Session 2012 - 13
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Other Bills before Parliament

Growth and Infrastructure Bill


 
 

 

Growth and Infrastructure Bill

LORDS NON-INSISTENCE, AMENDMENTS IN LIEU, INSISTENCE AND REASON

[The page and line references are to HL Bill 72, the bill as first printed for the Lords.]

After Clause 4

7

Insert the following new Clause—

 

“Development orders: development within the curtilage of a dwelling house

 

(1)    

Section 61 of the Town and Country Planning Act 1990 (development

 

orders: supplementary provisions) is amended as follows.

 

(2)    

After subsection (3) insert—

 

“(4)    

Any development order or amendment to an existing development

 

order made after 1 January 2013 that grants planning permission for

 

development within the curtilage of a dwelling house shall not

 

apply within the jurisdiction of a local planning authority if that

 

authority has resolved that it shall not.””

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 7 for the following Reason—

7A

Because it is not appropriate to give local authorities further powers to disapply planning

 

permission granted by a development order.

 

LORDS NON-INSISTENCE AND AMENDMENTS IN LIEU

 

The Lords do not insist on their Amendment 7, but do propose Amendments 7B and 7C in

 

lieu.

7B

Page 5, line 29, at end insert—

 

“(2B)    

Without prejudice to the generality of subsection (1), a development order

 

may include provision for ensuring—

 
 
Bill 16255/2

 
 

2

 
 

(a)    

that, before a person in reliance on planning permission granted by

 

the order carries out development of land in England that is a

 

dwelling house or is within the curtilage of a dwelling house—

 

(i)    

a written description, and a plan, of the proposed

 

development are given to the local planning authority,

 

(ii)    

notice of the proposed development, and of the period

 

during which representations about it may be made to the

 

local planning authority, is served by the local planning

 

authority on the owner or occupier of any adjoining

 

premises, and

 

(iii)    

that period has ended, and

 

(b)    

that, where within that period an owner or occupier of any

 

adjoining premises objects to the proposed development, it may be

 

carried out in reliance on the permission only if the local planning

 

authority consider that it would not have an unacceptable impact

 

on the amenity of adjoining premises.

 

(2C)    

n subsection (2B) “adjoining premises” includes any land adjoining—

 

(a)    

the dwelling house concerned, or

 

(b)    

the boundary of its curtilage.””

7C

Page 5, line 31, leave out ““or (2A)”” and insert ““, (2A) or (2B)””

Clause 27

25

Leave out Clause 27

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 25 for the following Reason—

25A

Because the new status of employee shareholder should be made available.

 

LORDS INSISTENCE AND REASON

 

The Lords insist on their Amendment No. 25 for the following Reason—

25B

Because it is inappropriate for employees to be exempted from statutory employment rights

 

in this manner.

 
 
HL Bill XX55/2

 
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Revised 23 April 2013