House of Commons Amendments

Session 2014 - 15
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Other Bills before Parliament

Public Bill Committee:
103

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Tom Greatrex

NC16


To move the following Clause—


“Planning notification for unconventional oil and gas

(1)
The Town and Country Planning (Development Management Procedure and

Section 62A Applications) (England) (Amendment No. 2) Order 2013 is

amended as follows.

(2)
In subsection 2(3)2 “Amendments to the Town and Country Planning

(Development Management Procedure) (England) Order 2010”, section 3, after

“the winning and working of”, insert “conventional”.”

Tom Greatrex

NC17


To move the following Clause—


“Community benefit for schemes provided by companies engaged in

hydraulic fracturing

(1)
The Secretary of State shall by regulations make provision for community benefit

schemes to be provided by companies engaged in the extraction of gas and oil

rock by means of hydraulic fracturing.”

NEW SCHEDULE

Mr John Hayes

NS1

To move the following Schedule—

“Mayoral development orders

Main amendments

1
After section 61D of the Town and Country Planning Act 1990 insert—

“Mayoral development orders

61DA
Mayoral development orders

(1)
The Mayor of London may by order (a Mayoral development order)

grant planning permission for development specified in the order on

one or more sites specified in the order.

(2)
The site or sites must fall within—

(a)
the area of a local planning authority in Greater London, or

(b)
the areas of two or more local planning authorities in Greater

London.

Public Bill Committee:
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(3)
The Secretary of State may by development order specify an area or

class of development in respect of which a Mayoral development

order must not be made.

61DB
Permission granted by Mayoral development order

(1)
Planning permission granted by a Mayoral development order may be

granted—

(a)
unconditionally, or

(b)
subject to such conditions or limitations as are specified in the

order.

(2)
A condition imposed by a Mayoral development order may provide

for the consent, agreement or approval to a matter specified in the

condition to be given by one or more persons specified in the

condition.

(3)
A person specified in a condition must be the Mayor of London or a

relevant local planning authority.

(4)
The Secretary of State may by development order provide that, if the

consent, agreement or approval of a person required by a condition

imposed by a Mayoral development order is not given within a

specified period, that consent, agreement or approval may be sought

from a specified person.

(5)
In subsection (4) “specified” means specified, or of a description

specified, in the development order.

(6)
The Secretary of State may by development order make provision for

a person to apply for planning permission for the development of land

without complying with a condition imposed on the grant of planning

permission by a Mayoral development order.

(7)
A development order under subsection (6) may, in particular make

provision similar to that made by section 73, subject to such

modifications as the Secretary of State thinks appropriate.

(8)
So far as the context requires, in relation to—

(a)
an application for the consent, agreement or approval of the

Mayor of London to a matter specified in a condition imposed

by a Mayoral development order, or

(b)
the determination of such an application,


any reference in an enactment to a local planning authority (however

expressed) includes a reference to the Mayor.

(9)
For the purposes of this Act a local planning authority is a relevant

local planning authority in relation to a Mayoral development order or

proposed Mayoral development order if a site or part of a site to which

the order or proposed order relates is within the authority’s area.

61DC
Preparation and making of Mayoral development order

(1)
The Secretary of State may by development order make provision

about the procedure for the preparation and making of a Mayoral

development order.

(2)
A development order under subsection (1) may in particular make

provision about—

Public Bill Committee:
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(a)
notice, publicity and inspection by the public;

(b)
consultation with and consideration of views of such persons

and for such purposes as are specified in the order;

(c)
the making and consideration of representations.

(3)
A Mayoral development order may be made only in response to an

application to the Mayor of London by each relevant local planning

authority.

(4)
A proposed Mayoral development order may be consulted on only

with the consent of each relevant local planning authority.

(5)
A Mayoral development order may not be made unless the order has

been approved, in the form in which it is made, by each relevant local

planning authority.

(6)
If the Mayor of London makes a Mayoral development order, the

Mayor must send a copy to the Secretary of State as soon as is

reasonably practicable after the order is made.

61DD
Revision or revocation of Mayoral development order

(1)
The Mayor of London may at any time revise or revoke a Mayoral

development order with the approval of each relevant local planning

authority.

(2)
The Mayor of London must revise a Mayoral development order if the

Secretary of State directs the Mayor to do so (and the requirement for

the approval of each relevant local planning authority does not apply

in those circumstances).

(3)
The Secretary of State may at any time revoke a Mayoral development

order if the Secretary of State thinks it is expedient to do so.

(4)
The power under subsection (3) is to be exercised by order made by

the Secretary of State.

(5)
If the Secretary of State revokes a Mayoral development order the

Secretary of State must state the reasons for doing so.

(6)
The Secretary of State may by development order make provision

about—

(a)
the steps to be taken by the Secretary of State before giving a

direction or making an order under this section;

(b)
the procedure for the revision or revocation of a Mayoral

development order.

(7)
A development order under subsection (6) may in particular make

provision about—

(a)
notice, publicity and inspection by the public;

(b)
consultation with and consideration of views of such persons

and for such purposes as are specified in the order;

(c)
the making and consideration of representations.

61DE
Effect of revision or revocation on incomplete development

(1)
This section applies if planning permission for development granted

by a Mayoral development order is withdrawn at a time when the

development has been started but not completed.

Public Bill Committee:
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(2)
For this purpose planning permission for development granted by a

Mayoral development order is withdrawn—

(a)
if the order is revoked under section 61DD, or

(b)
if the order is revised under that section so that it ceases to

grant planning permission for the development or materially

changes any condition or limitation to which the grant of

permission is subject.

(3)
The development may, despite the withdrawal of the permission, be

completed, subject as follows.

(4)
If the permission is withdrawn because the Mayoral development

order is revoked by the Mayor of London, the Mayor may make a

determination that subsection (3) is not to apply in relation to

development specified in the determination.

(5)
A determination under subsection (4) must be published in such

manner as the Mayor of London thinks appropriate.

(6)
If the permission is withdrawn because the Mayoral development

order is revoked by an order made by the Secretary of State under

section 61DD, the order under that section may provide that

subsection (3) is not to apply in relation to development specified in

that order.

(7)
If the permission is withdrawn because the order is revised as

mentioned in subsection (2)(b), the revised order may provide that

subsection (3) is not to apply in relation to development specified in

the order.

(8)
The power under this section to include provision in an order under

section 61DD or a Mayoral development order may be exercised

differently for different purposes.”

Consequential amendments

2
The Town and Country Planning Act 1990 is amended as follows.

3
In section 56(5)(a) (time when development begun where planning permission

granted by general or local development order) for “or a local development

order” substitute “, a local development order or a Mayoral development

order”.

4
In section 57(3) (planning permission not required for normal use of land

where planning permission for development of land granted by development

order etc) after “a local development order” insert “, a Mayoral development

order”.

5
In section 58(1) (planning permission may be granted by development order

etc) after “a local development order” insert “, a Mayoral development order”.

6
In section 62(2A) (applications for planning permission: references in

subsections (1) and (2) to applications for planning permission to include

applications under section 61L(2)) after “references to” in the second place

insert “—

(a)
applications for consent, agreement or approval as mentioned

in section 61DB(2), and

(b)
”.

Public Bill Committee:
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7
In section 65(3A) (notice etc of applications for planning permission:

references in subsections (1) and (3) to applications for planning permission

etc to include applications under section 61L(2) etc) after “references to” in the

second place insert “—

(a)
any application for consent, agreement or approval as

mentioned in section 61DB(2) or any applicant for such

consent, agreement or approval, and

(b)
”.

8    (1)
Section 69 (register of applications etc) is amended as follows.

      (2)
In subsection (1) (duty of local planning authority to keep register containing

information about planning applications etc) after paragraph (c) insert—

“(cza)
Mayoral development orders;”.

      (3)
In subsection (2)(b) (requirement for register to contain information about

local development orders etc) after “local development order,” insert “Mayoral

development order,”.

9    (1)
Section 71 (consultations in connection with determinations under section 70)

is amended as follows.

      (2)
In subsection (2ZA) (references in subsections (1) and (2) to applications for

planning permission to include applications under section 61L(2)) after

“references to” in the second place insert “—

(a)
an application for consent, agreement or approval as

mentioned in section 61DB(2), and

(b)
”.

      (3)
In subsection (3A) (disapplication of consultation requirement relating to

caravan sites in case of neighbourhood development order) after “granted by”

insert “a Mayoral development order or”.

10
In section 74(1ZA) (directions etc as to method of dealing with applications:

references in subsections (1)(c) and (f) to planning permission etc to include

approvals under section 61L(2) etc)—

(a)
in paragraph (a) after “reference to” in the second place insert “—

(i)
a consent, agreement or approval as

mentioned in section 61DB(2), and

(ii)
”, and

(b)
in paragraph (b) after “references to” in the second place insert “—

(i)
applications for consent, agreement or

approval as mentioned in section 61DB(2),

and

(ii)
”.

11
In section 77(1) (reference of applications to the Secretary of State)—

(a)
for “approval” substitute “consent, agreement or approval”, and

(b)
after “a local development order” insert “, a Mayoral development

order”.

12
In section 78(1)(c) (right of appeal against refusal of application for approval

under development order etc.) after “a local development order” insert “, a

Mayoral development order”.

13
In section 88(9) (provision for permission for development in enterprise zones

does not prevent planning permission from being granted by other means) after

“a local development order” insert “, a Mayoral development order”.

14
In section 91(4)(a) (provisions about general condition limiting duration of

planning permission do not apply to permission granted by development order

etc) after “a local development order” insert “, a Mayoral development order”.

Public Bill Committee:
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15  (1)
Section 108 (compensation for refusal etc of planning permission formerly

granted by development order etc) is amended as follows.

      (2)
In the heading after “local development order” insert “, Mayoral development

order”.

      (3)
In subsection (1)—

(a)
in paragraph (a) after “a local development order” insert “, a Mayoral

development order”, and

(b)
after “the local development order” insert “, the Mayoral development

order”.

      (4)
After subsection (1) insert—

“(1A)
Where section 107 applies in relation to planning permission granted

by a Mayoral development order—

(a)
subsection (1) of that section has effect as if it provided for a

claim to be made to, and compensation to be paid by, the

Mayor of London rather than the local planning authority, and

(b)
subject to subsection (1B), sections 109 to 112 have effect

where compensation is payable by the Mayor of London

under section 107(1) as if references to the local planning

authority (however expressed) were references to the Mayor

of London.

(1B)
Subsection (1A)(b) does not apply to section 110(2) or (4).”

      (5)
In subsection (2)—

(a)
after “a local development order” insert “, a Mayoral development

order”, and

(b)
after “revocation” in both places insert “, revision”.

      (6)
In subsection (3B) after paragraph (b) insert—

“(ba)
in the case of planning permission granted by a Mayoral

development order, the condition in subsection (3DA) is met,

or”.

      (7)
After subsection (3D) insert—

“(3DA)
The condition referred to in subsection (3B)(ba) is that—

(a)
the planning permission is withdrawn by the revocation or

revision of the Mayoral development order,

(b)
notice of the revocation or revision was published in the

prescribed manner not less than 12 months or more than the

prescribed period before the revocation or revision took

effect, and

(c)
either—

(i)
the development authorised by the Mayoral

development order had not begun before the notice

was published, or

(ii)
section 61DE(3) applies in relation to the

development.”

16
In section 109(6) (apportionment of compensation for depreciation:

interpretation) in the definition of “relevant planning decision” after “the local

development order” insert “, the Mayoral development order”.

17
In section 171H(1)(a) (compensation for temporary stop notice: application

where activity authorised by development order etc) after “a local

development order” insert “, a Mayoral development order”.

Public Bill Committee:
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18
In section 264(5)(ca) (land which is treated as operational land of a statutory

undertaker by virtue of planning permission for its development granted by a

local development order etc) after “a local development order” insert “, a

Mayoral development order”.

19  (1)
Section 303 (fees for planning applications etc) is amended as follows.

      (2)
After subsection (1) insert—

“(1ZA)
The Secretary of State may by regulations make provision for the

payment of a fee to—

(a)
the Mayor of London in respect of an application for consent,

agreement or approval as mentioned in section 61DB(2) or the

giving of advice about such an application;

(b)
a specified person in respect of an application for consent,

agreement or approval for which provision is made under

section 61DB(4) or the giving of advice about such an

application.”

      (3)
After subsection (10) insert—

“(10A)
If the Mayor of London or a specified person calculates the amount of

fees in pursuance of provision made by regulations under subsection

(1ZA) the Mayor of London or the specified person must secure that,

taking one financial year with another, the income from the fees does

not exceed the cost of performing the function.”

      (4)
After subsection (11) insert—

“(12)
In this section “specified person” means a person specified by

development order under section 61DB(4).”

20
In section 305(1)(a) (contributions by Ministers towards compensation paid by

local authorities) after “local authority” insert “, the Mayor of London”.

21
In section 324 (rights of entry) after subsection (1A) insert—

“(1B)
Any person duly authorised in writing by the Secretary of State, a local

planning authority or the Mayor of London may at any reasonable time

enter any land for the purpose of surveying it in connection with—

(a)
a proposal by a local planning authority to apply to the Mayor

of London for the Mayor to make a Mayoral development

order, or

(b)
a proposal by the Mayor of London to make a Mayoral

development order.”

22  (1)
Section 333 (regulations and orders) is amended as follows.

      (2)
In subsection (4) after “61A(5)” insert “, 61DD(4),”.

      (3)
In subsection (5) after “Wales),” insert “61DD(4),”.

23
In section 336(1) (interpretation) at the appropriate place insert—

““relevant local planning authority” is to be construed in accordance with

section 61DB(9);”.”

Member’s explanatory statement

This amendment makes detailed provision about Mayoral development orders as described in

amendment NC8. It also contains consequential amendments to the Town and Country Planning

Act 1990.



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