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| | consent should include provisions made in exercise of any of the powers conferred by |
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| | section105(6)(a) or (b).’. |
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| | | Member’s explanatory statement
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| | | The amendment provides that the Secretary of State will decide the application where it is |
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| | | proposed by the applicant or the single Commissioner considering the application that any order |
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| | | granting development consent will apply, modify or exclude legislation. |
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| | Clause 75, page 36, line 10, leave out ‘, in any other case’. |
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| | Page 36, line 17, leave out Clause 76. |
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| | Clause 77, page 36, line 25, at end insert— |
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| | | ‘(1A) | If the Council consider that order granting development consent should be made |
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| | | and should include provisions made in exercise of any of the powers conferred by |
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| | | section 105(6)(a) or (b) it shall refer the single Commissioner’s report and a |
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| | | report of its views to the Secretary of State for determination.’. |
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| | | Member’s explanatory statement
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| | | If the Council considers that an order should adopt, modify or exclude legislation then it must refer |
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| | | the application with the single Commissioner’s report and a note of its views to the Secretary of |
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| | Clause 77, page 36, line 31, at end add— |
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| | | ‘(5) | Decisions made under this section shall be subject to approval by the Secretary of |
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| | Page 36, line 23, leave out Clause 77. |
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| | Clause 79, page 37, line 21, leave out paragraph (a). |
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| | Clause 79, page 37, line 21, after ‘are’ insert ‘vexatious or’. |
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| | | Member’s explanatory statement
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| | | This amendment enables the Examining authority when examining an application for development |
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| | | consent to disregard any representations, which it considers vexatious. |
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| Clause 79, page 37, line 21, at end insert ‘or’. |
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| | | Clause 79, page 37, line 22, leave out from ‘statement’ to end of line 23. |
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| | Clause 79, page 37, line 23, at end add— |
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| | | ‘(4) | Subject to subsection (3) above, nothing in this section shall restrict the rights of |
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| | | interested parties to make oral representations or cross-examine witnesses.’. |
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| | Clause 80, page 37, line 27, at end insert ‘, but in doing so must consider any |
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| | statement of impacts and mitigation prepared under section (Duty to identify and mitigate |
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| | Clause 80, page 37, line 30, leave out ‘and’. |
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| | Clause 80, page 37, line 31, at end insert— |
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| | | ‘(c) | an independent third party (“the third party”) who shall undertake |
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| | | community engagement as set out in subsection (7), and |
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| | | (d) | senior officers and councillors of the relevant local planning authorities,’. |
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| | Clause 80, page 37, line 36, at end insert ‘including receiving requests to be heard |
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| | orally pursuant to section 84.’. |
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| | Clause 80, page 37, line 36, at end insert— |
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| | | ‘(b) | to consider whether and how the range and comprehensiveness of the |
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| | | issues identified in any statement of impacts and mitigations prepared |
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| | | under section (Duty to identify and mitigate adverse impacts) and |
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| | | mitigations proposed thereto should be examined.’. |
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| | Clause 82, page 38, line 19, leave out ‘is to’ and insert ‘may’. |
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| | Clause 82, page 38, line 20, after ‘written’, insert ‘and oral’. |
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| | | Member’s explanatory statement
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| | | This amendment shifts the consideration by the commission from a primarily written exercise to |
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| | | include oral representations and site visit. |
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| | Clause 82, page 38, line 20, at end insert ‘subject to the right of interested parties to |
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| | make oral representations and cross-examine witnesses.’. |
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| | Clause 82, page 38, line 20, at end insert ‘and the carrying out of a site visit’. |
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| | | Member’s explanatory statement
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| | | See explanatory statement to amendment 267. |
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| | Clause 83, page 38, line 42, after ‘representations’, insert ‘whether personally, or |
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| | by its counsel, solicitor or agent’. |
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| | Clause 83, page 38, line 42, at end insert ‘and to call and to cross-examine |
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| | Clause 84, page 39, line 12, after ‘representations’, insert ‘whether personally, or |
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| | by its counsel, solicitor or agent’. |
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| | | Member’s explanatory statement
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| | | This amendment establishes a right to be represented at hearings. |
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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 85, page 40, line 7, after ‘irrelevant’ insert ‘, vexatious or’. |
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| | | Member’s explanatory statement
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| | | This amendment enables the Examining authority to refuse to allow representations which it |
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| | | considers to be vexatious to be made at a hearing. |
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| | | Clause 85, page 40, line 8, at end insert ‘or,’. |
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| | | Clause 85, page 40, line 10, leave out from ‘person)’ to end of line 11. |
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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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| | Clause 89, page 41, line 31, leave out subsection (2). |
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| | | Member’s explanatory statement
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| | | This is a technical amendment as consequence of the New Clause 12 [Timetable for decisions]. |
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| | |
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| | Clause 89, page 41, line 35, at end insert— |
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| | | ‘(3A) | In a case where the Examining authority is required to make a report to the |
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| | | Secretary of State under section 66(2)(b) or 75(2)(b), the Examining authority is |
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| | | under a duty to make its report by the end of the period of 3 months beginning |
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