House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 22nd January 2008
318

Planning Bill, continued

NEW CLAUSES

LNG facilities

John Healey

NC1

To move the following Clause:—

‘(1)
The construction of an LNG facility is within section 13(1)(ca) only if (when

constructed) the facility will be in England and—

(a)
the storage capacity of the facility is expected to be at least 43 million

standard cubic metres, or

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

standard cubic metres per day.

(2)
The alteration of an LNG facility is within section 13(1)(ca) only if the facility is

in England and the effect of the alteration is expected to be—

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

capacity of the facility, or

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

maximum flow rate of the facility.

(3)
“LNG facility” means a facility for—

(a)
the reception of liquid natural gas from outside England,

(b)
the storage of liquid natural gas, and

(c)
the regasification of liquid natural gas.

(4)
In this section—

“maximum flow rate”, in relation to a facility, means the maximum rate at

which gas is able to flow out of the facility, on the assumption that—

(e)
the facility is filled to maximum capacity, and

(f)
the rate is measured after regasification of the liquid natural gas

and any other processing required on the recovery of the gas

from storage;

“storage capacity” means the capacity of the facility for storage of liquid

natural gas.

(5)
The storage capacity of an LNG facility is to be measured as if the gas were stored

in regasified form.’.

Member’s explanatory statement

This new clause sets out the circumstances in which construction or alteration of an LNG facility

(as defined in subsection (3)) will be a nationally significant infrastructure project.

Gas reception facilities

John Healey

NC2

To move the following Clause:—

‘(1)
The construction of a gas reception facility is within section 13(1)(cb) only if

(when constructed)—

Public Bill Committee: 22nd January 2008
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Planning Bill, continued

(a)
the facility will be in England and will be within subsection (4), and

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

standard cubic metres per day.

(2)
The alteration of a gas reception facility is within section 13(1)(cb) only if—

(a)
the facility is in England and is within subsection (4), and

(b)
the effect of the alteration is expected to be to increase by at least 4.5

million standard cubic metres per day the maximum flow rate of the

facility.

(3)
“Gas reception facility” means a facility for—

(a)
the reception of natural gas in gaseous form from outside England, and

(b)
the handling of natural gas (other than its storage).

(4)
A gas reception facility is within this subsection if—

(a)
the gas handled by the facility does not originate in England, Wales or

Scotland,

(b)
the gas does not arrive at the facility from Scotland or Wales, and

(c)
the gas has not already been handled at another facility after its arrival in

England.

(5)
“Maximum flow rate” means the maximum rate at which gas is able to flow out

of the facility.’.

Member’s explanatory statement

This new clause sets out the circumstances in which construction or alteration of a gas reception

facility (as defined in subsection (3)) will be a nationally significant infrastructure project.

Highways

John Healey

nc7

To move the following Clause:—

‘(1)
Highway-related development is within section 13(1)(e) only if—

(a)
it is the construction of a highway in a case within subsection (2) or (6),

(b)
it is the improvement of a highway in a case within subsection (3) or (5),

or

(c)
it is the alteration of a highway in a case within subsection (5).

(2)
Construction of a highway is within this subsection if—

(a)
the construction is to take place outside the boundary of an existing

highway,

(b)
the highway will (when constructed) be wholly in England,

(c)
the Secretary of State will be the highway authority for the highway, and

(d)
the highway is proposed to be (or to be part of) a highway of a type within

subsection (4).

(3)
Improvement of a highway is within this subsection if—

(a)
it is to take place outside the boundary of the highway,

(b)
the highway is wholly in England,

(c)
the Secretary of State is the highway authority for the highway, and

(d)
the highway is (or is part of) a highway of a type within subsection (4).

(4)
The types of highway referred to in subsections (2)(d) and (3)(d) are—

Public Bill Committee: 22nd January 2008
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Planning Bill, continued

(a)
a trunk road;

(b)
a special road;

(c)
a highway the construction of which is a project in respect of which the

Secretary of State is required to publish an environmental statement

under section 105A(3) of the Highways Act 1980;

(d)
a cycle track or footpath on land separated by intervening land from a

trunk road in connection with which it is to be used.

(5)
Development is within this subsection if—

(a)
it is the improvement, raising, lowering or other alteration of a highway,

(b)
the highway is wholly in England, and

(c)
the highway—

(i)
crosses or enters the route of a trunk road or special road, or

(ii)
is (or will be) otherwise affected by the construction or

improvement of a trunk road or special road.

(6)
Construction of a highway is within this subsection if—

(a)
the highway will (when constructed) be wholly in England,

(b)
the highway is to be constructed for a purpose connected with—

(i)
development within subsection (5), or

(ii)
a trunk road or special road, or

(iii)
the construction of a trunk road or special road.

(7)
The following terms have the meanings given by section 329(1) of the Highways

Act 1980—

“cycle track”;

“footpath”;

“improvement”.’.

Member’s explanatory statement

This New Clause changes the types of highway developments which are nationally significant

infrastructure projects. Certain alteration and improvement work relating to highways is being

brought into this category. The categories of highway construction projects are expanded.

Welsh offshore generating stations

John Healey

NC11

To move the following Clause:—

‘(1)
Section 29(2) does not prevent an order under section 3 of the Transport and

Works Act 1992 from being made in relation to the carrying out of works

consisting of the construction or extension of a generating station that is or (when

constructed or extended) will be a Welsh offshore generating station.

(2)
A “Welsh offshore generating station” is a generating station that is in waters in

or adjacent to Wales up to the seaward limits of the territorial sea.

(3)
If, by virtue of subsection (1), an order under section 3 of the Transport and

Works Act 1992 is made in relation to the carrying out of any works, development

consent is treated as not being required for the carrying out of those works.’.

Member’s explanatory statement

This New Clause, with amendment 346, allows Welsh Ministers to continue to authorise offshore

generating stations in Welsh territorial waters under section 3 of the Transport and Works Act

Public Bill Committee: 22nd January 2008
321

Planning Bill, continued

1992.

Timetable for decisions

John Healey

NC12

To move the following Clause:—

‘(1)
The decision-maker is under a duty to decide an application for an order granting

development consent by the end of the period of 3 months beginning with the day

after the start day.

(2)
The start day is—

(a)
in a case where a Panel is the decision-maker, the deadline for the

completion of its examination of the application under section 89;

(b)
in a case where the Council is the decision-maker, the deadline for the

completion of the single Commissioner’s examination of the application

under section 89;

(c)
in a case where the Secretary of State is the decision-maker, the day on

which the Secretary of State receives a report on the application under

section 66(2)(b) or 75(2)(b).

(3)
The appropriate authority may set a date for the deadline under subsection (1) that

is later than the date for the time being set.

(4)
The appropriate authority is—

(a)
in a case where a Panel or the Council is the decision-maker, the person

appointed to chair the Commission;

(b)
in a case where the Secretary of State is the decision-maker, the Secretary

of State.

(5)
The power under subsection (3) may be exercised—

(a)
more than once in relation to the same deadline;

(b)
after the date for the time being set for the deadline.

(6)
Where the power under subsection (3) is exercised other than by the Secretary of

State—

(a)
the person exercising the power must notify the Secretary of State of

what has been done and of the reasons for doing it, and

(b)
the Commission’s report under paragraph 16 of Schedule 1 for the

financial year in which the power is exercised must mention and explain

what has been done.

(7)
Where the power under subsection (3) is exercised by the Secretary of State, the

Secretary of State must—

(a)
notify each interested party of what has been done and of the reasons for

doing it, and

(b)
lay before Parliament a report explaining what has been done.

(8)
A report under subsection (7)(b) must be published in such form and manner as

the Secretary of State thinks appropriate.

(9)
“Interested party” means a person who is an interested party in relation to the

application for the purposes of Chapter 4 (see section 92).’.

Member’s explanatory statement

This amendment establishes a timetable for making decisions on applications for development

consent. This can be varied by the chair of the Commission where the Panel or the Council is the

Public Bill Committee: 22nd January 2008
322

Planning Bill, continued

decision maker and by the Secretary of State where the Secretary of State is the decision maker.

Geographically-specified national policy statements

Dan Rogerson

Tom Brake

NC3

To move the following Clause:—

‘(1)
This section sets out the requirements for national policy statements which make

particular reference to specific geographical areas under section 5(5)(d).

(2)
Where a proposal for a national policy statement is made by the Secretary of State

with implications for a specific geographical area, the Secretary of State shall

commission and fund an assessment by the relevant local planning authority, or

authorities, of—

(a)
whether the proposal is consonant with the principles enumerated in the

authority’s local development documents as defined in section 17 of the

Planning and Compulsory Purchase Act 2004,

(b)
the likely impact of the proposal on communities within the local

authority area,

(c)
whether the proposal meets with the approval of persons residing in the

relevant local authority area, and

(d)
any other matter which the relevant planning authority considers

appropriate.

(3)
A local authority area is within subsection (2) if any of the locations concerned is

in the authority’s area, or a neighbouring authority’s area.

(4)
A “proposal” in subsection (2) shall be defined as in section 7(3).’.

Amendment of the meaning of development

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

nc4

To move the following Clause:—

‘(1)
The Town and Country Planning Act 1990 is amended as follow.

(2)
In section 55 (meaning of development and new development), in subsection

(2)(a) leave out “for making good war damage or works begun after 5th

December 1968”.

(3)
In section 336(1), leave out the definition of “war damage”.’.

Member’s explanatory statement

The New Clause removes the exemption from planning control of works to repair war damage

Public Bill Committee: 22nd January 2008
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Planning Bill, continued

caused in the Second World War and the completion of basement works which were begun before

5th December 1968.

Abolition of planning contributions

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

NC5

To move the following Clause:—

‘Sections 46 (planning contribution), 47 (planning contribution: regulations), 48

(planning contribution: Wales) of the Planning and Compulsory Purchase Act

2004 are omitted.’.

Parliamentary consideration of national policy statements

Mr Clive Betts

NC6

To move the following Clause:—

‘(1)
The Secretary of State shall lay before Parliament a draft of a statement which the

Secretary of State proposes to designate as a national policy statement for the

purposes of this Act.

(2)
The Secretary of State may not lay a national policy statement before Parliament

under section 5(1)(d) until after the expiry of the period of Parliamentary

consideration of the draft of that statement, as defined by subsection (3).

(3)
The period for Parliamentary consideration of a draft national policy statement

means the period of 60 days beginning on the day on which it was laid before

Parliament.

(4)
In reckoning the period of 60 days referred to in subsection (4), no account shall

be taken of any time during which Parliament is dissolved or prorogued or during

which either House is adjourned for more than four days.

(5)
In preparing a national policy statement under section 5 following the laying of a

draft of that statement under subsection (1) of this section, the Secretary of State

concerned shall have regard to any representations made during the period for

Parliamentary consideration and, in particular, to any resolution or report of, or

of any committee of, either House of Parliament with regard to the document.

(6)
Together with a national policy statement laid before Parliament under section

5(d), the Secretary of State concerned shall lay a statement giving details of—

(a)
any representations, resolution or report falling within subsection (5);

and

Public Bill Committee: 22nd January 2008
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Planning Bill, continued

(b)
the changes (if any) which, in the light of any such representations,

resolution or report, the Secretary of State has made to the draft of the

statement laid before Parliament under subsection (1).’.

Duty to identify and mitigate adverse impacts

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

nc8

To move the following Clause:—

‘(1)
Further to the applicant’s duties under section 42, the applicant must prepare a

statement of impacts and mitigation identifying those effects of the proposed

application that have been identified in response to the consultation under section

42 as adverse to the interests of respondents and the steps (if any) that the

applicant proposes to take to respond to those impacts.

(2)
For each instance of an adverse impact, the statement of impacts and mitigation

must set out the applicant’s proposal for mitigating action to be taken by the

applicant, or must state that no mitigating action is to be taken.

(3)
A statement of impacts and mitigation may propose no mitigating action where it

appears to the applicant that—

(a)
the adverse impact is insignificant and mitigating action is not warranted,

or

(b)
mitigating action would be unreasonable due to disproportionate cost,

adverse collateral effects on other interests or because it would be

otherwise not in the public interest.

(4)
The Commission must provide guidance to the applicants on the factors to be

considered in identifying impacts and mitigating actions and on circumstances in

which no mitigating action may be taken pursuant to subsection (3).

(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).’.