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| Thursday 29 November 2012 |
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| For other Amendment(s) see the following page(s):
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| Growth and Infrastructure Bill Committee 67-77 |
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| Growth And Infrastructure Bill |
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| | Planning Act 2008 pre-application procedure |
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| To move the following Clause:— |
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| | ‘(1) | The Planning Act 2008 is amended as follows: |
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| | (2) | After section 54 insert— |
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| | 54A Pre-application procedure: waivers |
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| | (1) | An applicant may, at any time before or after making an application, |
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| | submit a request in writing to the Secretary of State for a direction that |
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| | any provision contained in this Part or in rules or regulations made under |
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| | this Part shall not apply (or shall apply in part only) to the application. |
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| | (2) | A request made under subsection (1) shall give reasons for the request. |
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| | (3) | Where a request is made under subsection (1) and the Secretary of State |
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| | is satisfied that it is impossible, impracticable or unnecessary for the |
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| | applicant to comply with any provision contained in this Part or in rules |
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| | or regulations made under this Part, the Secretary of State may— |
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| | (a) | direct that the provision in question shall not apply, or shall apply |
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| | in part only, to the application in question; and |
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| | (b) | whether or not a direction has been given pursuant to paragraph |
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| | (a), direct that the applicant shall comply with the provision in |
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| | question, or any part of it, at such later date as may be specified |
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| | Planning Act 2008 examination fees |
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| To move the following Clause:— |
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| | ‘(1) | The Planning Act 2008 is amended as follows: |
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| | (2) | In section 4 (fees), after subsection (3) insert— |
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| | “(3A) | The regulations may only require the payment of fees in relation to the |
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| | examination of an application with reference to those days during the |
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| | examination period when the application was actually examined by the |
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| | Report on performance of Valuation Office Agency in relation to non-domestic rating |
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| To move the following Clause:— |
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| | ‘(1) | Prior to the compilation of a rating list, the Secretary of State must prepare and |
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| | publish a report describing the performance of the Valuation Office Agency |
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| | (VOA) within the reporting period in relation to non-domestic rating. |
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| | (2) | The report must set out any recommendation that the Secretary of State believes |
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| | the VOA should implement to improve its performance in light of the number of |
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| | outstanding appeals regarding business rates. |
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| | (3) | The Secretary of State must lay a copy of the report before Parliament. |
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| | (4) | In this section “reporting period” means the period of 12 months beginning with |
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| | 1 April prior to the date on which a rating list is to be compiled.’. |
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| Clause 21, page 25, leave out line 33. |
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| Clause 21, page 25, leave out line 43. |
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| Clause 21, page 26, line 10, leave out from ‘project)’ to end of line 11. |
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| Clause 21, page 26, leave out lines 12 and 13 and insert— |
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| | ‘(5) | In this section, “business or commercial project” means a project which consists |
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| | (a) | offices and research and development facilities; |
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| | (b) | manufacturing and processing proposals; |
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| | (c) | warehousing, storage and distribution facilities; |
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| | (d) | conference and exhibition centres; |
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| | (e) | leisure, tourism and sports and recreation facilities; |
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| | (f) | extractive industries (mining and quarrying); and |
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| | (g) | mixed-use developments, including one or more of the above uses but not |
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| | retail where it is the main or predominant use or housing except where it |
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| | (6) | The Secretary of State may by order, subject to consultation— |
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| | (a) | amend subsection (5) to add a new type of project or vary or remove an |
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| | existing type of project; |
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| | (b) | make further provision, or amend or repeal existing provision, about the |
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| | types of project which are, and are not, within subsection (5). |
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| | (7) | An order under subsection (6)(b) may amend this Act.’. |
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| Clause 21, page 27, line 37, at end insert— |
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| | ‘(3A) | In section 105 (decisions in cases where no national policy statement has effect) |
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| | after subsection (2)(c) insert— |
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| | | ‘and in the case of a business or commercial development project shall make the |
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| | decision in accordance with the relevant local plan’. |
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