Session 2014 - 15
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Public Bill Committee Proceedings: 15 January 2015        

30

 

Infrastructure Bill-[ [], continued

 
 

Tom Greatrex

 

Withdrawn  NC15

 

To move the following Clause

 

         

“Interpretation of section (Impact of infrastructure spending on costs for

 

consumers)

 

In section Impact of infrastructure spending on costs for consumers—

 

(a)    

“consumer” means any individual or household of individuals that

 

purchases a product or products;

 

(b)    

“product” means a good or service the provision of which is regulated by

 

a regulator;

 

(c)    

“a regulator” means any of—

 

(i)    

the Northern Ireland Authority for Utility Regulation;

 

(ii)    

the Office of Communications;

 

(iii)    

the Office of Gas and Electricity Markets;

 

(iv)    

the Office of Rail Regulation;

 

(v)    

the Water Industry Commission for Scotland; and

 

(vi)    

the Water Services Regulation Authority;

 

    

and “the regulators” means (i) to (vi).”

 


 

Tom Greatrex

 

Negatived on division  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.”

 


 

Nadhim Zahawi

 

Withdrawn  NC18

 

To move the following Clause

 

         

“Greater London Authority: housing and regeneration

 

(1)    

The Greater London Authority Act 1999 is amended in accordance with

 

subsection (2).


 
 

Public Bill Committee Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

(2)    

In section 31 (Limits of the general power), at the end insert—

 

“(10)    

Nothing in subsection (1)(a) above shall be taken to prevent the Authority

 

from providing financial assistance to any body or person for the

 

purposes of housing or regeneration.””

 


 

 

Tom Greatrex

 

Negatived on division  NC20

 

To move the following Clause

 

         

“Planning notification for the extraction of unconventional oil and gas

 

(1)    

The Town and Country Planning (Development Management Procedure and

 

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

 

follows.

 

(2)    

In Article 2, “Amendments to the Town and Country Planning (Development

 

Management Procedure) (England) Order 2010”, paragraph (4), after “consisting

 

of the” in inserted paragraph (2A), insert “conventional”.”

 


 

NEW SCHEDULES

 

Mr John Hayes

 

Agreed to  NS1

 

To move the following Schedule

 

“Mayoral development orders

 

Part 1

 

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 Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

(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 Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

(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 Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

(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.”

 

Part 2

 

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 Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

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 Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

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”.


 
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