House of Commons Amendments

House of Commons

Session 2007 - 08
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Notices of Amendments: 10th January 2008
77

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

209

Clause  77,  page  36,  line  25,  at end insert—

‘(1A)
If the Council consider that order granting development consent should be made

and should include provisions made in exercise of any of the powers conferred by

section 105(6)(a) or (b) it shall refer the single Commissioner’s report and a

report of its views to the Secretary of State for determination.’.

Member’s explanatory statement

If the Council considers that an order should adopt, modify or exclude legislation then it must refer

the application with the single Commissioner’s report and a note of its views to the Secretary of

State.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

210

Clause  93,  page  43,  line  20,  leave out ‘66(2)’ and insert ‘66(1A) or (2)’.

Member’s explanatory statement

Consequential on amendments to Clauses 66, 75 and 77.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

211

Clause  93,  page  43,  line  22,  leave out ‘section 75(2)(b)’ and insert ‘sections

75(2)(b) or 77(1A)’.

Member’s explanatory statement

Consequential on amendments to Clauses 66, 75 and 77.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

212

Clause  105,  page  50,  line  23,  leave out ‘sections 106 and’ and insert ‘section’

Member’s explanatory statement

Amendments to Clauses 66, 75, 77 and 93 require applications for orders applying, modifying or

amending legislation to be determined by the Secretary of State. This is a consequential amend

ment as Clause 106 and the reference to it in this Clause become unnecessary.

Notices of Amendments: 10th January 2008
78

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

213

Page  50,  line  27,  leave out Clause 106.

Member’s explanatory statement

Amendments to Clauses 66, 75, 77 and 93 require applications for orders applying, modifying or

amending legislation to be determined by the Secretary of State. This is a consequential amend

ment as Clause 106 becomes unnecessary.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

214

Schedule  1,  page  107,  line  8,  leave out ‘at least’ and insert ‘no more than’.

Member’s explanatory statement

This amendment limits the Commission to having two deputy chairs.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

215

Schedule  1,  page  107,  line  10,  at beginning insert ‘no more than 12’.

Member’s explanatory statement

With the previous amendment this amendment limits the size of the Commission to 15 commission

ers: a chair, two deputy chairs and 12 other commissioners.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

216

Schedule  1,  page  107,  line  13,  after ‘effectively’, insert ‘, fairly’.

Member’s explanatory statement

The amendment requires the Secretary of State when appointing Commissioners to have regard to

their ability to ensure that the Commission acts fairly as well as effectively and efficiently.

Notices of Amendments: 10th January 2008
79

Planning Bill, continued

Amendment of the meaning of development

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

nc4

To move the following Clause:—

‘(1)
The Town and Country Planning Act 1990 is amended as follow.

(2)
In section 55 (meaning of development and new development), in subsection

(2)(a) leave out “for making good war damage or works begun after 5th

December 1968”.

(3)
In section 336(1), leave out the definition of “war damage”.’.

Member’s explanatory statement

The New Clause removes the exemption from planning control of works to repair war damage

caused in the Second World War and the completion of basement works which were begun before

5th December 1968.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

217

Schedule  6,  page  129,  line  4,  column  2,  at beginning insert ‘Section 74(1)(b)’.

Member’s explanatory statement

The amendment repeals section 74(1)(b) of the TCPA which enables the Secretary of State to direct

that planning permission can be granted inconsistently with the development plan.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

218

Schedule  6,  page  129,  line  4,  column  2,  at beginning insert ‘Section 101’.

Member’s explanatory statement

The revocation of Section 101 and Schedule 8 remove the power for the Secretary of State to ap

point a Planning Inquiry Commission to inquire into proposed development.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

219

Schedule  6,  page  129,  line  10,  column  2,  at beginning insert ‘Schedule 8’.

Member’s explanatory statement

See explanatory statement for amendment 218.

Notices of Amendments: 10th January 2008
80

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

220

Schedule  6,  page  129,  line  10,  column  2,  at beginning insert ‘Section 302’.

Member’s explanatory statement

Section 302 and Schedule 15 relate to enforcement against breaches of planning control carried

out during the Second World War.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

221

Schedule  6,  page  129,  line  10,  column  2,  at beginning insert ‘Schedule 15’.

Member’s explanatory statement

See explanatory statement for amendment 220.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

222

Schedule  6,  page  129,  line  20,  at end insert—

‘Section 43(1) in so far as it relates to section 70B of

the TCPA, 43(2), 43(3) in so far as it relates to

section 81B of the Listed Buildings Act, and 43(4)

in so far as it relates to section 81B.

Sections 45 to 48.

Section 50.’.

Member’s explanatory statement

The amendment repeals various development control provisions in the Planning and Compulsory

Purchase Act 2004 which have not been brought into force: section 45 (amendments to simplified

planning zones), sections 46-48 (planning contributions) and section 50 (dual jurisdiction in ap

peals).

Notices of Amendments: 10th January 2008
81

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

223

Schedule  6,  page  129,  line  21,  at end insert—

‘Planning-gain Supplement
The whole Act.’.

(Preparations) Act 2007 (c. 2)

Member’s explanatory statement

This amendment repeals the Planning-gain Supplement (Preparations) Act 2007.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

224

Clause  5,  page  3,  line  5,  at end insert ‘, which must include flood risk.’.

Member’s explanatory statement

This amendment is designed to ensure that flood risk is taken into consideration as part of the sus

tainability appraisal of the policy set out in a national policy statement.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

225

Clause  5,  page  3,  line  22,  at end insert—

‘(g)
set out the flood risk of identified locations.’.

Member’s explanatory statement

The national policy statements must include an assessment of flood risk if specific locations are

identified.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

226

Clause  9,  page  5,  line  7,  at end insert ‘and the Independent Planning Commission’s

functions’.

Member’s explanatory statement

This amendment places a duty on the Independent Planning Commission as well as the Secretary

of State to consider the sustainability of development in the decision-making process.

Notices of Amendments: 10th January 2008
82

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

227

Clause  32,  page  16,  line  31,  at end insert—

‘(e)
be accompanied by evidence that the applicant has taken all reasonable

steps to secure conformity with the Local Development Framework

policies of the affected local planning authority and where applicants

have departed from local policy, an explanation for any such departure.’.

Member’s explanatory statement

The amendment is designed to ensure that applicants developing major infrastructure projects

take all reasonable steps to ensure that plans are consistent with local plans and priorities before

a formal application is made.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

228

Page  44,  line  35,  leave out Clause 97.

Member’s explanatory statement

To remove the right of the Secretary of State to suspend the decision-making process of the

independent Commission, pending review of a National Policy Statement(s).

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

229

Clause  5,  page  3,  line  2,  at end insert—

‘(2A)
Before designating a statement as a national policy statement for the purposes of

this Act the Secretary of State must publish a process and timetable for the

production of that national policy statement.’.

Member’s explanatory statement

To establish clear processes and a timetable in which the Secretary of State designates existing

documents as National Policy Statements.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

230

Clause  1,  page  1,  line  4,  leave out subsection (1) and insert—

‘(1)
The Secretary of State shall constitute an Infrastructure Planning Commission (in

this Act referred to as “the Commission”) as part of the body corporate of the

Planning Inspectorate.’.

Member’s explanatory statement

Notices of Amendments: 10th January 2008
83

Planning Bill, continued

This amendment is intended to ensure that the proposed Infrastructure Planning Commission

(IPC) is established as part of the Planning Inspectorate rather than as a new body, and only op

erates as and when an application for development consent that falls within its remit is made.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

231

Clause  13,  page  7,  line  21,  leave out subsections (3) to (5).

Member’s explanatory statement

This amendment is intended to ensure that there is not a further centralisation of the planning pro

cess as a result of other infrastructure projects being added to the proposed new planning

regime for nationally significant projects without primary legislation.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

232

Clause  45,  page  21,  line  10,  leave out ‘The Commission may give advice’ and

insert ‘The Secretary of State may, in connection with securing propriety, by regulations

make provision about the giving of advice by an existing government body appointed for

this purpose’.

Member’s explanatory statement

These amendments are intended to ensure that advice for potential applicants for nationally

significant infrastructure development is provided by an existing Government agency.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

233

Clause  45,  page  21,  line  15,  leave out ‘The Commission may not under subsection

(1)’ and insert ‘body appointed by regulations under subsection (1) may not under that

subsection’.

Member’s explanatory statement

See explanatory statement to amendment 232.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

234

Clause  45,  page  21,  line  17,  leave out subsection (3).

Member’s explanatory statement

See explanatory statement to amendment 232.