Public Bill Committee: 15th January 2008

118

Planning Bill, continued

(3C)	“Underground gas storage facilities” means facilities for the storage of gas

underground in cavities or in porous strata.

(3D)	In this section—

“gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (see

section 7(1) of that Act);

“maximum flow rate”, in relation to underground gas storage facilities,

means the maximum rate at which gas is able to flow out of the facilities,

on the assumption that—

(a)	the facilities are filled to maximum capacity, and

(b)	the rate is measured after any processing of gas required on its

recovery from storage;

“working capacity”, in relation to underground gas storage facilities, means

the capacity of the facilities for storage of gas underground, ignoring any

capacity for storage of cushion gas.

(3E)	In subsection (3D) “cushion gas” means gas which is kept in underground gas

storage facilities for the purpose of enabling other gas stored there to be recovered

from storage.’.

Member’s explanatory statement

See Member's explanatory statement for amendment 115.

John Healey

121

Clause  16,  page  8,  line  40,  leave out subsection (4).

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

constructed, 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

transitional provision to ensure that pipe-lines authorised under the existing legislation can be

Public Bill Committee: 15th January 2008

119

Planning Bill, continued

“nationally significant”.

John Healey

281

Page  9,  line  35,  leave out Clause 18.

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—

(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

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120

Planning Bill, continued

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

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

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

John Healey

James Duddridge

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

harbour facilities which are nationally significant infrastructure projects. Alteration works are

included 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.

James Duddridge

79

Clause  20,  page  10,  line  23,  leave out ‘or extended’.

John Healey

128

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

‘(1A)

The alteration of harbour facilities is within section 13(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.

James Duddridge

80

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

‘(1A)

The extension of harbour facilities is within section 13(1)(g) only if the harbour

facilities will (when extended) be capable of handling the embarkation or

disembarkation of at least the relevant quantity of material per year in addition to

their existing capacity.’.

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121

Planning Bill, continued

James Duddridge

81

Clause  20,  page  10,  line  27,  leave out ‘500,000’ and insert ‘250,000’.

James Duddridge

82

Clause  20,  page  10,  line  28,  leave out ‘250,000’ and insert ‘150,000’.

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—

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—

where y is the number of units that the facilities are capable of handling;

(c)	to the extent that the facilities are for cargo ships of any other

description—

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

significant infrastructure project if the development will provide capacity for a mixture of types of

ships.

Public Bill Committee: 15th January 2008

122

Planning Bill, continued

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’.

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

(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,

before 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

development that are nationally significant infrastructure projects, by covering alterations to

dams and reservoirs rather than extensions.

Public Bill Committee: 15th January 2008

123

Planning Bill, continued

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

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

what its effect will be.

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 13(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.

Public Bill Committee: 15th January 2008

124

Planning Bill, continued

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 13(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.

Dan Rogerson

Tom Brake

163

Page  13,  line  2,  leave out Clause 26.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

255

Clause  27,  page  13,  line  24,  leave out ‘is required’ and insert ‘may be applied for’.

Member’s explanatory statement

This amendment allows the promoter of a scheme to choose between applying to the IPC or

applying under the existing regimes to the local planning authority or the Secretary of State.

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Revised 15 January 2008