House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 4 December 2012
90

Growth and Infrastructure Bill, continued

Michael Fallon

Nick Boles

123


Clause  23,  page  29,  line  29,  leave out from ‘means’ to end of line 31 and insert ‘—

(a)
a company or overseas company (within the meaning, in each

case, of the Companies Act 2006) which has a share capital, or

(b)
a European Public Limited-Liability Company (or Societas

Europaea) within the meaning of Council Regulation 2157/2001/

EC of 8 October 2001 on the Statute for a European Company.”’.

Michael Fallon

Nick Boles

124


Clause  23,  page  29,  line  31,  after ‘company)’, insert ‘, and

“parent undertaking” has the same meaning as in the Companies Act 2006’.

Michael Fallon

Nick Boles

125


Clause  23,  page  29,  line  31,  at end insert—

‘( )
In section 236(3) of that Act (orders and regulations subject to affirmative

resolution procedure), for “or 125(7)” substitute “, 125(7) or 205A(5A)”’.

Ian Murray

Roberta Blackman-Woods

107

Clause  23,  page  29,  line  31,  at end add—

‘(7)
This section may not come into force until the Secretary of State has published a

full analysis of the impact on employees’ income tax and national insurance

contributions of becoming an employee owner.’.

Ian Murray

Roberta Blackman-Woods

108

Clause  23,  page  29,  line  31,  at end add—

‘(7)
Before the end of three years beginning with the day on which this section comes

into force, the Secretary of State must—

(a)
carry out a review of employee ownership status;

(b)
set out the conclusions of the review in a report; and

(c)
publish the report.

(8)
The report referred to in section (7) above must in particular—

(a)
set out the objectives intended to be achieved by the introduction of

employee ownership;

(b)
assess the extent to which those objectives have been achieved; and

(c)
assess whether those objectives remain appropriate or whether this

section should be repealed.’.

Andrew Stunell

116


Clause  23,  page  29,  line  31,  at end insert—

‘(7)
The Secretary of State shall issue such guidance as is necessary to provide that

refusal to enter a voluntary agreement under section 1(a) by any person shall not

Public Bill Committee: 4 December 2012
91

Growth and Infrastructure Bill, continued

be grounds for reducing or withdrawing any state benefit to which they are

entitled by virtue of their current employment status.’.

Michael Fallon

Nick Boles

126


Clause  27,  page  30,  line  27,  after ‘Sections’ insert ‘[Permitted development rights

for changes of use: prior approvals],’.

Mr Nick Raynsford

Ian Murray

Roberta Blackman-Woods

93

Clause  27,  page  30,  line  29,  leave out ‘16 and 22’ and insert ‘and 16’.

New Clauses

Removal of Planning Act 2008 consent and certification requirements

Michael Fallon

Nick Boles

NC3

To move the following Clause:—

‘(1)
The Planning Act 2008 is amended as follows.

(2)
In section 127 (compulsory acquisition of statutory undertakers’ land, and rights

over statutory undertakers’ land)—

(a)
in subsection (2), for the words from “Secretary of State” to the end

substitute “Secretary of State is satisfied of the matters set out in

subsection (3).”;

(b)
in subsection (5), for the words from “Secretary of State” to the end

substitute “Secretary of State is satisfied of the matters set out in

subsection (6).”;

(c)
omit subsection (7).

(3)
Section 137 (consent of statutory undertakers etc required to extinguishment of

right of way over land on which they have apparatus) is repealed.

(4)
In section 138 (extinguishment of rights, and removal of apparatus, of statutory

undertakers etc)—

(a)
in subsection (4), for the words from “only if” to the end substitute “only

if the Secretary of State is satisfied that the extinguishment or removal is

necessary for the purpose of carrying out the development to which the

order relates.”;

(b)
after subsection (4) insert—

“(4A)
In this section “statutory undertakers” means persons who are, or

are deemed to be, statutory undertakers for the purpose of any

provision of Part 11 of TCPA 1990.

Public Bill Committee: 4 December 2012
92

Growth and Infrastructure Bill, continued

(4B)
In this section the following terms have the meanings given in

paragraph 1(1) of Schedule 17 to the Communications Act

2003—

“electronic communications apparatus”;

“electronic communications code”;

“electronic communications code network”;

“operator”.”;

(c)
omit subsections (5) and (6).

(5)
In Schedule 12 (modifications of Act in its application to Scotland), in paragraph

18, for “Section 137(7)” substitute “Section 138(4A)”.’.

Permitted development rights for changes of use: prior approvals

Michael Fallon

Nick Boles

NC14


To move the following Clause:—

‘(1)
In section 60 of the Town and Country Planning Act 1990 (planning permission

granted by development order) after subsection (2) insert—

“(2A)
Without prejudice to the generality of subsection (1), where planning

permission is granted by a development order for development consisting

of a change in the use of land in England, the order may require the

approval of the local planning authority, or of the Secretary of State, to

be obtained—

(a)
for the use of the land for the new use;

(b)
with respect to matters that relate to the new use and are specified

in the order.”

(2)
In section 70A(5) of that Act (“relevant application” includes an application for

approval under section 60(2)) after “60(2)” insert “or (2A)”.’.

Purpose of planning

Roberta Blackman-Woods

Ian Murray

NC1

To move the following Clause:—

‘In Part 2 of the Planning and Compulsory Purchase Act 2004 insert—

“13A
The Purpose of Planning

(1)
The purpose of the planning system is to positively promote the long term

spatial organisation of land in order to achieve sustainable development.

Public Bill Committee: 4 December 2012
93

Growth and Infrastructure Bill, continued

(2)
In the Planning Act 2008, sustainable development means managing the

use, development and protection of land and natural resources in a way,

or at a rate, which enables people and communities to provide for their

legitimate social, economic and cultural wellbeing while sustaining the

potential of future generations to meet their own needs by respecting

environmental limits.

(3)
In achieving sustainable development, planning should—

(a)
positively identify suitable land for development in line with the

economic, social and environmental objectives so as to improve

the quality of life, wellbeing and health of people and

communities;

(b)
contribute to sustainable economic development;

(c)
protect and enhance the natural and historic environment and

quality of existing communities and the countryside;

(d)
ensure long term sustainable patterns of resource use;

(e)
positively promote civic beauty through high quality and

inclusive design; and

(f)
ensure the planning system is open, transparent, participative and

accountable.”.’.

Requirement for local development documents to contribute to social cohesion and

inclusion

Roberta Blackman-Woods

Ian Murray

NC2

To move the following Clause:—

‘In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation

of local development documents) after subsection (1A) insert—

“(1B)
Local development documents must (taken as a whole) include policies designed

to secure that the development and use of land in the local planning authority’s

area contribute to social cohesion and inclusion by addressing the needs of all

sections of the community and in particular requirements relating to age, sex,

ethnic background, religion, disability and income.”’.

Development plan documents: climate change policies

Roberta Blackman-Woods

Ian Murray

NC4

To move the following Clause:—

‘In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation

of local development documents) after subsection (1) insert—



© Parliamentary copyright	Revised 4 December 2012