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| Clause 7, page 4, line 23, at end insert— |
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| | ‘(5A) | The publicity to be taken under subsection (5) shall include advertisement in a |
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| | newspaper circulating in the locality, the display of one or more site notices at the |
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| | location and placing copies of the proposal and relevant supporting material for |
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| | inspection by the public at one or more places in or convenient to the location.’. |
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| | Member’s explanatory statement
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| | The amendment provides minimum standards of publicity in locations identified as suitable or |
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| | potentially suitable for a specified description of a development. |
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| Clause 7, page 4, line 23, at end insert— |
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| | ‘(5B) | If subsection (5) applies, any authority required to be consulted under section 8 |
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| | shall also be consulted on the proposal. |
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| | (5C) | If subsection (5) applies, the Secretary of State shall consult any parish or town |
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| | council (if in England) or any community council (if in Wales) whose area |
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| | includes the location or is within 10 miles of the location.’. |
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| | Member’s explanatory statement
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| | Clause 8 requires the Secretary of State to consult various authorities as to the appropriate |
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| | publicity to give to location specific proposals. The amendment requires that those authorities are |
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| | consulted upon the proposals themselves. It also requires town and parish councils and community |
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| | councils in the vicinity to be consulted. |
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| Clause 7, page 4, line 25, at end add ‘with or without modifications’. |
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| | Member’s explanatory statement
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| | This amendment makes clear that the Secretary of State can modify the proposals after
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| Clause 7, page 4, line 25, at end add— |
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| | ‘(7) | Where a national policy statement refers to a geographically specific part of the |
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| | country, the Secretary of State must, in arranging publicity under subsection (2), |
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| | arrange for publicity to be made available in at least two local newspapers in the |
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| | relevant area, where published.’. |
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| Clause 7, page 4, line 25, at end add— |
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| | ‘(7) | The Secretary of State shall give reasons for designating a statement as a national |
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| | policy statement, including his reasons for not following any representations |
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| Clause 8, page 4, line 40, leave out ‘district council’ and insert ‘county council, or |
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| | Member’s explanatory statement
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| | Clause 8 requires the Secretary of State to consult the district council in an area where there are |
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| | two tiers of local authority. This amendment (read with amendment 50) has the effect that the |
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| | county council must also be consulted in such an area. |
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| Clause 8, page 4, leave out lines 41 and 42. |
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| | Member’s explanatory statement
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| | See Member's explanatory statement for amendment 49. |
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| Clause 9, page 5, line 7, at end insert ‘and the Independent Planning Commission’s |
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| | Member’s explanatory statement
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| | This amendment places a duty on the Independent Planning Commission as well as the Secretary |
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| | of State to consider the sustainability of development in the decision-making process. |
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| Clause 9, page 5, line 9, at end add— |
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| | ‘(3) | “Sustainable development” is defined as enabling people to satisfy their basic |
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| | needs and enjoy a better quality of life, without compromising the quality of life |
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| Clause 9, page 5, line 9, at end add— |
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| | ‘(3) | In carrying out functions under sections 5 and 6 the Secretary of State shall have |
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| | (a) | all relevant international obligations included under the Habitats |
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| | (b) | carbon implications and targets set out for carbon emissions; |
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| | (c) | the biodiversity duty in section 40 of the Natural Environment and Rural |
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| Clause 10, page 5, line 24, at end add— |
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| | ‘(4) | The Secretary of State must report on the progress of the review at 28 day |
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| Clause 11, page 5, line 32, at end insert— |
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| | ‘(1A) | No statement referred to within subsection (1) above may be designated as a |
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| | national policy statement or referred to in such a statement unless it has been |
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| | subject to environmental assessment in accordance with the Environmental |
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| | Assessment of Plans and Programmes Directive 2001/42/EC and regulations |
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| | implementing that Directive.’. |
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| | Member’s explanatory statement
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| | The amendment requires a pre-existing statement which is to be designated as a national policy |
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| | statement to have been subject to strategic environmental assessment. |
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| Clause 11, page 5, line 36, leave out subsection (3). |
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| | Member’s explanatory statement
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| | The amendment requires consultation on a proposed national policy statement to take place under |
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| | the Act and so excludes reliance on pre-commencement consultation. |
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| Page 5, line 25, leave out Clause 11. |
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| Clause 12, page 6, line 6, leave out ‘6’ and insert ‘12’. |
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| | Member’s explanatory statement
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| | The amendment increases the period for bringing proceedings from six weeks to 12 weeks. |
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| Clause 12, page 6, line 12, leave out from ‘review’ to end of line 14. |
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| Clause 12, page 6, line 13, leave out ‘6’ and insert ‘12’. |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 195. |
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| Clause 12, page 6, line 14, after ‘day’, insert ‘of publication’. |
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| | Member’s explanatory statement
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| | This amendment makes the time for bringing a challenge run from the publication of the
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| | Secretary of State’s act. |
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| Clause 12, page 6, line 18, leave out ‘6’ and insert ‘12’. |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 195. |
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| Clause 12, page 6, line 19, leave out ‘State complies’ and insert ‘State’s |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 248. |
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| Clause 12, page 6, line 20, at end insert ‘is published’. |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 248. |
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| Clause 12, page 6, line 25, leave out ‘6’ and insert ‘12’. |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 195. |
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| Clause 12, page 6, line 26, leave out ‘State complies’ and insert ‘State’s |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 248. |
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| Clause 12, page 6, line 27, at end insert ‘is published’. |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 248. |
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| Clause 12, page 6, line 32, leave out ‘6’ and insert ‘12’. |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 195. |
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| Clause 12, page 6, line 33, at end insert ‘or (if later) published’. |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 248. |
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| Clause 12, page 6, line 38, leave out ‘6’ and insert ‘12’. |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 195. |
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| Clause 12, page 6, line 39, after ‘day’, insert ‘of publication’. |
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| | Member’s explanatory statement
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| | See explanatory statement to amendment 248. |
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| Page 6, line 1, leave out Clause 12. |
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| | Member’s explanatory statement
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| | The amendment deletes Clause 12 on legal challenges. The effect is that any proceedings will be |
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| | brought under the normal provisions on judicial review, which provide for claims to be brought |
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| | within three months and promptly. |
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| Clause 13, page 7, line 9, leave out ‘storage of gas’ and insert ‘gas storage |
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| | Member’s explanatory statement
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| | This amendment is consequent on the changes made by amendments 115, 117, 119 and 120 to the |
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| | types of gas storage project that are nationally significant infrastructure projects. |
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| Clause 13, page 7, line 9, at end insert— |
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| | ‘(ca) | the construction or alteration of an LNG facility; |
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| | (cb) | the construction or alteration of a gas reception facility;’. |
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| | Member’s explanatory statement
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| | This amendment (together with NC1 and NC2) adds the development of certain types of gas facility |
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| | to the categories of nationally significant infrastructure projects. |
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| Clause 13, page 7, line 11, leave out ‘the construction of a highway’ and insert |
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| ‘highway-related development’. |
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| | Member’s explanatory statement
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| | This amendment (together with amendment 124) changes the types of highway development which |
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| | are nationally significant infrastructure projects. |
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| Clause 13, page 7, line 12, leave out ‘extension’ and insert ‘alteration’. |
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| | Member’s explanatory statement
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| | This amendment (together with amendment 125) changes the types of airport development which |
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| | are nationally significant infrastructure projects. |
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| Clause 13, page 7, line 13, leave out ‘extension’ and insert ‘alteration’. |
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| | Member’s explanatory statement
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| | This amendment (together with amendments 126 and 128) changes the types of harbour |
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| | development which are nationally significant infrastructure projects. |
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