House of Commons portcullis
House of Commons
Session 2006 - 07
Internet Publications
Other Bills before Parliament


 
 

Report Stage Proceedings: 27th February 2007            

112

 

Greater London Authority Bill, continued

 
 

‘(c)    

sub-paragraph (5A) (exception allowing up to 2 members under sub-

 

paragraph (2A) to be members of principal councils).’.

 


 

Secretary Ruth Kelly

 

Agreed to  11

 

Page  24,  line  18,  [Clause  22],  after ‘above)’ insert ‘, except the Authority and any

 

functional body,’.

 

Secretary Ruth Kelly

 

Agreed to  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

 

Not called  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

 

Not called  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

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  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

 

Not called  28

 

Page  34,  line  40  [Clause  31],  after ‘section’ insert ‘, or in the City of London’.

 



 
 

Report Stage Proceedings: 27th February 2007            

113

 

Greater London Authority Bill, continued

 
 

Mrs Caroline Spelman

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  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

 

Not called  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

 

Norman Baker

 

Not called  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.’.


 
 

Report Stage Proceedings: 27th February 2007            

114

 

Greater London Authority Bill, continued

 
 

Mrs Caroline Spelman

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  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

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  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

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  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

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  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


 
 

Report Stage Proceedings: 27th February 2007            

115

 

Greater London Authority Bill, continued

 
 

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

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  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

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  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

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  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

 

Not called  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,’.


 
 

Report Stage Proceedings: 27th February 2007            

116

 

Greater London Authority Bill, continued

 
 

Mrs Caroline Spelman

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  20

 

Page  36,  line  12  [Clause  31],  at end insert ‘, including the reasons which are to be

 

taken as sound planning reasons for the purposes of section 2A(4A).’.

 

Mrs Caroline Spelman

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  5

 

Page  36  [Clause  31],  leave out lines 18 to 20 and insert—

 

‘(3)    

Such provision may not include functions in relation to enforcement of planning

 

control.’.

 

Mrs Caroline Spelman

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  6

 

Page  36  [Clause  32],  leave out lines 34 to 36.

 

Mrs Caroline Spelman

 

Michael Gove

 

Mrs Jacqui Lait

 

Not called  7

 

Page  36  [Clause  32],  leave out lines 39 to 40.

 


 

Secretary Ruth Kelly

 

Not called  13

 

Page  38  [Clause  36],  leave out lines 34 to 41 and insert—

 

‘(7)    

In any case where—

 

(a)    

an authority is required to comply with the public procurement

 

regulations in the awarding of a waste contract,

 

(b)    

in compliance with those regulations the authority sends the second

 

information notice relating to the awarding of that contract to the Official

 

Journal of the European Union, and

 

(c)    

after the authority sends that notice, the Mayor revises the municipal

 

waste management strategy,

 

    

this section, and any guidance issued under it, are to have effect in relation to the

 

awarding of that contract as if the revision of the strategy had not been made.”.’.

 

Secretary Ruth Kelly

 

Agreed to  14

 

Page  38,  line  41  [Clause  36],  at end insert—

 

‘(6)    

An authority is not required by virtue of any of the amendments made by this

 

section to exercise a function in relation to the awarding of a waste contract if—

 

(a)    

the authority is required to comply with the public procurement

 

regulations in awarding the contract, and


 
 

Report Stage Proceedings: 27th February 2007            

117

 

Greater London Authority Bill, continued

 
 

(b)    

before subsection (3) comes into force, the authority in compliance with

 

those regulations has sent the second information notice relating to the

 

awarding of that contract to the Official Journal of the European Union.’.

 


 

Ms Karen Buck

 

Mr Andrew Dismore

 

John Austin

 

Not called  1

 

Page  41,  line  45  [Clause  39],  at end insert—

 

‘(iv)    

the London Waste Authority,’.

 


 

new schedules

 

Ms Karen Buck

 

Mr Andrew Dismore

 

John Austin

 

Not called  NS1

 

To move the following Schedule:—

 

‘London Waste Authority

 

            

This is the Schedule that is to be inserted as Schedule 29A to the GLA Act

 

1999—

 

“Schedule 29A

 


 

London Waste Authority

 


 

Part 1

 


 

Establishment

 

Status and Capacity

 

1    (1)  

The London Waste Authority shall not be regarded as the servant or

 

agent of the Crown or as enjoying any status, immunity or privilege

 

of the Crown.

 

      (2)  

The members and staff of the London Waste Authority shall not be

 

regarded as civil servants and the property of the London Waste

 

Authority shall not be regarded as property of, or held on behalf of,

 

the Crown.

 

      (3)  

It shall be within the capacity of the London Waste Authority to do

 

such things and enter into such transactions as are calculated to

 

facilitate, or are conducive or incidental to, the discharge of any of

 

its functions.


 
 

Report Stage Proceedings: 27th February 2007            

118

 

Greater London Authority Bill, continued

 
 

Membership of the London Waste Authority

 

2    (1)  

The London Waste Authority shall consist of fifteen members

 

appointed by the Mayor of whom no fewer than six have been

 

nominated by, and (at the time of their appointment) are elected

 

members of—

 

(a)    

a London borough council, or

 

(b)    

the Common Council of the City of London.

 

      (2)  

The Mayor may determine the process of nominating and

 

appointing members under sub-paragraph (1).

 

      (3)  

The Mayor cannot appoint himself as a member of the London

 

Waste Authority.

 

      (4)  

In appointing a person under sub-paragraph (1), the Mayor shall

 

have regard to the desirability of ensuring that the members of the

 

London Waste Authority between them have experience in—

 

(a)    

running a business,

 

(b)    

delivering large capital programmes,

 

(c)    

regeneration,

 

(d)    

waste management, and

 

(e)    

recycling.

 

      (5)  

The terms and conditions of appointment of a member of the

 

London Waste Authority (including conditions as to remuneration)

 

shall be such as the Mayor may determine.

 

      (6)  

The Mayor may, by notice to a member of the London Waste

 

Authority, remove that member from office.

 

Chairman and deputy chairmen

 

3          

The Mayor shall designate—

 

(a)    

one of the members of the London Waste Authority to be

 

chairman of the London Waste Authority, and

 

(b)    

another of the members to be deputy chairman of the

 

London Waste Authority.

 

Staff

 

4    (1)  

The London Waste Authority may appoint such staff as it considers

 

necessary for assisting in the exercise of any of its functions.

 

      (2)  

The staff of the London Waste Authority shall be appointed on such

 

terms and conditions (including conditions as to remuneration) as

 

the London Waste Authority shall determine

 

Proceedings of the London Waste Authority

 

5    (1)  

Subject to the provisions of this Schedule, the London Waste

 

Authority may regulate its own procedures and that of the

 

committees of the London Waste Authority and sub-committees of

 

such committees (and in particular may specify a quorum for

 

meetings).


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

© Parliamentary copyright 2007
Revised 28 February 2007