Growth and Infrastructure Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Marshalled List]

Clause 1

LORD MCKENZIE OF LUTON

[In substitution for Amendment 38]

38A*

Page 3, line 13, at end insert—

“( ) This section shall cease to have effect two years after it comes into force.”

Clause 6

LORD BEST

55A*

Page 6, line 5, at end insert—

“(1A) This section only applies in relation to English planning obligations agreed prior to Royal Assent.”

55B*

Page 6, leave out lines 44 to 46

BARONESS HANHAM

55C*

Page 7, line 26, at end insert—

“(11A) This section and section 106BB do not apply in relation to an English planning obligation if planning permission for the development was granted wholly or partly on the basis of a policy for the provision of housing on rural exception sites.”

LORD BEST

55D*

Page 8, line 16, at end insert—

“( ) This period should be consistent with that prescribed to authorities under subsection (9) of section 106BA of the Town and Country Planning Act 1990.”

55E*

Page 8, line 16, at end insert—

“( ) For the purpose of an appeal under this section, the Secretary of State must give material weight to the decision made by the authority under section 106BA and relevant evidence submitted by that authority.”

55F*

Page 9, line 38, at end insert—

“(19) Where a planning obligation is modified under this section following an appeal, the applicant must commence development within 6 months of the final appeal decision.”

Clause 24

BARONESS YOUNG OF OLD SCONE

77A*

Page 29, leave out lines 41 and 42

77B*

Page 30, leave out lines 19 to 22

78A*

Page 30, leave out lines 31 to 42

LORD JENKIN OF RODING

78B*

Page 30, line 32, leave out “35(2)(a)(ii) (business or commercial projects of prescribed description)” and insert “35(2)(a)”

BARONESS YOUNG OF OLD SCONE

 

Baroness Young of Old Scone gives notice of her intention to oppose the Question that Clause 24 stand part of the Bill.

After Clause 24

BARONESS YOUNG OF OLD SCONE

81A*

Insert the following new Clause—

“Requirement on Secretary of State to consider climate change when drawing up a national policy statement

(1) After section 5 of the Planning Act 2008 insert—

“5A Climate change

A statement may only be designated under section 5 if the Secretary of State is satisfied that (taken as a whole) the policy in the statement contributes to the mitigation of and adaptation to climate change.”

(2) After section 13 of the 2008 Act insert—

“13A Cumulative effects

(1) The Secretary of State shall publish on 6 April each year a report setting out the cumulative effect of development consents granted under this Act on the mitigation of and adaptation to, climate change.

(2) A statement designated under section 5 must contain a statement to the effect that it is the Secretary of State’s view that the requirement of subsection (1) is satisfied.””

81B*

Insert the following new Clause—

“Requirement of Secretary of State to consider climate change when making decisions

(1) In section 105(2) of the Planning Act 2008, after paragraph (b) insert—

“(ba) the cumulative effect of development consents on the mitigation of, and adaptation to, climate change as set out in the report published by the Secretary of State under section 13A,”.

(2) After subsection (2) in that section insert—

“(3) For the purposes of subsection (2)(ba), the reference to the report published by the Secretary of State under section 13A means the last report published under that section.””

81C*

Insert the following new Clause—

“Development plan documents: climate change policies

In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of local development documents) after subsection (1) insert—

“(1A) Development plan documents must (taken as a whole) include policies designed to secure that the development and use of land in the local planning authority’s area contribute to the mitigation of, and adaptation to, climate change in line with the objectives and provisions of the Climate Change Act 2008.””

Prepared 22nd January 2013