House of Commons Amendments

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Session 2007 - 08
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Notices of Amendments: 10th January 2008
63

Planning Bill, continued

John Healey

149

Schedule  2,  page  114,  line  17,  after ‘authorisation)’ insert ‘is amended as follows.

      (2)
’.

Member’s explanatory statement

See Member's explanatory statement on amendment 148.

John Healey

150

Schedule  2,  page  114,  line  20,  at end insert—

    ‘(3)
In subsection (1A)(b) for “pipe-line which is the subject of a pipe-line

construction authorisation” substitute “nationally significant pipe-line”.

      (4)
After subsection (1A) insert—

“(1B)
For the purposes of subsection (1A), a pipe-line is a nationally

significant pipe-line if—

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

construction authorisation, or

(b)
development consent under the Planning Act 2008 is required,

and has been granted, for its construction.”.’.

Member’s explanatory statement

This amendment (which is related to amendment 123) makes a change to the Pipe-lines Act 1962

so that the pipe-lines to which section 1(1A)(b) of that Act applies are the same as those to which

clause 17(4) applies.

John Healey

151

Clause  92,  page  43,  line  4,  leave out ‘district council’ and insert ‘county council, or

district council,’.

Member’s explanatory statement

The effect of this amendment is that all county councils are “interested parties” for the purposes

of Chapter 4 of Part 6, including those which are not unitary authorities.

John Healey

152

Clause  92,  page  43,  leave out lines 5 and 6.

Member’s explanatory statement

This amendment is consequent on amendment 151.

John Healey

153

Clause  182,  page  101,  line  20,  at end insert—

‘“alteration”, in relation to an airport, must be read in accordance with

section {j136}(5);’.

Member’s explanatory statement

This drafting amendment is needed in consequence of amendment 125.

John Healey

154

Clause  182,  page  101,  leave out lines 43 and 44.

Member’s explanatory statement

This drafting amendment is needed in consequence of amendment 125.

Notices of Amendments: 10th January 2008
64

Planning Bill, continued

John Healey

155

Clause  182,  page  102,  line  1,  at end insert—

‘“gas reception facility” must be read in accordance with section [gas

reception facilities] (2);’.

Member’s explanatory statement

This drafting amendment is needed in consequence of amendment NC2.

John Healey

156

Clause  182,  page  102,  line  19,  at end insert—

‘“LNG facility” must be read in accordance with section [LNG facilities]

(3);’.

Member’s explanatory statement

This drafting amendment is needed in consequence of New Clause 1.

John Healey

157

Clause  182,  page  102,  line  50,  at end insert—

‘“standard”, in relation to a volume of gas, means the volume of gas at a

pressure of 101.325 kiloPascals and a temperature of 273 Kelvin;’.

Member’s explanatory statement

This amendment is needed in consequence of amendments 120 , New Clauses 1 and 2.

John Healey

158

Clause  182,  page  103,  line  6,  at end insert—

‘“underground gas storage facilities” must be read in accordance with

section {j133}(5);’.

Member’s explanatory statement

This drafting amendment is needed in consequence of amendment 120.

John Healey

159

Clause  187,  page  105,  line  15,  leave out ‘16’ and insert ‘[Gas reception facilities]’.

Member’s explanatory statement

This amendment is needed in consequence of New Clause 2.

LNG facilities

John Healey

NC1

To move the following Clause:—

‘(1)
The construction of an LNG facility is within section 13(1)(ca) only if (when

constructed) the facility will be in England and—

(a)
the storage capacity of the facility is expected to be at least 43 million

standard cubic metres, or

(b)
the maximum flow rate of the facility is expected to be at least 4.5 million

standard cubic metres per day.

(2)
The alteration of an LNG facility is within section 13(1)(ca) only if the facility is

in England and the effect of the alteration is expected to be—

Notices of Amendments: 10th January 2008
65

Planning Bill, continued

(a)
to increase by at least 43 million standard cubic metres the storage

capacity of the facility, or

(b)
to increase by at least 4.5 million standard cubic metres per day the

maximum flow rate of the facility.

(3)
“LNG facility” means a facility for—

(a)
the reception of liquid natural gas from outside England,

(b)
the storage of liquid natural gas, and

(c)
the regasification of liquid natural gas.

(4)
In this section—

“maximum flow rate”, in relation to a facility, means the maximum rate at

which gas is able to flow out of the facility, on the assumption that—

(e)
the facility is filled to maximum capacity, and

(f)
the rate is measured after regasification of the liquid natural gas

and any other processing required on the recovery of the gas

from storage;

“storage capacity” means the capacity of the facility for storage of liquid

natural gas.

(5)
The storage capacity of an LNG facility is to be measured as if the gas were stored

in regasified form.’.

Member’s explanatory statement

This new clause sets out the circumstances in which construction or alteration of an LNG facility

(as defined in subsection (3)) will be a nationally significant infrastructure project.

Gas reception facilities

John Healey

NC2

To move the following Clause:—

‘(1)
The construction of a gas reception facility is within section 13(1)(cb) only if

(when constructed)—

(a)
the facility will be in England and will be within subsection (4), and

(b)
the maximum flow rate of the facility is expected to be at least 4.5 million

standard cubic metres per day.

(2)
The alteration of a gas reception facility is within section 13(1)(cb) only if—

(a)
the facility is in England and is within subsection (4), and

(b)
the effect of the alteration is expected to be to increase by at least 4.5

million standard cubic metres per day the maximum flow rate of the

facility.

(3)
“Gas reception facility” means a facility for—

(a)
the reception of natural gas in gaseous form from outside England, and

(b)
the handling of natural gas (other than its storage).

(4)
A gas reception facility is within this subsection if—

(a)
the gas handled by the facility does not originate in England, Wales or

Scotland,

(b)
the gas does not arrive at the facility from Scotland or Wales, and

(c)
the gas has not already been handled at another facility after its arrival in

England.

Notices of Amendments: 10th January 2008
66

Planning Bill, continued

(5)
“Maximum flow rate” means the maximum rate at which gas is able to flow out

of the facility.’.

Member’s explanatory statement

This new clause sets out the circumstances in which construction or alteration of a gas reception

facility (as defined in subsection (3)) will be a nationally significant infrastructure project.

Dan Rogerson

Tom Brake

160

Clause  7,  page  4,  line  25,  at end add—

‘(7)
Where a national policy statement refers to a geographically specific part of the

country, the Secretary of State must, in arranging publicity under subsection (2),

arrange for publicity to be made available in at least two local newspapers in the

relevant area, where published.’.

Dan Rogerson

Tom Brake

161

Clause  13,  page  7,  line  19,  leave out paragraph (m).

Dan Rogerson

Tom Brake

162

Clause  21,  page  11,  line  3,  at end add ‘but excludes tramways, and guided transport

as defined under subsections 81(2)(b) and 81(2)(c) of the Railways Act 1993’.

Dan Rogerson

Tom Brake

163

Page  13,  line  2,  leave out Clause 26.

Dan Rogerson

Tom Brake

164

Clause  27,  page  13,  line  32,  leave out ‘Commission’ and insert ‘Secretary of State

on the advice of the Commission.

‘(3)
The Secretary of State must take a decision under subsection (2) within 28 days

of receiving the Commission’s advice.

(4)
Nothing in this section shall compel the Secretary of State to comply with the

Commission’s advice.’.

Dan Rogerson

Tom Brake

165

Clause  30,  page  15,  line  42,  at end insert ‘and’.

Dan Rogerson

Tom Brake

166

Clause  30,  page  16,  line  7,  leave out from ‘application’ to end of line 8 and insert

‘for a period of up to three months’.

Notices of Amendments: 10th January 2008
67

Planning Bill, continued

Dan Rogerson

Tom Brake

167

Page  17,  line  35,  leave out Clause 35.

Dan Rogerson

Tom Brake

168

Clause  38,  page  18,  line  39,  leave out ‘or’.

Dan Rogerson

Tom Brake

169

Clause  38,  page  19,  line  2,  at end insert—

‘(h)
a parish council,

(i)
a community council in Wales, or

(j)
a community council in Scotland.’.

Dan Rogerson

Tom Brake

170

Clause  39,  page  19,  line  5,  at end insert ‘, or adjacent land’.

Dan Rogerson

Tom Brake

171

Clause  39,  page  19,  line  8,  at end insert ‘adjacent land, or’.

Dan Rogerson

Tom Brake

172

Clause  39,  page  19,  line  10,  at end insert ‘adjacent land, or’.

Dan Rogerson

Tom Brake

173

Clause  39,  page  19,  line  11,  at end insert ‘or adjacent land’.

Dan Rogerson

Tom Brake

174

Clause  42,  page  20,  line  21,  leave out subsection (5) and insert—

‘(5)
The Commission must commission an independent third party (“third party”) to

undertake such community engagement in relation to an application for

development as the relevant local planning authority considers appropriate within

a set period (“the community engagement period”) of not more than six months.

(6)
The third party shall be required to publish a report (“the community engagement

report”) on its work within 14 days of the end of the community engagement

period.

(7)
The community engagement report will publish responses from interested parties,

including but not limited to those defined as Categories 1, 2 and 3 in section 39.

Notices of Amendments: 10th January 2008
68

Planning Bill, continued

(8)
The applicant must within three months of the publication of the community

engagement report publish a response to indicate its intentions to change the

application.

(9)
The application for development consent may not make progress until such time

as the applicant has complied with subsection (8).

(10)
If the applicant has not complied with subsection (8) after a period of six months

the application shall be deemed to be withdrawn.’.

Dan Rogerson

Tom Brake

175

Clause  46,  page  22,  line  17,  leave out ‘14’ and insert ‘56’.

Dan Rogerson

Tom Brake

176

Clause  47,  page  23,  line  27,  leave out ‘14’ and insert ‘56’.

Dan Rogerson

Tom Brake

177

Clause  48,  page  24,  line  16,  leave out from ‘land’ to end of line 17.

Dan Rogerson

Tom Brake

178

Clause  48,  page  24,  line  21,  leave out subsections (3) and (4).

Dan Rogerson

Tom Brake

179

Clause  50,  page  25,  line  42,  leave out ‘28’ and insert ‘56’.

Geographically-specified national policy statements

Dan Rogerson

Tom Brake

NC3

To move the following Clause:—

‘(1)
This section sets out the requirements for national policy statements which make

particular reference to specific geographical areas under section 5(5)(d).

(2)
Where a proposal for a national policy statement is made by the Secretary of State

with implications for a specific geographical area, the Secretary of State shall

commission and fund an assessment by the relevant local planning authority, or

authorities, of—

(a)
whether the proposal is consonant with the principles enumerated in the

authority’s local development documents as defined in section 17 of the

Planning and Compulsory Purchase Act 2004,

(b)
the likely impact of the proposal on communities within the local

authority area,

(c)
whether the proposal meets with the approval of persons residing in the

relevant local authority area, and

Notices of Amendments: 10th January 2008
69

Planning Bill, continued

(d)
any other matter which the relevant planning authority considers

appropriate.

(3)
A local authority area is within subsection (2) if any of the locations concerned is

in the authority’s area, or a neighbouring authority’s area.

(4)
A “proposal” in subsection (2) shall be defined as in section 7(3).’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

180

Clause  5,  page  3,  line  4,  leave out from ‘an’ to end of line 5 and insert

‘environmental assessment in accordance with the Environmental Assessment of Plans

and Programmes Directive 2001/42/EC and regulations implementing that Directive’.

Member’s explanatory statement

The amendment replaces the requirement to carry out a sustainability appraisal with the carrying

out of a strategic environmental assessment under the 2001 Directive and its implementing regu

lations, presently the Environmental Assessment of Plans and Programmes Regulations 2004.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

181

Clause  5,  page  3,  line  8,  at end insert—

‘(4A)
The policy set out in a national policy statement may not—

(a)
identify any location or site as suitable (or potentially suitable) or

unsuitable for a specified description of development;

(b)
identify any individual statutory undertaker or undertakers as appropriate

persons to carry out a specified description of development.’.

Member’s explanatory statement

The amendment prevents a national policy statement from identifying particular locations or sites

for development. It also prohibits the identification of a particular statutory undertakers to carry

out particular schemes (for example, a named nuclear energy company). Consequential amend

ments are proposed to subsection (5).

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

182

Clause  5,  page  3,  line  16,  leave out paragraph (d).