Session 2014 - 15
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Notices of Amendments:                               

50

 

, continued

 
 

(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If the permission is withdrawn because the Mayoral development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If the permission is withdrawn because the order is revised as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)    

”.

 

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,”.


 
 

Notices of Amendments:                               

51

 

, continued

 
 

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”.

 

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


 
 

Notices of Amendments:                               

52

 

, continued

 
 

(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”.

 

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.”


 
 

Notices of Amendments:                               

53

 

, continued

 
 

      (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.

 

Mr John Hayes

 

Clause  46,  page  52,  line  32,  after “17” insert “, (Mayoral development orders)”

 

Member’s explanatory statement

 

This amendment applies the affirmative procedure to regulations under the new clause in

 

amendment NC8 where the regulations amend, repeal or modify the application of an Act.

 

Mr John Hayes

 

Clause  47,  page  53,  line  27,  leave out first “section” and insert “sections (Mayoral

 

development orders)(2) to (4) and”

 

Member’s explanatory statement

 

This amendment provides for the power to make regulations in the new clause in amendment NC8

 

to extend to England and Wales only.

 

Mr John Hayes

 

Clause  47,  page  53,  line  32,  after “45” insert “, section (Reimbursement of persons


 
 

Notices of Amendments:                               

54

 

, continued

 
 

who have met expenses of making electrical connections)”

 

Member’s explanatory statement

 

This amendment makes provision for the new clause inserted by amendment NC9 to extend to

 

England and Wales and Scotland.

 

Mr John Hayes

 

Clause  48,  page  54,  line  16,  after “passed,” insert—

 

“(ca)    

section (Mayoral development orders) and Schedule (Mayoral

 

development orders) come into force—

 

(i)    

in so far as they confer power to make provision by regulations

 

or by development order within the meaning of the Town and

 

Country Planning Act 1990, on the day on which this Act is

 

passed, and

 

(ii)    

for all other purposes, on such day as the Secretary of State

 

appoints by regulations,”

 

Member’s explanatory statement

 

This amendment and amendment 43 make provision about the commencement of the new clause

 

inserted by amendment NC8 and the new Schedule inserted by amendment NS1.

 

Mr John Hayes

 

Clause  48,  page  54,  line  26,  after “37” insert “, section (Reimbursement of persons

 

who have met expenses of making electrical connections)”

 

Member’s explanatory statement

 

This amendment makes provision for the new clause inserted by amendment NC9 to come into

 

force on the day appointed by the Secretary of State in regulations.

 

Mr John Hayes

 

Clause  48,  page  54,  line  31,  leave out “or (b)(ii)” and insert “, (b)(ii) or (ca)(ii)”

 

Member’s explanatory statement

 

The explanatory statement for amendment 41 also applies to this amendment.

 

Mr John Hayes

 

Title,  line  15,  after “incentives;” insert “to make provision about the reimbursement of

 

persons who have paid for electricity connections;”

 

Member’s explanatory statement

 

This amendment is consequential on amendment NC9.

 

Mr John Hayes

 

NC10

 

To move the following Clause

 

         

“Power to abolish Public Works Loan Commissioners

 

In the Public Bodies Act 2011, in Schedule 1 (power to abolish: bodies and

 

offices), after “Plant Varieties and Seeds Tribunal.” insert—

 

    

“Public Works Loan Commissioners.””

 

Member’s explanatory statement

 

This new clause enables a Minister of the Crown or the Commissioners for Her Majesty’s Revenue

 

and Customs, following a statutory consultation process, to make an order under the Public Bodies


 
 

Notices of Amendments:                               

55

 

, continued

 
 

Act 2011 abolishing the board of Public Works Loan Commissioners and transferring its functions

 

to another person.

 

Mr John Hayes

 

Clause  47,  page  53,  line  35,  at end insert—

 

“( )    

Part 5A (Public Works Loan Commissioners) extends to England and Wales,

 

Scotland and Northern Ireland.”

 

Member’s explanatory statement

 

This amendment is consequential on NC10. The reference to Part 5A is a reference to a new Part

 

expected to be formed by NC10.

 

Mr John Hayes

 

Clause  48,  page  54,  line  29,  at end insert—

 

“( )    

Part 5A (Public Works Loan Commissioners) comes into force at the end of the

 

period of two months beginning with the day on which this Act is passed.”

 

Member’s explanatory statement

 

This amendment is consequential on NC10. The reference to Part 5A is a reference to a new Part

 

expected to be formed by NC10.

 

Mr John Hayes

 

Title,  line  15,  after “incentives;” insert “to make provision for enabling the Public Works

 

Loan Commissioners to be abolished;”

 

Member’s explanatory statement

 

This amendment is consequential on NC10.

 

Roberta Blackman-Woods

 

Clause  25,  page  24,  line  29,  leave out “or” and insert “to exercise a discretion, or

 

with the consent of the Secretary of State to allow”

 

Roberta Blackman-Woods

 

Clause  25,  page  24,  line  31,  at end add “after consultation with the National

 

Infrastructure Commission”

 

Roberta Blackman-Woods

 

NC11

 

To move the following Clause

 

         

“National Infrastructure Commission

 

(1)    

There shall be an independent National Infrastructure Commission.

 

(2)    

The Secretary of State may by regulations provide for the appointment, duties,

 

functions and staffing of the National Infrastructure Commission.

 

(3)    

Regulations made under subsection (2) may make provision for any

 

consequential matter that the Secretary of State considers is necessary to establish

 

the National Infrastructure Commission.

 

(4)    

Regulations made under subsection (2) shall be made by statutory instrument.

 

(5)    

A statutory instrument under this section shall not be made unless a draft of it has

 

been laid before and approved by both Houses of Parliament.”


 
 

Notices of Amendments:                               

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, continued

 
 

Roberta Blackman-Woods

 

Clause  26,  page  25,  line  6,  at end insert “and where a local plan is in place”

 

Roberta Blackman-Woods

 

Clause  26,  page  25,  line  11,  at end insert “except that it does not apply to any

 

condition designed to mitigate direct impacts on animal welfare, public amenity, health

 

and wellbeing, local infrastructure”

 

Roberta Blackman-Woods

 

Clause  26,  page  26,  line  9,  at end insert “or where a planning performance

 

agreement is in place”

 

Roberta Blackman-Woods

 

NC12

 

To move the following Clause

 

         

“Development Plan documents: accessible design

 

In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of

 

local documents) after subsection (1) insert—

 

(1B)    

Development Plan documents must (taken as a whole) include policies

 

designed to secure inclusive design and accessibility for the maximum

 

number of people including disabled people”

 

Roberta Blackman-Woods

 

Clause  27,  page  26,  line  32,  at end insert—

 

“( )    

The Secretary of State shall lay before Parliament regulations streamlining

 

compulsory purchase order powers for HCAs and councils.

 

( )    

The powers of HCAs will be strengthened to enhance the delivery of housing

 

provision.

 

( )    

The Secretary of State should bring forward proposals to give councils the power

 

to incentivise the building on land provided for development, including by the

 

HCA, and allocated within a local plan, where it is not brought forward within

 

five years. This should be applied only where land is voluntarily put into a plan

 

and can be demonstrated to be deliverable and should be accompanied by a

 

mechanism for appeal.”

 

Roberta Blackman-Woods

 

Clause  27,  page  26,  line  34,  after “HCA”, insert “or councils”

 

Roberta Blackman-Woods

 

Clause  27,  page  26,  line  36,  after “HCA”, insert “or councils”

 

Roberta Blackman-Woods

 

Clause  27,  page  26,  line  37,  at end insert “provided that any designated property,

 

rights or liabilities to be transferred pursuant to a scheme—


 
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