House of Commons Public Bill Committee Proceedings

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).