Planning and Compulsory Purchase (Re-committed) Bill

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Clause 39

Local development orders

Amendments made: No. 4, in

    clause 39, page 21, line 12, leave out 'Complusory' and insert 'Compulsory'.

No. 36, in

    clause 39, page 21, line 25, leave out

    'an order under this subsection'

    and insert 'a development order'.

No. 37, in

    clause 39, page 21, leave out lines 30 to 33.—[Keith Hill.]

Clause 39, as amended, ordered to stand part of the Bill.

Clauses 41 and 42 ordered to stand part of the Bill.

Clause 43

Major infrastructure projects

Amendments made: No. 10, in

    clause 43, page 30, leave out lines 26 to 28.

No. 11, in

    clause 43, page 31, line 33, at end insert—

    '( ) The function of the lead inspector in pursuance of subsection (2)—

    (a) may be exercised from time to time;

    (b) includes making recommendations as to the number of additional inspectors required from time to time.

    ( ) The power of the Secretary of State under subsection (3) to appoint an additional inspector includes power to revoke such an appointment.'.—[Keith Hill.]

Clause 43, as amended, ordered to stand part of the Bill.

Column Number: 424

Clauses 54 and 55 ordered to stand part of the Bill.

Clause 73 ordered to stand part of the Bill.

Clause 74

Basic loss payment

Amendment proposed: No. 46, in

    clause 74, page 49, line 9, leave out from 'to' to end of line 11 and insert

    'a pre-commencement acquisition of an interest in land.

    (3) A pre-commencement acquisition of an interest in land is any of the following—

    (a) acquisition by means of a compulsory purchase order if the order is made or made in draft before the commencement of this section;

    (b) acquisition by means of an order made under section 1 or 3 of the Transport and Works Act 1992 (c.42) (orders relating to certain transport works) if the application for the order was made to the Secretary of State before the commencement of this section;

    (c) acquisition by means of an order under section 1 or 3 of that Act if the order is made in pursuance of section 7 of that Act (orders made without application) and the order is made in draft before the commencement of this section;

    (d) acquisition by means of a power contained in an enactment (including a private or local Act) to acquire compulsorily specified land or a specified interest in land if the Bill providing for the power is introduced into Parliament before the commencement of this section.'.—[Keith Hill.]

Question put, That the amendment be made:—

The Committee divided: Ayes 7, Noes 3.

Division No. 9]

AYES
Betts, Mr. Clive Clark, Paul Francis, Dr. Hywel Green, Matthew
Hill, Keith McDonagh, Siobhain Rooney, Mr. Terry

NOES
Clifton-Brown, Mr. Geoffrey Francois, Mr. Mark
Turner, Mr. Andrew

Question accordingly agreed to.

Clause 74, as amended, ordered to stand part of the Bill.

Clause 75

Occupier's loss payment

Amendment proposed: No. 47, in

    clause 75, page 51, line 9, leave out from 'to' to end of line 11 and insert

    'a pre-commencement acquisition of an interest in land.

    (3) A pre-commencement acquisition of an interest in land is any of the following—

    (a) acquisition by means of a compulsory purchase order if the order is made or made in draft before the commencement of this section;

    (b) acquisition by means of an order made under section 1 or 3 of the Transport and Works Act 1992 (c.42) (orders relating to certain transport works) if the application for the order was made to the Secretary of State before the commencement of this section;

    (c) acquisition by means of an order under section 1 or 3 of that Act if the order is made in pursuance of section 7 of that Act (orders made without application) and the order is made in draft before the commencement of this section;

    (d) acquisition by means of a power contained in an enactment (including a private or local Act) to acquire compulsorily

Column Number: 425

    specified land or a specified interest in land if the Bill providing for the power is introduced into Parliament before the commencement of this section.'—[Keith Hill.]

Question put, That the amendment be made:—

The Committee divided: Ayes 7, Noes 3.

Division No. 10]

AYES
Betts, Mr. Clive Clark, Paul Francis, Dr. Hywel Green, Matthew
Hill, Keith McDonagh, Siobhain Rooney, Mr. Terry

NOES
Clifton-Brown, Mr. Geoffrey Francois, Mr. Mark
Turner, Mr. Andrew

Question accordingly agreed to.

Clause 75, as amended, ordered to stand part of the Bill.

Clause 76 and 77 ordered to stand part of the Bill.

Clause 78

Validity of strategies, plans and documents

Amendments proposed: No. 24, in

    clause 78, page 55, line 9, leave out 'local development' and insert 'development plan'.

No. 25, in

    clause 78, page 56, line 1, leave out 'local development' and insert 'development plan'.

No. 26, in

    clause 78, page 56, line 10, after 'adoption' insert ', publication'.

No. 27, in

    clause 78, page 56, line 17, leave out 'local development' and insert 'development plan'.—[Keith Hill.]

Question put, That the amendments be made:—

The Committee divided: Ayes 7, Noes 3.

Division No. 11]

AYES
Betts, Mr. Clive Clark, Paul Francis, Dr. Hywel Green, Matthew
Hill, Keith McDonagh, Siobhain Rooney, Mr. Terry

NOES
Clifton-Brown, Mr. Geoffrey Francois, Mr. Mark
Turner, Mr. Andrew

Question accordingly agreed to.

Column Number: 426

Clause 78, as amended, ordered to stand part of the Bill.

Schedule 1

Local development orders: procedure

Amendments proposed: No. 42, in

    schedule 1, page 60, line 10, after 'prescribed', insert 'by a development order'.

No. 43, in

    schedule 1, page 60, line 11, leave out 'Regulations under this paragraph' and insert 'A development order'.

No. 44, in

    schedule 1, page 60, line 13, leave out 'an' and insert 'a local development'.

No. 45, in

    schedule 1, page 60, line 18, leave out

    '(e) the matters relating to the order'

    and insert—

    '(3) Regulations under this paragraph may include provision as to the matters relating to a local development order'.—[Keith Hill.]

Question put, That the amendments be made:—

The Committee divided: Ayes 7, Noes 3.

Division No. 12]

AYES
Betts, Mr. Clive Clark, Paul Francis, Dr. Hywel Green, Matthew
Hill, Keith McDonagh, Siobhain Rooney, Mr. Terry

NOES
Clifton-Brown, Mr. Geoffrey Francois, Mr. Mark
Turner, Mr. Andrew

Question accordingly agreed to.

Schedule 1, as amended, agreed to.

Title

Amendment made: No. 238, in

    title, line 2, leave out from 'planning;' to end and insert

    'and the compulsory acquisition of land'.—[Keith Hill.]

Bill, as amended, to be reported.

Committee rose at seven minutes to Eight o'clock.

The following Members attended the Committee
Hurst, Mr. Alan (Chairman)
Betts, Mr.
Clark, Paul
Clifton-Brown, Mr.
Cooper, Yvette
Davey, Mr. Edward
Follett, Barbara
Francis, Dr.
Francois, Mr.
Green, Matthew
Hill, Keith
McDonagh, Siobhain
Rooney, Mr.
Touhig, Mr.
Turner, Mr. Andrew
Whitehead, Dr.

 
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Prepared 23 October 2003