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| | | | “Periodic reports by the Secretary of State |
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| | | (1) | The Secretary of State must from time to time prepare and publish reports on the |
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| | | manner in which a strategic highways company exercises its functions. |
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| | | (2) | The Secretary of State must lay a report prepared under subsection (1) before |
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| | | Member’s explanatory statement
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| | | This amendment would place a duty on the Secretary of State to prepare and publish reports on |
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| | | the exercise by a strategic highways company of its functions. |
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| | Clause 39, page 45, line 29, at end add— |
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| | | “(c) | subject to the prior collation of existing environmental data and that data |
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| | | is published in a form that enables it to be subject to scientific peer |
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| | Schedule 8, page 165, line 28, leave out “or other vegetation” |
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| | Schedule 8, page 165, line 30, leave out “or vegetation” |
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| | Schedule 8, page 165, line 41, leave out “or vegetation” |
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| | Schedule 8, page 165, line 41, leave out from “lopped” to second “to” in line 42 |
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| | Schedule 8, page 166, line 2, leave out “or cutting back of the vegetation” |
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| | Schedule 8, page 166, line 11, leave out from “lopped” to end of line 12 |
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| | Schedule 8, page 166, line 13, leave out “or cuts back vegetation” |
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| | Schedule 8, page 166, line 16, leave out “or vegetation” |
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| | Schedule 8, page 166, line 24, leave out “or cutting back of the vegetation” |
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| | | To move the following Clause— |
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| | | | “Hydraulic fracturing: necessary conditions |
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| | | Any hydraulic fracturing activity can not take place: |
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| | | (a) | unless an environmental imapct assessment has been carried out; |
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| | | (b) | unless independent inspections are carried out of the integrity of wells |
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| | | (c) | unless monitoring has been undertaken on the site over the previous 12 |
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| | | (d) | unless site-by-site measurement, monitoring and public disclosure of |
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| | | existing and future fugitive emissions is carried out; |
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| | | (e) | in land which is located within the boundary of a groundwater source |
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| | | (f) | within or under protected areas; |
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| | | (g) | in deep-level land at depths of less than 1,000 metres; |
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| | | (h) | unless planning authorities have considered the cumulative impact of |
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| | | hydraulic fracturing activities in the local area; |
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| | | (i) | unless a provision is made for community benefit schemes to be provided |
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| | | by companies engaged in the extraction of gas and oil rock; |
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| | | (j) | unless residents in the affected area are notified on an individual basis; |
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| | | (k) | unless substances used are subject to approval by the Environment |
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| | | (l) | unless land is left in a condition required by the planning authority, and |
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| | | (m) | unless water companies are consulted by the planning authority.” |
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| | | Member’s explanatory statement
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| | | The purpose of this new clause is to ensure that shale gas exploration and extraction can only |
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| | | proceed with appropriate regulation and comprehensive monitoring and to ensure that any |
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| | | activity is consistent with climate change obligations and local environmental considerations. |
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| | | To move the following Clause— |
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| | | | “Community right of appeal |
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| | | (1) | The Town and Country Planning Act 1990 is amended as follows. |
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| | | (2) | In section 78 (appeals to the Secretary of State against planning decisions and |
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| | | failure to take such decisions) after subsection (2) insert— |
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| | | “(2A) | Where a planning authority grants an application for planning |
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| | | (a) | the authority has publicised the application as not according with |
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| | | the development plan in force in the area in which the land to |
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| | | which the application relates is situated; or |
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| | | (b) | the application is not supported by policies in an emerging |
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| | | | certain persons as specified in subsection (2B) below may by notice |
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| | | appeal to the Secretary of State, provided any one of the conditions in |
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| | | subsection (2C) below are met. |
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| | | (2B) | Persons who may by notice appeal to the Secretary of State against the |
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| | | approval of planning permissions in the circumstances specified in |
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| | | subsection (2A) above are— |
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| | | (a) | the ward councillors for the area who have lodged a formal |
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| | | objection to the planning application in writing to the planning |
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| | | authority, or where there is more than one councillor, all |
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| | | councillors by unanimity; |
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| | | (b) | any parish council or neighbourhood forum by two thirds |
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| | | majority voting, as defined in Section 61F, covering or adjoining |
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| | | the area of land to which the application relates is situated; or |
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| | | (c) | any overview and scrutiny committee by two thirds majority |
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| | | (a) | the application falls within the definition of “major |
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| | | (b) | the application is accompanied by an environmental impact |
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| | | (c) | the planning officer has recommended refusal of planning |
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| | | (3) | Section 79 is amended as follows— |
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| | | (a) | in subsection (2), leave out “either” and after “planning authority”, insert |
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| | | “or the applicant (where different from the appellant)”; |
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| | | (b) | in subsection (6), after “determination”, insert “(except for appeals as |
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| | | defined in section 78 (2A) and where the appellant is as defined in section |
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| | | “emerging” means a development plan that is being examined by the |
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| | | Secretary of State, or is due to be examined, having met the public |
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| | | consultation requirements necessary to proceed to this stage; and |
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| | | “major development” means cases within categories defined in guidance |
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| | | produced by the Secretary of State.” |
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