S.C.G.
Amendment Paper as at
Thursday 23rd January 2003
STANDING COMMITTEE G
New Amendments handed in are marked thus *
PLANNING AND COMPULSORY PURCHASE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee (9th January).
Mr David Wilshire
356
Clause 41, page 25, line 16, after 'think', insert 'reasonably'.
Mr David Wilshire
357
Clause 41, page 25, line 18, after 'think', insert 'reasonably'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
377
Clause 41, page 25, line 19, after '(3)', insert 'must be reasonable and'.
Mr David Wilshire
354
Clause 42, page 27, line 18, at beginning insert 'proposed'.
Mr David Wilshire
355
Clause 42, page 27, line 40, at beginning insert 'proposed'.
Matthew Green
352
Page 26, line 25, leave out Clause 42.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
99
Clause 43, page 30, line 11, at end insert—
'(1A) Any planning application that the Secretary of State declares is of national or regional importance, as designated through subsection (1), must be subject to an Economic Impact Report.'.
Mr David Wilshire
360
Clause 43, page 31, line 10, at end insert—
| '(c) | to require all those seeking to give evidence in person to submit in advance a written summary of the evidence they wish to give so that he can restrict the evidence given in person to new evidence that has not already been given.'. |
Mr David Wilshire
361
Clause 43, page 31, line 10, at end insert—
| '(c) | to submit his report under subsection (7) by a specified date.'. |
Mr Geoffrey Clifton-Brown
Sir David Wilshire
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
405
Clause 44, page 31, line 37, at end insert—
'(1A) 'Simplified Planning Zones may be established for the purposes of promoting economic or social regeneration'.
Matthew Green
244
Clause 44, page 32, line 5, leave out 'satisifed' and insert 'satisfied'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Champman
Sir Paul Beresford
404
Clause 44, page 32, line 15, after (1C)', insert 'and following consultation with persons who appear to the authority to have an interest in matters relating to the scheme.'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Champman
Sir Paul Beresford
403
Clause 44, page 32, line 20, at end insert 'in accordance with guidance issued by the Secretary of State;'.
Mr Tony McNulty
David Wright
297
Clause 44, page 32, line 28, at end insert—
'(3A) In section 83 of that Act after subsection (3) there is inserted the following subsection—
"(4) In this section and in Schedule 7—
| (a) | a reference to the regional spatial strategy must be construed in relation to any area in Greater London as a reference to the spatial development strategy; |
| (b) | a reference to a region must be construed in relation to such an area as a reference to Greater London.".'. |
Matthew Green
227
Page 31, line 35, leave out Clause 44.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
100
Clause 45, page 33, line 15, at end insert—
'(1) A local planning authority must exercise its powers so as to ensure compliance with planning controls in its area.'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
330
Clause 45, page 33, line 23, leave out 'seven days' and insert 'six weeks'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
378
Clause 45, page 33, line 23, leave out 'seven' and insert 'fourteen'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
329
Clause 46, page 34, line 18, leave out subsection (3).
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
379
Page 34, line 9, leave out Clause 46.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
328
Clause 47, page 35, line 7, at end insert—
'( ) Any charge or fee prescribed by regulations made under subsection (1) must be reasonable and equitable.'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
380
Clause 47, page 35, line 7, at end insert—
| '(c) | Any charge or fee prescribed by regulations made under subsection (1) must be reasonable.'. |
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
381
Clause 47, page 35, line 12, at end insert—
| '(d) | circumstances in which a reduction in the charge or fee can be prescribed in regard to prior costs borne by the applicant.'. |
Mr David Wilshire
416
Clause 48, page 35, line 28, leave out subsection (3).
Mr David Wilshire
417
Clause 48, page 36, line 4, leave out 'content' and insert 'scope'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
382
Schedule 2, page 60, line 39, at end insert—
| '(c) | section 76A and 76B of the principal Act (major infrastructure projects).'. |
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
383
Schedule 2, page 61, line 9, leave out subsection (3).
NEW CLAUSES RELATING TO PART 5
Control of light pollution
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
NC18
To move the following Clause:—
'After section 225 of the principal Act there is inserted—
"(1A) Regulations under this Act shall make provision for restricting or regulating the use of external lighting so far as appears to the Secretary of State to be expedient in the interests of amenity or public safety.".'.
Enforcement of planning controls
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
NC19
To move the following Clause:—
'A local planning authority must exercise its powers so as to ensure compliance with planning controls in its area.'.
Agriculture, forestry and development
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
NC20
To move the following Clause:—
'Repeal subsection (2)(e) of section 55 of the principal Act.'.
A qualified third party right of appeal
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
NC21
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; |
| (c) | the planning application falls within the definition of 'major applications', as defined by a person appointed by the Secretary of State for that purpose; |
| (d) | the planning application is accompanied by an Environmental Impact Statement; |
| (e) | the planning officer has recommended refusal of planning permission, certain persons as specified in subsection (2b) below may by notice appeal to the Secretary of State. |
(2b) Persons who may be notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified in subsection (2a) above are—
| (a) | any persons who have lodged a formal objection to the planning application in writing to the planning authority for the area in which the land to which the application relates is situated; |
| (b) | other persons at the discretion of a person appointed by the Secretary of State for that purpose. |
Section 79 of the principal Act is amended as follows—
In subsection (2), leave out ("either") and after ("planning authority") insert ("or the applicant (where different from the appellant).
In subsection (6), after ("the determination") insert ("except for appeals as defined in section 78, subsection (2A), and where the appellant is as defined in section 78, subsection (2B).".'.
