HL Deb 04 February 1991 vol 525 cc959-68

3. Schedule 6A to the 1972 Act is amended as follows.

4. At the end of paragraph 4(1) there is added "and, in either case, requires the planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme."

5. In paragraph 7(4) for "to hold a local inquiry or other hearing" there is substituted "for the purposes of this paragraph".

(6).—(1) In paragraph 8 for sub-paragraph (1) there is substituted— (1) After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of any person holding an inquiry or hearing or considering the objections under paragraph 7, the planning authority may by resolution adopt the proposals (subject to the following provisions of this paragraph and of paragraph 9 of this Schedule).

(2) In sub-paragraph (3) of that paragraph, for "consider modifying" there is substituted "modify".

7. In paragraph 9(2) (a) after "hearing" there is inserted "or any consideration of objections".

8. For paragraph 11(1) there is substituted—

"11.—(1) Where—

  1. (a) a planning authority are directed under paragraph 3 to make a simplified planning zone scheme which the Secretary of State considers appropriate or to alter such a scheme in such manner as he considers appropriate, and
  2. (b) the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme,
he may himself make a scheme or, as the case may be, the alterations."

9. In paragraph 12(2) — (a) after paragraph (b) there is inserted— (bb) make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations;" and (b) in paragraph (e) the words from "for the purpose" to "5(3)" are omitted.").

After Schedule 6 insert the following new Schedule—

("Planning compensation repeals-Scotland: minor and consequential amendments

Land Compensation (Scotland) Act 1963 (c.51)

1. In section 23 of the Land Compensation (Scotland) Act 1963 (assumptions not directly derived from development plans)—

(a) for subsection (3) there is substituted— (3) Subject to subsection (4) of this section, it shall be assumed that, in respect of the relevant land or any part of it, planning permission would be granted—

  1. (a) subject to the condition set out in Schedule 16 to the Town and Country Planning (Scotland) Act 1972, for any development of a class specified in paragraph 1 of Schedule 6 to that Act; and
  2. (b) for any development of a class specified in paragraph 2 of Schedule 6 to that Act."; and

(b) in subsection (4), paragraphs (a) and (b) are omitted.

(2) This paragraph shall have effect, or be treated as having had effect, in relation to compensation which fell or falls to be assessed by reference to prices current on 16th November 1990 or on any subsequent date.

Gas Act 1965 (c. 36)

2. In Schedule 3 to the Gas Act 1965, paragraph (3) is omitted.

Land Compensation (Scotland) Act 1973 (c. 56)

3.—(1) In section 5 of the Land Compensation (Scotland) Act 1973 (assessment of compensation: assumptions as to planning permission)—

(a) for subsection (2) there is substituted— (3) Subject to subsection (3) below, it shall be assumed that, in respect of the land in which the interest subsists ("the relevant land") or any part of it, planning permission would be granted—

  1. (a) subject to the condition set out in Schedule 16 to the Town and Country Planning (Scotland) Act 1972, for any development of a class specified in paragraph 1 of Schedule 6 to that Act; and
  2. (b) for any development of a class specified in paragraph 2 of Schedule 6 to that Act."; and

(b) in subsection (3), paragraphs (a) and (b) are omitted.

(2) This paragraph shall have effect, or be treated as having had effect, where the relevant date for the purposes of Part I of the Land Compensation (Scotland) Act 1973 fell or falls on or after 16th November 1990.

The 1972 Act

4. The 1972 Act is amended as follows.

5. In section 19 (meaning of "development" and "new development") subsection (5) (meaning of new development) is omitted.

6. In section 40(3) (date when development is begun), for paragraph (b) there is substituted— (b) development of a class specified in paragraph 1 or 2 of Schedule 6 to this Act;".

7. In the proviso to section 29(2) (permission to retain buildings or works or continue use of land), for "of sections 64 to 83 or of Part VII" there is substituted "or of sections 64 to 83".

8. Sections 35 and 36 (review of planning decisions where compensation claimed) are omitted.

9. In section 56G (deemed hazardous substances consent by virtue of authorisation of government department), in subsection (3) for "Parts VII and XII" there is substituted "Part VII".

10. In section 58(2)(a) (tree preservation orders) "35, 36" is omitted.

11. In section 231(3) (validity of orders etc.) paragraph (c) is omitted.

12. In section 106 (compensation on compulsory acquisition of listed building) the words from "other than" to the end are omitted.

13.—(1) In section 153(4) (compensation where planning permission modified or revoked) for "for development of the land of any class specified in Schedule 6 to this Act" there is substituted "—

  1. (a) subject to the condition set out in Schedule 16, for any development of a class specified in paragraph 1 of Schedule 6;
  2. (b) for any development of a class specified in paragraph 2 of Schedule 6."

(2) This paragraph shall have effect, or be treated as having had effect, in relation to claims made on or after 16th November 1990.

14. In section 155 (recording and apportionment of compensation for depreciation)—

(a) for subsection (3) there is substituted—

"(3) Regulations under this section shall make provision—

  1. (a) for enabling the claimant or any other person to whom notice of the planning authority's apportionment has been given in accordance with subsection (1) of this section, or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the Lands Tribunal;
  2. (b) for enabling the claimant and any other person mentioned in paragraph (a) of this subsection to be heard by the Tribunal on any reference under this section of that apportionment; and
  3. (c) for requiring the Tribunal, on any such reference, either to confirm or vary the apportionment and to notify the parties of the decision.";

(b) in subsection (5), the words from "and subsection (5)" to the end are omitted;

(c) after subsection (5) there is inserted— (5A) In relation to compensation for depreciation specified in a notice recorded or, as the case may be, registered under the preceding provisions of this section, references in this Part of this Act to so much of the compensation as if attributable to a part of the land to which the notice relates shall be construed in accordance with the following provisions, that is to say—

  1. (a) if the notice does not include an apportionment under the preceding provisions of this section, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the notice relates;
  2. (b) if the notice includes such an apportionment, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made; and so much of the compensation as, in accordance with the apportionment, is 962 attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land."; and

(d) in subsection (6), "and in section 156 of this Act" is omitted.

15. Section 156 (contribution by Secretary of State towards compensation in certain cases) is omitted.

16. Before section 157 there is inserted—

"Recovery of compensation on subsequent development.

156A.—(1) No person shall carry out any development to which this section applies, on land in respect of which a notice (hereafter in this Part of this Act referred to as a "compensation notice") is recorded or, as the case may be, registered under section 155(5) of this Act, until such amount, if any, as is recoverable under this section in respect of the compensation specified in the notice has been paid or secured to the satisfaction of the Secretary of State.

(2) Subject to the following provisions of this section, this section applies to any development—

  1. (a) which is development of a residential commercial or industrial character and consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination thereof; or
  2. (b) which consists in the winning and working of minerals; or
  3. (c) to which, having regard to the probable value of the development, it is in the opinion of the Secretary of State reasonable that this section should apply.

(3) This section shall not apply to any development by virtue of subsection (2)(c) of this section if, on an application made to him for the purpose, the Secretary of State has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section should apply thereto.

(4) Where the compensation specified in the compensation notice became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.

(5) This section does not apply to any development—

  1. (a) of a class specified in paragraph 1 of Schedule 6 which is carried out in accordance with the condition set out in Schedule 16; or
  2. (b) of a class specified in paragraph 2 of Schedule 6.

(6) This section does not apply in a case where the compensation under section 153 of this Act specified in a compensation notice became payable in respect of an order modifying planning permission, and the development is in accordance with that permission as modified by that order.

Amount recoverable, and provisions for payment or remission thereof.

156B.—(1) Subject to the following provisions of this section, the amount recoverable under section 156A of this Act in respect of the compensation specified in a compensation notice—

  1. (a) if the land on which the development is to be carried out (in this subsection referred to as "the development area") is identical with, or includes (with other land) the whole of, the land comprised in the compensation notice, shall be the amount of compensation specified in that notice;
  2. (b) if the development area forms part of the land comprised in the compensation notice, or includes part of that land together with other land not comprised in that notice, shall be so much of the amount of the compensation 963 specified in that notice as is attributable to land comprised in that notice and falling within the development area.

(2) Where, in the case of any land in respect of which a compensation notice has been recorded, the Secretary of State is satisfied, having regard to the probable value of any proper development of that land, that no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or any part of any amount otherwise recoverable under section 156A of this Act.

(3) Where, in connection with the development of any land, an amount becomes recoverable under section 156A of this Act in respect of the compensation specified in a compensation notice, then, except where, and to the extent that, payment of that amount has been remitted under subsection (2) of this section, no amount shall be recoverable under section 156A of this Act in respect of that compensation, in so far as it is attributable to that land, in connection with any subsequent development thereof.

(4) No amount shall be recoverable under section 156A of this Act in respect of any compensation by reference to which a sum has become recoverable by the Secretary of State under section 244 of this Act.

(5) An amount recoverable under section 156A of this Act in respect of any compensation shall be payable to the Secretary of State, and

  1. (a) shall be so payable either as a single capital payment or as a series of instalments of capital and interest combined, or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the Secretary of State may direct, after taking into account any representations made by the person by whom the development is to be carried out; and
  2. (b) except where the amount is payable as a single capital payment, shall he secured by that person to the satisfaction of the Secretary of State (whether by heritable or other security, personal bond or otherwise).

(6) If any person initiates any development to which section 156A applies in contravention of subsection (1) of that section, the Secretary of State may serve a notice on him specifying the amount appearing to the Secretary of State to be the amount recoverable under that section in respect of the compensation in question, and requiring him to pay that amount to the Secretary of State within such period, not being less than three months after the service of the notice, as may be specified in the notice.

(7) Where, after a compensation notice in respect of any land has been recorded or, as the case may be, registered, any amount recoverable under this section in respect of the compensation specified in the notice, or any part of such amount, has been paid to the Secretary of State, or circumstances arise under which by virtue of any provision of this Act no amount is so recoverable in respect of the land specified in the notice or any part of that land, the Secretary of State shall cause to be recorded in the appropriate Register of Sasines or, as the case may be, registered in the Land Register of Scotland, a notice of that fact, specifying the land to which such fact relates, and, in the case of any notice of the fact that part only of such amount has been so paid, stating whether the balance has been secured to the satisfaction of the Secretary of State or has been remitted by him under subsection (2) of this section, and shall send a copy thereof to the planning authority."

17. In section 157 (recovery, on subsequent development, of compensation under section 153)—

  1. (a) subsection (1) is omitted;
    2. 964
  2. (b) in subsection (2), for "section 148 of this Act, as applied by subsection (1) of this section" there is substituted "section 156A of this Act";
  3. (c) in subsection (3)—
    1. (i) paragraph (a) is omitted; and
    2. (ii) in the proviso, "paragraph (a) or" is omitted; and
  4. (d) subsection (4) is omitted.

18. In section 169 (purchase notice on refusal or conditional grant of planning permission)—

  1. (a) in subsection (2), for the words from "no account shall be taken" to the end there is substituted "no account shall be taken of any prospective development other than any development specified in paragraph 1 or 2 of Schedule 6 to this Act."; and
  2. (b) subsection (3) is omitted.

19. In section 176 (special provisions as to compensation where purchase notice served)—

  1. (a) in subsection (2), for "existing use value" there is substituted "Schedule 6 value"; and
  2. (b) in subsection (5), for the definition of "existing use value" there is substituted—

""Schedule 6 value", in relation to such an interest, means the value of that interest calculated on the assumption that planning permission would be granted—

  1. (a) subject to the conditions set out in Schedule 16, for any development of a class specified in paragraph 1 of Schedule 6; and
  2. (b) for any development of a class specified in paragraph 2 of Schedule 6."

20. In section 244 (recovery from acquiring authorities of sums paid by way of compensation)—

  1. (a) in subsection (1), for "147(5)" there is substituted "155(5A)"; and
  2. (b) in subsection (2), the words from "subsection (4)" to "applied by" are omitted.

21. Section 245 (recovery from acquiring authorities of sums paid in respect of war-damaged land) is omitted.

22. In section 246 (sums recoverable from acquiring authorities reckonable for purposes of grant), "or 245" is omitted.

23. In section 247 (expenses of government departments), in subsection (1) (b) "Part VII or" is omitted.

24. Section 248 (payments under section 56 of Act of 1947 and Parts I and V of Act of 1954) is omitted.

25. In section 249 (general provision as to receipts of Secretary of State, "Without prejudice to section 248 of this Act, and" is omitted.

26. For subsection (1) of section 255 (supplementary provisions as to Crown interest), there is substituted— (1) Subject to subsection (2) of this section, where there is a Crown interest in any land, the provisions of sections 155 to 157 of this Act, and the provisions of Schedule 22 to this Act in so far as they relate to those sections, shall have effect in relation to any private interest as if the Crown interest were a private interest.

27. Sections 263 (assumptions as to planning permission in determining value of interests in land) and 264 (recovery, on subsequent development, of payments in respect of war-damaged land) are omitted.

28. In section 275 (interpretation), in subsection (1), the definition of "new development" is omitted.

29. In Schedule 6 (development not constituting new development)—

  1. (a) paragraphs 3 to 9 and 12 are omitted; and
  2. (b) in paragraph 14, for sub-paragraph (2) there is substituted—

"(2) This paragraph does not apply for the purposes of sections 157 and 169 of this Act.

30. In Schedule 19 (provisions referred to in sections 250, 251 etc.), in Part I, the entry relating to section 158 is omitted."

Civil Aviation Act 1982 (c. 16)

31. In section 53(1) (a) of the Civil Aviation Act 1982 "158," is omitted.

Airports Act 1986 (c. 31)

32. In section 61(1) (a) of the Airports Act 1986 "158," is omitted.")

The noble and learned Lord said: Amendments Nos. 270 to 273 were spoken to with Amendment No. 114. I beg to move.

On Question, amendments agreed to.

Clause 43 agreed to.

Schedule 7 [Planning in Scotland: minor and consequential amendments.]:

Lord Fraser of Carmyllie moved Amendment No. 274: Page 102, line 4, after ("1.") insert ("The 1972 Act is amended as follows—

1A.").

The noble and learned Lord said: In moving Amendment No. 274, I speak also to amendments Nos. 275 to 286. These add to and amend Schedule 7 to the Bill. Schedule 7 makes a series of minor and consequential amendments to the 1972 Act for Scotland which are related to the provisions at Clauses 27 to 42 of the Bill. It also includes amendments which will enable subordinate legislation in particular cases to be made either by regulation or by development order. The additions to Schedule 7 made by these amendments either make essential drafting changes or are equivalent to the minor or consequential amendments in Schedule 6 for England and Wales. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendments Nos. 275 to 286: Page 102, line 4, leave out ("of the 1972 Act"). Page 102, line 31, after ("(i)") insert: ("the words "Subject to the provisions of section 26(2) to (5) of this Act," are omitted; (ia)") . Page 102, line 36, at end insert: ("4A. In the proviso to subsection (2) of section 29 (permission to retain buildings or works etc.), for "or 57, or of Part VII" there is substituted "57 or 145"."). Page 102, line 45, at end insert: ("5A. In subsection (4) of section 32 (reference of applications to Secretary of State)—

  1. (a) for the words from "23" to "28A" there is substituted "26, 27(1), 27A and 28A"; and
  2. (b) at the end there is inserted "and regulations under this Act or a development order may apply, with or without modifications, to an application so referred any requirements imposed by such regulations or such an order by virtue of section 23 or 24 of this Act.".").
Page 102, line 48, leave out ("and"). Page 103, line 1, after ("(b)") insert: ("in subsection (5)—
  1. (i) "23, 24" is omitted; and
  2. (ii) at the end there is inserted "and regulations under this Act or a development order may apply, with or without modifications, to such an 966 appeal any requirements imposed by regulations or such an order by virtue of section 23 or 24 of this Act; and
 (c)"). Page 103, line 12, at end insert: ("9A. Section 84(11) is omitted."). Page 103, line 34, leave out from ("whether") to ("lawful") in line 38 and insert ("on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which the permission was granted was"). Page 103, line 39, at end insert: ("(c) after subsection (5) there is inserted— (5A) The provisions of sections 90 to 90C of this Act mentioned in subsection (5B) of this section shall apply for the purposes of subsection (5) (d) of this section as they apply for the purposes of section 90 of this Act, but as if—
  1. (a) any reference to an application for a certificate were a reference to the appeal and any reference to the date of such an application were a reference to the date on which the appeal is made; and
  2. (b) references to the planning authority were references to the Secretary of State.
(5B) Those provisions are: sections 90(5) to (7), 90B(4) (so far as it relates to the form of the certificate), (6) and (7) and 90C."; and (d) subsection (11) is omitted. 10A. In section 87 (stop notices)—
  1. (a) in subsection (4) (c), for "84(7) (c)" there is substituted "84AA(7)";
  2. (b) in subsection (5), for the words "activity prohibited by the stop notice" there is substituted "relevant activity"; and
  3. (c) in subsection (9), for "84(5)" there is substituted "84".").
 Page 103, line 41, at end insert: ("11A. In subsection (2) of section 88 (execution and cost of works required by enforcement notice), "(as defined in section 84(2) of this Act)" is omitted. Page 104, line 9, at end insert: ("13A. In subsection (1) of section 145 (determination of claims)—
  1. (a) the words "this Part of", in both places where they occur, are omitted; and
  2. (b) at the end there is inserted—
(d) for requiring the Secretary of State to pay any compensation determined under this section to the person entitled thereto.".") 13B. In subsection (1) of section 166 (compensation for loss due to stop notice)—
  1. (a) for the words "in any of the circumstances mentioned in subsection (2) of this section" there is substituted "subject to the provisions of this section,"; and
  2. (b) at the end there is inserted "or, in a case to which subsection (2) (b) of this section applies, the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities".
13C. In subsection (2) of that section, for paragraphs (a) and (b) there is substituted—
  1. "(a) the enforcement notice is quashed on grounds other than those mentioned in paragraph (a) of section 85(1) of this Act;
  2. (b) the enforcement notice is varied (otherwise than on the grounds mentioned in that paragraph) so that any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity within the meaning of section 87(2) of this Act;"
13D. In subsection (5) of section 201 (order extinguishing right to use vehicles on highway), the definition of "lawful access" is omitted."). Page 104, line 12, at end insert: ("15. Section 234 is omitted.

16. In subsection (1) (b) of section 247 (expenses of government departments), for "Part VII" there is substituted "section 145".

17. In subsection (2) (a) of section 253 (exercise of powers in relation to Crown land), for "84" there is substituted "83C, 84, 84AB, 87, 87AA".")

18. In section 265 (rights of entry)—

  1. (a) in subsection (1) (b)—
    1. (i) "58 or" is omitted; and
    2. (ii) for the words "either of those sections" there is substituted "section 61";
  2. (b) in subsection (1) (c), for the words "Part V" there is substituted "sections 92 to 97BC and 101";
  3. (c) subsection (2A) (a) is omitted;
  4. (d) in subsection (4) (b), "or 99" is omitted; and
  5. (e) in subsection (5) "Part VII of" is omitted.")

19. In subsection (3) of section 266 (supplementary provisions as to rights of entry), for "premises" there is substituted "land".

20.—(1) In subsection (1) of section 275 (interpretation)— (a) after the definition of "authority to whom Part II of the 1959 Act applies" there is inserted— "breach of condition notice" has the meaning given in section 87AA of this Act; breach of planning control" has the meaning given in section 83A of this Act; (b) the definition of "established use certificate" is omitted; and (c) after the definition of "owner" there is inserted— "planning contravention notice" has the meaning given in section 83C of this Act;".

(2) In subsection (9) of that section, for "or 257" there is substituted ", 257 or 258".

21.—(1) In paragraph 2 of Schedule 7 (determination of appeals), in sub-paragraph (1) (a), for "subsections (3) and (5)" there is substituted "subsections (3), (5) and (7A)".

(2) In paragraph 3 of that Schedule, in subparagraph (2), for "section 26(3) (a)" there is substituted "section 26(3)".

22. In Schedule 19 (sections 250, 251 etc.)—

  1. (a) in Part I—
    1. (i) after the entry for section 26(1) there is inserted "Section 26A"; and
    2. (ii) for "Sections 48 to 51" there is substituted "Section 49 to 50"; and
  2. (b) in Part II, in the entry for section 33, for "and" there is substituted "to".

Local Government, Planning and Land Act 1980 (c.65.)

23. In Part I of Schedule 30 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the 1972 Act there listed: 83C, 83D, 84AA, 84AB and 87AA.

Town and Country Planning Act 1984 (c.10)

24.—(1) Section 1 of the Town and Country Planning Act 1984 is amended as follows.

(2) In subsection (1) for "determination under section 51 of the Act of 1972 (determination whether planning permission is required)" there is substituted "certificate under section 90A of the Act of 1972 (certificate of lawfulness of proposed use or development).

(3) In subsection (2) for "or determination" there is substituted "or certificate".

(4) For subsection (4) there is substituted— (4) Any application made by virtue of this section for a certificate under section 90A shall be determined as if the land were not Crown land.

(5) In subsection (5) (a) for "determinations" there is substituted "certificates".

(6) In subsection (7) for "determination" there is substituted "certificate".").

On Question, amendments agreed to.

On Question, Schedule 7, as amended, agreed to.

Viscount Astor

I beg to move that the House be now resumed. In moving this Motion, may I suggest that the Committee stage begin again at 8 p.m.

Moved accordingly, and, On Question, Motion agreed to.

House resumed.