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| Clause 45, page 21, line 10, leave out ‘The Commission may give advice’ and |
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| insert ‘The Secretary of State may, in connection with securing propriety, by regulations |
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| make provision about the giving of advice by an existing government body appointed for |
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| | Member’s explanatory statement
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| | These amendments are intended to ensure that advice for potential applicants for nationally
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| | significant infrastructure development is provided by an existing Government agency. |
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| Clause 45, page 21, line 13, after ‘representations’, insert ‘including oral |
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| submissions and cross examination of witnesses’. |
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| Clause 45, page 21, line 15, leave out ‘Commission may not under subsection (1)’ |
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| and insert ‘body appointed by regulations under subsection (1) may not under that |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 232. |
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| Clause 45, page 21, line 17, leave out subsection (3). |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 232. |
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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 |
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| | unnecessary and is deleted. |
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| Clause 45, page 21, line 25, leave out ‘Commission’ and insert ‘appointed body’. |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 232. |
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| Clause 46, page 21, line 41, at end insert— |
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| | ‘(2A) | The applicant shall pay the recipient’s reasonable costs of complying with the |
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| Clause 46, page 22, line 17, leave out ‘14’ and insert ‘56’. |
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| Clause 46, page 22, line 17, leave out ‘14’ and insert ‘28’. |
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| | Member’s explanatory statement
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| | This amendment gives a reasonable time to landowners to respond to requests for information. |
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| Clause 47, page 23, line 11, at end insert— |
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| | ‘(1A) | Subsection (1) shall come into force on such a day as the Secretary of State may |
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| | by order made by statutory instrument appoint.’. |
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| Clause 47, page 23, line 27, leave out ‘14’ and insert ‘56’. |
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| Clause 48, page 24, line 16, leave out from ‘land’ to end of line 17. |
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| Clause 48, page 24, line 21, leave out subsections (3) and (4). |
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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 |
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| | complied 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 |
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| | representations 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 |
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| | consultation and publicity (Clause 49(3)(d)). The amendment extends the ‘adequacy-of- |
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| | consultation representation’ to include comments whether account has been taken of those |
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| Clause 50, page 25, line 29, at end insert ‘and who must include persons consulted |
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| Clause 50, page 25, line 33, after ‘London,’, insert— |
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| | ‘(ca) | the relevant passenger transport authority or authorities in cases where |
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| | the proposed application would have impacts on the provision of |
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| | transport in their area or areas,’. |
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| Clause 50, page 25, line 42, leave out ‘28’ and insert ‘56’. |
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| Clause 50, page 26, line 6, at end insert— |
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| | ‘(7A) | The publicity of the application shall include, as a minimum, advertising the |
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| | application for two consecutive weeks in a newspaper circulating in the locality |
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| | of the application and in the Gazette.’. |
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| Clause 50, page 26, line 6, at end insert— |
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| | ‘(7B) | The application shall be made available for inspection by the public at a |
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| | reasonably convenient location within the vicinity of the application site and on |
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| | (7C) | The public may obtain paper and electronically recorded copies of the application |
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| | for no more than the cost of copying the material.’. |
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| Clause 50, page 26, line 10, at end insert— |
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| | ‘(8A) | The deadline referred to in subsection (8) shall be not less than 28 days from the |
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| | first publication of notice of the application.’. |
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| Clause 53, page 27, line 28, leave out from ‘(2)’ to ‘must’ and insert ‘the Secretary |
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| Clause 53, page 27, line 31, leave out ‘single Commissioner under Chapter 3’ and |
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| insert ‘Planning Inspector’. |
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| Clause 53, page 27, line 35, leave out ‘single Commissioner under Chapter 3’ and |
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| insert ‘Planning Inspector’. |
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| Clause 53, page 27, line 41, leave out ‘and’. |
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| Clause 53, page 27, line 42, at end insert ‘, and |
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| | (d) | the relevant local planning authorities.’. |
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| Clause 53, page 28, line 1, leave out ‘or’. |
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| Clause 53, page 28, line 2, at end insert ‘, or |
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| | (c) | by the relevant local planning authorities.’. |
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| Clause 53, page 28, line 4, leave out ‘single Commissioner under Chapter 3’ and |
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| insert ‘Planning Inspector’. |
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| Clause 54, page 28, line 7, leave out ‘single Commissioner under Chapter 3’ and |
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| insert ‘Planning Inspector’. |
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| Clause 54, page 28, line 8, leave out from ‘(2)’ to ‘may’ and insert ‘the Secretary of |
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| Clause 54, page 28, line 12, leave out ‘single Commissioner under Chapter 3’ and |
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| insert ‘Planning Inspector’. |
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| Clause 54, page 28, line 23, leave out ‘or’. |
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| Clause 54, page 28, line 24, at end insert ‘or |
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| | (c) | by the relevant local planning authorities.’. |
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| Clause 54, page 28, line 26, leave out ‘single Commissioner under Chapter 3’ and |
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| insert ‘Planning Inspector’. |
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| Clause 54, page 28, line 26, at end add— |
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| | ‘(6) | A person making a decision under subsection (2) must publish a statement setting |
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| | out the reasons for their decision.’. |
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| Clause 55, page 29, line 1, leave out subsection (7). |
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| Clause 55, page 29, line 12, leave out subsection (10). |
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| Clause 57, page 29, line 28, leave out from ‘(1)’ to ‘must’ and insert ‘The Secretary |
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| Clause 57, page 29, line 39, leave out ‘and’. |
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| Clause 57, page 29, line 40, at end insert ‘and |
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| | (d) | the relevant local planning authorities.’. |
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| Clause 57, page 30, line 3, leave out ‘or’. |
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| Clause 57, page 30, line 4, after ‘Commission’, insert ‘or |
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| | (c) | the relevant local planning authorities.’. |
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| Clause 57, page 30, line 5, at end add— |
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| | ‘(6) | The person appointed to make appointments under subsection (1) shall do so on |
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| | the advice of the Council.’. |
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| Clause 58, page 30, line 15, after ‘(5)’, insert ‘The Secretary of State may in |
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| Clause 58, page 30, line 16, leave out ‘may’. |
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| Clause 58, page 30, line 17, leave out ‘the Chair’ and insert ‘the Secretary of State’. |
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