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S.C.A.

Amendment Paper as at
Tuesday 14th October 2003

STANDING COMMITTEE A


PLANNING AND COMPULSORY PURCHASE (RE-COMMITTED) BILL

RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE

The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on 17th September 2003 (Sessional Order C relating to Programming (28th June 2001)):—

That—

    (1)   during proceedings on the Planning and Compulsory Purchase (Re-committed) Bill, the Standing Committee do meet when the House is sitting:

(a) in addition to its first sitting on Tuesday, 14th October 2003 at 10.30 a.m., on that day 4.30 p.m;

(b) thereafter, on Tuesdays and Thursdays at 9.10 a.m. and 2.30 p.m.;

    (2)   the proceedings shall be taken in the following order, namely New Clauses and New Schedules standing in the name of a Minister of the Crown, remaining New Clauses and New Schedules, Clauses 5 to 11, Clause 15, Clauses 19 to 36, Clauses 44 to 53, Clauses 56 to 72, Clauses 79 to 90, Schedules 2 to 6, Clauses 1 to 4, Clauses 12 to 14, Clauses 16 to 18, Clauses 37 to 43, Clauses 54 to 55, Clauses 73 to 78, Schedule 1, and remaining proceedings on the Bill;

    (3)   the proceedings so far as not previously concluded, shall be brought to a conclusion at 5.15 p.m. on Thursday, 23rd October 2003.

Mr Keith Hill has given notice of his intention to move a motion in the terms of the Resolution of the Programming Sub-Committee (Sessional Order C(9) relating to Programming (28th June 2001)).


NEW CLAUSES IN THE NAME OF A MINISTER

Effect of revision or revocation of development order on incomplete development

   

Mr Keith Hill
Mr Geoffrey Clifton-Brown
Mr Mark Francois

NC4

To move the following Clause:—

'In the principal Act after section 61C (planning permission granted by local development orders) (inserted by section 39 of the Planning and Compulsory Purchase Act 2003) there is inserted the following section—

    "61D     Effect of revision or revocation of development order on incomplete development

    (1)   A development order or local development order may include provision permitting the completion of development if —

(a) planning permission is granted by the order in respect of the development, and

(b) the planning permission is withdrawn at a time after the development is started but before it is completed.

    (2)   Planning permission granted by a development order is withdrawn—

(a) if the order is revoked;

(b) if the order is amended so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;

(c) by the issue of a direction under powers conferred by the order.

    (3)   Planning permission granted by a local development order is withdrawn—

(a) if the order is revoked under section 61A(6) or 61B(8);

(b) if the order is revised in pursuance of paragraph 2 of Schedule 4A so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;

(c) by the issue of a direction under powers conferred by the order.

    (4)   The power under this section to include provision in a development order or a local development order may be exercised differently for different purposes.".'.


Crown

   

Mr Keith Hill

NC5

To move the following Clause:—

    '(1)   'This Act (except Part 7) binds the Crown.

    (2)   The amendments made by Part 7 apply to the Crown to the extent that the enactments amended so apply.'.


Crown application of planning Acts

   

Mr Keith Hill

NC6

To move the following Clause:—

    '(1)   In Part 13 of the principal Act before section 293 (preliminary definitions for Part 13) there is inserted the following section—

    "292A     Application to the Crown

    (1)   This Act binds the Crown.

    (2)   But subsection (1) is subject to express provision made by this Part."

    (2)   In the listed buildings Act after section 82 there is inserted the following section—

    "82A     Application to the Crown

    (1)   This Act (except the provisions specified in subsection (2)) binds the Crown.

    (2)   These are the provisions—

(a) section 9;

(b) section 11(6);

(c) section 21(7);

(d) section 42(1), (5) and (6);

(e) section 43;

(f) section 44A;

(g) section 54;

(h) section 55;

(i) section 59;

(j) section 88A.

    (3)   But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 9(3)(a) to (d) and the doing of that thing does not contravene section 7."

    (3)   In the hazardous substances Act after section 30 there are inserted the following sections—

    "30A     Application to the Crown

    (1)   This Act (except the provisions specified in subsection (2)) binds the Crown.

    (2)   The provisions are—

(a) section 8(6);

(b) section 23;

(c) section 26AA;

(d) section 36A;

(e) section 36B(2)."

    30B     Crown application: transitional

    (1)   This section applies if at any time during the establishment period a hazardous substance was present on, over or under Crown land.

    (2)   The appropriate authority must make a claim in the prescribed form before the end of the transitional period.

    (3)   The claim must contain the prescribed information as to—

(a) the presence of the substance during the establishment period;

(b) how and where the substance was kept and used.

    (4)   Unless subsection (5) or (7) applies, the hazardous substances authority is deemed to have granted the hazardous substances consent claimed in pursuance of subsection (2).

    (5)   This subsection applies if the hazardous substances authority think that a claim does not comply with subsection (3).

    (6)   If subsection (5) applies, the hazardous substances authority must, before the end of the period of two weeks starting with the date they received the claim—

(a) notify the claimant that they think the claim is invalid;

(b) give their reasons.

    (7)   This subsection applies if at no time during the establishment period was the aggregate quantity of the substance equal to or greater than the controlled quantity.

    (8)   Hazardous substances consent which is deemed to be granted under this section is subject—

(a) to the condition that the maximum aggregate quantity of the substance that may be present for the purposes of this subsection at any one time must not exceed the established quantity;

(b) to such other conditions (if any) as are prescribed for the purposes of this section and are applicable in the case of the consent.

    (9)   A substance is present for the purposes of subsection (8)(a) if—

(a) it is on, over or under land to which the claim for consent relates,

(b) it is on, over or under other land which is within 500 metres of it and is controlled by the Crown, or

(c) it is in or on a structure controlled by the Crown any part of which is within 500 metres of it,

and in calculating whether the established quantity is exceeded a quantity of a substance which falls within more than one of paragraphs (a) to (c) must be counted only once.

    (10)   The establishment period is the period of 12 months ending on the day before the date of commencement of section (Crown application of planning Acts)(3) of the Planning and Compulsory Purchase Act 2003.

    (11)   The transitional period is the period of six months starting on the date of commencement of that section.

    (12)   The established quantity in relation to any land is the maximum quantity which was present on, over or under the land at any one time within the establishment period."

    (4)   Schedule [Crown application] amends the planning Acts in relation to the application of those Acts to the Crown.'.


Special provision for certain circumstances where disclosure of information as to national security may occur

   

Mr Keith Hill

NC7

To move the following Clause:—

    '(1)   In section 321 of the principal Act (planning inquiries to be held in public subject to certain exceptions) after subsection (4) there are inserted the following subsections—

    "(5)   If the Secretary of State is considering giving a direction under subsection (3) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

    (6)   A person appointed under subsection (5) must have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c.41).

    (7)   The Lord Chancellor may by rules make provision—

(a) as to the procedure to be followed by the Secretary of State before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5);

(b) as to the functions of such a person.

    (8)   Rules made under subsection (7) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."

    (2)   In Schedule 3 to the listed buildings Act (determination of certain appeals by person appointed by the Secretary of State), in paragraph 6, after sub-paragraph (7) there are inserted the following sub-paragraphs—

 "(7A) If the Secretary of State is considering giving a direction under sub-paragraph (6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

(7B) A person appointed under sub-paragraph (7A) must have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c.41).

(7C) The Lord Chancellor may by rules make provision—

(a)   as to the procedure to be followed by the Secretary of State before he gives a direction under sub-paragraph (6) in a case where a person has been appointed under sub-paragraph (7A);

(b)   as to the functions of such a person.

(7D) Rules made under sub-paragraph (7C) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."

    (3)   In the Schedule to the hazardous substances Act, in paragraph 6, after sub-paragraph (7) there are inserted the following sub-paragraphs—

 "(7A) If the Secretary of State is considering giving a direction under sub-paragraph (6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

(7B) A person appointed under sub-paragraph (7A) must have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c.41).

(7C) The Lord Chancellor may by rules make provision—

(a)   as to the procedure to be followed by the Secretary of State before he gives a direction under sub-paragraph (6) in a case where a person has been appointed under sub-paragraph (7A);

(b)   as to the functions of such a person.

(7D) Rules made under sub-paragraph (7C) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.".'.



 
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