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Planning Bill, continued

(d)	the highway is proposed to be (or to be part of) a highway of a type within

subsection (4).

(3)	Improvement of a highway is within this subsection if—

(a)	it is to take place outside the boundary of the highway,

(b)	the highway is wholly in England,

(c)	the Secretary of State is the highway authority for the highway, and

(d)	the highway is (or is part of) a highway of a type within subsection (4).

(4)	The types of highway referred to in subsections (2)(d) and (3)(d) are—

(a)	a trunk road;

(b)	a special road;

(c)	a highway the construction of which is a project in respect of which the

Secretary of State is required to publish an environmental statement

under section 105A(3) of the Highways Act 1980;

(d)	a cycle track or footpath on land separated by intervening land from a

trunk road in connection with which it is to be used.

(5)	Development is within this subsection if—

(a)	it is the improvement, raising, lowering or other alteration of a highway,

(b)	the highway is wholly in England, and

(c)	the highway—

(i)	crosses or enters the route of a trunk road or special road, or

(ii)	is (or will be) otherwise affected by the construction or

improvement of a trunk road or special road.

(6)	Construction of a highway is within this subsection if—

(a)	the highway will (when constructed) be wholly in England,

(b)	the highway is to be constructed for a purpose connected with—

(i)	development within subsection (5), or

(ii)	a trunk road or special road, or

(iii)

the construction of a trunk road or special road.

(7)	The following terms have the meanings given by section 329(1) of the Highways

Act 1980—

“cycle track”;

“footpath”;

“improvement”.’.

Member’s explanatory statement

This New Clause changes the types of highway developments which are nationally significant

infrastructure projects. Certain alteration and improvement work relating to highways is being

brought into this category. The categories of highway construction projects are expanded.

Geographically-specified national policy statements

Dan Rogerson

Tom Brake

NC3

To move the following Clause:—

‘(1)	This section sets out the requirements for national policy statements which make

particular reference to specific geographical areas under section 5(5)(d).

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Planning Bill, continued

(2)	Where a proposal for a national policy statement is made by the Secretary of State

with implications for a specific geographical area, the Secretary of State shall

commission and fund an assessment by the relevant local planning authority, or

authorities, of—

(a)	whether the proposal is consonant with the principles enumerated in the

authority’s local development documents as defined in section 17 of the

Planning and Compulsory Purchase Act 2004,

(b)	the likely impact of the proposal on communities within the local

authority area,

(c)	whether the proposal meets with the approval of persons residing in the

relevant local authority area, and

(d)	any other matter which the relevant planning authority considers

appropriate.

(3)	A local authority area is within subsection (2) if any of the locations concerned is

in the authority’s area, or a neighbouring authority’s area.

(4)	A “proposal” in subsection (2) shall be defined as in section 7(3).’.

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.

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Planning Bill, continued

Abolition of planning contributions

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

NC5

To move the following Clause:—

‘Sections 46 (planning contribution), 47 (planning contribution: regulations), 48

(planning contribution: Wales) of the Planning and Compulsory Purchase Act

2004 are omitted.’.

Parliamentary consideration of national policy statements

Mr Clive Betts

NC6

To move the following Clause:—

‘(1)	The Secretary of State shall lay before Parliament a draft of a statement which the

Secretary of State proposes to designate as a national policy statement for the

purposes of this Act.

(2)	The Secretary of State may not lay a national policy statement before Parliament

under section 5(1)(d) until after the expiry of the period of Parliamentary

consideration of the draft of that statement, as defined by subsection (3).

(3)	The period for Parliamentary consideration of a draft national policy statement

means the period of 60 days beginning on the day on which it was laid before

Parliament.

(4)	In reckoning the period of 60 days referred to in subsection (4), no account shall

be taken of any time during which Parliament is dissolved or prorogued or during

which either House is adjourned for more than four days.

(5)	In preparing a national policy statement under section 5 following the laying of a

draft of that statement under subsection (1) of this section, the Secretary of State

concerned shall have regard to any representations made during the period for

Parliamentary consideration and, in particular, to any resolution or report of, or

of any committee of, either House of Parliament with regard to the document.

(6)	Together with a national policy statement laid before Parliament under section

5(d), the Secretary of State concerned shall lay a statement giving details of—

(a)	any representations, resolution or report falling within subsection (5);

and

(b)	the changes (if any) which, in the light of any such representations,

resolution or report, the Secretary of State has made to the draft of the

statement laid before Parliament under subsection (1).’.

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Planning Bill, continued

Duty to identify and mitigate adverse impacts

Mr Clive Betts

nc8

To move the following Clause:—

‘(1)	Further to the applicant’s duties under section 42, the applicant must prepare a

statement of impacts and mitigation identifying those effects of the proposed

application that have been identified in response to the consultation under section

42 as adverse to the interests of respondents and the steps (if any) that the

applicant proposes to take to respond to those impacts.

(2)	For each instance of an adverse impact, the statement of impacts and mitigation

must set out the applicant’s proposal for mitigating action to be taken by the

applicant, or must state that no mitigating action is to be taken.

(3)	A statement of impacts and mitigation may propose no mitigating action where it

appears to the applicant that—

(a)	the adverse impact is insignificant and mitigating action is not warranted,

or

(b)	mitigating action would be unreasonable due to disproportionate cost,

adverse collateral effects on other interests or because it would be

otherwise not in the public interest.

(4)	The Commission must provide guidance to the applicants on the factors to be

considered in identifying impacts and mitigating actions and on circumstances in

which no mitigating action may be taken pursuant to subsection (3).

(5)	In preparing the statement of impacts and mitigation, the applicant must have

regard to—

(a)	any relevant response received by the applicant to consultation under

section 44(2), and

(b)	any guidance given by the Commission under subsection (4).’.

Order of the House [10th December 2007]

That the following provisions shall apply to the Planning Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 5th February 2008.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

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Planning Bill, continued

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [8th JANUARY 2008]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

8th Janurary) meet—

(a)	at 4.00 p.m. on Tuesday 8th January;

(b)	at 9.00 a.m. and 1.00 p.m. on Thursday 10th January;

(c)	at 10.30 a.m. and 4.00 p.m. on Tuesday 15th January;

(d)	at 9.00 a.m. and 1.00 p.m. on Thursday 17th January;

(e)	at 10.30 a.m. and 4.00 p.m. on Tuesday 22nd January;

(f)	at 9.00 a.m. and 1.00 p.m. on Thursday 24th January;

(g)	at 10.30 a.m. and 4.00 p.m. on Tuesday 29th January;

(h)	at 9.00 a.m. and 1.00 p.m. on Thursday 31st January;

(i)	at 10.30 a.m. and 4.00 p.m. on Tuesday 5th February;

(2)	the Committee shall hear oral evidence in accordance with the following

Table:

TABLE

	Date	Time	Witness
	Tuesday 8th January	Until no later than 11.40 a.m.	Confederation of British Industry
	Tuesday 8th January	Until no later than 12.20 p.m.	UK Business Council for
			Sustainable Energy
	Tuesday 8th January	Until no later than 1.00 p.m.	UK Major Ports Group
	Tuesday 8th January	Until no later than 4.50 p.m.	Royal Town Planning Institute
	Tuesday 8th January	Until no later than 5.30 p.m.	Local Government Association
	Tuesday 8th January	Until no later than 6.15 p.m.	Planning Inspectorate
	Tuesday 8th January	Until no later than 7.00 p.m.	Home Builders Federation and
			British Property Federation
	Thursday 10th January	Until no later than 9.45 a.m.	Friends of the Earth
	Thursday 10th January	Until no later than 10.25 a.m.	Environment Agency
	Thursday 10th January	Until no later than 1.40 p.m.	Energy Networks Association
	Thursday 10th January	Until no later than 2.20 p.m.	Campaign to Protect Rural
			England
	Thursday 10th January	Until no later than 4.00 p.m.	Department for Communities and
			Local Government

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clause 1; Schedule 1; Clauses 2 to 31; Schedule 2; Clauses

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Planning Bill, continued

32 to 157; Schedule 3; Clauses 158 and 159; Schedule 4; Clause 160;

Schedule 5; Clauses 161 to 185; Schedule 6; Clauses 186 to 189; new

Clauses; new Schedules; remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 p.m. on Tuesday 5th February.

NOTICES WITHDRAWN

The following Notices have been withdrawn:

John Healey

124

Clause  18,  page  9,  line  36,  leave out subsections (1) and (2) and insert—

‘(1)	Highway-related development is within section 13 (1)(e) only if—

(a)	it is the construction of a highway in a case within subsection (2) or (6),

(b)	it is the improvement of a highway in a case within subsection (3) or (5),

or

(c)	it is the alteration of a highway in a case within subsection (5).

(2)	Construction of a highway is within this subsection if—

(a)	the construction is to take place outside the boundary of an existing

highway,

(b)	the highway will (when constructed) be wholly in England,

(c)	the Secretary of State will be the highway authority for the highway, and

(d)	the highway is proposed to be (or to be part of) a highway of a type within

subsection (4).

(3)	Improvement of a highway is within this subsection if—

(a)	it is to take place outside the boundary of the highway,

(b)	the highway is wholly in England,

(c)	the Secretary of State is the highway authority for the highway, and

(d)	the highway is (or is part of) a highway of a type within subsection (4).

(4)	The types of highway referred to in subsections (2)(d) and (3)(d) are—

(a)	a trunk road;

(b)	a special road;

(c)	a highway the construction of which is a project in respect of which the

Secretary of State is required to publish an environmental statement

under section 105A(3) of the Highways Act 1980;

(d)	a cycle track or footpath on land separated by intervening land from a

trunk road in connection with which it is to be used.

(5)	Development is within this subsection if—

(a)	it is the improvement, raising, lowering or other alteration of a highway,

(b)	the highway is wholly in England, and

(c)	the highway—

(i)	crosses or enters the route of a trunk road or special road, or

(ii)	is (or will be) otherwise affected by the construction or

improvement of a trunk road or special road.

(6)	Construction of a highway is within this subsection if—

(a)	the highway will (when constructed) be wholly in England,

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Planning Bill, continued

(b)	the highway is to be constructed for a purpose connected with—

(i)	development within subsection (5), or

(ii)	a trunk road or special road, or

(iii)

the construction of a trunk road or special road.

(7)	The following terms have the meanings given by section 329(1) of the Highways

Act 1980—

“cycle track”;

“footpath”;

“improvement”.’.

Mr Clive Betts

87

Clause  18,  page  9,  leave out line 43.

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Revised 15 January 2008