House of Commons Public Bill Committee Proceedings

Session 2012 - 13
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Other Bills before Parliament

29

House of Commons

Thursday 6 December 2012

Public Bill Committee Proceedings

Growth And Infrastructure Bill

[Thirteenth and Fourteenth Sittings]

Clause 22 Agreed to.

Michael Fallon

Nick Boles

Agreed to  117

Clause  23,  page  28,  line  40,  after ‘individual’, insert ‘fully paid up’.

Michael Fallon

Nick Boles

Agreed to  118

Clause  23,  page  28,  line  40,  after ‘company’, insert ‘, or procures the issue or

allotment to the individual of fully paid up shares in its parent undertaking,’.

Michael Fallon

Nick Boles

Agreed to  119

Clause  23,  page  29,  line  1,  leave out ‘and no more than £50,000’.

Michael Fallon

Nick Boles

Agreed to  120

Clause  23,  page  29,  line  2,  at end insert ‘, and

( )
the individual gives no consideration other than by entering into

the agreement.’.

Ian Murray

Roberta Blackman-Woods

Withdrawn  105

Clause  23,  page  29,  line  2,  at end insert—

‘(c)
the employee has entered into such an agreement on a voluntary basis.’.

Ian Murray

Roberta Blackman-Woods

Not called  106

Clause  23,  page  29,  line  2,  at end insert—

Public Bill Committee Proceedings: 6 December 2012
30

Growth And Infrastructure Bill, continued

‘(1A)
Before entering into an agreement with a company as set out in subsection (1), an

individual is entitled to seek advice and assistance from anyone of the

following—

(a)
a trade union official;

(b)
a workplace representative; or

(c)
a legal representative;


and the costs of that advice and assistance shall be met by the company.’.

Andrew Stunell

Not called  115

Clause  23,  page  29,  line  2,  at end insert—

‘(1A)
The Secretary of State shall make such regulations or issue such codes and advice

as is necessary to provide that no employee who declines to enter into a voluntary

agreement under subsection (1)(a) shall suffer any consequential detriment.’.

Michael Fallon

Nick Boles

Agreed to  121

Clause  23,  page  29,  line  19,  at end insert—

‘( )
Regulation 30 of the Additional Paternity Leave Regulations 2010 (S.I.

2010/1055) (requirement for employee to notify employer of intention to

return to work during additional paternity leave period) is to be read in

the case of an employee who is an employee owner as if for “six weeks’

notice”, in each place it appears, there were substituted “16 weeks’

notice.’.

Michael Fallon

Nick Boles

Agreed to  122

Clause  23,  page  29,  line  28,  at end insert—

“(5A)
The Secretary of State may by order amend subsection (1) so as to

increase the sum for the time being specified there.’.

Michael Fallon

Nick Boles

Agreed to  123

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

(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

Agreed to  124

Clause  23,  page  29,  line  31,  at end add ‘, and

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

Public Bill Committee Proceedings: 6 December 2012
31

Growth And Infrastructure Bill, continued

Ian Murray

Roberta Blackman-Woods

Negatived on division  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

Withdrawn  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

Not called  116

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

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

refusal to enter a voluntary agreement under subsection (1)(a) by any person shall

not 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

Agreed to  125

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

‘(2)
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)”’.

Clause, as amended, Agreed to on division.

Clauses 24 to 26 Agreed to.

Michael Fallon

Nick Boles

Agreed to  126

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

for changes of use: prior approvals],’.

Public Bill Committee Proceedings: 6 December 2012
32

Growth And Infrastructure Bill, continued

Mr Nick Raynsford

Ian Murray

Roberta Blackman-Woods

Not called  93

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

Clause, as amended, Agreed to.

Clause 28 Agreed to.

New Clauses

Removal of Planning Act 2008 consent and certification requirements

Michael Fallon

Nick Boles

Agreed to  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.

(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).

Public Bill Committee Proceedings: 6 December 2012
33

Growth And Infrastructure Bill, continued

(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

Agreed to  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

Withdrawn  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.

(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

Public Bill Committee Proceedings: 6 December 2012
34

Growth And Infrastructure Bill, continued

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

Not called  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

Not called  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—

“(1A)
Development plan 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 the mitigation of and adaptation to

climate change in line with the objectives and provisions of the Climate

Change Act 2008.”.’.

Public Bill Committee Proceedings: 6 December 2012
35

Growth And Infrastructure Bill, continued

Sustainable development as a criterion for deciding development consent applications

Roberta Blackman-Woods

Ian Murray

Not called  NC5

To move the following Clause:—

‘In section 105 of the Planning Act 2008 (decisions of Secretary of State) after

subsection (2)(a) insert—

“(aa)
the objective of achieving sustainable development”.’.

Planning Act 2008 pre-application procedure

Bob Blackman

Not called  NC7

To move the following Clause:—

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

(2)
After section 54 insert—

“Chapter 4

General

54A Pre-application procedure: waivers

(1)
An applicant may, at any time before or after making an application,

submit a request in writing to the Secretary of State for a direction that

any provision contained in this Part or in rules or regulations made under

this Part shall not apply (or shall apply in part only) to the application.

(2)
A request made under subsection (1) shall give reasons for the request.

(3)
Where a request is made under subsection (1) and the Secretary of State

is satisfied that it is impossible, impracticable or unnecessary for the

applicant to comply with any provision contained in this Part or in rules

or regulations made under this Part, the Secretary of State may—

(a)
direct that the provision in question shall not apply, or shall apply

in part only, to the application in question; and

(b)
whether or not a direction has been given pursuant to paragraph

(a), direct that the applicant shall comply with the provision in

question, or any part of it, at such later date as may be specified

in the direction.”.’.



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