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

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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
Mr David Drew
Matthew Green

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).".'.


Enforcement in respect of breach of planning control on green-belt or agricultural land

   

Mr John Baron
Mr Geoffrey Clifton-Brown
Sir Sidney Chapman
Sir Paul Beresford
Mr David Wilshire

NC37

To move the following Clause:—

    '—(1)   Where, in the case of a breach of planning control on green-belt or agricultural land—

      (a) an enforcement notice has been issued in pursuance of section 172 (issue of enforcement notice) of the principal Act;

      (b) the authority has reasonable grounds for believing that the continuation of the breach of planning control will result in significant harm;

      (c) that notice specifies such steps as the authority require to be taken, or which the authority require to cease, in order to achieve, wholly or partly, the restoration of the land to its condition before the breach took place;

       the authority may issue a notice to remedy confirming the terms of the enforcement notice and the provisions of section 174(2)(a), (b), (c), (d), (f) and (g) of the principal Act (appeal against enforcement notice) shall not apply thereto.

    (2)   The owner of the land shall have thirty clear days in which to comply with the terms of the enforcement notice and of the notice to remedy, following which the authority may itself take such remedial action as is necessary to secure compliance.

    (3)   No appeal shall be entertained or continued against any enforcement notice in respect of which a notice to remedy has subsequently been issued pursuant to subsection (1), except on the grounds that copies of the enforcement notice were not served as required by section 172 of the principal Act.

    (4)   No retrospective planning application shall be entertained in respect of works which are the subject of a notice to remedy issued pursuant to subsection (1) above.

    (5)   Where a notice to remedy has been issued pursuant to subsection (1) above, no compensation shall be payable pursuant to Part IV of the principal Act with regard to any matter specified in the enforcement notice.'.


Development orders

   

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

NC38

To move the following Clause:—

       'After section 59(3) of the principal Act (Development Orders) there is inserted—

      "(4) No development order may grant permission for the erection of a building or the formation of a private way for the purposes of agriculture or forestry.".'.


ORDER OF THE COMMITTEE [9th JANUARY]

       That—

    (1)   during proceedings on the Planning and Compulsory Purchase Bill the Standing Committee do meet on Tuesdays and Thursdays at five minutes to Nine o'clock and at half-past Two o'clock;

    (2)   12 sittings in all shall be allotted to the consideration of the Bill by the Committee;

    (3)   the proceedings to be taken on the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown;

    (4)   the proceedings which under paragraph (3) are to be taken on any sitting shall (and so far as not previously concluded) be brought to a conclusion at the time specified in the third column of the Table;

    (5)   paragraph (3) does not prevent proceedings being taken (in the order shown in the second column of the Table) at any earlier sitting than that provided for under paragraph (3) if previous proceedings have already been concluded.

TABLE

SittingProceedingsTime for conclusion of proceedings
1stPart 1, New Clauses and New Schedules relating to Part 1, Clauses 12 and 13
2ndPart 1, New Clauses and New Schedules relating to Part 1, Clauses 12 and 13
3rdPart 1, New Clauses and New Schedules relating to Part 1, Clauses 12 and 13 (so far as not previously concluded)11.25 a.m.
4thClauses 14 to 36
5thClauses 14 to 36
6thClauses 14 to 36 (so far as not previously concluded), New Clauses and New Schedules relating to Part 25 p.m.
7thClauses 37 to 39, Schedule 1, Clauses 40 to 49, Schedule 2, Clauses 50 to 53
8thClauses 37 to 39, Schedule 1, Clauses 40 to 49, Schedule 2, Clauses 50 to 53
9thClauses 37 to 39, Schedule 1, Clauses 40 to 49, Schedule 2, Part 5 (so far as not previously concluded), New Clauses and New Schedules relating to Part 511.25 a.m.
10thPart 6, New Clauses and New Schedules relating to Part 65 p.m.
11thPart 7, New Clauses and New Schedules relating to Part 7, Clauses 78 to 83, Schedules 3 and 4, Clause 84, Schedule 5, Clause 85, Schedule 6, Clauses 86 to 90
12thPart 7, New Clauses and New Schedules relating to Part 7, Clauses 78 to 83, Schedules 3 and 4, Clause 84, Schedule 5, Clause 85, Schedule 6, Clauses 86 to 90 (so far as not previously concluded), remaining New Clauses and New Schedules and any remaining proceedings on the Bill5 p.m.


ORDER OF THE COMMITTEE [14th JANUARY]

       That the Order of the Committee [9th January] relating to programming be amended as follows—

       In the Table the entry for the 1st, 2nd, 3rd, 4th, 5th and 6th sittings are omitted and the following words inserted:

1stPart 1, New Clauses and New Schedules relating to Part 1 -
2ndPart 1, New Clauses and New Schedules relating to Part 1-
3rdPart 1, New Clauses and New Schedules relating to Part 1 (so far as not previously concluded)11.25 am
4thClauses 12 to 36 -
5thClauses 12 to 36-
6thClauses 12 to 36 (so far as not previously concluded), New Clauses and New Schedules relating to Part 25pm


 
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Prepared 28 Jan 2003