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| Thursday 22 November 2012 |
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| Growth And Infrastructure Bill
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| [Fifth and Sixth Sittings]
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| Clause 1, page 1, line 8, at end insert— |
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| | ‘(za) | the local planning authority concerned had not adopted a local plan for |
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| | any part of its area within a period of 20 years prior to the date on which |
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| | it was designated by the Secretary of State; |
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| | (zb) | the application does not relate to development affecting flood risk areas, |
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| | World Heritage sites, National Parks, Areas of Outstanding Natural |
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| | Beauty, Sites of Special Scientific Interest and conservation areas;’. |
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| Clause 1, page 1, line 14, leave out ‘is of a description prescribed by the Secretary |
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| of State’ and insert ‘involves a major application of a description to be set out in |
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| regulations following a period of consultation, which regulations shall be in the form of a |
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| statutory instrument and may only be made if a draft of them has been laid before and |
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| approved by both Houses of Parliament.’. |
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| Clause 1, page 2, line 9, leave out from ‘1990’ to end of line 11. |
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| Clause 1, page 2, line 19, at end insert— |
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| | ‘(3A) | It shall be the responsibility of the Secretary of State to ensure that all statutory |
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| | requirements that would otherwise be met by the local planning authority or |
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| | hazardous substances authority, in relation to a relevant application under |
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| | subsection 3, are met by him.’. |
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| Clause 1, page 2, line 19, at end insert— |
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| | ‘(3B) | Applications under subsection (3) shall be subject to criteria published following |
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| | a period of consultation.’. |
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| Clause 1, page 2, line 30, at end insert— |
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| | ‘(4A) | Before reaching a decision on an application made to him under this section, the |
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| | Secretary of State must ensure that adequate consultation of the local community |
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| Clause 1, page 2, line 32, at end insert— |
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| | ‘(5A) | Any performance standards that apply to local planning authorities in the |
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| | consideration of planning applications shall also apply to the Secretary of State in |
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| | the performance of his functions under this section.’. |
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| Clause 1, page 2, leave out lines 33 to 40 and insert— |
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| | ‘(6) | The Secretary of State must set out in regulations, following a period of |
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| | consultation, the exact responsibilities of local authorities designated under |
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| | section 1(1) in relation to planning applications made directly to the Secretary of |
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| Clause 1, page 2, line 39, after ‘particular’, insert ‘designated’. |
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| Clause 1, page 2, line 39, after ‘to’, insert ‘designated’. |
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| Clause 1, page 2, line 40, at end insert— |
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| | ‘(6A) | Any costs incurred by a local planning authority in carrying out directions given |
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| | under subsection (6) shall be reimbursed by the Secretary of State.’. |
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| Clause 1, page 2, line 46, at end insert— |
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| | ‘(e) | local planning authorities with responsibility for all or part of a National |
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| | Park, Area of Outstanding Natural Beauty, Site of Special Scientific |
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| | Interest, World Heritage Site and/or a conservation area;’. |
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| Clause 1, page 2, line 47, leave out from ‘publish’ to end of line 48 and insert |
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| ‘following a period of consultation with local authorities’. |
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| Clause 1, page 3, line 7, at end insert— |
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| | ‘(e) | and the length of time for which a local authority is to be designated’. |
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| Clause 1, page 3, line 7, at end insert— |
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| | ‘(9) | The Secretary of State must consult representatives of local planning authorities |
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| | before publishing the criteria described in subsections (8)(a) and (b).’. |
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| Clause 1, page 3, line 7, at end insert— |
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| | ‘(10) | The Secretary of State shall by regulations make provision for an independent |
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| | body to consider appeals by local planning authorities which have been |
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| | designated for the purposes of this section against such designation.’. |
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| Clause 1, page 3, line 7, at end insert— |
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| | ‘(11) | The Secretary of State shall, as soon as possible after the end of each financial |
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| | year, publish a statement of the costs incurred by the Secretary of State during that |
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| | year in pursuance of this section.’. |
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| Clause 1, page 3, line 7, at end insert— |
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| | ‘(9) | This section will cease to have effect one year after it comes into force. |
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| | (10) | Regulations under this section shall be in the form of a statutory instrument and |
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| | shall not be made unless a draft of them has been laid before and approved by both |
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| Clause 1, page 3, line 7, at end insert— |
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| | ‘(9) | Before designating an authority under this section, the Secretary of State must |
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| | serve a notice of intention to designate (“the notice”). |
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| | (a) | give reasons for the service of the notice, all of which must have regard |
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| | to the criteria published in accordance with subsection (8); |
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| | (b) | give the authority or authorities named in the notice a period of six |
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| | months to take all reasonable corrective actions specified in the notice; |
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| | (c) | allow a period of four weeks for the local authority on which notice is |
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| | served to appeal against this notice (the grounds for which appeal may |
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| | include mitigating criteria, set out in regulations, such criteria to include |
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| | planning performance agreements, extenuating local circumstances, |
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| | actions of statutory consultees and/or relevant agencies or government |
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| | departments, views of the local community, natural events, architectural |
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| | and heritage concerns, environmental and conservation concerns).’. |
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| | Clause Agreed to on division. |
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| Schedule 1, page 33, line 16, after ‘may’ insert ‘with the agreement of the |
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| designated local planning authority and the applicant’. |
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| [Adjourned until Tuesday 27 November at 8.55 am |
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