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Clause 48
Duty to respond to consultation
Amendments made: No. 38, in
clause 48, page 36, line 11, leave out from ', order' to the end of line 12.
No. 39, in
clause 48, page 36, leave out lines 13 and 14.
No. 40, in
No. 41, in
clause 48, page 36, leave out line 18.—[Keith Hill.]
Clause 48, as amended, clauses 49 to 53 and clauses 56 to 58 ordered to stand part of the Bill.
Clause 59
Intervention by Assembly
Amendment made: No. 23, in
Column Number: 412
Clause 59, as amended, and clauses 60 to 70 ordered to stand part of the Bill.
Clause 71
Regulations
Amendments made: No. 95, in
No. 96, in
Clause 71, as amended, and clause 72 ordered to stand part of the Bill.
Clause 79
Examinations
Amendment made: No. 28, in
clause 79, page 56, leave out lines 29 and 30.—[Keith Hill.]
Clause 79, as amended, ordered to stand part of the Bill.
Clause 80
Grants for advice and assistance
Amendments made: No. 48, in
No. 49, in
clause 80, page 56, line 39, at end insert—
'(1A) The enactments are enactments which relate to planning contained in the following Acts—
(a) the Planning and Compensation Act 1991;
(b) the Transport and Works Act 1992;
(c) the Environment Act 1995.'.—[Keith Hill.]
Clause 80, as amended, and clause 81 ordered to stand part of the Bill.
Clause 82
Interpretation
Amendment made: No. 330, in
clause 82, page 57, line 29, at end insert—
'(8) The Scottish planning Acts are—
(a) the Town and Country Planning (Scotland) Act 1997 (c.8);
(b) the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9);
(c) the Planning (Hazardous Substances) (Scotland) Act 1997 (c.10); and
(d) the Planning (Consequential Provisions) (Scotland) Act 1997 (c.11).'.—[Keith Hill.]
Clause 82, as amended, and clause 83 ordered to stand part of the Bill.
Column Number: 413
Clause 84
Transitionals
Amendment made: No. 331, in
clause 84, page 58, line 2, at end insert—
'(2) The Scottish Ministers may by order made by statutory instrument, subject to annulment in pursuance of a resolution of the Scottish Parliament, make such transitional provision for Scotland, corresponding to the provisions of Schedule (Transitional provisions: Crown application) and to section 30B of the hazardous substances Act (inserted by section (Crown application of planning Acts)(3)) as they consider necessary or expedient.'—[Keith Hill.]
Clause 84, as amended, and clause 85 ordered to stand part of the Bill.
Clause 86
Commencement
Amendments made: No. 113, in
clause 86, page 58, line 7, leave out 'subsection (3)' and insert 'subsections (3) and (4)'.
No. 114, in
Clause 86, as amended, ordered to stand part of the Bill.
Clause 87
Regulations and orders
Amendments made: No. 332, in
clause 87, page 58, line 37, at end insert 'or 84(2)'
No. 29, in
No. 30, in
Clause 87, as amended, and clause 88 ordered to stand part of the Bill.
Clause 89
Extent
Amendments made: No. 56, in
No. 333, in
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
Column Number: 414
Clause 89, as amended, clause 90 and schedule 2 ordered to stand part of the Bill.
Schedule 3
Amendments of the planning Acts
Amendments made: No. 31, in
schedule 3, page 63, line 25, leave out '61D' and insert '61E'.
No. 32, in
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.''.'.
No. 58, in
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 subparagraph (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.'
No. 50, in
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.''.'.
No. 33, in
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);
Column Number: 415
(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''.'.—[Keith Hill.]
Schedule 3, as amended, agreed to.
Schedule 4
Amendments of other enactments
Amendments made: No. 59, in
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 subparagraph (2), after ''published'' there is inserted '', affixed''.
(3) In subparagraph (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.'
No. 60, in
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 subparagraph (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.
Column Number: 416
(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.'
No. 115, in
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 subcommittees.
(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 subcommittee which is so authorised.
(4) The corporation may—
(a) determine the quorum of a committee or subcommittee;
(b) make such arrangements as it thinks appropriate relating to the meetings and procedure of a committee or subcommittee.
(5) Anything done for the purposes of subparagraph (4) is subject to directions given by the Secretary of State.
(6) The validity of anything done by a committee or subcommittee 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 subcommittees 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 subcommittee 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 subcommittee—
(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.'''.
No. 61, in
schedule 4, page 69, line 31, leave out from beginning to 'is' in line 32 and insert 'The Highways Act 1980'.
No. 62, in
'schedule 4, page 69, line 33, leave out 'subsection' and insert 'section 232'.
Column Number: 417
No. 63, in
schedule 4, page 69, line 35, leave out 'subsection' and insert 'section 232'.
No. 64, in
schedule 4, page 69, line 41, at end insert—
' (4) Section 259 (power to confirm, etc, compulsory purchase order in part) is omitted.
(5) The amendment made by subparagraph (4) does not apply to a compulsory purchase order 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 the commencement of that subparagraph.'
No. 65, in
schedule 4, page 69, line 41, at end insert—
'Acquisition of Land Act 1981 (c.67)
In section 29(5) of the Acquisition of Land Act 1981 for the words '' any reference to any owner, lessee or occupier'' there are substituted the words ''the reference to a qualifying person for the purposes of section 12(2)''.
No. 66, in
schedule 4, page 70, line 1, at beginning insert—
'Housing Act 1985 (c.68)
(1) In section 578A of the Housing Act 1985 (modification of compulsory purchase order in case of acquisition of land for clearance), in subsection (2), for ''section 13'' there is substituted ''sections 13 to 13C''.
(2) The amendment made by subparagraph (1) does 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.
'Education Reform Act 1988 (c.40)
(1) The Education Reform Act 1988 is amended as follows.
(2) In section 190 (wrongful contracts or disposals), in subsection (6) for the words from ''references'' to the end there is substituted ''the reference in section 12 of that Act to an owner of the land included reference to the London Residuary Body''.
(3) In section 201 (wrongful disposals), in subsection (6), for the words from ''references'' to the end there is substituted ''the reference in section 12 of that Act to an owner of the land included reference to the local education authority concerned''.
(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.
Housing Act 1988 (c.50)
(1) Paragraph 2 of Schedule 10 to the Housing Act 1988 (modifications of Acquisition of Land Act 1981) is omitted.
(2) The amendment made by subparagraph (1) does 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.'
No. 67, in
schedule 4, page 70, line 6, at end insert—
'Leasehold Reform, Housing and Urban Development Act 1993 (c.28)
(1) Schedule 20 to the Leasehold Reform, Housing and Urban Development Act 1993 (modification of Acquisition of Land Act 1981) is amended as follows.
(2) In paragraph 1, for ''modifications specified in paragraphs 2 and'' there is substituted ''modification specified in paragraph''.
(3) Paragraph 2 is omitted.
(4) 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.'
Column Number: 418
No. 51, in
No. 52, in
schedule 4, page 70, line 10, at end insert—
'(3) In Schedule 14 (periodic review of mineral planning permissions) in paragraph 2(1), in the definition of ''first review date'', for ''paragraph 5'' there is substituted ''paragraphs 3A and 5''.
(4) In Schedule 14 after paragraph 3 there is inserted the following paragraph—
''3A (1) The Secretary of State may by order specify a first review date different from the first review date found in pursuance of paragraph 3(1) or (2).
(2) Subparagraph (3) applies if no first review date is found in pursuance of paragraph 3(1) or (2).
(3) The Secretary of State may by order specify a first review date.
(4) An order under subparagraph (3) may make different provision for different cases or different classes of case.
(5) An order under this paragraph must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.''.'.
No. 68, in
schedule 4, page 70, line 10, at end insert—
'Regional Development Agencies Act 1998 (c.45)
(1) Paragraph 1 of Schedule 5 to the Regional Development Agencies Act 1998 (modifications of Acquisition of Land Act 1981) is omitted.
(2) The amendment made by subparagraph (1) does not apply to compulsory purchase orders of which notice has been published under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 before commencement of this paragraph.'
No. 334, in
schedule 4, page 70, line 10, at end insert—
'Town and Country Planning (Scotland) Act 1997
In section 275 of the Town and Country Planning (Scotland) Act 1997 (regulations and orders), after subsection (2) there is inserted—
''(2A) Regulations may make different provision for different purposes.''.'.
No. 97, in
schedule 4, page 70, line 12, leave out from beginning to '(Mayor' and insert—
'(1) The Greater London Authority Act 1999 is amended as follows.
(2) In section 337 (publication)—
(a) for ''relevant regional planning guidance'' there is substituted ''the regional spatial strategy for a region which adjoins Greater London'';
(b) subsection (10) is omitted.
(3) In section 342(1) (matters to which Mayor is to have regard) for paragraph (a) there is substituted the following—
''(a) the regional spatial strategy for a region which adjoins Greater London;''
(4) In section 346(b)'.—[Keith Hill.]
Schedule 4, as amended, agreed to.
Column Number: 419
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