Vote Bundle Text (931016-07)

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

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REMAINING NEW CLAUSES

Planning permission for high hedges

Mr Andrew Turner

NC1

To move the following Clause:—

'After section 57 (Planning permission required for development) of the principal Act there is inserted the following section—

''57A Planning permission for high hedges.

(1) Planning permission is required for high hedges.

(2) In this section 'high hedge' means so much of a barrier to light for, or access to, residential property as—

(a) is formed wholly or predominately by a line of two or more evergreens.

(b) rises to a height of more than two metres above ground level.

(3) In this section 'evergreen' means an evergreen tree or shrub or a semi-evergreen tree or shrub.

(4) The provisions of this section shall not apply to any high hedge existing on the date on which it comes into force.".'.

Planning permission for subdivision of agricultural holdings for purpose of sale

Mr Andrew Turner

NC2

To move the following Clause:—

'After section 57 of the principal Act (planning permission required for development) there is inserted the following section—

"57A Planning permission for subdivision of agricultural holdings for purposes of sale

(1) Planning permission is required for—

(a) the subdivision of an agricultural holding for the purpose of sale; and

(b) the sale of an agricultural holding which has been subdivided since the appointed date other than for the purpose of sale.

(2) In this section—

(a) 'subdivision' means land divided into one or more units of less than one hectare, and 'subdivided' shall be interpreted accordingly;

(b) 'agricultural holding' has the same meaning as in the Agricultural Holdings Act 1986; and

Planning permission in areas of high environmental value

Mr Andrew Turner

NC3

To move the following Clause:—

'After section 57 of the principal Act (planning permission required for development) there is inserted the following section—

"57A Planning permission in areas of high environmental value

(1) Notwithstanding the provisions of section 55(b) and (c) of the principal Act, planning permission is required in areas of high environmental value for road signs and street furniture (including street lighting).

(2) In this section 'areas of high environmental value' means—

(a) National Parks, as defined in the National Parks and Access to the Countryside Act 1949;

(b) Areas of Outstanding Natural Beauty, as defined in the Countryside and Rights of Way Act 2000;

(d) Heritage Coasts;

(e) Conservation Areas, as defined in the Planning (Listed Buildings and Conservation Areas) Act 1990; and

(f) Places of such other types as the Secretary of State may by Order designate for the purposes of this section.

(3) In this section 'Heritage Coast' is any part of the coastline of England and Wales that has been so designated by agreement between the local authority and the Countryside Agency or the Countryside Council for Wales (Cyngor Cefn Gwlad Cymru).".'.

Revocation of planning permission

Mr Andrew Turner

NC22

To move the following Clause:—

'. In the principal Act there shall be inserted—

"Revocation of planning permission

75A. Where planning permission is granted for any development and—

(a) there has been a material inaccuracy in the information provided in the application for that permission; or

(b) there is evidence that the applicant has sought deliberately to mislead the planning authority;

the planning authority may revoke the grant of planning permission.".'.

Pre-application consultation

Mr Edward Davey
Matthew Green

NC26

To move the following Clause:—

'(1) Before an application can be made for planning permission and—

(a) the planning application falls within the definition of "major applications", as defined by a person appointed by the Secretary of State for that purpose;

(b) the planning application will be accompanied by an Environmental Impact Assessment;

(c) the planning application falls within other categories as set out by the Secretary of State in regulations, the applicant must consult on the proposed application.

(2) The Secretary of State may by regulations make provisions for the extent and methods of consultation to be followed by the applicant.

(3) Any costs of carrying out the application will be met by the applicant'.

Qualified third party right of appeal

Mr Edward Davey
Matthew Green

NC27

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;

(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 Assessment;

(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 by 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 appointd 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 "plannning 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(2B).".'

Development control

Mr Edward Davey
Matthew Green

NC28

To move the following Clause:—

'(1) In the Principle Act after section 44 Part III (meaning of development) subsection (2A) there is inserted—

"(2) The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—

(a) the carrying out for the maintenance, improvement or other alteration of any building works which—

(i) affect only the interior of the building, or

(ii) do not materially affect the external appearance of the building

(iii) do not materially increase the overall retail sales floor area of the building by more than 10%

and are not works for the making good war damage or works begun after 5 December 1968 for the alteration of a building by providing additional space in its underground.".'

Strategic environmental assessment

Mr Edward Davey
Matthew Green

NC29

To move the following Clause:—

'All plans must be subject to a Strategic Environmental Assessment.'

Access for disabled people

Mr Edward Davey
Matthew Green

NC30

To move the following Clause:—

'(1) In the principal Act for section 76 (Duty to draw attention to certain provisions for benefit of disabled) there is substituted the following section—

"76 Access Statements

(1) Any application for planning permission shall not be entertained by the local planning authority, or as the case may be, by the Secretary of State unless it is accompanied by an access statement.

(2) An 'access statement' is a statement which demonstrates that the applicant has fully considered the access requirements of disabled people in relation to the whole development and has described how they intend to meet them.

(3) An access statement shall, in particular, demonstrate that the proposed development complies with relevant statutory duties, relevant access standards and any policies on inclusive design included in the local planning authority's development plan.

(4) Relevant statutory duties include—

(a) the duties of persons providing buildings to which the public are to be admitted, under sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970 to make provision for members of the public who are disabled;

(b) the duties of persons providing universities, schools, offices and other premises, under sections 7, 8 and 8A of that Act, to make provision for people who are disabled;

(c) the duties of employers and trade organisations, under sections 6 and 15 of the Disability Discrimination Act 1995 and under any code of practice issued by the Disability Rights Commission under section 53A of that Act, to make adjustments to premises; and

(d) the duties of service providers, under secton 21 of that Act and under any code of practice issued by the Disability Rights Commission under section 53A of that Act, to make adjustments to premises

(e) the duties of education providers, under secton 28T of the Disability Discrimination Act 1995 and under any code of practice issued by the Disability Rights Commission under section 53A of that Act;

(3) Relevant access standards include—

(a) British Standard 8300 "Designing buildings and their approaches to meet the needs of disabled people" or any document replacing it; and

(b) in the case of developments related to new housing, the Lifetime Homes standard."

(2) In the principal Act, after section 76 there is inserted the following section—

"76A. Duty to have special regard to needs of disabled people

(1) In dealing with an application to which this section applies the local planning authority, or as the case may be, the Secretary of State shall have special regard to the needs of disabled people and in particular the duties and standards mentioned in section 76.

(2) This section applies to—

(a) an application under sections 62 or 73 for planning permission;

(b) an application under section 92 for the approval of reserved matters; and

(c) an application for the approval of details required under a condition of a grant of planning permission (including a permission granted by a development order).

(3) In this section, the terms "disabled" and "disabled people" shall be construed in accordance with section 1 of the Disability Discrimination Act 1995."

(3) In the Listed Buildings Act 1990—

(a) in section 16 (decision on application), after subsection (2) there is inserted the following subsection—

"(2A) In considering whether to grant listed building consent for any works or to approve details under a condition of a listed building consent, the local planning authority or the Secretary of State shall also have special regard to the needs of disabled people."

(b) in section 91(2) (interpretation), before "development plan", there is inserted "disabled people,".

(4) In the Ancient Monuments and Archaeological Areas Act 1979—

(a) in section 2 (control of works affecting scheduled monuments), after subsection (3) there is inserted the following subsection—

"(3A) In considering whether to grant scheduled monument consent for any works or to approve details under a condition of such a consent, the Secretary of State shall have special regard to the needs of disabled people."

(b) in section 61(1) (interpretation), before "designation order" there is inserted—

""disabled people" has the same meaning as in the Disability Discrimination Act 1995;".'