Public Bill Committee: 17th January 2008

187

Planning Bill, continued

John Healey

101

Clause  13,  page  7,  line  15,  after ‘construction’ insert ‘or alteration’.

Member’s explanatory statement

This amendment (together with amendments 131 and 132) expands the types of rail freight

interchange development which are nationally significant infrastructure projects.

John Healey

102

Clause  13,  page  7,  line  16,  leave out ‘extension’ and insert ‘alteration’.

Member’s explanatory statement

This amendment (together with amendments 134, 135 and 136) changes the types of dam or

reservoir development which are nationally significant infrastructure projects.

John Healey

103

Clause  13,  page  7,  line  18,  after ‘construction’ insert ‘or alteration’.

Member’s explanatory statement

This amendment (together with amendment 140) expands the types of waste water treatment plant

development which are nationally significant infrastructure projects.

Dan Rogerson

Tom Brake

161

Clause  13,  page  7,  line  19,  leave out paragraph (m).

John Healey

104

Clause  13,  page  7,  line  19,  after ‘construction’ insert ‘or alteration’.

Member’s explanatory statement

This amendment (together with amendment 142) expands the types of hazardous waste

development which are nationally significant infrastructure projects.

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

89

Clause  13,  page  7,  line  21,  leave out subsections (3) to (5).

John Healey

105

Clause  13,  page  7,  line  28,  after ‘if’ insert ‘— (a)’.

Member’s explanatory statement

This amendment (together with amendments 106, 107 and 108) enables the Secretary of State to

add certain offshore developments to the categories of nationally significant infrastructure

projects.

Public Bill Committee: 17th January 2008

188

Planning Bill, continued

John Healey

106

Clause  13,  page  7,  line  29,  leave out ‘England in the field of—’ and insert ‘one or

more of the fields specified in subsection (6), and

(b)	the works are to be carried out wholly in one or more of the areas

specified in subsection (7).

(6)	The fields are—’.

Member’s explanatory statement

See Member's explanatory statement for amendment 105.

John Healey

107

Clause  13,  page  7,  line  33,  leave out ‘or’.

Member’s explanatory statement

See Member's explanatory statement for amendment 105.

John Healey

108

Clause  13,  page  7,  line  34,  at end add—

‘(7)	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 105.

John Healey

109

Clause  14,  page  7,  line  38,  leave out ‘will’ and insert ‘is expected to’.

Member’s explanatory statement

This amendment makes a minor technical amendment to address the fact that, before a generating

station is constructed or extended, it may not be possible to say with certainty what its capacity

will be.

Mr Elfyn Llwyd

366

Clause  14,  page  8,  line  1,  leave out ‘or Wales’.

Mr Elfyn Llwyd

367

Clause  14,  page  8,  line  3,  leave out ‘so’ and insert ‘100’.

Mr Elfyn Llwyd

368

Clause  14,  page  8,  line  3,  at end insert ‘installed capacity’.

Public Bill Committee: 17th January 2008

189

Planning Bill, continued

Mr Elfyn Llwyd

369

Clause  14,  page  8,  line  8,  leave out ‘or Wales’.

John Healey

110

Clause  14,  page  8,  line  8,  leave out ‘between the mean low water mark and’ and

insert ‘up to’.

Member’s explanatory statement

This amendment ensures that a generating station is an “offshore” generating station (and so

subject to a higher capacity threshold for being a nationally significant infrastructure project)

even if it is situated in waters that are above the mean low water mark.

Dan Rogerson

Tom Brake

76

Clause  14,  page  8,  line  11,  at end add—

‘(5)	The Secretary of State shall annually undertake a review of the threshold

specified in subsection (2)(c) and publish a report.’.

John Healey

111

Clause  15,  page  8,  line  23,  leave out ‘not exceeding’ and insert ‘that is not expected

to exceed’.

Member’s explanatory statement

This amendment makes a minor technical amendment to address the fact that, before an electric

line is installed, it may not be possible to say with certainty what its nominal voltage will be.

John Healey

112

Clause  15,  page  8,  line  23,  leave out ‘used or’.

Member’s explanatory statement

This amendment and amendment 113 make minor technical amendments to address the fact that,

before an electric line is installed, it will not have been used and will not be within premises.

John Healey

113

Clause  15,  page  8,  line  25,  leave out ‘the line is or (when installed)’ and insert

‘(when installed) the line’.

Member’s explanatory statement

See Member's explanatory statement for amendment 112.

John Healey

114

Clause  16,  page  8,  line  30,  leave out ‘storage of gas’ and insert ‘gas storage

facilities’.

Member’s explanatory statement

Public Bill Committee: 17th January 2008

190

Planning Bill, continued

This amendment and amendments 116, 118 and 121 are minor drafting amendments consequent

on the changes made by amendments 115, 117, 119 and 120 to the types of gas storage project that

are nationally significant infrastructure projects.

John Healey

115

Clause  16,  page  8,  line  31,  leave out ‘or (3)’ and insert ‘, (3) or (3B)’.

Member’s explanatory statement

This amendment (with amendments 117, 119 and 120) changes the types of gas storage project

which are nationally significant infrastructure projects. Thresholds consisting of a specified

working capacity and maximum flow rate are added. The alteration of facilities is covered as well

as their initial creation or use.

John Healey

116

Clause  16,  page  8,  line  33,  leave out ‘facilities for the underground storage of gas’

and insert ‘underground gas storage facilities’.

Member’s explanatory statement

See Member's explanatory statement for amendment 114.

John Healey

117

Clause  16,  page  8,  line  35,  leave out from ‘use’ to end and insert ‘underground gas

storage facilities in England,

and the condition in subsection (3A) is met in relation to the facilities.’.

Member’s explanatory statement

See Member's explanatory statement for amendment 115.

John Healey

118

Clause  16,  page  8,  line  37,  leave out from ‘use’ to end of line 38 and insert

‘underground gas storage facilities in Wales,

(aa)	the facilities are facilities for the storage of gas underground in natural

porous strata,’.

Member’s explanatory statement

See Member's explanatory statement for amendment 114.

John Healey

119

Clause  16,  page  8,  line  39,  after ‘transporter’ insert ‘, and

(c)	the condition in subsection (3A) is met in relation to the facilities.’.

Member’s explanatory statement

See Member's explanatory statement for amendment 115.

John Healey

120

Clause  16,  page  8,  line  39,  at end insert—

‘(3A)

The condition is that—

(a)	the working capacity of the facilities is expected to be at least 43 million

standard cubic metres, or

(b)	the maximum flow rate of the facilities is expected to be at least 4.5

million standard cubic metres per day.

(3B)	Development is within this subsection if—

Public Bill Committee: 17th January 2008

191

Planning Bill, continued

(a)	it is the carrying out of operations for the purpose of altering underground

gas storage facilities in England, and

(b)	the effect of the alteration is expected to be—

(i)	to increase by at least 43 million standard cubic metres the

working capacity of the facilities, or

(ii)	to increase by at least 4.5 million standard cubic metres per day

the maximum flow rate of the facilities.

(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

Public Bill Committee: 17th January 2008

192

Planning Bill, continued

(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

“nationally significant”.

Mr Clive Betts

87

Clause  18,  page  9,  leave out line 43.

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 13(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;

Public Bill Committee: 17th January 2008

193

Planning Bill, continued

“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

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.

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Revised 17 January 2008