HL Deb 19 June 1969 vol 302 cc1121-8

Interpretation

1. In relation to matters specified in the first column of the Table below (being matters which under section (Commissions to inquire into planning matters affecting Scotland and England) of this Act, may be referred to a Joint Planning Inquiry Commission), "the responsible Ministers", for the purposes of this Schedule, are those specified opposite in the second column of the Table, acting jointly.

TABLE
Referred matter Responsible Ministers
(1) Application for planning permission or appeal—
(a) relating to operational land of statutory undertakers, or to land in the case of which there are present the circumstances mentioned in section 69(2) of this Act, or the corresponding provision of the Act of 1968, The Secretary of State, the Minister of Housing and Local Government and the appropriate Minister (if different).
(b) relating to other land. The Secretary of State and the Minister of Housing and Local Government.
(2) Proposal that a government department should give a direction under section 32 of the Act of 1947 or section 41 of the Act of 1962, or that development should be carried out by or on behalf of a government department. The Secretary of State, the Minister of Housing and Local Government and the Minister (if different) in charge of the government department concerned.

2. In this Schedule—

  1. (a) "the Act of 1962" and "the Act of 1968" mean respectively the Town and Country Planning Act 1962 and the Town and Country Planning Act 1968;
  2. (b) "commission" means a Joint Planning Inquiry Commission constituted under section (Commissions to inquire into planning matters affecting Scotland and England) of this Act; and
  3. (c) "referred matter" means a matter referred to a. commission under that section.

3. Where this Schedule refers to the appropriate Minister, the local authority or the local planning authority, the reference shall be construed, according to its context, as if it were contained in the Act of 1947 or in the Act of 1962.

The reference

4. Two or more of the matters mentioned in subsection (1) of section (Commissions to inquire into planning matters affecting Scotland and England) of this Act may be referred to the same commission if it appears to the responsible Ministers that they relate to proposals to carry out development for similar purposes on different sites.

5. Where a referred matter relates to a proposal to carry out development for any purpose at a particular site, the responsible Ministers may also refer to the commission the question whether development for that purpose should be instead carried out at an alternative site, whether in Scotland or in England, or partly in one and partly in the other.

6. The responsible Ministers shall, on referring a matter to a commission, state in the reference the reasons therefor and may draw the attention of the commission to any points which seem to them to be relevant to their inquiry.

7.—(1) A reference to a commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time.

(2) A reference of any other matter mentioned in subsection (1) of section (Commissions to inquire into planning matters affecting Scotland and England) of this Act may be made at any time before, but not after, the determination of the relevant referred application or the relevant appeal or, as the case may be, the giving of the relevant direction, notwithstanding that an inquiry or other hearing has been held into the proposal by a person appointed by any Minister for the purpose.

Notice of reference to persons and authorities concerned

8.—(1) Notice of the making of a reference to a commission shall be published in the prescribed manner, and a copy of the notice shall be served on the local planning authority for the area in which it is proposed that the relevant development shall be carried out.

(2) In the case of an application for planning permission referred under section 13 of the Act of 1947 or section 22 of the Act of 1962, or an appeal under section 14 of the Act of 1947 or section 23 of the Act of 1962, notice shall also be served—

  1. (a) on the applicant or appellant; and
  2. (b) on any person who has made representations, relating to the subject matter of the application or appeal, which the local planning authority are required to take into account under section 35(4) or 36(4) of the Act of 1959 or, as the case may be, section 17(2) or (3) of the Act of 1962.

(3) In the case of a proposal that a direction should be given by a government department under section 32 of the Act of 1947 or section 41 of the Act of 1962 with respect to any development, notice shall also be served on the local authority or statutory undertakers applying for authorisation to carry out that development.

(4) In this paragraph, "prescribed" means prescribed by regulations made by the Secretary of State and the Minister of Housing and Local Government jointly in the exercise of their respective powers under the Act of 1947 and the Act of 1962.

Proceedings of commission on reference

9. A commission inquiring into a referred matter shall—

  1. (a) identify and investigate the considerations relevant to, or the technical or scientific aspects of, that matter which in their opinion are relevant to the question 1124 whether the proposed development should be permitted to be carried out, and assess the importance to be attached to those considerations or aspects;
  2. (b) thereafter, comply with paragraph 10 below in respect of affording to persons an opportunity of appearing before, and being heard by, one or more members of the commission;
  3. (c) report to the responsible Ministers on the said matter.

10. A commission shall afford the following persons an opportunity of appearing and being heard as aforesaid:—

  1. (a) in any case, the local planning authority, if the authority so desire;
  2. (b) in the case of a matter mentioned in section 61(l)(a), (b) or (c) of this Act or section 62(1)(a), (b) or (c) of the Act of 1968, the applicant, if he so desires; and
  3. (c) in the case of an application or appeal mentioned in the said section 61(l)(a) or (b) or 62(1)(a) or (b), any person who has made representations relating to the subject matter of the application or appeal which the local planning authority are required to take into account under section 35(4) or 36(4) of the Act of 1959 or section 17(2) or (3) of the Act of 1962.

11.—(l) The provisions of section 13(2) of the Act of 1947 and of that subsection as applied by section 14(2) of that Act, and of sections 21(6) and 22(4) of this Act, relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an application for planning permission, or an appeal, referred to a commission.

(2) Sections 22(5) and 23(5) of the Act of 1962 (duty of Minister of Housing and Local Government to afford parties a hearing in cases of called-in applications for planning permission and appeals), and sections 21(6) and 22(4) of the Act of 1968 (corresponding provision in relation to appeal determined by a person appointed by the Minister under Part III of that Act) shall not apply to an application for planning permission, or an appeal, referred to a commission.

Local inquiries

12. A Commission shall, for the purpose of complying with paragraph 10 above, hold a local inquiry; and they may hold such an inquiry if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the local planning authority desire the opportunity of appearing and being heard.

13. Where a commission are to hold a local inquiry in connection with a referred matter and it appears to the responsible Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this Schedule to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, the responsible Ministers may direct that the two inquiries be held concurrently or combined as one inquiry.

14. For the purposes of the Tribunals and Inquiries Act 1958, a local inquiry held by a commission—

  1. (a) if held in Scotland, shall be treated as one held by the Secretary of State in pursuance of a duty imposed by a statutory provision; and
  2. (b) if held in England, shall be treated as one held by the Minister of Housing and Local Government in pursuance of a duty so imposed.

15.—(1) Subsections (4) to (9) of section 50 of the Act of 1945 (power to summon and examine witnesses, and expenses at inquiries) shall apply to a local inquiry held by a commission in Scotland as they apply to an inquiry held under that section.

(2) Subsections (2) to (5) of section 290 of the Local Government Act 1933 (evidence and costs at local inquiries) shall apply in relation to a local inquiry held by a commission in England as they apply in relation to an inquiry caused to be held by a department under subsection (1) of that section, with the substitution for references to a department (other than the first reference in subsection (4)) of references to the Minister of Housing and Local Government.

Supplementary

16.—(1) A commission may, with the approval of the Ministers and at their expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to the commission to be relevant to a referred matter.

(2) In this paragraph "the Ministers" means the Secretary of State and the Minister of Housing and Local Government, acting jointly; but their functions under this paragraph may, by arrangements made between them, be exercised by either acting on behalf of both.

17. Subject to the provisions of this Schedule, and to any directions given to them by the responsible Ministers, a commission shall have power to regulate their own procedure."

Schedule 8, page 112, line 8, leave out "district" and insert "area"

Schedule 8, page 112, line 18, leave out "district" and insert "area"

Schedule 8, page 112, line 29, leave out "district" and insert "area"

Schedule 8, page 113, line 3, leave out "1947" and insert "1945"

Schedule 8, page 113, line 11, after "undertakers)," insert "and section 17(2) of that Act (confirmation of purchase notice by Secretary of State)"

Schedule 8, page 113, line 40, leave out from beginning to "a" in line 41 and insert " Any reference to section 35 of the Act shall be construed (according as the context may require) as including, or as being replaced by,"

Schedule 8, page 113, line 43, after " "provisions" " insert "(where first occurring)"

Schedule 8, page 114, line 2, at end insert—

".In section 17 (obligation to purchase land on refusal of planning permission in certain cases), the following amendments shall be made:—

  1. (a) after subsection (1A) of that subsection there shall be inserted the following subsection:— "(1AA) Where the local planning authority upon whom a purchase notice is served under this section do not, within the period specified in subsection (1A) above, serve a notice under that subsection on the owner by whom this purchase notice was served, the purchase notice shall be deemed to be confirmed at the expiration of that period, and the authority shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of Part III of this Act, and to have served a notice to treat in respect thereof at the expiration of the said period.";
  2. (b) in subsection (1B), for the words "the last foregoing subsection" (in both places where they occur) there shall be substituted the words "subsection (1A) above";
  3. (c) in subsection (3), the words "the end of the period specified in subsection (1A) of this section" and the words "whichever is the earlier" shall cease to have effect;
  4. (d) in subsection (7), after the word "purpose" there shall be inserted the words "or the persons, authorities and undertakers concerned have agreed to dispense with such a hearing" "

Schedule 8, page 114, leave out line 3 and insert—

".In section 22 (supplementary provisions as to enforcement)—

  1. (a) in subsection (1), for the words "sheriff under the last foregoing section" there shall be substituted the words "Secretary of State";
  2. (b) in subsection (2),"

Schedule 8, page 115, line 16, at end insert—

"(b) in subsection (4), after the word "Act" there shall be inserted the words "or section 41 of the Act of 1968" "

Schedule 8, page 115, leave out lines 29 and 30.

Schedule 8, page 115, line 42, leave out from "the" to end of line 44 and insert words "section thirty-four of this Act" there shall be substituted the words "the Act of 1968"

Schedule 8, page 117, line 9, leave out "IV" and insert "V"

Schedule 8, page 118, line 28, after "16" insert "(1)(a), (f) or (g)"

Schedule 9, page 122, line 9, after first "of" insert "the enactments in"

Schedule 9, page 122, line 9, after "1947" insert "mentioned in Schedule 10 to this Act"

Schedule 9, page 122, line 15, after "of" insert "the said enactments in"

Schedule 9, page 123, line 17, after first "area" insert "wholly or partly within the area first-mentioned in this paragraph"

Schedule 9, page 123, line 43, at end insert—

" .The amendment of section 14 of the Civic Amenities Act 1967 which is made by paragraph 49 of Schedule 8 to this Act shall not have effect in relation to a notice served under that section before the commencement of Part II of this Act."

Schedule 9, page 124, line 11, leave out "31" and 32" and insert "33 and 34"

Schedule 10, page 125, line 43, at end insert—

"In section 17(3), the words "the end of the period specified in subsection 1(A) of this section", and the words "whichever is the earlier." "

Schedule 10, page 126, line 16, column 3, at end insert "except subsection (5)"

Schedule 10, page 126, line 37, column 3, at end insert—"

In section 107(4) the words "the foregoing provisions of" "

In the Title, line 3, after "authorities" insert "to make provision for Planning Inquiry Commissions;"

LORD HUGHES

My Lords, I do not know whether the statement which has just been made by the noble Earl is an invitation to me to move Amendments No. 10 to 100 en bloc. But if this is the wish of the House I shall be happy to do so. I think I can take it that silence means consent, therefore I beg to move that this House doth agree with the Commons in their Amendments Nos. 10 to 100.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Hughes.)

THE LORD CHANCELLOR (LORD GARDINER)

My Lords, if no noble Lord objects I will put the question, That this House doth agree with the Commons in their Amendments Nos. 10 to 100 inclusive.

On Question, Motion agreed to.

LORD HUGHES

My Lords, I am grateful to noble Lords for the consideration they have shown. Perhaps I might say this. The noble Earl, Lord Dundee, pointed out that we had already given full consideration to this Bill, yet it comes back from another place with 100 Amendments, covering 14 pages. This perhaps is a good lead as to the advantage of business of this kind starting in this House; because I am told that the corresponding Bill for England and Wales started in another place, came back to your Lordships and was then sent back to the other place with 56 pages of Amendments.

THE LORD OF DUNDEE

My Lords, may I say that the same moral also occurred to me. It seemed that it would be very unlikely that what has happened with this Bill would happen to a Bill which started in the other place.