Vote Bundle Text (931016-04)

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

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Urgent works relating to Crown land: Scotland

Mr Keith Hill

NC39

To move the following Clause:—

'(1) 'In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9), after section 73A (inserted by section (Crown application of Scottish planning Acts)(2)) there is inserted the following section—

"73B Urgent works relating to Crown land: application

(1) This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies—

(a) that the works are of national importance, and

(b) that it is necessary that the works are carried out as a matter of urgency.

(2) The appropriate authority may, instead of making an application for consent to the planning authority in accordance with this Act, make an application for consent to the Scottish Ministers under this section.

(3) If the appropriate authority proposes to make the application to the Scottish Ministers it must publish in one or more newspapers circulating in the locality of the building a notice—

(a) describing the proposed works, and

(b) stating that the authority proposes to make the application to the Scottish Ministers.

(4) For the purposes of an application under this section the appropriate authority must provide to the Scottish Ministers a statement of the authority's grounds for making the application.

(5) If the appropriate authority makes an application under this section subsections (6) to (10) below apply.

(6) The Scottish Ministers may require the authority to provide them with such further information as they think necessary to enable them to determine the application.

(7) As soon as practicable after they are provided with any document or other matter in pursuance of subsection (4) or (6) the Scottish Ministers must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.

(8) The Scottish Ministers must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection.

(9) The Scottish Ministers must consult—

(a) the planning authority, and

(b) such other persons as may be prescribed,

about the application.

(10) Subsections (4) and (5) of section 11 apply to an application under this section as they apply to an application in respect of which a direction under section 11 has effect.".

(2) In section 57 of that Act (validity of certain matters), in subsection (2) at the end there is added the following paragraph—

"(d) any decision on an application for listed buildings consent under section 73A.".'.

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

Mr Keith Hill

NC40

To move the following Clause:—

'(1) In the Town and Country Planning (Scotland) Act 1997 (c.8), there is inserted after section 265 (local inquiries) the following section—

"265A Planning inquiries to be held in public subject to certain exceptions

(1) This section applies to any inquiry held under section 265(1), paragraph 6 of Schedule 4, paragraph 5 of Schedule 6 or paragraph 8 of Schedule 7.

(2) Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.

(3) If the Secretary of State is, or after consultation with the Secretary of State the Scottish Ministers are, satisfied in the case of any such inquiry—

(a) that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4), and

(b) that the public disclosure of that information would be contrary to the national interest,

he or as the case may be they may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons, or persons of such descriptions, as may be specified in the direction.

(4) The matters referred to in subsection (3)(a) are—

(a) national security, and

(b) the measures taken, or to be taken, to ensure the security of any premises or property.

(5) If the Secretary of State is, or the Scottish Ministers are, considering giving a direction under subsection (3) the Lord Advocate 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 be a person of a category mentioned in paragraph 1(a) or (b) of Schedule 4 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40).

(7) By rules—

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

(b) the Scottish Ministers may make provision as to the procedure to be followed by them before they give such a direction in such a case,

and as to the functions of such a person.

(8) The power to make rules under—

(a) paragraph (a) of subsection (7) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament,

(b) paragraph (b) of that subsection must be exercised by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.".

(2) In Schedule 3 to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (determinination of certain appeals by person appointed by the Scottish Ministers), in paragraph 6, after sub-paragraph (6) there is inserted the following sub-paragraph—

"(7) Subsections (2) to (8) of section 265A of the principal Act apply to an inquiry held under this paragraph as they apply to an inquiry held under section 265 of that Act.".

(3) In the Schedule to the Planning (Hazardous Substances) (Scotland) Act 1997 (determination of certain appeals by person appointed by Scottish Ministers), in paragraph 6, after sub-paragraph (6) there is inserted the following sub-paragraph—

"(7) Subsections (2) to (8) of section 265A of the principal Act apply to an inquiry held under this paragraph as they apply to an inquiry held under section 265 of that Act.".'.

Crown application of Scottish planning Acts

Mr Keith Hill

NC41

To move the following Clause:—

'(1) In Part 12 of the Town and Country Planning (Scotland) Act 1997, before section 242 (preliminary definitions for Part 12) there is inserted the following section—

"241A 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 Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, after section 73 (application of Act to land and works of planning authorities) there is inserted the following section —

"73A Application to the Crown

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

(2) These are the provisions—

(a) section 8,

(b) section 10(3),

(d) section 38(1) and (8),

(e) section 39,

(f) section 49,

(g) section 50,

(h) section 53,

(i) section 77.

(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 8(3)(a) to (d) and the doing of that thing does not contravene section 6.".

(3) In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30 (application of Act to planning authorities) there is inserted the following section—

"30A Application to the Crown

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

(2) The provisions are—

(a) section 6(3),

(b) section 21,

(d) section 34,

(e) section 35(2).".

(4) Schedule (Crown application: Scotland) amends the Scottish planning Acts in relation to the application of those Acts to the Crown.'.

Tree preservation orders affecting land where Forestry Commissioners interested: Scotland

Mr Keith Hill

NC42

To move the following Clause:—

'(1) In the Town and Country Planning (Scotland) Act 1997 (c.8), section 162 (orders affecting land where Forestry Commissioners interested) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (a) leave out "or",

(b) after paragraph (b), insert "or—

(3) In subsection (3), leave out from "in accordance with" to the end and insert—

"(a) in accordance with a plan of operations or other working plan approved by the Forestry Commissioners, and for the time being in force, under a forestry dedication agreement or under the conditions of a grant or loan made under section 1 of the Forestry Act 1979; or

(b) by the Forestry Commissioners on land placed at their disposal.".

(4) After subsection (4)(a)—

(a) leave out "and",

(b) insert the following paragraph—

"(ab) land placed at the disposal of the Forestry Commissioners is land placed at their disposal under the Forestry Act 1967;".'.

Trees in conservation areas in Scotland: acts of Crown

Mr Keith Hill

NC43

To move the following Clause:—

'In the Town and Country Planning (Scotland) Act 1997 (c.8), after section 172(4) (preservation of trees in conservation areas) there are inserted the following subsections—

"(5) An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless—

(a) the first condition is satisfied, and

(b) either the second or third condition is satisfied.

(6) The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the planning authority in whose area the tree is situated.

(7) The second condition is that the act is done with the consent of the authority.

(8) The third condition is that the act is done—

(a) after the end of the period of six weeks starting with the date of the notice, and

(b) before the end of the period of two years starting with that date.".'.