House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Notices of Amendments:
1451

, continued

Secretary Patrick McLoughlin


Clause  43,  page  48,  line  9,  leave out “the Scottish Ministers or”

Member’s explanatory statement

This amendment, which removes provision that stops a statutory instrument under clause 41 or 42

from conferring functions on the Scottish Ministers, is consequential on amendments 96 to 99

(under which the right of use will not be exercisable in Scotland).

Secretary Patrick McLoughlin


Clause  44,  page  49,  line  4,  leave out from “area”” to end of line 6 and insert “means

those parts of the landward area (within the meaning of the Petroleum Licensing

(Exploration and Production) (Landward Areas) Regulations 2014) that are in England

and Wales or are beneath waters (other than waters adjacent to Scotland);”

Member’s explanatory statement

This amendment, which secures that the right of use is only exercisable in those parts of the

“landward area” which are in England and Wales or the adjacent waters, is consequential on

amendments 96 to 99 (under which the right of use will not be exercisable in Scotland).

Secretary Patrick McLoughlin


Clause  44,  page  49,  line  16,  leave out from beginning to end of line 17

Member’s explanatory statement

This amendment removes the definition of the expression “Scottish deep-level land”, as the

expression is only used in clause 39(5) (which amendment 86 removes).

Secretary Patrick McLoughlin


Clause  51,  page  58,  line  13,  leave out “sections 39 to 44,”

Member’s explanatory statement

This amendment removes the provision which specifies the extent of the clauses dealing with the

right of use (as new provision is made by amendment 99).

Secretary Patrick McLoughlin


Clause  51,  page  58,  line  15,  leave out second “and”

Member’s explanatory statement

This amendment is consequential on amendments 96 and 99.

Secretary Patrick McLaughlin


Clause  51,  page  58,  line  16,  leave out “extends” and insert “and section (Advice on

likely impact of onshore petroleum on the carbon budget) extend”

Member’s explanatory statement

This amendment provides that NC15 will extend to England and Wales, Scotland and Northern

Ireland.

Notices of Amendments:
1452

, continued

Secretary Patrick McLoughlin


Clause  51,  page  58,  line  17,  at end insert “, and

( )
sections 39 to 44 extend to England and Wales only.”

Member’s explanatory statement

This amendment inserts new provision which specifies that the clauses dealing with the right of use

will extend only to England and Wales (and so they will no longer extend to Scotland as well).

Secretary Patrick McLaughlin


Clause  52,  page  59,  line  20,  leave out “44” and insert “(Advice on likely impact of

onshore petroleum on the carbon budget)”

Member’s explanatory statement

This amendment provides that NC15 will come into force two months after the Bill is passed.

Joan Walley

Mark Lazarowicz

Caroline Lucas

Dr Matthew Offord

Mrs Caroline Spelman

Dr Alan Whitehead

Zac Goldsmith

Katy Clark

Martin Caton

Dr Julian Huppert


Title,  line  10,  leave out “to make provision about maximising economic recovery of

petroleum in the United Kingdom;”

Member’s explanatory statement

This reflects the conclusions from an inquiry into the Environmental risks of fracking by the

Environmental Audit Committee, whose report is published on 26 January (Eighth Report, HC

856).

Notices of Amendments:
1453

, continued

New Clauses, new schedules, amendments to clauses and amendments to

schedules relating to parts 3, 4 and 7

Secretary Patrick McLoughlin

NC14


To move the following Clause—


“Expenditure of Greater London Authority on housing or regeneration

(1)
In section 31 of the Greater London Authority Act 1999 (limits of the general

power) after subsection (5A) insert—

“(5B)
Nothing in subsection (1)(a) above shall be taken to prevent the Authority

incurring expenditure in doing anything for the purposes of, or relating

to, housing or regeneration.”

(2)
The amendment made by subsection (1) applies in relation to expenditure

incurred before as well as after the coming into force of this section.”

Member’s explanatory statement

This removes a prohibition in the Greater London Authority Act 1999 against the Greater London

Authority incurring expenditure on anything that may be done by Transport for London. It applies

in relation to expenditure incurred before as well after the coming into force of the new clause.

Richard Burden

Tom Greatrex

Roberta Blackman-Woods

John McDonnell

Jeremy Corbyn

NC3

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.

(6)
In this section—

“National infrastructure” means infrastructure of strategic significance in or

relating to the sectors including—

(a)
transport covering ports, transport networks (including railways

and roads) and aviation;

(b)
energy;

(c)
flood defences;

(d)
hazardous waste;

(e)
telecommunications;

(f)
water; and

Notices of Amendments:
1454

, continued

(g)
such other sectors as are prescribed.”

Nick Herbert

Sir Nicholas Soames

Dr Liam Fox

Mr Andrew Mitchell

Sir Alan Duncan

Zac Goldsmith

Richard Benyon

Mr Henry Bellingham

Crispin Blunt

Sir Peter Bottomley

Mr Nigel Evans

Chris Heaton-Harris

Rebecca Harris

Simon Hart

Mr Dominic Raab

Mr Andrew Turner

Mr Graham Stuart

Sir Alan Haselhurst

NC12


To move the following Clause—


“Abolition of the Planning Inspectorate

(1)
The Planning Inspectorate is abolished.

(2)
Subject to paragrpah (3), all the functions of the Planning Inspectorate are

transferred to the Secretary of State for Communities and Local Government.

(3)
The functions of the Planning Inspectorate in relation to Wales are transferred to

Welsh Ministers.

Charlotte Leslie

Greg Mulholland

Caroline Lucas

Grahame M. Morris

Ian Swales

Zac Goldsmith

Sir Hugh Bayley

Dr Julian Huppert

Mr David Nuttall

John Hemming

Mike Weatherley

Sir Hugh Bayley

Mr David Anderson

NC16


To move the following Clause—


“Use classes and demolition: drinking establishments

(1)
The Town and Country Planning (Use Classes) Order 1987 (SI 1987/764) is

amended as follows.

(2)
At the end of section 3(6) add—

“(n)
as a drinking establishment.”

(3)
In the Schedule, leave out “Class A4. Drinking Establishments”.

(4)
The Town and Country Planning (General Permitted Development) Order 1995

(SI 1995/418) is amended as follows.

(5)
In Part 3 of Schedule 2 under Class A: Permitted Development, leave out “A4

(drinking establishments)”.

Notices of Amendments:
1455

, continued

(6)
In Part 31 of Schedule 2 under A.1 add—

“(c)
the building subject to demolition is classed as a drinking

establishment”.”

Member’s explanatory statement

The purpose of this New Clause is to aim to ensure that any proposed demolition of or change of

use to public houses and other drinking establishments would be subject to planning permission.

Currently such buildings can be demolished or have their use changed without such permission

being granted.

Nick Herbert

Sir Nicholas Soames

Dr Liam Fox

Mr Andrew Mitchell

Sir Alan Duncan

Zac Goldsmith

Richard Benyon

Mr Henry Bellingham

Crispin Blunt

Chris Heaton-Harris

Rebecca Harris

Mr Dominic Raab

Mr Andrew Turner

Mr Nigel Evans

Mr Graham Stuart

NC20


To move the following Clause—


“Community right of appeal

(1)
The Town and Country Planning Act 1990 is amended as follows.

(2)
In section 78 (appeals to the Secretary of State against planning decisions and

failure to take such decisions) after subsection (2) insert—

“(2A)
Where a planning authority grants an application for planning

permissions and—

(a)
the authority has publicised the application as not according with

the development plan in force in the area in which the land to

which the application relates is situated; or

(b)
the application is not supported by policies in an emerging

development plan;


certain persons as specified in subsection (2B) below may by notice

appeal to the Secretary of State, provided any one of the conditions in

subsection (2C) below are met.

(2B)
Persons who may by notice appeal to the Secretary of State against the

approval of planning permissions in the circumstances specified in

subsection (2A) above are—

(a)
the ward councillors for the area who have lodged a formal

objection to the planning application in writing to the planning

authority, or where there is more than one councillor, all

councillors by unanimity;

(b)
any parish council or neighbourhood forum by two thirds

majority voting, as defined in Section 61F, covering or adjoining

the area of land to which the application relates is situated; or

(c)
any overview and scrutiny committee by two thirds majority

voting.

Notices of Amendments:
1456

, continued

(2C)
The conditions are:

(a)
the application falls within the definition of “major

development”;

(b)
the application is accompanied by an environmental impact

assessment;

(c)
the planning officer has recommended refusal of planning

permission.”

(3)
Section 79 is amended as follows—

(a)
in subsection (2), leave out “either” and after “planning authority”, insert

“or the applicant (where different from the appellant)”;

(b)
in subsection (6), after “determination”, insert “(except for appeals as

defined in section 78 (2A) and where the appellant is as defined in section

79 (2B)).

(4)
In this section—

“emerging” means a development plan that is being examined by the

Secretary of State, or is due to be examined, having met the public

consultation requirements necessary to proceed to this stage; and

“major development” means cases within categories defined in guidance

produced by the Secretary of State.”

Miss Anne McIntosh

NC21


To move the following Clause—


“Consultation for housing developments: water companies

Any housing development of more than 30 dwellings can not proceed without

prior consultation with the local water company.”

Miss Anne McIntosh

NC22


To move the following Clause—


“Consultation for housing developments: internal drainage boards

Any housing development of more than 30 dwellings can not proceed without

prior consultation with the internal drainage board.”

Secretary Patrick McLoughlin


Clause  20,  page  13,  line  8,  at end insert “or

Notices of Amendments:
1457

, continued

(c)
a person who for the time being exercises powers of management or

control over the land.”

Member’s explanatory statement

This amendment extends the definition of “owner” to include persons with powers of management

or control over land.

Secretary Patrick McLoughlin

Clause  20,  page  14,  line  23,  at end insert—

“Notice of compliance

8A
Where an environmental authority considers that an owner of premises has

complied with all the requirements in a species control agreement to carry out

species control operations, the authority must give the owner notice to that

effect.”

Member’s explanatory statement

This amendment requires the environmental authority to issue a notice to an owner once it

considers that the owner has complied with all the requirements in a species control agreement.

Secretary Patrick McLoughlin

Clause  21,  page  23,  line  11,  at end insert—

“Beaver, Eurasian (but not in
         Castor fiber”

relation to Wales)

Member’s explanatory statement

This amendment aims to secure that, in England, the species control provisions will not apply to

Eurasian beavers which are released into the wild under licence. It will continue to be the case

that Eurasian beavers may only be released into the wild under licence.

Roberta Blackman-Woods

Tom Greatrex

Richard Burden

Clause  28,  page  27,  line  9,  at end insert “provided that any designated property,

rights or liabilities to be transferred pursuant to a scheme—

(a)
have been classified as surplus;

(b)
do not compromise land forming part of a common, open space or fuel or

field garden allotment;

(c)
do not extinguish any public right of way;

(d)
are subject to transparent reporting of all aspects of the transaction to the

Land Registry; and



© Parliamentary copyright	Revised 23 January 2015