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| | Clause 5, page 3, line 18, leave out paragraph (e). |
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| | Clause 5, page 3, line 5, at end insert— |
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| | | ‘(3A) | A statement may be designated as a national policy statement for the purposes of |
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| | | this Act only if 4 months have elapsed since the proposals were sent to Parliament |
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| | | and the Secretary of State has considered any report produced by any committee |
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| | | of either House of Parliament on the proposals.’. |
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| | | Member’s explanatory statement
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| | | The amendment prevents a national policy statement from being designated unless the proposal |
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| | | has been sent to Parliament and it has had an opportunity to report on the proposal. The Secretary |
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| | | of State has to consider the report. |
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| | Clause 6, page 3, line 31, at beginning insert— |
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| | | ‘(A1) | The Secretary of State shall consider continuously whether each national policy |
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| | | statement should be reviewed. |
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| | | (A2) | The Secretary of State shall lay before Parliament and publish each year a report |
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| | | on the national policy statements which have been designated and whether a |
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| | | review is being carried out or will be carried out.’. |
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| | | Member’s explanatory statement
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| | | This amendment seeks to a provide a continuous review, as raised on Clause 10. |
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| | Clause 7, page 4, line 9, at end insert— |
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| | | ‘(1A) | The Secretary of State shall provide for early public participation, when all |
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| | | options are open and effective public participation can take place, within a |
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| | | transparent and fair framework.’. |
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| | | Member’s explanatory statement
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| | | The amendment incorporates into the Bill obligations in the Aarhus Convention on Access to In |
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| | | formation, Public Participation in Decision-Making and Access to Justice in Environmental Mat |
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| | | ters which apply to public participation concerning plans, programmes and policies relating to the |
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| | | environment. The text is taken from Articles 6(4) and 7. |
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| | Clause 7, page 4, line 13, leave out ‘subsections (4) and (5)’ and insert ‘the rest of |
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| | | Member’s explanatory statement
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| | | This amendment makes the Secretary of State’s discretion on consultation requirements subject to |
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| | | the remainder of section 7 rather than particular subsections to accommodate additional subsec |
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| | Clause 7, page 4, line 13, at end insert— |
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| | | ‘(2A) | The consultation period shall not be less than 12 weeks. |
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| | | (2B) | The publicity arrangements shall include advertisement in one or more national |
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| | | newspapers and the Gazette, placing the proposal and relevant supporting |
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| | | material on the Secretary of State’s website and giving notice to Parliament.’. |
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| | | Member’s explanatory statement
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| | | The amendment provides for a minimum consultation period and a minimum level of publicity. |
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| | Clause 7, page 4, line 19, at end insert— |
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| | | ‘(4A) | If the national policy statement relates, in whole or part, to England the Secretary |
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| | | of State shall consult Natural England, the Historic Buildings and Monuments |
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| | | Commission for England, the Environment Agency and the Local Government |
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| | | (4B) | If the national policy statement relates, in whole or part, to Scotland, the Secretary |
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| | | of State shall consult the Scottish Executive, the Scottish Environment Protection |
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| | | Agency, Scottish Natural Heritage and the Convention of Scottish Local |
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| | | (4C) | If the national policy statement relates, in whole or part, to Wales, the Secretary |
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| | | of State shall consult the Welsh Assembly Government, the Environment |
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| | | Agency, the Countryside Council for Wales and the Welsh Local Government |
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| | | Member’s explanatory statement
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| | | The amendment provides that the main environmental agencies and the devolved executives are |
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| | | consulted on national policy statements. |
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| | Clause 7, page 4, line 23, at end insert— |
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| | | ‘(5A) | The publicity to be taken under subsection (5) shall include advertisement in a |
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| | | newspaper circulating in the locality, the display of one or more site notices at the |
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| | | location and placing copies of the proposal and relevant supporting material for |
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| | | inspection by the public at one or more places in or convenient to the location.’. |
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| | | Member’s explanatory statement
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| | | The amendment provides minimum standards of publicity in locations identified as suitable or po |
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| | | tentially suitable for a specified description of a development. |
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| | Clause 7, page 4, line 23, at end insert— |
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| | | ‘(5B) | If subsection (5) applies, any authority required to be consulted under section 8 |
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| | | shall also be consulted on the proposal. |
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| | | (5C) | If subsection (5) applies, the Secretary of State shall consult any parish or town |
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| | | council (if in England) or any community council (if in Wales) whose area |
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| | | includes the location or is within 10 miles of the location.’. |
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| | | Member’s explanatory statement
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| | | Clause 8 requires the Secretary of State to consult various authorities as to the appropriate pub |
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| | | licity to give to location specific proposals. The amendment requires that those authorities are con |
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| | | sulted upon the proposals themselves. It also requires town and parish councils and community |
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| | | councils in the vicinity to be consulted. |
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| | Clause 11, page 5, line 32, at end insert— |
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| | | ‘(1A) | No statement referred to within subsection (1) above may be designated as a |
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| | | national policy statement or referred to in such a statement unless it has been |
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| | | subject to environmental assessment in accordance with the Environmental |
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| | | Assessment of Plans and Programmes Directive 2001/42/EC and regulations |
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| | | implementing that Directive.’. |
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| | | Member’s explanatory statement
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| | | The amendment requires a pre-existing statement which is to be designated as a national policy |
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| | | statement to have been subject to strategic environmental assessment. |
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| | Clause 11, page 5, line 36, leave out subsection (3). |
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| | | Member’s explanatory statement
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| | | The amendment requires consultation on a proposed national policy statement to take place under |
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| | | the Act and so excludes reliance on pre-commencement consultation. |
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| | Page 6, line 1, leave out Clause 12. |
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| | | Member’s explanatory statement
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| | | The amendment deletes Clause 12 on legal challenges. The effect is that any proceedings will be |
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| | | brought under the normal provisions on judicial review, which provide for claims to be brought |
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| | | within three months and promptly. |
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| | Clause 12, page 6, line 6, leave out ‘6’ and insert ‘12’. |
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| | | Member’s explanatory statement
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| | | The amendment increases the period for bringing proceedings from six weeks to 12 weeks. |
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| | Clause 12, page 6, line 13, leave out ‘6’ and insert ‘12’. |
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| | | Member’s explanatory statement
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| | | See explanatory statement to amendment 195. |
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| | Clause 12, page 6, line 18, leave out ‘6’ and insert ‘12’. |
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| | | Member’s explanatory statement
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| | | See explanatory statement to amendment 195. |
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| | Clause 12, page 6, line 25, leave out ‘6’ and insert ‘12’. |
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| | | Member’s explanatory statement
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| | | See explanatory statement to amendment 195. |
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| | Clause 12, page 6, line 32, leave out ‘6’ and insert ‘12’. |
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| | | Member’s explanatory statement
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| | | See explanatory statement to amendment 195. |
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| | Clause 12, page 6, line 38, leave out ‘6’ and insert ‘12’. |
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| | | Member’s explanatory statement
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| | | See explanatory statement to amendment 195. |
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| | Clause 32, page 17, line 5, leave out ‘section 42(5)’ and insert ‘sections 37, 42 and |
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| | | Member’s explanatory statement
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| | | The amendment extends the scope of the consultation report to consultation under Clause 37 and |
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| | | publicity under Clause 43, from community consultation under Clause 42, in line with Clause |
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| | Clause 45, page 21, line 21, leave out subsection (4) and insert— |
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| | | ‘(4) | The Commission shall disclose a person’s request for advice under subsection (1) |
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| | | and the advice given under subsection (1) to a person to the public generally.’. |
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| | | Member’s explanatory statement
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| | | The amendment requires requests for advice and the advice given to be made public. The existing |
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| | | Clause 49(4) which allows regulations to provide whether this material is disclosed becomes un |
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| | | necessary and is deleted. |
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| | Clause 49, page 25, line 8, leave out ‘from a local-authority consultee’. |
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| | Clause 49, page 25, leave out lines 10 to 14. |
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| | | Member’s explanatory statement
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| | | The Commission can only validate an application if the pre-application procedure has been com |
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| | | plied with. In doing so it has to have regard to representations on the adequacy of consultation |
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| | | from local authorities (Clause 49(4)). The amendments require it to have regard to any represen |
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| | | tations on the adequacy of consultation. |
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| | Clause 49, page 25, line 17, leave out ‘and 43’ and insert ‘, 43 and 44’. |
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| | | Member’s explanatory statement
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| | | The Commission considers whether the applicant has taken account of the responses to consulta |
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| | | tion and publicity (Clause 49(3)(d)). The amendment extends the ‘adequacy-of-consultation rep |
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| | | resentation’ to include comments whether account has been taken of those responses. |
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| | Clause 66, page 32, line 40, at beginning insert ‘Subject to subsection (1A) |
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| | Clause 66, page 33, line 2, at end insert— |
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| | | ‘(1A) | Where the applicant for development consent proposes, or it is subsequently |
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| | | considered by the Panel that, any order granting development consent should |
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| | | include provisions made in exercise of any of the powers conferred by section |
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| | | 105(6)(a) or (b), the Panel has the functions of— |
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| | | (a) | examining the application, and |
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| | | (b) | making a report to the Secretary of State on the application setting out— |
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| | | (i) | the Panel’s findings and conclusions in respect of the |
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| | | (ii) | the Panel’s recommendation as to the decision to be made on the |
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| | | Member’s explanatory statement
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| | | The amendment provides that the Secretary of State will decide the application where it is pro |
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| | | posed that the order granting development consent will apply, modify or exclude legislation. |
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| | Clause 75, page 36, line 9, at end insert ‘and neither the applicant for development |
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| | consent proposes, nor the Commissioner considers, that any order granting development |
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| | consent should include provisions made in exercise of any of the powers conferred by |
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| | section105(6)(a) or (b).’. |
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| | | Member’s explanatory statement
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| | | The amendment provides that the Secretary of State will decide the application where it is pro |
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| | | posed by the applicant or the single Commissioner considering the application that any order |
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| | | granting development consent will apply, modify or exclude legislation. |
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