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Planning Bill, continued

Lawful development certificates

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

NC9

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.

Abolition of conservation area consent

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

NC10

To move the following Clause:—

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‘(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 provision consequent

upon the abolition of conservation area consent.

(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

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327

Planning Bill, continued

conservation area without the required planning permission.

Enforcement (financial implications)

Dan Rogerson

Tom Brake

nc13

To move the following Clause:—

‘The local planning authority may seek from the Secretary of State financial

support if it can demonstrate the need for additional resources in order to monitor

or investigate potential offences under section 130 or 131, or in order to take

remedial action where offences have been committed under section 130 or 131.’.

Amendment of Planning (Listed Buildings and Conservation Areas) Act 1990

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

nc14

To move the following Clause:—

‘(1)	The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as

follows.

(2)	In section 67(2) (publicity for applications affecting setting of listed buildings)

after “situated” insert “or online on its own website”.’.

John Healey

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

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.

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Planning Bill, continued

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;

(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

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(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.

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Revised 22 January 2008