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| Clause 84, page 39, line 12, at end insert ‘and to cross-examine witnesses’. |
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| Clause 84, page 39, line 12, at end add ‘and to call and to cross-examine |
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| | Member’s explanatory statement
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| | This amendment allows a person at the open-floor hearings to call and cross-examine witnesses. |
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| Clause 84, page 39, line 12, at end add— |
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| | ‘(4) | Any deadline fixed under subsection (1) shall not be less than 56 days after the |
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| | day on which the date of the open-floor hearing is announced.’. |
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| Clause 85, page 39, line 23, leave out from beginning to second ‘the’ in line 24. |
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| Clause 85, page 39, leave out lines 23 to 25. |
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| Clause 85, page 39, line 25, at end insert ‘but where a local planning authority |
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| requests that a party be cross-examinied, the Examining Authority will be obliged to grant |
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| Clause 85, page 39, line 39, leave out subsection (7). |
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| Clause 85, page 39, line 43, leave out ‘exceptionally’. |
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| Clause 85, page 39, line 44, leave out ‘necessary’ and insert ‘appropriate’. |
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| Clause 87, page 40, line 45, at end insert ‘and’. |
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| Clause 87, page 41, line 3, leave out from ‘application’ to end of line 5. |
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| Page 42, line 8, leave out Clause 91. |
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| Clause 92, page 42, line 17, at end insert— |
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| | ‘(aa) | the person has an interest in land to which the application relates,’. |
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| Clause 92, page 42, line 21, leave out ‘or’. |
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| Clause 92, page 42, line 22, at end insert— |
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| | ‘(f) | the person is a relevant parish council, |
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| | (g) | the person is a relevant community council in Wales, or |
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| | (h) | the person is a relevant community council in Scotland.’. |
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| Clause 92, page 43, line 4, leave out ‘district council’ and insert ‘county council, or |
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| | Member’s explanatory statement
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| | The effect of this amendment is that all county councils are “interested parties” for the purposes |
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| | of Chapter 4 of Part 6, including those which are not unitary authorities. |
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| Clause 92, page 43, leave out lines 5 and 6. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 151. |
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| Clause 92, page 43, line 9, at end insert— |
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| | ‘(ea) | a parish or town council in England, or a community council in Wales,’. |
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| Clause 93, page 43, line 20, leave out ‘66(2)’ and insert ‘66(1A) or (2)’. |
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| | Member’s explanatory statement
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| | Consequential on amendments to Clauses 66, 75 and 77. |
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| Clause 93, page 43, line 22, leave out ‘section 75(2)(b)’ and insert ‘sections |
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| | Member’s explanatory statement
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| | Consequential on amendments to Clauses 66, 75 and 77. |
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| Clause 94, page 43, line 37, at end insert— |
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| | ‘(d) | the desirability of contributing to the mitigation of, and adaptation to, |
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| Clause 94, page 43, line 37, at end insert— |
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| | ‘(ba) | whether the development is consistent with the principles of sustainable |
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| Clause 94, page 43, line 37, at end insert— |
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| | ‘(ba) | its duty to act in accordance with the principle of sustainable |
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| Clause 94, page 43, line 37, at end insert— |
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| | ‘(ba) | local authority planning policy statements,’. |
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| Clause 94, page 43, line 37, at end insert— |
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| | ‘(ba) | any representations made by the Environment Agency,’. |
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| Clause 94, page 43, line 37, at end insert— |
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| | ‘(ba) | any representations made by the Countryside Council for Wales,’. |
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| Clause 94, page 43, line 37, at end insert— |
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| | ‘(ba) | any representations made by Natural England,’. |
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| Clause 94, page 43, line 37, at end insert— |
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| | ‘(ba) | any relevant content of a national planning framework or national spatial |
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| | strategy prepared for Sctotland, Wales or Northern Ireland, where the |
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| | subject matter of the application or order will affect land in Scotland, |
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| | Wales or Northern Ireland, |
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| | (bb) | any relevant content of planning policy statements prepared to support |
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| | decision-making under the Planning Acts, |
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| | (bc) | any relevant content of the development plan made under the Planning |
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| | (bd) | any statement of impacts and mitigation prepared under section (Duty to |
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| | identify and mitigate adverse impacts),’. |
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| Clause 94, page 43, line 39, leave out from ‘other’ to end of line 40 and insert |
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| ‘material considerations’. |
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| Clause 94, page 43, line 40, at end insert— |
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| | ‘(d) | whether the proposal is consistent with the principles set out in the local |
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| | authority’s local development documents (as defined under section 17 of |
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| | the Planning and Compulsory Purchase Act 2004, (c. 5)), |
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| | (e) | the likely impact of the proposal on communities within the relevant local |
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| | (f) | whether the proposal meets with the approval of persons residing in the |
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| | relevant local authority area, |
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| | (g) | any other matter which the relevant planning authority considers |
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| | (2A) | A local authority area is relevant under subsection (2) if any location specified in |
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| | the application is situated in the local authority area, or is in a geographically |
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| | adjacent local authority area.’. |
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| Clause 94, page 43, line 40, at end insert— |
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| | ‘(2A) | The Secretary of State may by order prescribe that a consideration is not material |
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| | for the purpose of decisions made on a particular application or order or on a |
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| | classs of applications or orders.’. |
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| Clause 94, page 43, line 41, after ‘application’, insert ‘generally’. |
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| Clause 94, page 44, line 2, after ‘application’, insert ‘generally’. |
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| Clause 94, page 44, line 6, after ‘application’, insert ‘generally’. |
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| Clause 94, page 44, line 10, after ‘application’, insert ‘generally’. |
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| Clause 94, page 44, line 11, at end insert— |
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| | ‘(6A) | This subsection applies if the Panel or Council is satisfied that deciding the |
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| | application generally in accordance with any relevant national policy statement |
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| | would lead to unduly adverse impacts, where the Panel or Council is satisfied that |
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| | these impacts have not been reasonably and sufficiently managed.’. |
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| Clause 95, page 44, line 22, after ‘relates’, insert— |
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| | ‘(aa) | any relevant content of a national planning framework or national spatial |
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| | strategy prepared for Scotland, Wales or Northern Ireland, (where the |
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| | subject matter of the application or order will affect land in Scotland, |
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| | Wales or Northern Ireland), |
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| | (ab) | any relevant content of planning policy statements prepared to support |
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| | decision making under the Planning Acts, |
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| | (ac) | any relevant content of the development plan made under the Planning |
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| | (ad) | any statement of impacts and mitigation prepared under section (Duty to |
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| | identify and mitigate adverse impacts),’. |
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| Clause 95, page 44, line 23, leave out from ‘other’ to end of line 24 and add |
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| ‘material considerations’. |
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| Page 44, line 35, leave out Clause 97. |
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| | Member’s explanatory statement
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| | To remove the right of the Secretary of State to suspend the decision-making process of the
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| | independent Commission, pending review of a National Policy Statement(s). |
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| Clause 98, page 45, line 20, at end insert ‘or global climate change’. |
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| Clause 98, page 45, line 30, leave out ‘and’. |
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| Clause 98, page 45, line 32, at end insert ‘and |
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| | (f) | if the national policy statement was given effect during the course of a |
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| Clause 105, page 49, leave out lines 26 to 29. |
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