House of Commons Amendments

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Session 2007 - 08
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Notices of Amendments: 10th January 2008
56

Planning Bill, continued

Member’s explanatory statement

See Member's explanatory statement for amendment 114.

John Healey

122

Clause  17,  page  9,  line  2,  leave out ‘the pipe-line is or (when constructed) will’ and

insert ‘(when constructed) the pipe-line is expected to’.

Member’s explanatory statement

This amendment is a minor technical correction to address the fact that, before a pipe-line is con

structed, it may not be possible to say with certainty that it will meet the requirements of subsection

(1)(a) to (c).

John Healey

123

Clause  17,  page  9,  line  24,  leave out subsection (5) and insert—

‘(5)
For the purposes of subsection (4), a pipe-line is a nationally significant pipe-line

if—

(a)
development consent is required, and has been granted, for its

construction, or

(b)
its construction has been authorised by a pipe-line construction

authorisation under section 1(1) of the Pipe-lines Act 1962.’.

Member’s explanatory statement

This amendment ensures that a pipe-line is only “nationally significant” for the purposes of clause

17(4)(a) if development consent is actually required for its construction. It also makes a transition

al provision to ensure that pipe-lines authorised under the existing legislation can be “nationally

significant”.

John Healey

124

Clause  18,  page  9,  line  36,  leave out subsections (1) and (2) and insert—

‘(1)
Highway-related development is within section {j130}(1)(e) only if—

(a)
it is the construction of a highway in a case within subsection (2) or (6),

(b)
it is the improvement of a highway in a case within subsection (3) or (5),

or

(c)
it is the alteration of a highway in a case within subsection (5).

(2)
Construction of a highway is within this subsection if—

(a)
the construction is to take place outside the boundary of an existing

highway,

(b)
the highway will (when constructed) be wholly in England,

(c)
the Secretary of State will be the highway authority for the highway, and

(d)
the highway is proposed to be (or to be part of) a highway of a type within

subsection (4).

(3)
Improvement of a highway is within this subsection if—

(a)
it is to take place outside the boundary of the highway,

(b)
the highway is wholly in England,

(c)
the Secretary of State is the highway authority for the highway, and

(d)
the highway is (or is part of) a highway of a type within subsection (4).

(4)
The types of highway referred to in subsections (2)(d) and (3)(d) are—

(a)
a trunk road;

(b)
a special road;

Notices of Amendments: 10th January 2008
57

Planning Bill, continued

(c)
a highway the construction of which is a project in respect of which the

Secretary of State is required to publish an environmental statement

under section 105A(3) of the Highways Act 1980;

(d)
a cycle track or footpath on land separated by intervening land from a

trunk road in connection with which it is to be used.

(5)
Development is within this subsection if—

(a)
it is the improvement, raising, lowering or other alteration of a highway,

(b)
the highway is wholly in England, and

(c)
the highway—

(i)
crosses or enters the route of a trunk road or special road, or

(ii)
is (or will be) otherwise affected by the construction or

improvement of a trunk road or special road.

(6)
Construction of a highway is within this subsection if—

(a)
the highway will (when constructed) be wholly in England,

(b)
the highway is to be constructed for a purpose connected with—

(i)
development within subsection (5), or

(ii)
a trunk road or special road, or

(iii)
the construction of a trunk road or special road.

(7)
The following terms have the meanings given by section 329(1) of the Highways

Act 1980—

“cycle track”;

“footpath”;

“improvement”.’.

Member’s explanatory statement

This amendment changes the types of highway developments which are nationally significant in

frastructure projects. Certain alteration and improvement work relating to highways is being

brought into this category. The categories of highway construction projects are expanded.

John Healey

125

Clause  19,  page  10,  line  8,  leave out from ‘England’ to end of line 20 and insert ‘or

in English waters, and

(b)
is expected to be capable of providing services which meet the

requirements of subsection (2).

(2)
Services meet the requirements of this subsection if they are—

(a)
air passenger transport services for at least 10 million passengers per

year, or

(b)
air cargo transport services for at least 10,000 air transport movements of

cargo aircraft per year.

(3)
An alteration of an airport is within section {j130}(1)(f) only if—

(a)
the airport is in England or in English waters, and

(b)
the alteration is expected to have the effect specified in subsection (4).

(4)
The effect is—

(a)
to increase by at least 10 million per year the number of passengers for

whom the airport is capable of providing air passenger transport services,

or

(b)
to increase by at least 10,000 per year the number of air transport

movements of cargo aircraft for which the airport is capable of providing

air cargo transport services.

(5)
“Alteration”, in relation to an airport, includes the construction, extension or

alteration of—

Notices of Amendments: 10th January 2008
58

Planning Bill, continued

(a)
a runway at the airport,

(b)
a building at the airport, or

(c)
a radar or radio mast, antenna or other apparatus at the airport.

(6)
In this section—

“air cargo transport services” means services for the carriage by air of cargo;

“air passenger transport services” means services for the carriage by air of

passengers;

“air transport movement” means a landing or take-off of an aircraft;

“cargo” includes mail;

“cargo aircraft” means an aircraft which is—

(c)
designed to transport cargo but not passengers, and

(d)
engaged in the transport of cargo on commercial terms;

“English waters” means waters adjacent to England up to the seaward limits

of the territorial sea.’.

Member’s explanatory statement

This amendment adds to the types of airport development which are nationally significant infra

structure projects. Freight airports are added to this category and so are alteration works increas

ing the capacity of an airport by the relevant quantity specified.

John Healey

126

Clause  20,  page  10,  line  22,  leave out ‘or extension’.

Member’s explanatory statement

This amendment together with amendment 128 changes the types of developments relating to har

bour facilities which are nationally significant infrastructure projects. Alteration works are in

cluded if they increase the capacity of a harbour by the relevant quantity specified.

John Healey

127

Clause  20,  page  10,  line  23,  leave out ‘the harbour facilities will (when constructed

or extended)’ and insert ‘(when constructed) the harbour facilities—

‘(a)
will be in England or Wales or in waters adjacent to England or Wales up

to the seaward limits of the territorial sea, and

(b)
are expected to’.

Member’s explanatory statement

This amendment ensures that development relating to harbour facilities is a nationally significant

infrastructure project if the development is to take place in territorial waters adjacent to England

or Wales.

John Healey

128

Clause  20,  page  10,  line  25,  at end insert—

‘(1A)
The alteration of harbour facilities is within section {j130}(1)(g) only if—

(a)
the harbour facilities are in England or Wales or in waters adjacent to

England or Wales up to the seaward limits of the territorial sea, and

(b)
the effect of the alteration is expected to be to increase by at least the

relevant quantity per year the quantity of material the embarkation or

disembarkation of which the facilities are capable of handling.’.

Member’s explanatory statement

See Member's explanatory statement for amendment 126.

Notices of Amendments: 10th January 2008
59

Planning Bill, continued

John Healey

129

Clause  20,  page  10,  line  30,  at end insert—

‘(d)
in the case of facilities for more than one of the types of ships mentioned

in paragraphs (a) to (c), an equivalent quantity of material.

(2A)
For the purposes of subsection (2)(d), facilities are capable of handling an

equivalent quantity of material if the sum of the relevant fractions is one or more.

(2B)
The relevant fractions are—

(a)     to the extent that the facilities are for container ships—
               _x
         ^________
         500, 000
where x is the number of TEU that the facilities are capable of handling;

(b)    to the extent that the facilities are for ro-ro ships—
               _y
         ^________
         250, 000
where y is the number of units that the facilities are capable of handling;

(b)    to the extent that the facilities are for cargo ships of any other description—
                  _z
         ^__________
         5, 000, 000
where z is the number of tonnes of material that the facilities are capable of handling.’.

Member’s explanatory statement

This amendment ensures that development relating to harbour facilities can be a nationally signif

icant infrastructure project if the development will provide capacity for a mixture of types of ships.

John Healey

130

Clause  22,  page  11,  line  6,  leave out ‘will’ and insert ‘is expected to’.

Member’s explanatory statement

This is a minor technical amendment to address the fact that, before a rail freight interchange is

constructed, it may not be possible to say with certainty what its capacity will be.

John Healey

131

Clause  22,  page  11,  line  7,  at end insert—

‘(1A)
The alteration of a rail freight interchange is within section {j130}(1)(i) only if—

(a)
following the alteration, each of the conditions in subsections (2)(a) and

(3) to (6) is expected to be met in relation to it, and

Notices of Amendments: 10th January 2008
60

Planning Bill, continued

(b)
the alteration is expected to have the effect specified in subsection (6A).’.

Member’s explanatory statement

This amendment (with amendment 132) specifies the circumstances in which an alteration of a rail

freight interchange is a nationally significant infrastructure project.

John Healey

132

Clause  22,  page  11,  line  19,  at end insert—

‘(6A)
The effect referred to in subsection (1A)(b) is to increase by at least 60 hectares

the area of the land on which the rail freight interchange is situated.’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 131.

John Healey

133

Clause  23,  page  11,  line  38,  leave out ‘exceeds’ and insert ‘is expected to exceed’.

Member’s explanatory statement

This amendment and amendment 137 are minor technical amendments to address the fact that, be

fore a dam or reservoir is constructed or altered, it may not be possible to say with certainty what

its capacity will be.

John Healey

134

Clause  23,  page  11,  line  39,  leave out ‘extension’ and insert ‘alteration’.

Member’s explanatory statement

This amendment (with amendments 135 and 136) expands the types of dam and reservoir develop

ment that are nationally significant infrastructure projects, by covering alterations to dams and

reservoirs rather than extensions.

John Healey

135

Clause  23,  page  11,  line  41,  leave out ‘extension’ and insert ‘alteration’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 134.

John Healey

136

Clause  23,  page  12,  line  2,  leave out ‘extension’ and insert ‘alteration’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 134.

John Healey

137

Clause  23,  page  12,  line  2,  leave out ‘exceeds’ and insert ‘is expected to exceed’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 133.

John Healey

138

Clause  24,  page  12,  line  12,  leave out ‘exceeds’ and insert ‘is expected to exceed’.

Member’s explanatory statement

This amendment is a minor technical amendment to address the fact that, before development re

lating to the transfer of water resources is completed, it may not be possible to say with certainty

what its effect will be.

Notices of Amendments: 10th January 2008
61

Planning Bill, continued

John Healey

139

Clause  25,  page  12,  line  30,  leave out ‘will’ and insert ‘is expected to’.

Member’s explanatory statement

This amendment is a minor technical amendment to address the fact that, before a waste water

treatment plant is constructed, it may not be possible to say with certainty what its capacity will be.

John Healey

140

Clause  25,  page  12,  line  30,  at end insert—

‘(1A)
The alteration of a waste water treatment plant is within section {j130}(1)(l) only

if—

(a)
the treatment plant is in England, and

(b)
the effect of the alteration is expected to be to increase by more than a

population equivalent of 150,000 the capacity of the plant.’.

Member’s explanatory statement

This amendment sets out the circumstances in which an alteration of a waste water treatment plant

is a nationally significant infrastructure project.

John Healey

141

Clause  26,  page  13,  line  6,  leave out from ‘the’ to end of line 9 and insert ‘main

purpose of the facility is expected to be the final disposal or recovery of hazardous waste,

and

(c)
the facility is expected to have the capacity specified in subsection (1A).

(1A)
The capacity is—’.

Member’s explanatory statement

This amendment is a minor drafting amendment to ensure consistency with the drafting approach

used in amendment 142.

John Healey

142

Clause  26,  page  13,  line  12,  at end insert—

‘(3A)
The alteration of a hazardous waste facility is within section {j130}(1)(m) only

if—

(a)
the facility is in England,

(b)
the main purpose of the facility is the final disposal or recovery of

hazardous waste, and

(c)
the alteration is expected to have the effect specified in subsection (3B).

(3B)
The effect is—

(a)
in the case of the disposal of hazardous waste by landfill or in a deep

storage facility, to increase by more than 100,000 tonnes per year the

capacity of the facility;

(b)
in any other case, to increase by more than 30,000 tonnes per year the

capacity of the facility.’.

Member’s explanatory statement

This amendment sets out the circumstances in which the alteration of a hazardous waste facility is

a nationally significant infrastructure project.

John Healey

143

Clause  28,  page  14,  line  1,  after ‘use’ insert ‘a cavity or’.

Member’s explanatory statement

Notices of Amendments: 10th January 2008
62

Planning Bill, continued

This amendment (with amendment 144) ensures that starting to use a cavity for underground gas

storage is treated as development for the purposes of the Bill, as is already the case for starting to

use strata for underground gas storage.

John Healey

144

Clause  28,  page  14,  line  2,  after second ‘the’ insert ‘cavity or’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 143.

John Healey

145

Clause  30,  page  15,  line  42,  leave out ‘mentioned in section 13(5)’ and insert

‘specified in subsection (1A)’.

Member’s explanatory statement

This amendment is a consequence of the change in drafting approach taken in the new subsection

(1A) (see amendment 147).

John Healey

146

Clause  30,  page  15,  line  43,  leave out ‘England’ and insert ‘one or more of the

areas specified in subsection (1B)’.

Member’s explanatory statement

This amendment, with amendment 147, has the effect that the Secretary of State's direction-making

powers under clause 30 are available in relation to certain types of offshore development, as well

as in relation to development in England.

John Healey

147

Clause  30,  page  15,  line  44,  at end insert—

‘(1A)
The fields are—

(a)
energy;

(b)
transport;

(c)
water;

(d)
waste water;

(e)
waste.

(1B)
The areas are—

(a)
England;

(b)
waters adjacent to England up to the seaward limits of the territorial sea;

(c)
in the case of a project for the carrying out of works in the field of energy,

a Renewable Energy Zone, except any part of a Renewable Energy Zone

in relation to which the Scottish Ministers have functions.’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 146.

John Healey

148

Schedule  2,  page  114,  line  16,  leave out ‘In’.

Member’s explanatory statement

This amendment and amendment 149 are consequent on amendment 150.