) after subsection (1A) insert—
In section 34 of that Act (guidance)—
the existing words become subsection (1), and
after that subsection insert—
In section 35 of that Act (local planning authorities' monitoring reports) after subsection (3) insert—
The Planning and Compulsory Purchase Act 2004 is amended as follows.
After section 28 insert—
In section 21 (intervention by Secretary of State) after subsection (11) insert—
In section 27 (Secretary of State's default powers) after subsection (9) insert—
Section 28 (joint local development documents) is amended in accordance with subsections (6) and (7).
In subsection (9) for paragraph (a) substitute—.
In subsection (11) (meaning of “corresponding document”) at the end insert “or a corresponding joint local development document for the purposes of this section.
In section 37 (interpretation) after subsection (5B) insert—
Schedule A1 (default powers exercisable by Mayor of London, combined authority and county council) is amended in accordance with subsections (10) and (11).
In paragraph 3 (powers exercised by the Mayor of London) after sub-paragraph (3) insert—
In paragraph 7 (powers exercised by combined authority) after sub-paragraph (3) insert—
Schedule 2 makes provision for the exercise of default powers by county councils in relation to development plan documents.
Section 36 of the Planning and Compulsory Purchase Act 2004 (regulations under Part 2) is amended in accordance with subsections (2) and (3).
In the heading after “Regulations” insert “ and standards ”.
After subsection (2) insert—
In section 15(8AA) of that Act (cases in which direction to revise local development scheme may be given by Secretary of State or Mayor of London)—
after “only if” insert “ —(a) ”, and
at the end of paragraph (a) insert, or
In section 17 of the Planning and Compulsory Purchase Act 2004 (local development documents) after subsection (6) insert—
Section 18 of the Planning and Compulsory Purchase Act 2004 (statement of community involvement) is amended as follows.
In subsection (2) after “sections” insert “ 13, 15, ”.
After subsection (3A) insert—
After section 100 of the Town and Country Planning Act 1990 insert—
In section 333 of the Town and Country Planning Act 1990 (regulations and orders) after subsection (3ZA) insert—
Section 100ZA of the Town and Country Planning Act 1990 (as inserted by subsection (1) of this section) has effect in relation to conditions on a grant or modification of planning permission only if the permission is granted or modified on or after the coming into force of this section.
Schedule 3 contains amendments in consequence of subsection (1).
As soon as reasonably practicable after the coming into force of this section, the Secretary of State must make a development order under the Town and Country Planning Act 1990 which—
removes any planning permission which is granted by a development order for development consisting of a change in the use of any building or land in England from a use within Class A4 to a use of a kind specified in the order (subject to paragraph (c)),
removes any planning permission which is granted by a development order for a building operation consisting of the demolition of a building in England which is used, or was last used, for a purpose within Class A4 or for a purpose including use within that class, and
grants planning permission for development consisting of a change in the use of a building in England and any land within its curtilage from a use within Class A4 to a mixed use consisting of a use within that Class and a use within Class A3.
Subsection (1) does not require the development order to remove planning permission for development which has been carried out before the coming into force of the order.
Subsection (1) does not prevent—
the inclusion of transitional, transitory or saving provision in the development order, or
the subsequent exercise of the Secretary of State's powers by development order to grant, remove or otherwise make provision about planning permission for the development of buildings or land used, or last used, for a purpose within Class A4 or for a purpose including use within that class.
A reference in this section to Class A3 or Class A4 is to the class of use of that name listed in the Schedule to the Town and Country Planning (Use Classes) Order 1987 (SI 1987/764).
Expressions used in this section that are defined in the Town and Country Planning Act 1990 have the same meaning as in that Act.
The New Towns Act 1981 is amended as follows.
After section 1 insert—
In section 77 (regulations and orders)—
in subsection (2), after “which” insert “ , subject to subsection (2A), ”, and
after subsection (2) insert—
After section 69 of the Town and Country Planning Act 1990 insert—
Subsection (2) applies where a person (an “acquiring authority”)—
has a power conferred by an Act to acquire land compulsorily (with or without authorisation from another person), or
is or has been, at any time, otherwise authorised to acquire land compulsorily.
The acquiring authority may, for purposes connected with the purposes for which it could acquire land compulsorily, take temporary possession of land—
by agreement, or
compulsorily, if authorised to do so in accordance with section 19.
Subject to any express provision in another Act, the power in subsection (2) is the only power under which a person may take temporary possession of land compulsorily.
For the purposes of this Chapter references to acquiring land include references to acquiring a right over land by creation.
This section sets out how an acquiring authority may be authorised to take temporary possession of land compulsorily under section 18(2).
The temporary possession of the land must be authorised by the type of instrument (the “authorising instrument”) that would be required if the acquiring authority proposed to acquire that land compulsorily for the purposes for which it proposes to take temporary possession of that land.
Accordingly, the authorising instrument—
may make provision relating to temporary possession of land as well as, or instead of, compulsory acquisition,
if it authorises the compulsory acquisition of land, may authorise temporary possession of the same or other land, and
if it makes provision relating to temporary possession, is to be subject to the same procedures for authorising and challenging it as if the provision relating to temporary possession were provision relating to compulsory acquisition.
But in so far as an authorising instrument authorises the temporary possession of land, the instrument is not to be subject to special parliamentary procedure by virtue of any enactment applying that procedure to an instrument authorising the compulsory acquisition of land, unless the land which is proposed to be subject to temporary possession is held by the National Trust inalienably.
For the purposes of subsection (4)—
“the National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907, and
land is held by the National Trust “inalienably” if it is inalienable under section 21 of the National Trust Act 1907 or section 8 of the National Trust Act 1939.
For the purposes of subsection (3)(c), the reference to compulsory acquisition does not include the compulsory acquisition of a right over land by creation unless section 18(2) applies in relation to the acquiring authority by virtue only of a power or authorisation to acquire a right over land by creation.
The authorising instrument must—
identify the land which is to be subject to temporary possession,
describe the purposes for which temporary possession is required, and
specify the total period of time for which the land may be subject to temporary possession.
The authorising instrument does not need to include the dates of any particular period of temporary possession (but see section 20).
Before taking temporary possession of land compulsorily for a period of time by virtue of section 18(2) an acquiring authority must give a notice of intended entry to each person who has an interest in or a right to occupy the land, so far as known to the authority after making diligent inquiry.
The notice must specify the period after the end of which the acquiring authority may take temporary possession of the land (“the notice period”).
The notice period must not end earlier than the end of the period of three months beginning with the day on which the notice is given.
The notice must specify the period for which the acquiring authority is to take temporary possession of the land.
For the purposes of this section an acquiring authority is to be treated as taking temporary possession of land at the beginning of the first day of any period of temporary possession.
The notice period may be reduced by agreement between the acquiring authority and all persons to whom a notice must be given under subsection (1).
An acquiring authority must comply with this section again in relation to each subsequent period of temporary possession even if there is to be no gap between periods.
Where the authorising instrument mentioned in section 19 is a compulsory purchase order, a notice of intended entry under this section may not be served after the end of the period of three years beginning with the day on which the authorising instrument becomes operative.
In any other case, a notice of intended entry under this section may not be served after the end of the period of five years beginning with the day on which the authorising instrument becomes operative.
For the purposes of subsection (1), a person entitled to the benefit of an obligation under a conservation covenant is to be treated as having an interest in the land to which the obligation relates.
This section applies where an acquiring authority gives a notice of intended entry under section 20 in relation to land to a person (the “owner”) who—
has a leasehold interest in, and the right to occupy, the land, or
has the freehold interest in the land.
The owner may give the acquiring authority a counter-notice which provides that the total period of time for which the land may be subject to temporary possession is limited to—
12 months where the land is or is part of a dwelling, or
6 years in any other case.
If the owner falls within subsection (1)(a), the owner may instead give the acquiring authority a counter-notice which provides that the authority may not take temporary possession of the land.
A counter-notice under subsection (2) or (3) must be given within the period of 28 days beginning with the day on which the notice of intended entry was given.
On receiving a counter-notice under subsection (2), the acquiring authority must decide whether to—
accept the counter-notice,
withdraw the notice of intended entry, or
proceed as if the land were subject to compulsory acquisition.
On receiving a counter-notice under subsection (3), the acquiring authority must decide whether to—
accept the counter-notice, or
proceed as if the land were subject to compulsory acquisition.
The acquiring authority must give a notice of its decision in response to a counter-notice to the owner within the period of 28 days beginning with the day on which the counter-notice was given.
If the acquiring authority decides to proceed as if the land were subject to compulsory acquisition—
the instrument which authorised temporary possession of the land is to be treated as authorising the compulsory acquisition of the owner's interest in the land (as well as the temporary possession of the land, if there are other interests in it), and
the authority may proceed as if it had given any notice or taken any step required in relation to the authorisation or confirmation of the instrument.
See Schedule 2A to the Compulsory Purchase Act 1965 and Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 for options available to the owner if, in response to a counter-notice under this section, the acquiring authority decides to purchase the owner's interest in part of a house, building or factory.
Nothing in this section prevents an acquiring authority acquiring land compulsorily after accepting a counter-notice or withdrawing a notice of intended entry in respect of that land.
Section 13 of the Compulsory Purchase Act 1965 (refusal to give up possession of land to acquiring authority) applies in relation to temporary possession by virtue of section 18(2) of this Act as if—
the reference to “this Act” in subsection (1) were a reference to section 18(2) of this Act, and
the references to taking possession of land were references to taking temporary possession of land compulsorily by virtue of section 18(2) of this Act.
This section applies if an acquiring authority takes or is authorised to take temporary possession of land compulsorily by virtue of section 18(2).
A person (a “claimant”) who has an interest in or a right to occupy the land is entitled to receive compensation from the authority for any loss or injury the claimant sustains as a result.
A person (a “beneficial claimant”) is entitled to receive compensation from the authority for any loss or injury the beneficial claimant sustains as a result of the authority—
interfering with a relevant right or interest annexed to land belonging to the beneficial claimant, or
breaching a restriction as to the user of land arising by virtue of a contract where—
the beneficial claimant is a party to the contract, or
the restriction benefits land which belongs to the beneficial claimant.
Where the claimant is carrying on a trade or business on the land, the compensation to which the claimant is entitled includes compensation for any loss which the claimant sustains by reason of the disturbance of the trade or business consequent upon the claimant having to quit the land for the period of the temporary possession.
In estimating loss for the purposes of subsection (4) regard is to be had—
to the period for which the land occupied by the claimant may reasonably have been expected to be available for the purposes of the claimant's trade or business,
to the terms on which the land may reasonably have been expected to be available for those purposes, and
to the availability of other land suitable for those purposes during the period of temporary possession.
For the purposes of section 9 of the Limitation Act 1980, a cause of action for compensation under this section which, apart from this subsection, would accrue before or during a period of compulsory temporary possession for which notice is given under section 20 is to be treated as accruing on the last day of the period.
For the purposes of subsections (2) and (3), the person is not entitled to compensation under this section by virtue of being the person entitled to the benefit of an obligation under a conservation covenant.
Compensation under this section in relation to a particular head of loss or injury carries interest from the day after the last day on which that loss or injury occurs.
The interest is to be at the rate prescribed by regulations under section 32 of the Land Compensation Act 1961 in relation to the compulsory acquisition of land.
Any dispute about compensation payable under this section may be referred to and determined by the Upper Tribunal.
In this Chapter “relevant right or interest” means any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land (including any natural right to support).
This section applies where a person (a “claimant”) to whom compensation is or will be payable under section 23 makes a request in accordance with subsection (3).
The acquiring authority—
must make an advance payment on account of the compensation if it has given a notice of intended entry under section 20 in relation to the land in respect of which the claimant is or will be entitled to compensation, but
may not do so if it has not given such a notice.
A request for advance payment must be made in writing by the claimant and must include—
details of the basis on which the claimant is or is going to be entitled to compensation, and
information which is sufficient to enable the acquiring authority to estimate the amount of the compensation in respect of which the advance payment is to be made.
Before the end of the period of 28 days beginning with the day on which the acquiring authority receives a request under subsection (3), the authority must—
determine whether it has enough information to estimate the amount of compensation, and
if it needs more information, require the claimant to provide it.
The amount of an advance payment is to be equal to 90% of—
if the acquiring authority and the claimant have agreed on the amount of the compensation, the agreed amount, or
in any other case, an amount equal to the compensation as estimated by the acquiring authority.
An advance payment must be made—
before the end of the day on which the authority takes temporary possession of the land, or
if later, before the end of the period of two months beginning with the day on which the authority—
receives the request for the advance payment, or
receives any further information required under subsection (4)(b).
If, after making an advance payment on the basis of its estimate of the compensation, the acquiring authority considers that its estimate was too low, the authority must pay the claimant the balance of the amount of the advance payment calculated on the basis of the authority's new estimate of the compensation.
Where the total amount of any payments under this section made on the basis of the acquiring authority's estimate of the compensation exceeds the compensation as finally determined or agreed, the excess is to be repaid.
If, after a payment under this section has been made to a person, it is discovered that the person was not entitled to it, the person must repay it.
If an acquiring authority is required by section 24(2) to make an advance payment of compensation but pays some or all of it after the day or (as the case may be) the end of the period specified in section 24(6), the authority must pay interest on the amount which is paid after that period (the “unpaid amount”).
Interest under subsection (1) accrues on the unpaid amount for the period beginning with the day after the day or (as the case may be) the end of the period specified in section 24(6).
If the total amount of any advance payment made under section 24 is greater than the compensation as finally determined or agreed (the “actual amount”), the claimant must repay any interest paid under this section that is attributable to the amount by which the advance payment exceeded the actual amount.
The Treasury must by regulations specify the rate of interest for the purposes of subsection (1).
Regulations under subsection (4) may contain further provision in connection with the payment of interest under subsection (1).
The Town and Country Planning Act 1990 is amended in accordance with subsections (2) to (7).
In section 150 (notices requiring purchase of blighted land), in subsection (1)(b), for “or paragraph 24” substitute “ , paragraph 24 or paragraph 24A ”.
In section 151 (counter-notice objecting to blight notices)—
in subsection (4)(b), after “to acquire” insert “ or (in the case of land to which paragraph 24A of Schedule 13 applies) take temporary possession of ”, and
in subsection (8), for “to acquire that land” substitute “ to acquire or (in the case of land to which paragraph 24A of Schedule 13 applies) to take temporary possession of that land ”.
In section 155 (effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire)—
in the heading, after “acquire” insert “ etc. ”, and
in subsection (2)—
in paragraph (a), after “appropriate enactment” insert “ , or, in a case to which paragraph 24A of Schedule 13 applies, the temporary possession of land has been authorised by the appropriate enactment, ”,
in the closing words, after “that order” insert “ or appropriate enactment, ”, and
after “claimant in” insert “ , or the temporary possession of, ”.
In section 169 (meaning of “appropriate authority” in relation to blighted land), in subsection (1)—
the words from “by whom” to the end become paragraph (a), and
after that paragraph insert, or
In section 170 (meaning of “appropriate enactment” in relation to blighted land), after subsection (8B) insert—
In Schedule 13 (list of categories of land which are blighted land as a result of planning proposals etc. by public authorities), after paragraph 24 insert—
In section 172 of the Housing and Planning Act 2016 (right to enter and survey land in connection with proposal to acquire land etc.)—
in subsection (1)—
the words from “to” to the end become paragraph (a), and
after paragraph (a) insert, or ” and
in subsection (6) for the words from “acquiring authority” to the end of the subsection substitute—
Subject to subsection (4) and to any regulations under section 29, where an acquiring authority takes temporary possession of land compulsorily by virtue of section 18(2), the authority may use the land as if it had acquired all interests in it.
In particular, the acquiring authority may— to the extent that it would be able to do so if it had acquired all interests in the land.
remove or erect buildings or other works, and
remove any vegetation,
The acquiring authority may use land as described in subsection (1) even if this involves—
interfering with a relevant right or interest, ...
breaching a restriction as to the user of land arising by virtue of a contract , or
causing a person to be in breach of an obligation under a conservation covenant relating to the land.
But the acquiring authority may use the land only for the purposes for which temporary possession was required, as described in the authorising instrument (see section 19(7)(b)).
Nothing in this section authorises an interference with—
a right of way on, under or over land that is a protected right, or
a right of laying down, erecting, continuing or maintaining apparatus on, under or over land if it is a protected right.
The acquiring authority is not bound by an obligation under a conservation covenant relating to the land by virtue of acquiring a right to use the land under this section.
Nothing in this section authorises—
an interference with a relevant right or interest annexed to land belonging to the National Trust which is held by the National Trust inalienably, ...
a breach of a restriction as to the user of land which does not belong to the National Trust—
arising by virtue of a contract to which the National Trust is a party, or
benefiting land which does belong to the National Trust , or
a use of land that causes a person (or, if the person were to permit or suffer the use, would cause the person) to be in breach of an obligation under a conservation covenant relating to the land owed to the National Trust.
For the purposes of subsection (6)—
“the National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907, and
land is held by the National Trust “inalienably” if it is inalienable under section 21 of the National Trust Act 1907 or section 8 of the National Trust Act 1939.
In this section—
“protected right” means—
a right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network (and expressions used in this paragraph have the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003);
a right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network (and expressions used in this paragraph have the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003);
“the notice period” has the meaning given in section 20(2);
“statutory undertaking” is to be read in accordance with section 262 of the Town and Country Planning Act 1990 (meaning of “statutory undertakers”).
Subsection (2) applies where an acquiring authority takes temporary possession under section 18(2) of land subject to a tenancy.
A person is not to be treated as being in breach of— to the extent that the person cannot reasonably comply with the term or other obligation as a result of the temporary possession.
any term of the tenancy, or
any other obligation associated with the tenancy or the land subject to temporary possession,
Subsection (2) does not affect terms or obligations about—
the length of the tenancy, or
the payment of rent.
Subsection (5) applies where—
an acquiring authority takes temporary possession of land subject to a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business tenants) applies immediately before the period of temporary possession,
the tenancy expires during the period of temporary possession, and
prior to the period of temporary possession the tenant notifies in writing both the acquiring authority and the landlord that the tenant intends to resume occupation of the land after the period of temporary possession.
For the purposes of Part 2 of the Landlord and Tenant Act 1954 the tenant is to be deemed to continue to occupy the land in accordance with the tenancy mentioned in subsection (4)(b), and any tenancy which succeeds that tenancy, despite the period of temporary possession.
But if the tenant notifies in writing both the acquiring authority and the landlord that the tenant no longer intends to resume occupation of the land after the period of temporary possession subsection (5) ceases to apply.
In this section “tenancy” includes a sub-tenancy.
The appropriate national authority must by regulations make provision about—
the reinstatement of land subject to a period of temporary possession, and
the resolution by an independent person of disputes about reinstatement.
The Secretary of State may by regulations exclude the application of any provision of this Chapter in relation to a person who is an acquiring authority as a result of an authorisation by virtue of—
section 11, 12 or 12A of the Pipe-lines Act 1962 (compulsory purchase of land or rights over land in connection with pipe-lines),
section 12 or 13 of the Gas Act 1965 (compulsory purchase of rights in relation to storage of gas etc),
paragraph 1 of Schedule 3 to the Gas Act 1986 (compulsory purchase of land by gas transporter), or
paragraph 1 of Schedule 3 to the Electricity Act 1989 (compulsory purchase of land by licence holder).
The appropriate national authority may by regulations make further provision in relation to—
the authorisation and exercise of the power to take temporary possession of land by virtue of section 18(2), and
the circumstances in which an acquiring authority may be authorised to acquire land after being authorised to take temporary possession of it.
Regulations under subsection (3) may for example—
make provision that appears to the appropriate national authority to be necessary or expedient for giving full effect to a provision of this Chapter in relation to particular cases or types of case, including by modifying that provision so that it is effective in relation to those cases or types of case,
limit the period for which an acquiring authority may take temporary possession of land,
limit the circumstances in which an acquiring authority may take temporary possession of land,
make provision about the use by an acquiring authority of land of which it has taken temporary possession (for example, by limiting what an acquiring authority may do or by requiring an acquiring authority to do certain things),
limit the types of land which may be subject to temporary possession in specified circumstances,
require an acquiring authority to provide specified information relating to a period of temporary possession to specified persons before, during or after the period,
make provision in relation to the sale by a person with an interest in land where that land is or may be subject to temporary possession, and
make provision for a person who has a right to occupy land subject to temporary possession to be deemed to occupy that land for specified purposes during the period of temporary possession.
Before making regulations under this section the Secretary of State or the Welsh Ministers, as the case may be, must carry out a public consultation.
In this section—
“protected right” means—
in all other cases, the Secretary of State;
“specified” means specified in regulations under subsection (3).
In this Chapter—
“confirming authority” means the authority having power to authorise the acquiring authority to take temporary possession of land;
a right vested in, or belonging to, a statutory undertaker for the purpose of carrying on its statutory undertaking, or
“relevant right or interest” has the meaning given by section 23(10).
“possession” means exclusive occupation;
“relevant right or interest” has the meaning given by section 23(10).
This Chapter applies in relation to Crown land.
An acquiring authority may exercise the power conferred by section 18(2) in relation to Crown land only if the acquiring authority has the consent of the appropriate authority.
In this section “Crown land” and “the appropriate authority” have the meanings given in section 293 of the Town and Country Planning Act 1990.
The Land Compensation Act 1961 is amended in accordance with subsections (2) to (4).
In section 5, after rule (2) insert—
For sections 6 to 9 (provisions about how scheme is to be disregarded when assessing compensation in respect of compulsory acquisition) substitute—
Omit—
section 15 (planning permission to be assumed for acquiring authority's proposals), and
Schedule 1 (actual or prospective development relevant for purposes of sections 6, 7 and 8).
In section 6(3) of the Land Compensation Act 1973 (reduction of compensation where land is benefited)—
for “section 6” substitute “ section 6A ”, and
for “section 7” substitute “ section 6B ”.
In section 78 of the Housing Act 1988 (supplementary provisions relating to vesting, acquisition and compensation) omit subsections (3) and (4).
In the Land Compensation Act 1961 omit—
Part 4 (compensation where permission for additional development granted after acquisition), and
Schedule 3 (application of Part 4 to certain cases).
In section 38(1) of that Act (service of notices) omit “or Part IV”.
In section 141 of the Local Government, Planning and Land Act 1980 (vesting by order of land in urban development corporation) omit subsection (5A) (no compensation payable under Part 4 of the Land Compensation Act 1961 by virtue of such an order).
In consequence of the amendments made by this section the following are repealed or revoked—
section 66 of the Planning and Compensation Act 1991;
Schedule 14 to that Act;
paragraph 25 of Schedule 15 to that Act;
paragraph 14 of Schedule 14 to the Government of Wales Act 1998;
paragraph 15 of Schedule 1 to the Fire and Rescue Services Act 2004;
the first paragraph 3 in Part 1 of Schedule 2 to the Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (SI 2005/3226);
paragraph 2 of Schedule 8 to the Housing and Regeneration Act 2008;
paragraph 1 of Schedule 2 to the Localism Act 2011 (Consequential Amendments) Order 2012 (SI 2012/961).
The repeals and revocations made by this section have effect in relation only to an acquisition or sale of an interest in land in relation to which the date of completion (within the meaning of Part 4 of the Land Compensation Act 1961) falls on or after the day on which this section comes into force.
In section 15 of the Acquisition of Land Act 1981 (notices to be served and published etc after confirmation of compulsory purchase order) after subsection (3) insert—
The amendment made by this section applies only in relation to a compulsory purchase order which is confirmed after this section comes into force.
For section 47 of the Land Compensation Act 1973 (compensation in respect of land subject to business tenancy) substitute—
The Greater London Authority Act 1999 is amended as follows.
After section 403 insert—
In paragraph 20 of Schedule 11 (limitations on Transport for London's power to acquire land compulsorily), after “provided by” insert “ section 403A, 403B or ”.
The Housing and Planning Act 2016 is amended in accordance with subsections (2) to (4).
In section 203 (power to override easements and other rights)—
in the opening words of subsection (2)(b), for “13 July 2016” substitute “ the relevant day ”,
in subsection (2)(b)(i), after “specified authority” insert “ or a specified company acting on behalf of a specified authority ”,
in the opening words of subsection (5)(b), for “13 July 2016” substitute “ the relevant day ”, and
in subsection (5)(b)(i), after “specified authority” insert “ or a specified company acting on behalf of a specified authority ”.
In section 204 (compensation for overridden easements), for subsection (4) substitute—
In section 205 (interpretation of sections 203 and 204)—
in the definition of “other qualifying land”, in the opening words of paragraph (g), after “regeneration,” insert “ or vested in or acquired by a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration, ”,
in the definition of “qualifying authority”—
for the words from “authority in” to “or which” substitute “ person in whom the land was vested, or who ”, and
at the end insert “ (but, for the purposes of section 203(3)(c) and (6)(c), where that person is a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration, the qualifying authority is the Greater London Authority) ”,
“relevant day” means—
“specified company” means—
In the Housing and Planning Act 2016 (Commencement No. 2, Transitional Provisions and Savings) Regulations 2016 (S.I. 2016/733), the following regulations are revoked—
regulation 10 (savings in relation to company through which Greater London Authority exercises functions), and
regulation 12(3) (substitution of actual date for reference to commencement date).
The Land Compensation Act 1973 is amended as follows.
In section 52 (right to advance payment of compensation)—
in subsection (4)(b)—
omit the “or” before sub-paragraph (ii), and
at the end insert, or , and
in subsection (4ZA)(b)—
omit the “or” before sub-paragraph (ii), and
at the end insert, or
In section 52ZC (land subject to mortgage: supplementary provisions)—
in subsection (3A)(b)—
omit the “or” before sub-paragraph (ii), and
at the end insert, or , and
in subsection (3B)(b)—
omit the “or” before sub-paragraph (ii), and
at the end insert, or
In section 52A of the Land Compensation Act 1973 (right to interest where advance payment made), in subsection (2B), for “the paid amount” substitute “ the amount in respect of which the authority is required to pay interest under section 52B ”.
Section 52B of the Land Compensation Act 1973 (interest on advance payments of compensation paid late) is amended as follows.
In the heading, after “compensation” insert “etc.
In subsection (1)—
after “(1B)” insert “ , 52ZA(3) or 52ZB(3) ”,
after “compensation” insert “ or (as the case may be) a payment to a mortgagee ”, and
after “interest” insert “ to the claimant ”.
In subsection (2), after “(4ZA)” insert “ or (as the case may be) section 52ZC(3A) or (3B) ”.
In subsection (3)—
for “the amount of the advance payment” substitute “ the total amount which the acquiring authority pays under section 52, 52ZA or 52ZB in respect of the claimant (the “paid amount”) ”, and
for “by which the advance payment” substitute “ by which the paid amount ”.
If the vesting date for the specified land is after the vesting date for any land proposed to be acquired, the Upper Tribunal's power to award compensation under section 7 of the Compulsory Purchase Act 1965 includes power to award compensation for any loss suffered by the owner by reason of the temporary severance of the land proposed to be acquired from the specified land.
The Secretary of State may by regulations make provision in consequence of any provision of this Part.
Regulations under subsection (1) may amend, repeal or revoke any enactment.
In subsection (2) “enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978, and
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales.
The following are to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by a Minister of the Crown, a person holding office under Her Majesty or a government department, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Regulations under this Act are to be made by statutory instrument.
A statutory instrument containing (whether alone or with any other provision) any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
regulations under section 29(1), (2) or (3) made by the Secretary of State;
regulations under section 42(1) which amend or repeal a provision of primary legislation.
A statutory instrument containing (whether alone or with any other provision) regulations under section 29(1) or (3) made by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
A statutory instrument containing any of the following regulations and to which subsection (2) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament—
regulations under section 25(4);
regulations under section 42(1) which do not amend or repeal a provision of primary legislation.
Regulations under this Act—
may make different provision for different purposes or areas;
may make provision which applies generally or for particular purposes or areas;
may make transitional, transitory or saving provision;
may make incidental, supplementary or consequential provision.
If a draft of regulations under section 29(3) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the Standing Orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
In this section “primary legislation” means—
an Act of Parliament, or
a Measure or Act of the National Assembly for Wales.
This Act extends to England and Wales only, subject to subsection (2).
Section 42 and this Part extend to England and Wales, Scotland and Northern Ireland.
This Act comes into force on such day as the Secretary of State appoints by regulations, subject to subsection (3).
Regulations under subsection (1) may appoint different days for different purposes or areas.
The following provisions come into force on the day on which this Act is passed—
section 2, for the purposes only of enabling the Secretary of State to make provision by development order under paragraph 8(6) of Schedule 1 to the Town and Country Planning Act 1990;
sections 4, 9, 12 and 13 and Schedule 1, to the extent that they confer power on the Secretary of State to make regulations;
section 15;
section 17;
section 42;
this Part.
The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
This Act may be cited as the Neighbourhood Planning Act 2017.
Section 4
This is the new Schedule A2 to the Planning and Compulsory Purchase Act 2004 referred to in section 4—
Section 10
The Planning and Compulsory Purchase Act 2004 is amended as follows.
Schedule A1 (default powers exercisable by Mayor of London or combined authority) is amended in accordance with paragraphs 3 to 8.
In the heading for “or combined authority” substitute “ , combined authority or county council ”.
After paragraph 7 insert—
Paragraph 8 is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)(a)— In sub-paragraph (3)(a) for “or the combined authority” substitute “ , the combined authority or the upper-tier county council ”. In sub-paragraph (5) for “or 6(4)(a)” substitute “ , 6(4)(a) or 7C(4)(a) ”. In sub-paragraph (7)—
In paragraph 9(8) for “or the combined authority” substitute “ , the combined authority or the upper-tier county council ”.
In paragraph 12—
for “or the combined authority” substitute “ , the combined authority or the upper-tier county council ”, and
for “or the authority” substitute “ , the authority or the council ”.
In paragraph 13(1)—
for “or a combined authority” substitute “ , a combined authority or an upper-tier county council ”, and
for “or the authority” substitute “ , the authority or the council ”.
In section 17(8) (document a local development document only if adopted or approved) after paragraph (d) insert—
In section 27A (default powers exercisable by Mayor of London or combined authority) for “or combined authority” in both places substitute “ , combined authority or county council ”.
Section 14
The Town and Country Planning Act 1990 is amended as follows.
In section 70 (determination of applications: general considerations), after subsection (3) insert—
In section 72 (conditional grant of planning permission), after subsection (5) insert—
In section 73 (determination of applications to develop land without compliance with conditions previously attached), after subsection (2) insert—
In section 90(3) (effect of deemed planning permission) after “except” insert “ section 100ZA and ”.
In section 93 (provisions supplementary to sections 91 and 92), after subsection (4) insert—
In section 141 (action by Secretary of State in relation to purchase notice), after subsection (5) insert—
In section 177 (grant or modification of planning permission on appeals against enforcement notices), after subsection (4) insert—