Planning and Compulsory Purchase Act 2004 - legislation

1 Planning and Compulsory Purchase Act 2004 CHAPTER 5 CONTENTSPART 1 REGIONAL FUNCTIONSS patial strategy1 Regional Spatial StrategyPlanning bodies2 Regional Planning bodies3 RPB: general functions4 Assistance from certain local authoritiesRSS revision5 RSS: revision6 RSS: community involvement7 RSS: Secretary of State s functions8 RSS: examination in public9 RSS: further procedure10 Secretary of State: additional powersSupplementary11 Regulations12 SupplementaryPlanning and Compulsory Purchase Act 2004 (c. 5)iiPART 2 LOCAL DEVELOPMENTS urvey13 Survey of area14 Survey of area: county councilsDevelopment schemes15 Local development scheme16 Minerals and waste development schemeDocuments17 Local development documents18 Statement of community involvement19 Preparation of local development documents20 Independent examination21 Intervention by Secretary of State22 Withdrawal of local development documents23 Adoption of local development documents24 Conformity with regional strategy25 Revocation of local development documents26 Revision of local development documents27 Secretary of State s default power28 Joint local development documentsJoint committees29 Joint committees30 Joint committees.

2 Additional functions31 Dissolution of joint committeeMiscellaneous32 Exclusion of certain representations33 Urban development corporations34 Guidance35 Annual monitoring reportGeneral36 Regulations37 InterpretationPART 3 DEVELOPMENTD evelopment plan38 Development planPlanning and Compulsory Purchase Act 2004 (c. 5)iiiSustainable development39 Sustainable developmentPART 4 DEVELOPMENT CONTROLL ocal development orders40 Local development ordersRevision of development orders41 Effect of revision or revocation of development order on incompletedevelopmentApplications42 Applications for Planning permission and certain consents43 Power to decline to determine applicationsMajor infrastructure projects44 Major infrastructure projectsSimplified Planning zones45 Simplified Planning zonesPlanning contribution46 Planning contribution47 Planning contribution: regulations48 Planning contribution: WalesMiscellaneous49 Development to include certain internal operations50 Appeal made.

3 Functions of local Planning authority51 Duration of permission and consent52 Temporary stop notice53 Fees and charges54 Duty to respond to consultation55 Time in which Secretary of State to take decisionsPART 5 CORRECTION OF ERRORS56 Correction of errors in decisions57 Correction notice58 Effect of correction59 SupplementaryPlanning and Compulsory Purchase Act 2004 (c. 5)ivPART 6 WALESS patial plan60 Wales Spatial PlanSurvey61 SurveyPlans62 Local development plan63 Preparation requirements64 Independent examination65 Intervention by Assembly66 Withdrawal of local development plan67 Adoption of local development plan68 Revocation of local development plan69 Review of local development plan70 Revision of local development plan71 Assembly s default power72 Joint local development plansMiscellaneous73 Exclusion of certain representations74 Urban development corporations75 Guidance76 Annual monitoring reportGeneral77 Regulations78 InterpretationPART 7 CROWN APPLICATION OF Planning ACTSCHAPTER 1 ENGLAND AND WALESC rown application79 Crown application of Planning ActsNational security80 Special provision

4 Relating to national security81 Special provision relating to national security: WalesPlanning and Compulsory Purchase Act 2004 (c. 5)vUrgent development and works82 Urgent Crown development83 Urgent works relating to Crown landEnforcement84 Enforcement in relation to Crown landTrees85 Tree preservation orders: Forestry Commissioners86 Trees in conservation areas: acts of CrownMiscellaneous87 Old mining permissions88 Subordinate legislation89 Crown application: transitionalCHAPTER 2 SCOTLANDC rown application90 Crown application of Scottish Planning ActsNational security91 Special provision for certain circumstances where disclosure of informationas to national security may occur: ScotlandUrgent development and works92 Urgent Crown development: Scotland93 Urgent works relating to Crown land: ScotlandEnforcement94 Enforcement in relation to Crown land.

5 ScotlandTrees95 Tree preservation orders: Scotland96 Trees in conservation areas in Scotland: acts of CrownMiscellaneous97 Old mining permissions: Scotland98 Subordinate legislation : ScotlandPlanning and Compulsory Purchase Act 2004 (c. 5)viPART 8 Compulsory PURCHASEA cquisition of land for development99 Compulsory acquisition of land for development etcAuthorisation of Compulsory acquisition100 Procedure for authorisation by authority other than a Minister101 Procedure for authorisation by a Minister102 Confirmation by acquiring authorityValuation date103 Assessment of compensation: valuation dateAdvance payments104 Compensation: advance payments to mortgageesInformation105 Power to require informationLoss payments106 Basic loss payment107 Occupier s loss payment108 Loss payments: exclusions109 Loss payments.

6 SupplementaryCorresponding amendments of other enactments110 Corresponding amendments of other enactmentsPART 9 MISCELLANEOUS AND GENERALC rown111 CrownParliament112 ParliamentMiscellaneous113 Validity of strategies, plans and documents114 Examinations115 Grants for advice and assistancePlanning and Compulsory Purchase Act 2004 (c. 5)vii116 Isles of Scilly117 InterpretationGeneral118 Amendments119 Transitionals120 Repeals121 Commencement122 Regulations and orders123 Finance124 Extent125 Short TitleSchedule 1 Local development orders: procedureSchedule 2 Timetable for decisionsSchedule 3 Crown applicationSchedule 4 Transitional provisions: Crown applicationPart 1 The principal ActPart 2 The listed buildings ActSchedule 5 Crown application: ScotlandSchedule 6 Amendments of the Planning ActsSchedule 7 Amendments of other enactmentsSchedule 8 Transitional provisions: Parts 1 and 2 Schedule 9 RepealsELIZABETH IIc.

7 5 Planning and Compulsory Purchase Act 20042004 CHAPTER 5An Act to make provision relating to spatial development and town andcountry Planning ; and the Compulsory acquisition of land.[13th May 2004]EITENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 REGIONAL FUNCTIONSS patial strategy1 Regional Spatial Strategy(1)For each region there is to be a regional spatial strategy (in this Part referred toas the RSS ).(2)The RSS must set out the Secretary of State s policies (however expressed) inrelation to the development and use of land within the region.

8 (3)In subsection (2) the references to a region include references to any area withina region which includes the area or part of the area of more than one localplanning authority.(4)If to any extent a policy set out in the RSS conflicts with any other statement orinformation in the RSS the conflict must be resolved in favour of the policy.(5)With effect from the appointed day the RSS for a region is so much of theregional Planning guidance relating to the region as the Secretary of and Compulsory Purchase Act 2004 (c. 5)Part 1 Regional functions2(6)The appointed day is the day appointed for the commencement of this bodies2 Regional Planning bodies(1)The Secretary of State may give a direction recognising a body to whichsubsection (2) applies as the regional Planning body for a region (in this Partreferred to as the RPB ).

9 (2)This subsection applies to a body (whether or not incorporated) which satisfiessuch criteria as are prescribed.(3)The Secretary of State must not give a direction under subsection (1) in relationto a body unless not less than 60% of the persons who are members of the bodyfall within subsection (4).(4)A person falls within this subsection if he is a member of any of the followingcouncils or authorities and any part of the area of the council or authority (asthe case may be) falls within the region to which the direction (if given) willrelate (a)a district council;(b)a county council;(c)a metropolitan district council;(d)a National Park authority;(e)the Broads authority.(5)The Secretary of State may give a direction withdrawing recognition of a body.

10 (6)Subsection (7) applies if the Secretary of State (a)does not give a direction under subsection (1) recognising a body, or(b)gives a direction under subsection (5) withdrawing recognition of abody and does not give a direction under subsection (1) recognisingany other body.(7)In such a case the Secretary of State may exercise such of the functions of theRPB as he thinks appropriate.(8)A change in the membership of a body which is not incorporated does not (byitself) affect the validity of the recognition of the : general functions(1)The RPB must keep under review the RSS.(2)The RPB must keep under review the matters which may be expected toaffect (a)development in its region or any part of the region;(b)the Planning of that development.