Amendments proposed to the Planning and Compulsory Purchase Bill - continued House of Commons

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WSS: further procedure

   

Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford

NC27

To move the following Clause:—

    '(1)   If no examination in public is held the Secretary of State must consider any representations made on the draft revision of the WSS under section 6(2).

    (2)   If an examination in public is held the Secretary of State must consider—

      (a) the report of the person appointed to hold the examination;

      (b) any representations which are not considered by the person appointed to hold the examination.

    (3)   If after proceeding under subsection (1) or (2) the Secretary of State proposes to make any changes to the draft he must publish—

      (a) the changes he proposes to make,

      (b) his reasons for doing so.

    (4)   Any person may make representations on the proposed changes.

    (5)   The Secretary of State must consider any such representations.

    (6)   The Secretary of State must then publish the revision of the WSS incorporating such changes as he thinks fit.

    (7)   But the Secretary of State may withdraw a draft revision of a WSS at any time before he publishes the revision of the WSS under subsection (6).'.


WSS: Secretary of State's Functions

   

Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford

NC28

To move the following Clause:—

    '(1)   This section applies when the Secretary of State receives a draft revision of the WSS.

    (2)   Any person may make representations on the draft.

    (3)   The Secretary of State may arrange for an examination in public to be held into the draft.

    (4)   In deciding whether an examination in public is held the Secretary of State must have regard to—

      (a) the extent of the revisions proposed by the draft;

      (b) the extent to which there was any consultation on the draft before it was published;

      (c) the level of interest shown in the draft;

      (d) such other matters as he thinks appropriate.'.


WSS: examination in public

   

Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford

NC29

To move the following Clause:—

    '(1)   This section applies if the Secretary of State decides that an examination in public is to be held of a draft revision of the WSS.

    (2)   The examination must be held before a person appointed by the Secretary of State.

    (3)   No person has a right to be heard at an examination in public.

    (4)   The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at an examination in public.

    (5)   The person appointed under subsection (2) must make a report of the examination to the Secretary of State.

    (6)   The Secretary of State may by regulations make provisions as to the procedure to be followed in connection with the recommendations of the person appointed under subsection (2).

    (7)   An examination in public—

      (a) is a statutory inquiry for the purposes of section 1(1)(c) of the Tribunals and Inquiries Act 1992 (c. 53) (report on administrative procedures);

      (b) is not a statutory inquiry for any other purposes of that Act.'.


Secretary of State: additional powers (Wales)

   

Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford

NC30

To move the following Clause:—

    '(1)   If the Secretary of State thinks it is necessary or expedient to do so he may direct an WPB to prepare a draft revision of the WSS.

    (2)   Such a direction may require the WPB to prepare the draft revision—

      (a) in relation to such aspects of the WSS as are specified;

      (b) in accordance with such timetable as is specified.

    (3)   The Secretary of State may prepare a draft revision of the WSS if the WPB fails to comply with—

      (a) a direction under subsection (1),

      (b) section 5(1)(b), or

      (c) regulations under section 5(5) or 10.

    (4)   If the Secretary of State prepares a draft revision under subsection (3)—

      (a) section 6 applies as it does if the Secretary of State receives a draft revision from the WPB, and

      (b) sections 7 and 8(1) to (7) apply.

    (5)   If the Secretary of State thinks it necessary or expedient to do so he may at any time revoke—

      (a) a WSS;

      (b) such parts of a WSS as he thinks appropriate.

    (6)   The Secretary of State may by regulations make provision as to the procedure to be followed for the purposes of subsection (3).

    (7)   Subsection (8) applies if—

      (a) any step has been taken in connection with the preparation of any part of regional planning guidance.'.


Regulations (Wales)

   

Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford

NC31

To move the following Clause:—

    '(1)   The Secretary of State may by regulations make provision in connection with the exercise by any person of functions under this Part.

    (2)   The regulations may in particular make provision as to—

      (a) the procedure to be followed by the WPB in carrying out the draft revision and appraisal under section 5;

      (b) requirements about the giving of notice and publicity;

      (c) the nature and extent of consultation with and participation by the public in anything done under this Part;

      (d) the making of representations about any matter to be included in a WSS;

      (e) consideration of any such representations;

      (f) the remuneration and allowances payable to a person appointed to carry out an examination in public under section 7;

      (g) the time at which anything must be done for the purposes of this Part;

      (h) the manner of publication of any draft, report or other document published under this Part;

      (i) monitoring the exercise by WPBs of their functions under this Part.'.


Joint committees (Wales)

   

Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman

NC32

to move the following Clause:—

    '(1)   This section applies if one or more local planning authorities agree with one or more councils to establish a joint committee to be, for the purposes of this Part, the local planning authority—

      (a) for the area specified in the agreement;

      (b) in respect of such matters as are so specified.

    (2)   The Secretary of State may by order constitute a joint committee to be the local planning authority—

      (a) for the area;

      (b) in respect of those matters.

    (3)   Such an order—

      (a) must specify the authority or authorities and council or councils (the constituent authorities) which are to constitute the joint committee;

      (b) may make provision as to such other matters as the Secretary of State thinks are necessary or expedient to facilitate the exercise by the joint committee of its functions.

    (4)   Provision under subsection (3)(b) may include provision corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972 (c. 70).

    (5)   If an order under this section is annulled in pursuance of a resolution of either House of Parliament—

      (a) with effect from the date of the resolution the joint committee ceases to be the local planning authority as mentioned in subsection (2);

      (b) anything which the joint committee (as the local planning authority) was required to do for the purposes of this Part must be done for their area by each local planning authority which were a constituent authority of the joint committee;

      (c) each of those local planning authorities must revise their local development scheme accordingly.

    (6)   Nothing in this section or section 29 confers on a local planning authority constituted by virtue of an order under this section any function in relation to section 12 or 13.

    (7)   The policies adopted by the joint committee in the exercise of its functions under this Part must be taken for the purposes of the planning Acts to be the policies of each of the constituent authorities which are a local planning authority.

    (8)   Subsection (9) applies to any function—

      (a) which is conferred on a local planning authority (within the meaning of the principal Act) under or by virtue of the planning Acts, and

      (b) which relates to the authority's local development scheme or local development documents.

    (9)   If the authority is a constituent authority of a joint committee references to the authority's local development scheme or local development documents must be construed as including references to the scheme or documents of the joint committee.'.


Joint committees (Wales): additional functions

   

Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman

NC33

To move the following Clause:—

    '(1)   This section applies if the constituent authorities to a joint committee agree that the joint committee is to be, for the purposes of this Part, the local planning authority for any area or matter which is not the subject of—

      (a) an order under section 28, or

      (b) an earlier agreement under this section.

    (2)   Each of the constituent authorities and the joint committee must revise their local development scheme in accordance with the agreement.

    (3)   With effect from the date when the last such revision takes effect the joint committee is, for the purposes of this Part, the local planning authority for the area or matter mentioned in subsection (1).'.


Dissolution of joint committee (Wales)

   

Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford

NC34

To move the following Clause:—

    '(1)   This section applies if a constituent authority requests the Secretary of State to revoke an order constituting a joint committee as the local planning authority for any area or in respect of any matter.

    (2)   The Secretary of State may revoke the order.

    (3)   Any step taken by the joint committee in relation to a local development scheme or a local development document must be treated for the purposes of any corresponding scheme or document as a step taken by a successor authority.

    (4)   A successor authority is—

      (a) a local planning authority which were a constituent authority of the joint committee;

      (b) a joint committee constituted by order under section 28 for an area which does not include an area which was not part of the area of the joint committee mentioned in subsection (1).

    (5)   If the revocation takes effect at any time when an independent examination is being carried out in relation to a local development document the examination must be suspended.

    (6)   But if before the end of the period prescribed for the purposes of this subsection a successor authority falling within subsection (4)(a) requests the Secretary of State to do so he may direct that—

      (a) the examination is resumed in relation to the corresponding document;

      (b) any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.

    (7)   The Secretary of State may by regulations make provision as to what is a corresponding scheme or document.'.



 
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Prepared 23 Jan 2003