Amendments proposed to the Planning and Compulsory Purchase (Re-committed) Bill - continued House of Commons

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Mr Keith Hill

29

Clause     87,     page     58,     line     38,     leave out 'which does not include provision under subsection (3)(b) above' and insert 'to which subsection (6) applies'.

   

Mr Keith Hill

30

Clause     87,     page     58,     line     40,     at end insert—

    '(6)   This subsection applies to an order which does not contain provision amending or repealing an enactment contained in an Act.'.


   

Mr Keith Hill

56

Clause     89,     page     59,     line     10,     at beginning insert—

    '(1)   Except as otherwise provided in this section,'.

   

Mr Keith Hill

333

Clause     89,     page     59,     line     10,     at end insert—

    '(2)   Sections 84(2) and 85, this section, section 90 and Schedules 4 and 6 extend also to Scotland.

    (3)   Sections (Enforcement in relation to Crown land: Scotland), (Urgent development: Scotland), (Urgent works relating to Crown land: Scotland), (Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland),(Crown application of Scottish Planning Acts), (Tree preservation orders affecting land where Forestry Commissioners interested: Scotland), (Trees in conservation areas in Scotland: acts of the Crown), (and 82(8) and Schedule (Crown application: Scotland) extend to Scotland only.

    (4)   The extent of any amendment, repeal or revocation made by this Act is the same as that of the enactment amended, repealed or revoked.'.


   

Mr Geoffrey Clifton-Brown
Mr Andrew Turner
Mr Mark Francois
Sir Sydney Chapman

215

Schedule     2,     page     61,     line     35,     at end insert—

    '( )   section 76A and 76B of the principal Act (major infrastructure projects).'.

   

Mr Geoffrey Clifton-Brown
Mr Andrew Turner
Mr Mark Francois
Sir Sydney Chapman

216

Schedule     2,     page     62,     line     9,     leave out paragraph 3.


   

Mr Keith Hill
Mr Geoffrey Clifton-Brown
Mr Mark Francois

31

Schedule     3,     page     63,     line     25,     leave out '61D' and insert '61E'.

   

Mr Geoffrey Clifton-Brown
Mr Andrew Turner
Mr Mark Francois
Sir Sydney Chapman

206

Schedule     3,     page     63,     line     37,     leave out subsection (4).

   

Mr Edward Davey
Matthew Green

190

Schedule     3,     page     64,     line     21,     at end insert—

       '3A Section 82 (Simplified planning zones) is omitted.

       '3B Section 83 (Making of simplified planning zone schemes) is omitted.

       '3C Section 84 (Simplified planning zone schemes: conditions and limitations on planning permission) is omitted.

       '3D Section 85 (Duration of simplified planning zone scheme) is omitted.

       '3E Section 86 (Alteration of simplified planning zone scheme) is omitted.

       '3F Section 87 (Exclusion of certain descriptions of land or development) is omitted'.

   

Mr Edward Davey
Matthew Green

192

Schedule     3,     page     64,     line     22,     leave out paragraph 4'.

   

Mr Keith Hill

32

Schedule     3,     page     64,     line     22,     at end insert—

 '4A In section 108 (compensation for refusal of planning permission formerly granted by development order) after subsection (3) there is inserted the following subsection—

    "(3A)   This section does not apply if—

(a) development authorised by planning permission granted by a development order or local development order is started before the permission is withdrawn, and

(b) the order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.".'.

   

Mr Keith Hill

58

Schedule     3,     page     64,     line     22,     at end insert—

 '(1) In section 245 (modification of incorporated enactments), subsections (2) and (3) are omitted.

(2) The amendments made by sub-paragraph (1) do not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before commencement of this paragraph.'

   

Mr Keith Hill

50

Schedule     3,     page     67,     line     1,     leave out from beginning to end of line 3 and insert—

 '(1) Section 333 (provision about regulations and orders) is amended as follows.

(2) After subsection (2) there is inserted the following subsection—

    "(2A)   Regulations may make different provision for different purposes.".'.

   

Mr Keith Hill

33

Schedule     3,     page     67,     line     15,     at end insert—

'14A (1)   Schedule 13 (blighted land) is amended as follows.

(2)  Paragraphs 1 to 4 are omitted.

(3)  The following paragraph is inserted as paragraph 1A—

 "1A Land which is identified for the purposes of relevant public functions by a development plan document for the area in which the land is situated.

Notes 

(1) Relevant public functions are—

(a)   the functions of a government department, local authority, National Park authority or statutory undertakers;

(b)   the establishment or running by a public telecommunications operator of a telecommunication system.

(2) For the purposes of this paragraph a development plan document is—

(a)   a development plan document which is adopted or approved for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2003 (in this paragraph, the 2003 Act);

(b)   a revision of such a document in pursuance of section 25 of the 2003 Act which is adopted or approved for the purposes of Part 2 of the 2003 Act;

(c)   a development plan document which has been submitted to the Secretary of State for independent examination under section 19(1) of the 2003 Act;

(d)   a revision of a development plan document in pursuance of section 25 of the 2003 Act if the document has been submitted to the Secretary of State for independent examination under section 19(1) of that Act.

(3) But Note (2)(c) and (d) does not apply if the document is withdrawn under section 21 of the 2003 Act at any time after it has been submitted for independent examination.

(4) In Note (2)(c) and (d) the submission of a development plan document to the Secretary of State for independent examination is to be taken to include the holding of an independent examination by the Secretary of State under section 20 or section 26 of the 2003 Act."

(4) In paragraph 5 for "any such functions as are mentioned in paragraph 1(a)(i) or (ii)" there is substituted "relevant public functions (within the meaning of paragraph 1A)".

(5) In paragraph 6 for "any such functions as are mentioned in paragraph 5" there is substituted "relevant public functions (within the meaning of paragraph 1A)".

(6) In paragraph 13, for "paragraphs 1, 2, 3 and 4" there is substituted "paragraph 1A".'.

   

Mr Edward Davey
Matthew Green

191

Schedule     3,     page     67,     line     15,     at end insert—

       '15 Schedule 7 (simplified planning zones) is omitted.'.


   

Mr Keith Hill

59

Schedule     4,     page     68,     line     37,     at end insert—

'Countryside Act 1968 (c. 41)

 (1) Paragraph 3 of Schedule 2 to the Countryside Act 1968 is amended as follows.

(2) In sub-paragraph (2), after "published" there is inserted ", affixed".

(3) In sub-paragraph (4)(a), after "published" there is inserted ", affixed".

(3) The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 is published before commencement of this paragraph.'

   

Mr Keith Hill

60

Schedule     4,     page     69,     line     29,     at end insert—

'Welsh Development Agency Act 1975 (c. 70)

 (1) Schedule 4 to the Welsh Development Agency Act 1975 is amended as follows.

(2) Paragraph 2 is omitted.

(3) In paragraph 3, in sub-paragraph (1)(c), for "section 13 of that Act to objections made by an owner, lessee or occupier" there is substituted "sections 13 and 13A of that Act to relevant objections".

(4) The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 is published before commencement of this paragraph.

Local Government, Planning and Land Act 1980 (c. 65)

 (1) The Local Government, Planning and Land Act 1980 is amended as follows.

(2) In section 142 (acquisition by corporation), in subsection (2A), "(subject to section 144(2))" is omitted.

(3) In section 143 (acquisition by local highway authority), in subsection (3A), "(subject to section 144(2))" is omitted.

(4) In section 144, in subsection (2), "the 1981 Act and" is omitted.

(5) In Schedule 28, in paragraph 1, "The 1981 Act and" and the words from "and in paragraph 2" to the end are omitted.

(6) The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before commencement of this paragraph.'

   

Mr Keith Hill

115

Schedule     4,     page     69,     line     29,     at end insert—

    'Local Government, Planning and Land Act 1980 (c. 65)    7A   In Schedule 26 to the Local Government, Planning and Land Act 1980 (Urban Development Corporations), after paragraph 14 there are inserted the following paragraphs—

       "Delegation of planning functions

14A (1) This paragraph applies in relation to any function conferred on the corporation by virtue of an order under section 149 above.

(2) The corporation may appoint committees and such committees may appoint sub-committees.

(3) Anything which is authorised or required to be done by the corporation—

(a) may be done by any member of the corporation or of its staff who is authorised for the purpose either generally or specifically;

(b) may be done by a committee or sub-committee which is so authorised.

(4) The corporation may—

(a) determine the quorum of a committee or sub-committee;

(b) make such arrangements as it thinks appropriate relating to the meetings and procedure of a committee or sub-committee.

(5) Anything done for the purposes of sub-paragraph (4) is subject to directions given by the Secretary of State.

(6) The validity of anything done by a committee or sub-committee is not affected by—

(a) any vacancy among its members;

(b) any defect in the appointment of any of its members.

(7) This paragraph does not extend to Scotland.

14B (1) This paragraph has effect in relation to the membership of committees and sub-committees appointed under paragraph 14A.

(2) A committee may consist of—

(a) such members of the corporation as it appoints;

(b) such other persons as the corporation (with the consent of the Secretary of State) appoints.

(3) A sub-committee of a committee may consist of—

(a) such members of the committee as it appoints;

(b) such persons who are members of another committee of the corporation (whether or not they are members of the corporation) as the committee appoints;

(c) such other persons as the corporation (with the consent of the Secretary of State) appoints.

(4) The membership of a committee or sub-committee—

(a) must always include at least one person who is a member of the corporation;

(b) must not include any person who is a member of the staff of the corporation."'.

 
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