| Greater London Authority Bill, As Amended - continued | House of Commons |
| back to previous text | |
|
Planning: access to agenda and connected reports Mrs Caroline Spelman
NC10 To move the following Clause:— ‘(1) Copies of the agenda for a planning meeting and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the Mayor of London in accordance with subsection (3) below. (2) If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during which, in his opinion, the meeting is likely not to be open to the public. (3) Any document which is required by subsection (1) above to be open to inspection shall be so open at least five clear days before the meeting, except that— (a) where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and (b) where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report of the meeting relating to the item, shall be open to inspection from the time the item is added to the agenda; but nothing in this subsection requires copies of any agenda, item or report to be open to inspection by the public until copies are available to the Mayor of London. (4) An item of business may not be considered at a planning meeting unless either— (a) a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least five clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or (b) by reason of special circumstances, which shall be specified in the minutes, the Mayor of London is of the opinion that the item should be considered at the meeting as a matter of urgency. (5) Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above— (a) every copy of the report or of the part shall be marked “Not for publication”; and (b) there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 12A to the Local Government Act 1972, of the exempt information by virtue of which the council are likely to exclude the public during the item to which the report relates. (6) Where a planning meeting is required by section [Planning: access to information etc.] to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting. (7) There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper— (a) a copy of the agenda for a meeting of a principal council and, subject to subsection (8) below, a copy of each of the reports for the meeting; (b) such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and (c) if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item. (8) Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.’. Planning: inspection of minutes and other documents after planning meetings Mrs Caroline Spelman
NC11 To move the following Clause:— ‘(1) After a planning meeting the following documents shall be open to inspection by members of the public at the offices of the Mayor of London until the expiration of the period of six years beginning with the date of the meeting— (a) the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of proceedings during which the meeting was not open to the public as discloses exempt information; (b) where applicable, a summary under subsection (2) below; (c) a copy of the agenda for the meeting; and (d) a copy of so much of any report for the meeting as relates to any item during which the meeting was open to the public. (2) Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) above does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer shall make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.’. Planning: inspection of background papers Mrs Caroline Spelman
NC12 To move the following Clause:— ‘(1) Subject, in the case of section [Planning: inspection of minutes and other documents after planning meetings] (1), to subsection (2) below, if and so long as copies of the whole or part of a report for a planning meeting are required by section [Planning: access to agenda and connected reports] (1) or [Planning: inspection of minutes and other documents after planning meetings] (1) to be open to inspection by members of the public— (a) those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and (b) at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the Mayor of London. (2) Subsection (1) above does not require a copy of any document included in the list to be open to inspection after the expiration of the period of four years beginning with the date of the meeting. (3) Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy. (4) Nothing in this section— (a) requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or (b) without prejudice to the generality of section [Planning: access to information etc.], requires or authorises the inclusion in the list of any document which, if open to inspection by the public, would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection. (5) For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which— (a) disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and (b) have, in his opinion, been relied on to a material extent in preparing the report, but do not include any published works.’. Pedicabs Mr Mark Field NC13 To move the following Clause:— ‘(1) Subsections (2) to (5) shall have effect in Greater London. (2) In determining, for the purposes of enactments mentioned in subsection (3), who was the owner of a pedicab at any time, it shall be presumed, if the pedicab were licensed, that the owner was the person in whose name the pedicab was licensed at that time. (3) Those enactments are— (a) Part II of the Road Traffic Act 1991 (c.40) (traffic in London); (b) Part II of and Schedule 1 to the London Authorities Act 1996 (c.ix) (bus lanes); (c) regulations made under section 144 of the Transport Act 2000 (c.38) (civil penalties for bus lane contraventions); (d) sections 4 to 7 of the London Local Authorities and Transport for London Act 2003 (c.iii) (road traffic and highways); (e) regulations under section 72 of the Traffic Management Act 2004 (c.18) (civil penalties for road traffic contraventions); (f) any other enactment whether passed before or after this Act which provides for the service of penalty charge notices or notices to owner on the owner of a vehicle. (4) For the purposes of the enactments mentioned in subsection (3) above, a pedicab business is not to be treated as a vehicle-hire firm. (5) An authority responsible for the licensing of pedicabs shall, on request, make available to a traffic authority the name and address of the person in whose name a particular pedicab is licensed. (6) In section 15(12) of the Greater London Council (General Powers Act 1974 (c.xxiv) (parking on footways, grass verges, etc.)), in the definition of “vehicles”, after “means” insert “a pedicab (withing the meaning given by section (Pedicabs) of the Greater London Authority Act 2007), or”. (7) The London Local Authorities and Transport for London Act 2003 is amended as follows— (a) in section 4(5) (penalty charges for road traffic contraventions), for the words “motor vehicle” there is substituted “vehicle”; (b) in section 4(16), the definition of “motor vehicle” is omitted and the following definition is inserted at the end— “ “vehicle” means a mechanically propelled vehicle intended or adapted for use on roads and a pedicab within the meaning given by section (Pedicabs) of the Greater London Authority Act 2007.”. (8) In this section— “licensed” means licensed under section 6 of the Metropolitan Public Carriage Act 1869 (c.115) or any other enactment specified in regulations; “pedicab” means a cycle constructed or adapted— (a) to seat one or more passengers; and (b) for the purpose of being made available with a driver in the course of a business for the purpose of carrying passengers; “pedicab business” means a business which consists, in whole or in part, of— (c) the ownership of pedicabs; (d) the letting out of pedicabs to riders for use as a pedicab; or (e) taking bookings for the use of pedicabs by passengers.’. Determination of applications for planning permission Mrs Caroline Spelman
NC16 To move the following Clause:— ‘(1) Section 70 of TCPA 1990 (determination of applications: general considerations) is amended as follows. (2) After subsection (2) insert— “(2A) In respect of applications which are to be determined by the Mayor of London in accordance with a direction under section 2A of this Act, the Secretary of State may by regulations made provision about— (a) how the Mayor should take into consideration those aspects of the application which are not relevant to the spatial development strategy but are relevant to other development plans; (b) how the Mayor should deal with cases which require him to have regard to the spatial development strategy and another development plan, but where there are conflicts between the two.”.’. Secretary Ruth Kelly 8 Page 3, line 31, [Clause 4], at end insert— ‘(6) The Secretary of State must consult— (a) the Mayor, and (b) the Assembly, before making an order under subsection (5) above.”.’. Secretary Ruth Kelly 9 Page 18, line 21 [Clause 18], leave out ‘and’. Secretary Ruth Kelly 10 Page 18, line 23 [Clause 18], at end insert— ‘(c) sub-paragraph (5A) (exception allowing up to 2 members under sub-paragraph (2A) to be members of principal councils).’. Secretary Ruth Kelly 11 Page 24, line 18, [Clause 22], after ‘above)’ insert ‘, except the Authority and any functional body,’. Secretary Ruth Kelly 12 Page 24, line 19, [Clause 22], at
end insert— ‘Section 42(1) above imposes further duties on the Mayor as to consultation, including consultation with the Assembly and the functional bodies.’. Mr Mark Field 26 Page 30, line 2 [Clause 28], at end insert ‘or on any area within Greater London which is the area of a special authority’. Mr Mark Field 27 Page 30, line 17 [Clause 28], at end insert— ‘ “special authority” has the same meaning as in section 144(6) of the Local Government Finance Act 1988.’. Mrs Caroline Spelman
3 Page 34, line 33 [Clause 31], at end insert— ‘(1A) The Mayor of London may not make a direction under this section more than 21 days after being notified by the local planning authority of the making of the application.’. Mr Mark Field 28 Page 34, line 40 [Clause 31], after ‘section’ insert ‘, or in the City of London’. Mrs Caroline Spelman
18 Page 35, line 3 [Clause 31], at end insert— ‘(4A) An application is not an application of potential strategic importance unless— (a) the application raises issues which have substantial effects beyond the area of the local planning authority to which the application has been made; (b) the grant of planning permission in respect of the application will have substantial effects on the policies contained in the spatial development strategy published under section 334 of the GLA Act 1999; and (c) there are sound planning reasons for so treating it. (4B) Without prejudice to the generality of subsection (4A), an application for development in the City of London shall not be an application of potential strategic importance unless it is for the erection of a building— (a) with a total floor space of more than 100,000 square metres in addition to the total floor space of the development it replaces or, (b) which is more than 150 metres high. (4C) Subsection (4B)(b) does not apply to an application for the erection of a building adjacent to the River Thames.’. Mr Mark Field 29 Page 35, line 3 [Clause 31], at end insert— ‘(4A) An application is not an application of potential strategic importance by reason only of its failure to accord with the provisions of the development plan in force in the area to which the application relates. (4B) An application for development in the City of London shall not be an application of potential strategic importance unless it is for the erection of a building— (a) with a total floor space of more than 100,000 square metres in addition to the total floor space of the development it replaces, or (b) which is more than 150 metres high. (4C) Where an order under section 2A makes provision for any application which is to be treated as being for the erection of a building adjacent to the River Thames, subsection (4B)(b) does not apply to that application.’. Tom Brake
31 Page 35, line 3 [Clause 31], at end insert— ‘(4A) An application is not an application of potential strategic importance unless— (a) the application raises issues which have substantial effects beyond the area of the local planning authority to which the application has been made; (b) the grant of planning permission in respect of the application will have substantial effects on the policies contained in the spatial development strategy published under section 334 of the GLA Act 1999; and (c) there are sound planning reasons for so treating it.’. Mrs Caroline Spelman
21 Page 35, line 16 [Clause 31], at end insert— ‘(6A) If an order under this section provides that, in deciding whether he should give a direction under this section, the Mayor may or must take account of the extent to which the council of a London Borough is achieving or has achieved the relevant targets set out in the spatial development strategy, the order must also describe— (a) how the Mayor is to take those achievements into account and what factors will be taken into consideration, (b) which targets are likely to be assessed in particular circumstances, (c) the conditions which would need to be fulfilled by a council if it is to be considered as having achieved the targets, and (d) how the Mayor will take into account the progress of the council in achieving the targets.’. Mrs Caroline Spelman
22 Page 35, line 16 [Clause 31], at end insert— ‘(6A) An order under this section may not make provision requiring or enabling the Mayor to give a direction under this section if or because the applicant has requested him to do so.’. Mrs Caroline Spelman
23 Page 35, line 16 [Clause 31], at end insert— ‘(6A) Subsection (6C) applies to any provision of an order under this section which makes provision requiring or enabling the Mayor to give a direction under this section because the applicant has requested him to do so for the reason described in subsection (6B). (6B) The reason mentioned in subsection (6A) is that the local planning authority has failed, within a specified period, to provide a statement of the decision the authority to propose to make in respect of the application. (6C) In any provision to which this subsection applies the “specified period” referred to in subsection (6B) shall be such period as is reasonable to enable to the local planning authority to provide the statement and in any event shall be no less than 20 weeks commencing with the date on which the application was received by the authority.’. Mrs Caroline Spelman
24 Page 35, line 16 [Clause 31], at end insert— ‘(6A) If an order under this section makes provision for the definition of “application of potential strategic importance” and, in doing so, categorises applications as such by reference to the floorspace or height of any building comprised in the development in question, the order must provide that the floorspace or height so mentioned is expressed in terms of a net increase above the floorspace or height of any existing building on the site in question.’. Mrs Caroline Spelman
25 Page 35, line 16 [Clause 31], at end insert— ‘(6A) If an order under this section makes provision for the definition of “application of potential strategic importance” and, in doing so, categorises applications as such by reference to a minimum height of buildings comprised in the development, the order may not provide that the minimum height is less than 75 metres (except in relation to buildings adjacent to the River Thames).’. Mrs Caroline Spelman
4 Page 36, line 3 [Clause 31], at end insert— ‘(7A) The following persons shall be given an opportunity to be heard by the Mayor of London before he determines an application by virtue of section 2A or this section— (a) the applicant; (b) the local planning authority who received the application; (c) the member of the Assembly whose constituency covers the land subject to the application; (d) no less than one councillor of a London borough or the Common Council whose ward covers the land subject to the application; (e) no less than one representative of local, amenity or environmental interests as the Mayor of London considers appropriate; (f) Transport for London; (g) any other person, including public bodies or statutory undertakers, as the Mayor of London considers appropriate.’. Mrs Caroline Spelman
19 Page 36, line 6 [Clause 31], at end insert ‘, including applications which are to be treated as being for the erection of buildings adjacent to the River Thames under section 2A(4C),’. Mr Mark Field 30 Page 36, line 6 [Clause 31], at end insert ‘, including applications which are to be treated as being for the erection of buildings adjacent to the River Thames under subsection (4C) of that section,’. |
| |
| © Parliamentary copyright 2007 | Prepared: 27 February 2007 |