|Amendments proposed to the Countryside and Rights of Way Bill - continued||House of Commons|
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Areas of special scientific interest: miscellaneous amendments
Mr David Heath
NC7To move the following Clause:
' .(1) Section 15 of the 1968 Act (areas of special scientific interest) shall be amended as follows:
(c) in subsection (2)
Power of arrest
Mr David Heath
NC8To move the following Clause:
' . In section 19 of the Wildlife and Countryside Act 1981, in subsection (1) there is inserted:
Mr Gordon Prentice
NS1To move the following Schedule:
Areas of Outstanding Natural Beauty
Purpose of aonbs1.(1) Section 87 of the National Parks and Access to the Countryside Act 1949 ("the 1949 Act") is amended as follows.
(2) At the beginning there is inserted
"( ) This section and sections 87A to 88D have effect for the purpose of conserving and enhancing the natural beauty of the areas specified in subsection (1).".
Requirement for relevant authorities to have regard for aonbs2. After section 87 of the 1949 Act there is inserted
(2) For the purpose of this section 'relevant authority' means
(3) In subsection (2)
Duty of local planning authority in relation to aonbs3. After section 88 of the 1949 Act there is inserted
(2) Subject to subsection (3), and in pursuance of its duty under subsection (1), every local planning authority whose area consists all or part of an aonb shall also seek to foster the economic and social wellbeing of communities within the aonb, but without incurring significant expenditure in doing so.
(3) Subsections (1) and (2) shall not apply to local planning authorities in respect of an aonb for which a conservation board has been established in accordance with section 88B of this Act.
(4) In this section 'local planning authority' has the meaning given in the Town and Country Planning Act 1990.".
Conservation boards for aonbs4. After section 88A of the 1949 Act there is inserted
(2) In pursuance of its duty under subsection (1), a conservation board shall also seek to foster the economic and social wellbeing of communities within its area, but without incurring significant expenditure in doing so.
(3) Before making an order under this section the Secretary of State shall consult
and shall be satisfied that there is a broad measure of agreement amongst those consulted that a conservation board should be established.
(4) A conservation board shall be a body corporate and shall consist of
(5) The powers of a conservation board shall include the power to do anything which in the opinion of the board is calculated to facilitate, or is conducive or incidental to, the accomplishment of the functions mentioned in subsection (1).
(6) A conservation board shall also have the powers of ownership and acquisition of land set out in Schedule III to this Act.
(7) In this section and in section 88C 'appropriate countryside body' means
AONB management plans5. After section 88B of the 1949 Act there is inserted
(2) The aonb Management Plan shall be published in draft form for consultation purposes.
(3) Written submissions will be accepted for a period of six weeks beginning on the date of publication.
(4) Submissions will be taken into account by the local planning authority and the conservation board in producing the final Management Plan.
(5) Where two or more local planning authorities have a duty under section 88(1) in relation to the same aonb they shall prepare, publish and adopt a plan jointly.
(6) A conservation board or local planning authority which is proposing to publish, adopt or review any plan under this section shall give notice of the proposal and send a copy of the plan together (where appropriate) with any proposed amendments of the plan to
and shall take into consideration any observations made by a body or authority mentioned in paragraphs (b) or (c).
(7) A conservation or local planning authority shall review its conservation management plan at intervals of not more than five years.".
Conservation board finances6. After section 88C of the 1949 Act there is inserted
(2) A levy issued by virtue of this section shall be issued in accordance with regulations made under section 74 of the Local Government Finance Act 1988 (power to make regulations authorising a levying body to issue a levy) and accordingly a conservation board shall be deemed to be a levying body with the meaning of that section.
(3) The amount of levies issued by a conservation board in respect of any financial year shall be equal to the sum required by the board to meet the expenditure necessarily incurred in the discharge of its functions determined in accordance with regulations made under that section 74.
(4) The Secretary of State may make grants to a conservation board for such purposes, of such amounts and on such terms and conditions as he thinks fit, and accordingly sections 72 and 73 of the Environment Act 1995 shall apply as if references in that section to a National Park Authority were references to the board.
(5) A conservation board shall not by virtue of this section be a local authority within the meaning of the Town and Country Planning Act 1990 (which equates a levying authority with a local authority.)".
Powers of conservation boards in relation to land etc.7. After Schedule 2 to the 1949 Act there is inserted
Powers of Conservation Boards in Relation to Land Etc.1.(1) Subject to sub-paragraph (2) below, the following provisions, that is to say
shall have effect as if, for the purposes of those provisions, a conservation board were a principal council and the relevant aonb were the board's area.
(2) Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 (obtaining information about land) shall apply in relation to a conservation board as if the board were a local authority for the purposes of that Act.
(3) Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land) shall have effect as if references to a principal council included references to a conservation board and as if the relevant aonb were that board's area; and for the purposes of this paragraph the reference in subsection (1) of that section to section 111 of the 1972 Act shall have effect as a reference to section 88B of this Act.
(4) This paragraph shall be without prejudice to any power conferred on a conservation board by virtue of paragraph 2 below.
2.(1) 244A of the Town and Country Planning Act 1990 ("the 1990 Act") (powers of joint planning boards) there shall be inserted the following section
(2) Sections 227, 229, 232, 233 and 235 to 242 shall apply with the necessary modifications as if a conservation board were a local authority to which those sections applied and as if the aonb in relation to which it carries out functions were the board's area.
(3) In this section "conservation board menas a board established under section 88B of the National Parks and Access to the Countryside Act 1949.".
(2) Every such reference in the 1990 Act to the acquisition or appropriation of land for planning purposes as falls to be construed in accordance with section 246 of that Act shall be taken (so far as it would not otherwise do so) to include a reference to an acquisition or appropriation of land under any power conferred by virtue of subparagraph (1) above.
(3) The following provisions of the 1990 Act, that is to say
(4) The reference to a local authority in section 66(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (which refers to the powers of a local authority under sections 232, 233 and 235(1) of the Town and Country Planning Act 1990) shall include a reference to a conservation board.".
Amendments to the Town and Country Planning Act 19908. After section 52 of the Town and Country Planning Act 1990 ("the 1990 Act") there is inserted
(2) If a conservation board objects to proposals for the making, alteration, replacement or repeal of a development plan and the objection is not by writing withdrawn then
unless the proposals are withdrawn".
(2) Subsection (1) does not affect any other duties of a local planning authority under or by virtue of this Part.
(3) So far as the relevant provisions of an aonb management plan adopted pursuant to section 88C of the 1949 Act are not incorporated in a development plan, due regard shall be given to those provisions in making any determination under section 70 in respect of or relating to any proposed development in an area for which that management plan has been adopted and to which that development plan applies.".
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