House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 15th January 2008
125

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

256

Clause  27,  page  13,  line  30,  leave out ‘is required’ and insert ‘may be applied for’.

Member’s explanatory statement

See explanatory statement to amendment 255.

Mrs Jacqui Lait

Robert Neill

9

Clause  27,  page  13,  line  32,  leave out ‘Commission’ and insert ‘High Court’.

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.’.

John Healey

143

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

Member’s explanatory statement

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.

Public Bill Committee: 15th January 2008
126

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

257

Clause  29,  page  14,  line  30,  leave out ‘required’ and insert ‘obtained’.

Member’s explanatory statement

See explanatory statement to amendment 255.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

258

Clause  29,  page  15,  line  8,  leave out ‘required’ and insert ‘obtained’.

Member’s explanatory statement

See explanatory statement to amendment 255.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

259

Clause  29,  page  15,  line  9,  leave out ‘may’ and insert ‘is required to’.

Member’s explanatory statement

See explanatory statement to amendment 255.

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).

Dan Rogerson

Tom Brake

165

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

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

Public Bill Committee: 15th January 2008
127

Planning Bill, continued

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

as in relation to development in England.

Dan Rogerson

Tom Brake

239

Clause  30,  page  15,  line  43,  leave out from ‘England’ to end of line 44.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

260

Clause  30,  page  15,  line  44,  leave out ‘project’ and insert ‘development’.

Member’s explanatory statement

This amendment requires the development in the application to be of national significance.

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.

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’.

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.

Public Bill Committee: 15th January 2008
128

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.

Mrs Jacqui Lait

Robert Neill

10

Clause  32,  page  16,  line  25,  at end insert—

‘(2A)
An order granting development consent may also be issued by the High Court

consequent on a decision under section 27(2).’.

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.

Public Bill Committee: 15th January 2008
129

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

201

Clause  32,  page  17,  line  5,  leave out ‘section 42(5)’ and insert ‘sections 37, 42 and

43’.

Member’s explanatory statement

The amendment extends the scope of the consultation report to consultation under Clause 37 and

publicity under Clause 43, from community consultation under Clause 42, in line with Clause

49(5).

Dan Rogerson

Tom Brake

167

Page  17,  line  35,  leave out Clause 35.

Mrs Jacqui Lait

Robert Neill

11

Clause  37,  page  18,  line  17,  at end insert ‘and who must include residents affected

by the proposed application’.

Mr Clive Betts

83

Clause  37,  page  18,  line  19,  after ‘London,’, insert—

‘(ca)
the relevant passenger transport authority or authorities in cases where

the proposed application would have impacts on the provision of

transport in their area or areas,’.

Mrs Jacqui Lait

Robert Neill

12

Clause  37,  page  18,  line  22,  leave out ‘may’ and insert ‘shall’.

John Healey

51

Clause  38,  page  18,  line  33,  leave out ‘district council’ and insert ‘county council,

or district council,’.

Member’s explanatory statement

Clauses 37 and 38 require the applicant to consult the district council in an area where there are

two tiers of local authority. This amendment (read with amendment 52) has the effect that the

county council must also be consulted in such an area.

Public Bill Committee: 15th January 2008
130

Planning Bill, continued

John Healey

52

Clause  38,  page  18,  leave out lines 34 and 35.

Member’s explanatory statement

See Member's explanatory statement for amendment 51.

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 add—

‘(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’.

Public Bill Committee: 15th January 2008
131

Planning Bill, continued

Mr Elfyn Llwyd

Dan Rogerson

Tom Brake

62

Clause  40,  page  19,  line  35,  leave out ‘28’ and insert ‘56’.

Mr Elfyn Llwyd

63

Clause  42,  page  20,  line  8,  at end add ‘and those who might be significantly

affected by the development’.

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.

(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.’.

Mr Clive Betts

326


Clause  44,  page  20,  line  37,  at end insert ‘and to a statement of impacts and

mitigation made under section (Duty to identify and mitigate adverse impacts).’.