S.C.A.
Amendment Paper as at
Tuesday 21st October 2003
STANDING COMMITTEE A
PLANNING AND COMPULSORY PURCHASE (RE-COMMITTED) BILL
REMAINING NEW CLAUSES
A Clause—(Qualified third party right of appeal)—(Matthew Green)—brought up, and read the first time, as follows:—
NC27
'(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).".'.
Question proposed, That the Clause be read a second time.
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;".' |
Enforcement of planning controls
Mr Edward Davey
Matthew Green
Mr Geoffrey Clifton-Brown
Mr Mark Francois
NC31
To move the following Clause:—
'A local planning authority must exercise its powers so as to ensure compliance with planning controls in its area.'
Regulations to control light pollution
Mr Edward Davey
Matthew Green
NC32
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.".'
Planning permission for increasing the floor area of large shops
Mr Andrew Turner
NC33
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 increase the Floor area of Large Shops
(1) Planning permission is required for works which incrase by more than the specified amount the area of large shops.
(2) Permission given by a local planning authority for such works may be conditional upon all or a proportion of the additional area being devoted to the sale of local produce.
(3) In this section
| (a) | 'large shops' has the same meaning as in the Shops Act 1994; |
| (b) | 'the specified amount' means 25 per cent, or increases which aggregate to 25 per cent, of the area available for retailing for which permission has been granted; |
| (c) | 'local produce' has such meaning as the local planning authority shall determine.".'. |
Compensation for revocation of planning permission etc.
Mr Andrew Turner
NC34
To move the following Clause:—
'(1) Section 107 of the principal Act (Compensation where planning permission revoked or modified) is amended as follows.
(2) After section 107(3)(b) of that Act there is inserted—
| "(c) | any decision where planning permission is revoked or modified where it can also be demonstrated that information provided as part of or by the applicant in support of the application for the planning permission which is the subject of revoction or modification was materially inaccurate.".'. |
