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Amendment Paper as at
Thursday 23rd October 2003



A Clause (Local development plan)—(Mr Geoffrey Clifton-Brown) brought up, and read the first time, as follows:—


To move the following Clause:—

    '(1)   The local planning authority must prepare and maintain a plan to be known as the local development plan ("the plan").

    (2)   The plan must specify—

      (a) the documents which are to be local development plan documents;

      (b) the subject matter and geographical area to which each document is to relate;

      (c) which documents (if any) are to be prepared jointly with one or more other local planning authorities which will be treated the same as if one single authority had prepared it;

      (d) any matter or area in respect of which the authority have agreed (or propose to agree) to the constitution of a joint committee under section 28;

      (e) the timetable for the preparation and revision of the documents;

      (f) such other matters as are prescribed.

    (3)   The local planning authority may withdraw their plan at any time before it is formally adopted.

    (4)   The local planning authority must—

      (a) prepare the plan in accordance with such other requirements as are prescribed;

      (b) submit the plan to the Secretary of State at such time as is prescribed or as the Secretary of State (in a particular case) directs;

      (c) at that time send a copy of the plan to the RPB or (if the authority are a London borough) to the Mayor of London;

      (d) prepare, publish and have regard to a Statement of Community Involvement as negotiated by Section 4 of the Local Government Act 2000 (c22).

    (5)   The Secretary of State may direct the local planning authority to make such amendments to the plan as he thinks appropriate, but only when the Secretary of State and Authority can not agree on any matter.

    (6)   A direction under subsection (5) above must contain the Secretary of State's reasons for giving it.

    (7)   The local planning authority must comply with a direction given under subsection (5).

    (8)   The Secretary of State may make regulations as to the following matters—

      (a) publicity about the plan;

      (b) making the plan available for inspection by the public;

      (c) requirements to be met for the purpose of bringing the plan into effect.

    (9)   The local planning authority must revise their local development plan—

      (a) at such time as they consider appropriate; or

      (b) when directed to do so by the Secretary of State.

    (10)   Subsections (2) to (8) apply to the revision of a plan as they apply to the preparation of the plan.

    (11)   When preparing the local development plan under subsection (1) above, the local planning authority must have regard to—

      (a) national policies and advice contained in guidance issued by the Secretary of State;

      (b) the RSS for the region in which the area of the authority is situated, if the area is outside Greater London;

      (c) the spatial development strategy if the authority in a London borough or if any part of the authority's area adjoins Greater London;

      (d) the RSS for any region which adjoins the area of the authority;

      (e) the Wales Spatial Plan if any part of the authority's area adjoins Wales;

      (f) the community strategy prepared by the authority;

      (g) the community strategy for any other authority whose area comprises any part of the area of the local planning authority;

      (h) any other local development plan which has been adopted by the authority;

      (i) the resources likely to be available for implementing the proposals in the document;

      (j) such other matters as the Secretary of State prescribes.

    (12)   The local planning authority must submit their local development plan to the Secretary of State for independent examination.

    (13)   But the authority must not submit such a document unless—

      (a) they have complied with any relevant requirements contained in regulations under this Part, and

      (b) they are satisfied that the plan is ready for independent examination.

    (14)   The authority must also send to the Secretary of State (in addition to the development plan) such other documents (or copies of documents) and such information as is prescribed.

    (15)   The examination must be carried out by a person ("the independent inspector") appointed by the Secretary of State.

    (16)   The purpose of an independent examination is to determine in respect of the development plan—

      (a) whether it satisfies the requirements in this section; and

      (b) whether it is sound.

    (17)   Any person who makes representations seeking to change a development plan must (if he so requests) be given the opportunity to submit his representation in writing to the independent inspector, who shall decide whether or not that person shall be heard at the examination.

    (18)   The independent inspector must—

      (a) make recommendations; and

      (b) give reasons for such recommendations.

    (19)   The local planning authority must publish recommendations made under subsection (18).

    Question proposed, That the Clause be read a second time.

Development of a Listed Building or structure in a Conservation Area


Mr Andrew Turner [R]


To move the following Clause:—

    '(1)   This section applies where development takes place, without consent, to a relevant structure.

[R] Registered interest declared.

    (2)   In this section—

      (a) "relevant structure" means a building or other structure which is subject to conservation area consent or a listed building;

      (b) "development" means (in the judgement of the local planning authority) destruction or substantial damages;

      (c) "exceptional circumstances" means if an alternative planning application is approved within 6 months;

      (d) "specified period" means a period, not exceeding three years, prescribed by the local planning authority.

    (3)   The local planning authority shall, save in exceptional circumstances, require that the owner restore the relevant structure within a specified period to its state before the development took place.

    (4)   If the requirement in subsection (3) is not met, the local planning authority may make arrangements to do so at the expense of the owner.'.

Chief planning officer


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


To move the following Clause:—

    '(1)   A local planning authority's duties under the Local Government Act 1972 with respect to the appointment of officers shall (without prejudice to the generality of the provisions of that Act) include the duty of appointing a fit person to be the chief planning officer of the authority, whether or not that person is described as chief planning officer.

    (2)   The chief planning officer shall have overall senior management responsibility for the functions set out in section 38.'.

Planning: Retrospective Applications


Mr Andrew Turner


To move the following Clause:—

       'In section 73A (Planning permission for development already carried out) of the principal Act after subsection (2) there is inserted—

      "(2A) An application for planning permission made to a local planning authority under subsection (1) shall be assigned as a restrospective application.

      (2B) In considering a restrospective application the local planning authority shall—

      (a) consider the application as if work on it had not begun;

      (b) have no regard to any financial loss involved to the developers or others should the application not be approved.

      (2C) If planning permission is not granted the local planning authority may require that the site be restored so far as practicable to the state that it was in before development commenced.

      (2D) In determining any appeal from a refusal to grant planning permission in respect of a restrospective application, the Secretary of State shall be bound by subsections (2A) and (2B) above.".'.

Definition of brownfield site


Mr Andrew Turner


To move the following Clause:—

    '(1)   The Secretary of State shall, by regulation, define "brownfield".

    (2)   The definition shall provide that large sites falling within or abutting rural areas shall not be defined as brownfield sites where—

      (a) development is concentrated within a small part of the site, or

      (b) the nature of the development is such that significant agricultural or recreational use may be carried out on this site.'.


Mr Edward Davey
Matthew Green


Clause     5,     page     3,     line     20,     at end insert 'within five years of publication of the previous RSS, or sooner'.


Mr Edward Davey
Matthew Green


Clause     5,     page     3,     line     24,     leave out subsection (2).


Mr Edward Davey
Matthew Green
Mr Geoffrey Clifton-Brown
Mr Mark Francois


Clause     5,     page     3,     line     25,     at end insert—

    '( )   For its area that is part of the RPB's region, the relevant authority, as described under section 4(2), shall assist the RPB in preparing a draft revision of the RSS.'.


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


Clause     5,     page     3,     line     25,     at end insert—

    '(3)   Before preparing a draft revision of the RSS the RPB must set out proposals to ensure appropriate public consultation on the contents of the RSS in accordance with such guidance as is specified by the Secretary of State.'.

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Prepared 23 Oct 2003