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House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

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119
Page 100, line 15, at end insert—

“(8A)
A statutory instrument containing an order under section 117(2B), if it

includes provision amending or repealing an enactment contained in an

Act, must not be made unless a draft of the instrument has been laid before

and approved by resolution of the Scottish Parliament.

(8B)
In subsection (3), “enactment” includes an enactment comprised in, or in an

instrument made under, an Act of the Scottish Parliament and in

subsections (8) and (8A), “Act” includes such an Act and “enactment”

includes an enactment comprised in such an Act.”
Clause 120
120
Page 100, line 28, leave out from “sections” to “extend” and insert “108(1), 114(2),

116 to 118, this section and section 121”
121
Page 100, line 30, leave out “, 115(2) and Schedule 5” and insert “and 115(2)”
Schedule 1
122
Page 101, line 12, at end insert “, revocation”
Schedule 3
123
Page 110, line 12, leave out from “After” to “Applications” in line 14 and insert

“section 31 of the hazardous substances Act (exercise of powers in relation to

Crown land) there is inserted the following section—

“31A”
Schedule 5
124
Page 121, line 2, at end insert “(including any enactment comprised in, or in an

instrument made under, an Act of the Scottish Parliament)”
125
Page 121, line 19, at end insert “(including any enactment comprised in, or in an

instrument made under, an Act of the Scottish Parliament)”
126
Page 121, line 31, at end insert “(including any enactment comprised in, or in an

instrument made under, an Act of the Scottish Parliament)”
Schedule 6
127
Page 125, line 14, at end insert—


“In section 55(2)(b) (meaning of development) the word “local” is

omitted.”
128
Page 126, line 11, leave out paragraph 3
129
Page 126, line 14, at end insert—


“Section 76 (Duty to draw attention to certain provisions for benefit of

disabled) is omitted.”
130
Page 126, line 14, at end insert—

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“Sections 82 to 87 (simplified planning zones) are omitted and Schedule

7 (simplified planning zones) is omitted.”
131
Page 126, line 15, leave out paragraph 4
132
Page 129, line 25, leave out sub-paragraph (4) and insert—

“( )
For paragraph 7 there is substituted the following paragraph—

“7    (1)
A local planning authority must not determine an application

for planning permission to which the consultation

requirements apply unless it complies with sub-paragraph (7).

      (2)
The consultation requirements are—

(a)
consultation with the RPB for the region in which the

authority’s area is situated if the development is one to

which sub-paragraph (3) applies;

(b)
consultation by a district planning authority with the

county planning authority for their area if the

development is one to which sub-paragraph (4) applies

      (3)
This sub-paragraph applies to—

(a)
a development which would by reason of its scale or

nature or the location of the land be of major

importance for the implementation of the RSS or a

relevant regional policy, or

(b)
a development of a description in relation to which the

RPB has given notice in writing to the local planning

authority that it wishes to be consulted.

      (4)
This sub-paragraph applies to—

(a)
a development which would materially conflict with or

prejudice the implementation of a relevant county

policy,

(b)
a development in an area in relation to which the

county planning authority have given notice in writing

to the district planning authority that development is

likely to affect or be affected by the winning and

working of minerals, other than coal,

(c)
a development of land in respect of which the county

planning authority have given notice in writing to the

district planning authority that they propose to carry

out development,

(d)
a development which would prejudice a proposed

development mentioned in paragraph (c) in respect of

which notice has been given as so mentioned,

(e)
a development of land in relation to which the county

planning authority have given notice in writing to the

district planning authority that it is proposed to use the

land for waste disposal, or

(f)
a development which would prejudice a proposed use

mentioned in paragraph (e) in respect of which notice

has been given as so mentioned.

      (5)
The consultation requirements do not apply—

(a)
in respect of a development to which sub-paragraph

(3) applies if the RPB gives a direction authorising the

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determination of the application without compliance

with the requirements;

(b)
in respect of a development to which sub-paragraph

(4) applies if the county planning authority gives a

direction authorising the determination of the

application without compliance with the

requirements.

      (6)
A direction under sub-paragraph (5) may be given in respect

of a particular application or a description of application.

      (7)
If the consultation requirements apply the local planning

authority—

(a)
must give notice to the RPB or county planning

authority (as the case may be) (the consulted body) that

they propose to consider the application,

(b)
must send a copy of the application to the consulted

body, and

(c)
must not determine the application until the end of

such period as is prescribed by development order

beginning with the date of the giving of notice under

paragraph (a).

      (8)
Sub-paragraph (7)(c) does not apply if before the end of the

period mentioned in that sub-paragraph—

(a)
the local planning authority have received

representations concerning the application from the

consulted body, or

(b)
the consulted body gives notice that it does not intend

to make representations.

      (9)
A relevant regional policy is—

(a)
a policy contained in a draft revision of the RSS which

has been submitted to the Secretary of State in

pursuance of section 5(6) of the 2004 Act, or

(b)
a policy contained in a structure plan which has effect

by virtue of paragraph 1 of Schedule 8 to the 2004 Act.

     (10)
A relevant county policy is—

(a)
a policy contained in a local development document

which has been prepared in accordance with a

minerals and waste scheme and submitted to the

Secretary of State in pursuance of section 19(1) of the

2004 Act or adopted by the county planning authority

in pursuance of section 22 of that Act, or

(b)
a policy contained in a structure plan which has effect

by virtue of paragraph 1 of Schedule 8 to the 2004 Act.

     (11)
RPB and RSS must be construed in accordance with Part 1 of

the 2004 Act.

     (12)
The 2004 Act is the Planning and Compulsory Purchase Act

2004.””
133
Page 131, line 27, leave out paragraph 27
Schedule 7

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134
Page 137, line 5, at end insert—

“     ( )
In section 26(2)(b) (meaning of “development”), for “local roads

authority” there is substituted “roads authority (as defined by section

151(1) of the Roads (Scotland) Act 1984).””
Schedule 8
135
Page 143, line 21, at end insert—


“The Secretary of State may by regulations make provision—

(a)
for treating anything done or purported to have been done for

the purposes of Part 2 before the commencement of that Part as

having been done after that commencement;

(b)
for disregarding any requirement of section 18 in respect of

anything done or purported to have been done for the purposes

of any other provision of Part 2.”
Schedule 9
136
Page 144, line 20, column 2, at end insert—

“In section 55(2)(b) the word “local”.”

137
Page 144, leave out lines 21 and 22
138
Page 144, line 23,

“Section 76.”

139
Page 144, leave out line 24
140
Page 144, leave out line 25
141
Page 145, line 4, leave out “, 4(2) and 7”
142
Page 145, line 14, column 2,

“In section 92(2)(a), “83, 84,”

143
Page 145, leave out lines 15 and 16

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