The Government yesterday quietly published its Planning and Compulsory Purchase Bill which can be found online at:
http://www.publications.parliament.uk/pa/cm200203/cmbills/012/2003012.htm
This Bill covers topics which were set out for consultation in the Planning Green Paper and the subsequent policy statement "Sustainable Communities - Delivering through Planning" which was published in July 2002. The Bill relates only to England and Wales (although various elements will differ in each country).
It covers matters such as:
* Reform of strategic planning: reorganisation of the regional, county and local tiers of development plans in England. Regional Plans to be replaced by Regional Spatial Strategies; local development documents (LDDs) will replace local plans, unitary development plans and structure plans. The basic pattern of development plans (to be known as local development plans) to be retained in Wales.
* New requirement for National Assembly for Wales to produce a Wales Spatial Plan
* Creation a new duty for authorities to exercise their planning functions in a way which contributes to sustainable development
* Amendment of the existing power of local authorities, joint planning boards and National Park authorities to acquire land compulsorily
* The creation of a new requirement for local planning authorities to publish a "statement of community involvement" to set out their policy for involving interested parties in matters relating to development in their area.
* Local development orders - introduction of a new procedure to allow local planning authorities to expand on the permitted development rights set nationally by way of development orders
* Statement of development principles - a new procedure for any person wishing to obtain an indication from a local planning authority as to whether a proposed development would be acceptable in principle.
* Amendment to the Secretary of States powers to make secondary legislation prescribing the form of applications for consent for planning permission or other consents such as for tree preservation orders, for the display of advertisements and for listed building and conservation area consents.
* New powers for local planning authorities to decline applications to prevent 'twin-tracking'
* New powers in England only of call-in by the Secretary of State for projects which he judges to be major infrastructure projects of national or regional importance and any associated applications. Such applications once called-in will be determined by the Secretary of State under the advice of a planning inspector.
* Amendments to the existing powers for Local Planning Authorities to create Simplified Planning Zones. Such SPZs to be directly linked in with Regional Spatial Strategies. Secretary of State given power to direct Local Planning Authorities to create SPZs.
* New procedure to allow a short period of "dual jurisdiction" between the Secretary of State and the local planning authority where an appeal has been made against non-determination of a planning application by that authority. Local Planning Authorities will be permitted to determine application in the "dual jurisdiction" period.
* Reduction for the period of validity of a planning permission, a listed building consent and a conservation area consent from five to three years. But local planning authorities may still direct longer or shorter periods where this would be appropriate.
* Introduction of a requirement that those persons or bodies which are required to be consulted by the Secretary of State, the National Assembly for Wales or a local planning authority (as the case may be) before the grant of any permission, approval or consent under the planning Acts must respond to consultation requests within a prescribed period. Secretary of State given powers to require reports on performance of consultees in meeting response deadlines.
* Requirement for the Secretary of State to set a timetable for his decisions on "called-in" planning applications and recovered appeals, together with any other decisions for which he is responsible
* New powers for Secretary of State or the National Assembly for Wales to give grants to bodies, such as Planning Aid, which provide advice and assistance to members of the public on all aspects of the planning process.
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Alex Hunt
Research and Conservation Officer
Council for British Archaeology
Bowes Morrell House
111 Walmgate
York
YO1 9WA
Tel: 01904 671417
Fax: 01904 671384
Web: http://www.britarch.ac.uk
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