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Public Bill Committee: 17th January 2008                

243

 

Planning Bill, continued

 
 

(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).’.

 


 

Lawful development certificates

 

Mrs Jacqui Lait

 

Robert Neill

 

Mr David Jones

 

Mr Richard Benyon

 

James Duddridge

 

Mr David Curry

 

NC9

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Town and Country Planning Act 1990 is amended as follows.

 

(2)    

In section 193(3) (certificates under sections 191 and 192: supplementary

 

provisions), at the end of paragraph (a) “and” shall be omitted, and there shall be

 

inserted after paragraph (b)—

 

“(c)    

not to determine an application for a certificate under section 191 or 192

 

before the end of such period as may be prescribed;

 

(d)    

to publicise the application or require the applicant to publicise the

 

application in such manner as may be prescribed;

 

(e)    

to take into account in determining such an application such

 

representations, made within such period, as may be prescribed; and

 

(f)    

to give to any person whose representations have been taken into account

 

such notice as may be prescribed of their decision.”

 

(3)    

In section 195 (appeals against refusal or failure to give decision on application)

 

there shall be inserted after subsection (1)—

 

“(1A)    

Any appeal under this section shall be made by notice served within such

 

time and in such manner as may be prescribed by a development order.

 

(1B)    

The time prescribed for the service of such a notice must not be less

 

than—

 

(a)    

28 days from the date of notification of the decision; or

 

(b)    

in the case of an appeal under subsection (1)(b), 28 days from the

 

end of the period prescribed as mentioned in subsection (b) or, as

 

the case may be, the extended period mentioned in that

 

subsection.”.’.

 

Member’s explanatory statement

 

This New Clause provides for publicity and consultation periods for applications for lawful

 

development certificates. Subsection (3) provides for a time limit for appeals to be made against

 

the refusal or non-determination of such applications.

 



 
 

Public Bill Committee: 17th January 2008                

244

 

Planning Bill, continued

 
 

Abolition of conservation area consent

 

Mrs Jacqui Lait

 

Robert Neill

 

Mr David Jones

 

Mr Richard Benyon

 

James Duddridge

 

Mr David Curry

 

NC10

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

After section 179 of the Town and Country Planning Act 1990 there is inserted—

 

“179A

  Demolition in conservation areas

 

(1)    

A person commits an offence if the person executes or causes to be

 

executed any works of demolition of a building in a conservation area

 

which constitute the carrying out of development without the required

 

planning permission.

 

(2)    

Without prejudice to subsection (1), if a person executing or causing to

 

be executed any works of demolition of a building in a conservation area

 

fails to comply with any condition relating to the demolition works and

 

attached to a planning permission, he shall be guilty of an offence.

 

(3)    

In proceeding for an offence under this section it shall be a defence to

 

prove the following matters—

 

(a)    

that works to the building were urgently necessary in the

 

interests of safety or health or for the preservation of the

 

building;

 

(b)    

that it was not practicable to secure safety or health or, as the case

 

may be, the preservation of the building by works of repair or

 

works for affording temporary support or shelter;

 

(c)    

that the works carried out were limited to the minimum measures

 

immediately necessary; and

 

(d)    

that notice in writing justifying in detail the carrying out of works

 

was given to the local planning authority as soon as reasonably

 

practicable.

 

(4)    

A person who is guilty of an offence under this section shall be liable—

 

(a)    

on summary conviction, to imprisonment for a term not

 

exceeding six months or a fine not exceeding £20,000, or both; or

 

(b)    

on conviction on indictment, to imprisonment for a term not

 

exceeding two years or a fine, or both.

 

(5)    

In determining the amount of any fine to be imposed on a person

 

convicted of an offence under this section, the court shall in particular

 

have regard to any financial benefit which has accrued or appears likely

 

to accrue to the person in consequence of the offence.”

 

(2)    

In sections 81A and 81B of the Planning (Listed Buildings and Conservation

 

Areas) Act 1990 references to “a relevant consent” or “relevant consent” shall be

 

replaced by “listed building consent”.

 

(3)    

In paragraph 5 of Schedule 4 to the Planning (Listed Buildings and Conservation

 

Areas) Act 1990 for the words “to 75” there is substituted “to 73”.

 

(4)    

The Secretary of State may by regulations make transitional provisions

 

consequent upon the abolition of conservation area consent.


 
 

Public Bill Committee: 17th January 2008                

245

 

Planning Bill, continued

 
 

(5)    

The regulations made under subsection (4) may in particular—

 

(a)    

make provision in respect of conservation area consents and planning

 

permissions granted before subsection (1) comes into force;

 

(b)    

make provision in respect of applications for conservation area consents

 

and planning permission made before subsection (1) comes into force.’.

 

Member’s explanatory statement

 

This New Clause provides for the abolition of the requirement for conservation area consent. The

 

demolition of unlisted buildings inside or outside conservation areas will be governed by the

 

requirement for planning permission. It would be an offence to demolish a building in a

 

conservation area without the required planning permission.

 

 

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.

 

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;


 
 

Public Bill Committee: 17th January 2008                

246

 

Planning Bill, continued

 
 

(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

 

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:

 

Mr Elfyn Llwyd

 

71

 

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

 

Mr Elfyn Llwyd

 

72

 

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

 
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Revised 17 January 2008