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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 16, after ‘effect,’ insert— |
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| | | ‘(aa) | the Commission has accepted the application and has received a |
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| | | certificate under section 52(2) in relation to the application,’. |
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| | | Member’s explanatory statement
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| | | The effect of this amendment is that the power of the Secretary of State to intervene in an |
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| | | application will not apply unless the application has been accepted by the Commission and the |
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| | | applicant has given notice of the application as required by clause 50. |
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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 101, page 47, line 4, leave out from ‘(b)’ to end of line 6 and insert |
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| | ‘associated development.’. |
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| | | Member’s explanatory statement
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| | | This amendment is consequent on amendment 388. |
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| | Clause 101, page 47, line 6, at end insert— |
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| | | ‘(2A) | “Associated development” means development which— |
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| | | (a) | is associated with the development within subsection (2)(a) (or any part |
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| | | (b) | is not the construction or extension of one or more dwellings, and |
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| | | (c) | is within subsection (2B) or (2C). |
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| | | (2B) | Development is within this subsection if it is to be carried out wholly in one or |
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| | | more of the following areas— |
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| | | (b) | waters adjacent to England up to the seaward limits of the territorial sea; |
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| | | (c) | in the case of development in the field of energy, a Renewable Energy |
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| | | Zone, except any part of a Renewable Energy Zone in relation to which |
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| | | the Scottish Ministers have functions. |
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| | | (2C) | Development is within this subsection if— |
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| | | (a) | it is to be carried out wholly in Wales, |
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| | | (b) | it is the carrying out or construction of surface works, boreholes or pipes, |
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| | | (c) | the development within subsection (2)(a) with which it is associated is |
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| | | development within section 16(3).’. |
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| | | Member’s explanatory statement
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| | | This amendment allows development consent to be granted for offshore development associated |
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| | | with development for which development consent is required. It also allows development consent |
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| | | to be granted for a restricted category of associated development in Wales, in a case relating to |
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| | | Welsh gas storage facilities. |
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| | Clause 101, page 47, line 7, leave out ‘development falling within subsection |
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| | (2)(b)’ and insert ‘associated development’. |
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| | | Member’s explanatory statement
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| | | This amendment is consequent on amendment 388. |
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| | Clause 101, page 47, line 10, leave out ‘falls within subsection (2)(b)’ and insert ‘is |
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| | | Member’s explanatory statement
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| | | This amendment is consequent on amendment 388. |
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| Page 48, line 3, leave out Clause 104. |
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| | Clause 105, page 49, leave out lines 26 to 29. |
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| | | Clause 105, page 50, line 12, leave out paragraphs (a) and (b). |
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| | Clause 105, page 50, line 23, leave out ‘sections 106 and’ and insert ‘section’ |
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| | | Member’s explanatory statement
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| | | Amendments to Clauses 66, 75, 77 and 93 require applications for orders applying, modifying or |
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| | | amending legislation to be determined by the Secretary of State. This is a consequential |
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| | | amendment as Clause 106 and the reference to it in this Clause become unnecessary. |
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| | | Clause 105, page 50, line 23, at end insert ‘and to a resolution of both Houses of |
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| | Parlaiment made under the super-affirmative resolution procedure as defined by section |
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| | 18 of the Legislative and Regulatory and Reform Act 2006’. |
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| | | Clause 106, page 50, line 34, leave out from beginning to second ‘the’ in line 36. |
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| | | Clause 106, page 50, line 39, leave out subsection (4). |
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| | | Clause 106, page 50, line 43, leave out ‘28’ and insert ‘56’. |
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| | | Clause 106, page 50, line 45, leave out subsection (6). |
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| | Page 50, line 27, leave out Clause 106. |
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| | | Member’s explanatory statement
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| | | Amendments to Clauses 66, 75, 77 and 93 require applications for orders applying, modifying or |
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| | | amending legislation to be determined by the Secretary of State. This is a consequential |
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| | | amendment as Clause 106 becomes unnecessary. |
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| | | Clause 107, page 51, line 17, leave out ‘or is incidental to’. |
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| | | Clause 107, page 51, line 20, leave out subsection (3). |
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| | | Clause 109, page 51, line 32, leave out from ‘provision’ to end of line 34. |
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| | | Clause 114, page 55, line 33, at end insert— |
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| | | ‘(9) | Where subsection (4) applies the Secretary of State shall publish a statement |
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| | | detailing the means and extent of the preservation or improvement that will be |
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| | | effected on the order land once compulsory acquisition has taken place.’. |
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| | | Clause 118, page 58, line 6, at end insert— |
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| | | ‘(2) | In order to be satisfied under subsection (1)(b), the decision-maker must have |
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| | | regard to public consultation.’. |
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| | Clause 130, page 60, line 39, at end insert— |
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| | | ‘(1A) | The measuring and marking out of land shall not constitute development for the |
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| | | purposes of this section.’. |
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| | | Clause 132, page 61, line 28, leave out paragraph (a). |
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| | Clause 133, page 61, line 37, at end insert ‘provided that 24 hours notice of the |
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| | intended entry has been given to the occupier of land.’. |
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| | Clause 133, page 61, leave out lines 38 to 40. |
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| | | Clause 134, page 62, line 16, leave out ‘a reasonable period’ and insert ‘14 days’, |
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| | | Page 63, line 1, leave out Clause 136. |
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| | | Clause 143, page 66, line 8, at end insert— |
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| | | ‘(2A) | In subsection (1) delete the words “interested in land in the area of a local |
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| | | Clause 146, page 70, line 16, at end add— |
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| | | ‘(8) | National policy statements shall take precedence of all other planning documents |
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| | | Clause 150, page 73, line 31, leave out from beginning to end of line 15 on page 74. |
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| | | Clause 150, page 74, line 15, at end insert— |
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| | | ‘(7) | A local planning authority may arrange for the discharge of their functions under |
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| | | this section by a panel of elected members drawn from other local planning |
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| | | Clause 151, page 74, line 10, at end insert— |
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| | | ‘(h) | about the fee to be payable to the local planning authority.’. |
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| | | Clause 151, page 76, line 44, leave out from beginning to end of line 27 on page 77. |
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| | | Clause 155, page 83, line 20, after ‘development’, insert ‘within the curtilage of a |
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