|Amendments proposed to the Planning and Compulsory Purchase Bill, As Amended - continued||House of Commons|
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Mr Matthew Green
NC13To move the following Clause:
'. (1) In the Principal Act after section 55 Part III (meaning of development) subsection (2A) there is inserted
(a) the carrying out for the maintenance, improvement or other alteration of any building works which
and are not works for the making good war damage or works begun after December 5 1968 for the alteration of a building by providing additonal space in it underground.".'.
Right to appeal against planning decisions
Mr Matthew Green
NC14To 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
(b) the planning application is one in which the local authority has an interest as defined in section 316,
any persons who have lodged a formal objection to the planning application in writing to the planning authority for the aea in which the land to which the application relates is situted may by notice appeal to the Secretary of State against the approval of planning permission.
(2)Section 79 of the principal Act is amended as follows
Right to appeal against failure to take planning decisions
Mr Matthew Green
NC15To move the following Clause:
'.(1) Section 78 of the principal Act is amended as follows
(2) Section 79 of the principal Act is amended as follows
Railway undertakers: amendment of Town and Country Planning (General Permitted Development) Orders 1995 and 2001
Mr Matthew Green
NC16To move the following Clause:
'(1) Schedule to the Town and Country Planning (General Permitted Development) Order 1995 is amended as follows
(2) The provisions of Schedule 2, Part 24 of that Order (development by Telecommunications Code System Operators) shall apply to railway undertakers.
(3) The provisions of Part 24 (development by Telecommunications Code System Operators) of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2001 shall apply to railway undertakers.
(4) In this section "railway undertakers" means persons authorised by any enactment to carry on a railway undertaking or the lessees of such persons.'.
Prevention of activities required to cease by enforcement notices and stop notices
Mr David Curry
NC17To move the following Clause:
(1) For subsection 178(1) of the principal Act there is substituted the following subsection
"(1) Where any steps required by an enforcement notice to be taken are not taken or activities required by such a notice to cease have not ceased within the period for compliance with the notice, the local planning authority maył
(2) In subsection 178(2) of the principle Act after "taken" there is inserted "or removing objects".
(3) In subsection 178(3) of the principle Act at end there is inserted "or activities required by such a notice to cease".
(4) In subsection 184(6) of the principle Act for "section 187" there is substituted "sections 186A and 187".
(5) In the principle Act the following section is inserted after section 186.
"186A Enforcement of stop notice
(1) Where any activities required by a stop notice to cease have not ceased before the notice takes effect, the local planning authority may
(2) Where a stop notice has been served or a site notice displayed in respect of any breach of planning control
(3) Regulations made under this section may provide that
(4) Regulations under subsection (3) applying section 289 of the Public Health Act 1936 may include adaptations and modifications for the purpose of giving the owner of land to which stop notice relates the right, as against all other persons interested in the land, to comply with the requirements of the stop notice.
(5) Regulations under subsection (3) may also provide for the charging on the land of any expenses recoverable by a local planning authority under subsection (1).
(6) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.".'.
Failure to comply with notice to ensure proper maintenance of Green Belt land
Mr Richard Ottaway
NC18To move the following Clause:
Local Development Plan (No. 2)
Mr David Curry
NC19To move the following Clause:
'(1) The local planning authority must prepare and maintain a plan to be known as their local development plan ("the Plan") which will contain a number of Local Development Documents ("the Documents"), each of which will cover a different subject matter as specified in the plan.
(2) The Plan must specify
(3) When preparing the Plan or the Documents under (1) and (2) above the local planning authority must have regard to
(4) The "Documents" must include inter alia
(5) The local planning authority must
(6) The local planning authority may withdraw the Plan or the Documents at any time before submission to the Secretary of State in accordance with (5)(b).
(7) The Secretary of State may direct the local planning authority to make such amendments to the Plan or the Documents as he thinks appropriate.
(8) A direction under subsection (7) above must contain the Secretary of State's reasons for giving it.
(9) The Secretary of State may make regulations as to the following matters
(10) The local planning authority must revise their local development plan and Documents
(11) Subsections (2) to (10) above apply to the revision of a plan or documents as they apply to the preparation of the Plan or the Documents.
(12) The local planning authority must submit their local development plan and documents in their entirety to the Secretary of State for independent examination at the times and in the manner laid down in subsections (5) and (10).
(13) But the authority must not submit such a plan or document unless
(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 appointed by the Secretary of State to be known as "the Independent Inspector."
(16) The purpose of an independent examination is to determine in respect of the local development plan and documents
(17) Any person who makes representations seeking to change a development Plan or Documents must (if he so requests) be given the opportunity to submit a summary of his representations in writing to the Independent Inspector who may decline to hear either in writing or orally the evidence if he has reason to believe that it is a repetition of evidence which he has already received from another person.
(18) The independent inspector must within three months unless otherwise directed by the Secretary of State
(19) The local planning authority must within one month publish the recommendations made under subsection (18) which must be either confirmed by the Secretary of State or modified and published with reasons within the prescribed period under subsection (9) (c).
(20) The local planning authority must comply with directions given by the Secretary of State under subsections (2), (4), (6), (7), (9), (10), (12), (14), (18) and (19).'.