Sir Sydney Chapman
185
Clause 11, page 6, line 26, leave out from first 'region' to end of line 27 and insert—
'—
| (a) | is a region (except London) specified in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45); or |
| (b) | any part of the marine area.'. |
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
70
Clause 11, page 6, line 28, leave out from beginning to 'if'.
Matthew Green
Mr Edward Davey
177
Clause 11, page 6, line 31, leave out 'Secretary of State' and insert 'elected Regional Assembly, or if one is not present, the Secretary of State'.
Mr David Wilshire
38
Clause 11, page 6, line 36, leave out subsection (5).
Mr David Wilshire
39
Clause 11, page 6, line 36, at end insert—
'(6) The Secretary of State may by order direct that the boundaries of a region as defined in subsection (1) be modified in whatever way is specified in the order.'.
NEW CLAUSES RELATING TO PART 1
Planning application
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
NC1
To move the following Clause:—
After section 78, subsection (2), of the principal Act there is inserted—
'(2a) Where a local planning authority approve an application for planning permission where—
| (a) | the planning application does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated; |
| (b) | the planning application is one in which the local authority has an interest as defined in section 316;'. |
Strategic Environmental Assessment
Matthew Green
Mr Edward Davey
NC2
To move the following Clause:—
'.—All plans must be subject to a Strategic Environmental Assessment.'.
Duty to prepare Access Statement for the benefit of disabled people
Matthew Green
Mr Edward Davey
NC3
To move the following Clause—
'.—(1) The 1990 Act is amended as follows.
(2) For section 76 substitute—
"76 Duty to prepare Access Statement for the benefit of disabled people
(1) This section applies when planning permission is applied for any development—
| (a) | of a building or premises to which sections 19, 20 and 21 of the Disability Discrimination Act 1995 (c. 50) apply (buildings or premises to which public are to be admitted on payment or otherwise); |
| (b) | of any of the following— (being in each case, premises in which persons are employed to work)— |
| (i) | office premises, shop premises and railway premises to which the [1963 c. 41.] Offices, Shops and Railway Premises Act 1963 applies; |
| (ii) | premises which are deemed to be such premises for the purposes of that Act; or |
| (iii) | factories as defined by section 175 of the [1961 c.34.] Factories Act 1961; |
| (c) | of a building or premises to which sections 28R and 28S and 28T of the Disability Discrimination Act 1995 (c. 50) apply (educational institutions); |
| (d) | of a building intended for the purpose of an institution with the PCFC funding sector; or |
| (e) | a building intended for the purposes of a school. |
(2) The local planning authority granting the planning permission shall require the person for whom the permission is being applied, to prepare and submit an Access Statement demonstrating how their project will meet the provisions of—
| (a) | in the case of such a building or premises as mentioned in subsection (1)(a)— |
| (i) | section 21 of the Disability Discrimination Act 1995 (c. 50); |
| (ii) | the Disability Discrimination Act Code of Practice on the Rights of Access Goods, Facilities, Services and Premises or any document replacing that code; and |
| (iii) | the Code of Practice on the design of buildings and the approaches to meet the needs of disabled people (BSI 8300 2001) or any document replacing that code. |
| (b) | in the case of such premises as are mentioned in subsection (1)(b), to sections 7 and 8A of that Act and to that code or any such prescribed document replacing it; |
| (c) | in the case of any building or premises mentioned in subsection (1)(c)— |
| (i) | to section 28T of the Disability Discrimination Act 1995 (c. 50); |
| (ii) | to the Disability Discrimination Act code of practice on the provision of post 16 education and related services for disabled people and students, or any document replacing that code; and |
| (iii) | to the Code of Practice on the design of buildings and the approaches to meet the needs of disabled people (BSI 8300 2001) or any document replacing that code. |
| (d) | in the case of any building or premises mentioned in subsection (1)(e) to guidance on the construction standards for schools (DfES 2001) or any document replacing that guidance. |
76A Duty to draw attention to provision for the disabled at the start of planning process (1) The elected Regional Assembly, or if one is not present, the Secretary of State, shall prescribe arrangements to draw the attention of applicants for planning permission to the legislation listed in section 76 at the time of application for planning permission.".'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
87
Clause 12, page 7, line 13, at end insert—
| '( ) | the historic sites and monuments of the area;'. |
Matthew Green
Mr Edward Davey
178
Clause 12, page 7, line 13, at end insert 'the historic environment of the area;'.
Mr David Wilshire
40
Clause 12, page 7, line 14, after 'those', insert 'or any other relevant'.
Mr David Wilshire
41
Clause 12, page 7, line 16, leave out subsection (2)(f).
Matthew Green
Mr Edward Davey
179
Clause 12, page 7, line 16, leave out 'Secretary of State' and insert 'elected Regional Assembly, or if one is not present, the Secretary of State.'
Mr David Wilshire
42
Clause 12, page 7, line 17, at end insert—
| '(g) | the principal generation of employment in the area; |
| (h) | the role played by the area in the economic and social life of the nation.'. |
Mr David Wilshire
43
Clause 12, page 7, line 22, at end insert—
| '(c) | the effect such changes are likely to have on the economic and social development of the nation or on the planning of such development.'. |
Mr David Wilshire
44
Clause 12, page 7, line 23, leave out 'may' and insert 'must'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
122
Clause 13, page 7, line 34, leave out from 'area' in line 34 to end of line 35 and insert 'or the planning of its development'.
Matthew Green
Mr Edward Davey
180
Clause 13, page 7, line 39, leave out 'The Secretary of State may by regulations require' and insert 'The elected Regional Assembly may require'.
Mr David Wilshire
45
Clause 13, page 7, line 39, leave out subsections (3) and (4).
Matthew Green
Mr Edward Davey
181
Clause 13, page 8, line 3, leave out 'Secretary of State' and insert 'elected Regional Assembly, or if one is not present, the Secretary of State'.
Matthew Green
Mr Edward Davey
182
Clause 13, page 8, line 7, leave out 'Secretary of State' and insert 'elected Regional Assembly, or if one is not present, the Secretary of State'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
123
Clause 14, page 8, line 21, at end insert—
| '( ) | the assistance of any other local authority whose area comprises any part of the area of the local planning authority.'. |
Mr David Wilshire
126
Clause 14, page 8, line 36, after 'direction', insert 'can only be made after a period of 12 months has elapsed following the issuing of a draft direction and after all representations from the local planning authority, other interested parties and the general public have been fully considered at a public enquiry and'.
Mr David Wilshire
127
Clause 14, page 8, line 43, at end insert—
| '(d) | a timetable for preparing the scheme.'. |
Mr David Wilshire
128
Clause 14, page 9, line 3, at end insert—
| '(c) | not later than 5 years after the formal approval of a scheme.'. |
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
88
Clause 15, page 9, line 9, at end insert—
'(1A) The minerals and waste development scheme must have regard to—
| (a) | making prudent use of natural resources; |
| (b) | the objective of reducing demand for natural resource usage through the promotion of a pattern of land use which is strategically efficient in its use of aggregates; |
| (c) | the requirement for an environmental capacity assessment; |
| (d) | carrying out, every four years, a regional level review of quantities of regional supplies and their distribution, taking into account the rate of recycling and secondary material, progress with demand management and environmental capacity.'. |
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