Planning Appeals Bill

House of Commons

Session 1998-99
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Other Bills before Parliament

Planning Appeals Bill

This is the text of the Planning Appeals Bill, as presented to the House of Commons on 13th January 1999.

Planning Appeals Bill

ARRANGEMENT OF CLAUSES

Clause

1. Amendment of the Town and Country Planning Act 1990.

2. Expenses.

3. Short title.

A
B I L L
TO
Remove the right of appeal to the Secretary of State against certain planning decisions.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Amendment of the Town and Country Planning Act 1990.     1. - (1) Section 78 of the Town and Country Planning Act 1990 (right to appeal against planning decisions and failure to take such decisions) is amended as follows.

    (2) In subsection (1), at the beginning, insert the words "Subject to subsection (2A) below,".

    (3) After subsection (2) insert the following new subsections-

    "(2A) No appeal shall be made under subsection (1) where-

(a) the local planning authority is a local authority;

(b) not less than four fifths of the members of-

(i) the planning committee; or

(ii) the full council

of the authority who participated in any vote on the decision in question voted in support of that decision; and

(c) the authority has caused a referendum to be held in which a majority of those voting is in favour of the authority's decision.

    (2B) A referendum under subsection (2A) shall be held in accordance with regulations made by the Secretary of State.".

Expenses.     2. There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums so payable under any other enactment.

Short title.     3. This Act may be cited as the Planning Appeals Act 1999.

© Parliamentary copyright 1999
Prepared 22 April 1999