House of Commons portcullis
House of Commons
Session 2003 - 04
Internet Publications
Other Bills before Parliament


 

(  18  )

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—


 

(  19  )

 
 

           

“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


 

(  20  )

 
 

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


 

(  21  )

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


 

(  22  )


 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 30 March 2004