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Local development scheme (Wales)
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
NC35
To move the following Clause:—
'(1) The local planning authority must prepare and maintain a scheme to be known as their local development scheme.
(2) The scheme must specify—
| (a) | the documents which are to be local development documents; |
| (b) | the subject matter and geographical area to which each document is to relate; |
| (c) | which documents are to be development plan documents; |
| (d) | which documents (if any) are to be prepared jointly with one or more other local planning authorities; |
| (e) | any matter or area in repect of which the authority have agreed (or propose to agree) to the constitution of a joint committee under section 28; |
| (f) | the timetable for the preparation and revision of the documents; |
| (g) | such other matters as are prescribed. |
(3) The local planning authority must—
| (a) | prepare the scheme in accordance with such other requirements as are prescribed; |
| (b) | submit the scheme to the Secretary of State at such time as is prescribed or as the Secretary of State (in a particular case) directs; |
(4) The Secretary of State may direct the local planning authority to make such amendments to the scheme as he thinks appropriate.
(5) Such a direction must contain the Secretary of State's reasons for giving it.
(6) The local planning authority must comply with a direction given under subsection (4).
(7) The Secretary of State may make regulations as to the following matters—
| (a) | publicity about the scheme; |
| (b) | making the scheme available for inspection by the public; |
| (c) | requirements to be met for the purpose of bringing the scheme into effect. |
(8) The local planning authority must revise their local development scheme—
| (a) | at such time as they consider appropriate; |
| (b) | when directed to do so by the Secretary of State. |
(9) Subsections (2) to (7) apply to the revision of a scheme as they apply to the preparation of the scheme.'.
Minerals and waste development scheme (Wales)
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
NC36
To move the following Clause:—
'(1) A county council or county borough council must prepare and maintain a scheme to be known as their minerals and waste development scheme.
(2) Section 14 (ignoring subsections (1) and (2)(e)) applies in relation to a minerals and waste development scheme as it applies in relation to a local development scheme.
(3) This Part applies to a minerals and waste development scheme as it applies to a local development scheme and for that purpose—
| (a) | references to a local development scheme include references to a minerals and waste development scheme; |
| (b) | references to a local planning authority include references to a county council. |
(4) But subsection (3) does not apply to—
| (b) | section 23(1)(b), (4) and (7); |
| (c) | the references in section 23(5) to subsection (4) and the Mayor; |
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
425
Clause 73, page 47, line 10, leave out 'think' and insert 'has reasonable grounds to believe'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
426
Clause 73, page 47, line 16, leave out 'think' and insert 'has reasonable grounds to believe'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
420
Clause 74, page 48, line 5, leave out '7.5%' and insert '15%'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
421
Clause 74, page 48, line 6, at end insert—
'(2A) The Secretary of State may from time to time by regulations prescribe different amounts for the purposes of subsection (2) above.
(2B) The power to make regulations under subsection (2A) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
419
Clause 74, page 48, line 8, leave out from second 'a' to 'case)' in line 9 and insert—
| '(a) | a freehold interest, or |
| (b) | an interest as tenant from year to year, or |
| (c) | an interest as tenant for more than a year |
and in cases (a) and (c) above'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
422
Clause 75, page 49, line 10, leave out '2.5%' and insert '5%'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
423
Clause 75, page 49, line 14, leave out '£25,000' and insert '£50,000'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
424
Clause 75, page 49, line 14, at end insert—
'(3A) The Secretary of State may from time to time by regulations prescribe different amounts for the purposes of subsections (2) and (3) above.
(3B) The power to make regulations under subsection (3A) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
Matthew Green
191
Clause 76, page 51, line 7, at end insert—
'(1A) This section also applies to a person if—
| (a) | he is a person to whom sections 33A, 33B or 33C applies, and |
| (b) | his qualifying interest in land for the purposes of section 33A is acquired compulsorily under section 17 of the Housing Act 1985 (Acquisition of land for housing purposes).'. |
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
Matthew Green
192
Clause 76, page 51, line 7, at end insert—
'(1A) This section also applies to a person if—
| (a) | he is a person to whom sections 33A, 33B or 33C applies, |
| (b) | his qualifying interest in land for the purposes of section 33A is acquired compulsorily under section 17 of the Housing Act 1985 (Acquisition of land for housing purposes), |
| (c) | a notice falling within subsection (4A) has been served on him in relation to the land mentioned in that section, and |
| (d) | the confirming authority has certified that it is satisfied that the acquiring authority sought to acquire the land compulsorily for the reason specified in the notice.'. |
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
Matthew Green
193
Clause 76, page 51, line 15, after 'notices', insert 'referred to in subsection (1)'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
Matthew Green
194
Clause 76, page 51, line 24, at end insert—
'(4A) The notice referred to in subsection (1A) is a notice in the prescribed form and served in the prescribed manner stating that the acquiring authority intends to acquire the land for the reason that the land or any part of it should be brought into residential use.'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
Matthew Green
195
Clause 76, page 51, line 37, at end insert—
'(8) In this section—
| | "confirming authority" has the same meaning as in the Acquisition of Land Act 1981, |
| | "prescribed" means prescribed by regulations made by the Secretary of State.'. |
Matthew Green
245
Schedule 3, page 63, line 22, leave out paragraph 4.
Geoffrey Clifton-Brown
David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
413
Schedule 3, page 63, line 22, at end insert—
'(3A) After section 106(1)(d) there is inserted—
| "(e) | for the creation or transfer of an interest or right in land, |
| (f) | for the purpose of restricting, facilitating or regulating the development of land, either permanently or for such period as may be prescribed by the obligation.".'. |
Geoffrey Clifton Brown
David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
414
Schedule 3, page 63, line 22, at end insert—
'(3A) After section 106(2)(c) there is inserted—
| "(d) | any agreement or other document under this section may contain such incidental and consequential provisions (including financial ones) as appear to the local planning authority or the person interested in the land to be necessary or expedient for the purposes of the agreement.".'. |
Matthew Green
246
Schedule 6, page 74, line 15, leave out 'Section 92'.
REMAINING NEW CLAUSES
Third party right of appeal
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
NC4
To move the following Clause:—
'1. After section 78, subsection (2), of the principal Act there is inserted—
"(2A) Where a local planning authority approves an application for planning permission and—
| (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; or |
| (b) | the planning application is one in which the local authority has an interest as defined in section 316; |
the persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified 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." |
2. 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(2A) and where the appellant is as defined in section 78(2A)".'.
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