House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

393

House of Commons

Notices of Amendments

given on

Thursday 24th January 2008

For other Amendment(s) see the following page(s):

Planning Bill Committee 364-392

Public Bill Committee

Planning Bill

Decisions of Panel and Council (duty in relation to electromagnetic fields)

Mr Richard Benyon

NC17

To move the following Clause:—

‘(1)
This section applies in relation to an application for an order granting

development consent if the decision-maker is a Panel or the Council.

(2)
In deciding the application, the Panel or Council must ensure that it does not

expose any person to any risk to their health arising from exposure to electric and

magnetic fields with a frequency of between 30 and 300 Hertz.’.

John Healey

445

Clause  144,  page  67,  line  30,  at end insert—

‘(2A)
In section 150(1)(b) (notices requiring purchase of blighted land)—

(a)
for “21 or” insert “21,”,

(b)
after “notes)” insert “or paragraph 24”, and

(c)
after “Schedule 13 and” insert “(except in the case of land falling within

paragraph 24(c) of that Schedule)”.

(2B)
After section 165 (power of Secretary of State to acquire land affected by orders

relating to new towns etc. where blight notice served) insert—

“165A
Power of Secretary of State to acquire land identified in national

policy statements where blight notice served

Where a blight notice has been served in respect of land falling within

paragraph 25 of Schedule 13, the Secretary of State has power to acquire

compulsorily any interest in the land in pursuance of the blight notice

served by virtue of that paragraph.”

Notices of Amendments: 24th January 2008
394

Planning Bill, continued

Member’s explanatory statement

This amendment makes provision about the serving of blight notices where a development consent

order authorises (or might authorise) compulsory acquisition of land. It also gives the Secretary

of State power to acquire land identified in a national policy statement after a blight notice has

been served.

John Healey

446

Clause  144,  page  67,  line  34,  at end insert—

‘(3A)
In section 170 (“appropriate enactment” for purposes of Chapter 2) after

subsection (8) insert—

“(8A)
In relation to land falling within paragraph 24(a) or (b) of that Schedule,

“the appropriate enactment” is the enactment which, by virtue of the

order granting development consent, provides or is treated as providing

for the compulsory acquisition of the land.

(8B)
In relation to land falling within paragraph 24(c) of that Schedule, “the

appropriate enactment” is the enactment which, if the order applied for

were made, would provide or be treated as providing for the compulsory

acquisition of the land.

(8C)
In relation to land falling within paragraph 25 of that Schedule, “the

appropriate enactment” is section 165A.”’.

Member’s explanatory statement

This amendment identifies ‘the appropriate enactment’ for the purposes of the blight provisions,

in their application to land which is (or might be) authorised to be compulsorily acquired by a de

velopment consent order, and land identified in a national policy statement.

John Healey

447

Clause  150,  page  72,  line  16,  leave out ‘under subsection (1)(a)’ and insert ‘by

them under this section’.

Member’s explanatory statement

Amendments 447 to 450 ensure that local planning authorities' power to vary the descriptions of

applications specified as reviewable by the authority does not extend to overriding regulations

made by the Secretary of State prescribing descriptions of applications that must (or must not) be

so specified.

John Healey

448

Clause  150,  page  72,  line  19,  leave out ‘subsection (1)(a)’ and insert ‘this section’.

Member’s explanatory statement

See Member's explanatory statement for amendment 447.

John Healey

449

Clause  150,  page  72,  line  25,  leave out ‘subsection (1)(a)’ and insert ‘this section’.

Member’s explanatory statement

See Member's explanatory statement for amendment 447.

John Healey

450

Clause  150,  page  72,  line  44,  leave out ‘subsection (1)(a) of’.

Member’s explanatory statement

Notices of Amendments: 24th January 2008
395

Planning Bill, continued

See Member's explanatory statement for amendment 447.

John Healey

451

Clause  150,  page  73,  line  20,  after ‘application’ insert—

‘(a)
’.

Member’s explanatory statement

Amendments 451 and 452 enable the Secretary of State to make provision about the determination

of planning applications in cases where a local planning authority, or a committee or sub-commit

tee, determines an application that would normally be determined by an officer.

John Healey

452

Clause  150,  page  73,  line  22,  at end insert—

‘(b)
by a local planning authority, or a committee or sub-committee of such

an authority, acting by virtue of section 75A(6).’.

Member’s explanatory statement

See Member's explanatory statement for amendment 451.

John Healey

453

Clause  150,  page  73,  leave out from ‘particular’ in line 23 to end of line 30 and insert—

‘(a)
disapply or modify any provision of, or made under, this Part in relation

to such an application;

(b)
impose requirements on the officer, authority, committee or sub-

committee determining such an application.’.

Member’s explanatory statement

Section 75B(2) currently applies Part 3 of the Town and Country Planning Act 1990 to applica

tions determined under section 75A. This is unnecessary; this amendment enables regulations to

disapply or modify Part 3 instead. It also enables regulations to impose requirements on officers

determining applications under section 75A.

John Healey

454

Clause  150,  page  74,  leave out from ‘particular’ in line 44 to end of line 46 and insert—

‘(a)
disapply or modify any provision of, or made under, this Part in relation

to such an application;

(b)
impose requirements on the local planning authority determining such an

application.’.

Member’s explanatory statement

This amendment makes changes to section 75D(6) which are equivalent to those made to section

75B(2) by amendment 455. In the section 75D(6) case, the regulations can impose requirements

on local planning authorities determining applications under section 75D.

John Healey

455

Clause  150,  page  75,  line  12,  leave out from ‘if’ to end of line 16 and insert ‘—

(a)
the local planning authority—

(i)
have been required under section 75C to review the case, and

(ii)
have failed to complete their review by the end of the period

prescribed by regulations made by virtue of section 75C(4)(f), or

(b)
the local planning authority have been required under section 75D to

determine the application.’.

Notices of Amendments: 24th January 2008
396

Planning Bill, continued

Member’s explanatory statement

This amendment allows an appeal to the Secretary of State under section 78(1) of the Town and

Country Planning Act 1990 against the refusal, or grant subject to conditions, of a planning ap

plication where a local planning authority has determined the application under section 75D.

John Healey

456

Clause  150,  page  75,  line  18,  leave out ‘such an appeal’ and insert ‘an appeal under

section 78(1) brought by virtue of subsection (2)(a)’.

Member’s explanatory statement

This is consequential on amendment 455.

John Healey

457

Clause  151,  page  76,  line  2,  leave out ‘under subsection (1)(a)’ and insert ‘by them

under this section’.

Member’s explanatory statement

Amendments 457 to 460 ensure that local planning authorities' power to vary the descriptions of

applications specified as reviewable by the authority does not extend to overriding regulations

made by the Secretary of State prescribing descriptions of applications that must (or must not) be

so specified.

John Healey

458

Clause  151,  page  76,  line  5,  leave out ‘subsection (1)(a)’ and insert ‘this section’.

Member’s explanatory statement

See Member's explanatory statement for amendment 457.

John Healey

459

Clause  151,  page  76,  line  11,  leave out ‘subsection (1)(a)’ and insert ‘this section’.

Member’s explanatory statement

See Member's explanatory statement for amendment 457.

John Healey

460

Clause  151,  page  76,  line  30,  leave out ‘subsection (1)(a) of’.

Member’s explanatory statement

See Member's explanatory statement for amendment 457.

John Healey

461

Clause  151,  page  76,  line  34,  at end insert—

‘(a)
’.

Member’s explanatory statement

Amendments 461 and 462 enable the Secretary of State to make provision about the determination

of lawful use or development certificate applications where a local planning authority, or a com

mittee or sub-committee, determines an application that would normally be determined by an of

ficer.

John Healey

462

Clause  151,  page  76,  line  36,  at end insert—

Notices of Amendments: 24th January 2008
397

Planning Bill, continued

‘(b)
by a local planning authority, or a committee or sub-committee of such

an authority, acting by virtue of section 193A(6).’.

Member’s explanatory statement

See Member's explanatory statement for amendment 461.

John Healey

463

Clause  151,  page  76,  leave out from ‘particular’ in line 37 to end of line 44 and insert—

‘(a)
disapply or modify any provision of, or made under, sections 191 to 193

in relation to such an application;

(b)
impose requirements on the officer, authority, committee or sub-

committee determining such an application.’.

Member’s explanatory statement

Section 193B(2) applies sections 191 to 193 of the Town and Country Planning Act 1990 to appli

cations decided under section 193A. This is unnecessary; this amendment enables regulations to

disapply or modify those sections instead. It also enables regulations to impose requirements on

officers determining applications under section 193A.

John Healey

464

Clause  151,  page  77,  leave out lines 19 to 23 and insert—

‘(5)
Subsections (5A) and (5B) apply where a local planning authority has reviewed

a case under this section.

(5A)
If and so far as the local planning authority is satisfied that the officer’s refusal is

well-founded, the authority must uphold the decision under review.

(5B)
If and so far as the local planning authority is satisfied that the officer’s refusal is

not well-founded, the authority must—

(a)
grant the applicant a certificate under section 191 or, as the case may be,

192, or

(b)
in the case of a refusal in part, modify the certificate granted by the

officer.’.

Member’s explanatory statement

This amendment ensures that the powers available to an LPA on a review of an application for a

certificate of lawful use or development under section 193C are the same as those available to the

Secretary of State on appeals under existing section 195(2).

John Healey

465

Clause  151,  page  78,  leave out from ‘particular’ in line 4 to end of line 6 and insert—

‘(a)
disapply or modify any provision of, or made under, sections 191 to 193

in relation to such an application;

(b)
impose requirements on the local planning authority determining such an

application.’.

Member’s explanatory statement

This amendment makes changes to section 193D(4) which are equivalent to those made to section

193B(2) by amendment 463. In the section 193D(4) case, the regulations can impose requirements

on local planning authorities determining applications under section 193D.

John Healey

466

Clause  151,  page  78,  line  23,  leave out from ‘if’ to end of line 27 and insert ‘—

(a)
the local planning authority—

(i)
have been required under section 193C to review the case, and

Notices of Amendments: 24th January 2008
398

Planning Bill, continued

(ii)
have failed to complete their review by the end of the period

prescribed by regulations made by virtue of section 193C(4)(e),

or

(b)
the local planning authority have been required under section 193D to

determine the application.’.

Member’s explanatory statement

This amendment allows an appeal to the Secretary of State under section 195(1)(a) of the Town

and Country Planning Act 1990 against the refusal of a lawful development certificate application

where a local planning authority has determined the application under section 193D.

John Healey

467

Clause  153,  page  79,  line  38,  leave out ‘under subsection (1)(a)’ and insert ‘by

them under this section’.

Member’s explanatory statement

Amendments 467 to 470 ensure that local planning authorities' power to vary the descriptions of

applications specified as reviewable by the authority does not extend to overriding regulations

made by the Secretary of State prescribing descriptions of applications that must (or must not) be

so specified.

John Healey

468

Clause  153,  page  79,  line  41,  leave out ‘subsection (1)(a)’ and insert ‘this section’.

Member’s explanatory statement

See Member's explanatory statement for amendment 467.

John Healey

469

Clause  153,  page  80,  line  4,  leave out ‘subsection (1)(a)’ and insert ‘this section’.

Member’s explanatory statement

See Member's explanatory statement for amendment 467.

John Healey

470

Clause  153,  page  80,  line  23,  leave out ‘subsection (1)(a) of’.

Member’s explanatory statement

See Member's explanatory statement for amendment 467.

John Healey

471

Clause  153,  page  80,  line  39,  after ‘application’ insert—

‘(a)
’.

Member’s explanatory statement

Amendments 471 and 472 enable the Secretary of State to make provision about the determination

of listed building applications where a local planning authority, or a committee or sub-committee,

determines an application that would normally be determined by an officer.

John Healey

472

Clause  153,  page  80,  line  41,  at end insert—

‘(b)
by a local planning authority, or a committee or sub-committee of such

an authority, acting by virtue of section 19A(6).’.

Member’s explanatory statement

See Member's explanatory statement for amendment 471.

Notices of Amendments: 24th January 2008
399

Planning Bill, continued

John Healey

473

Clause  153,  page  80,  leave out from ‘particular’ in line 42 to end of line 2 on page 81

and insert—

‘(a)
disapply or modify any provision of, or made under, this Chapter in

relation to such an application;

(b)
impose requirements on the officer, authority, committee or sub-

committee determining such an application.’.

Member’s explanatory statement

Section 19B(2) applies Chapter 2 of Part 1 of the Listed Buildings Act to applications decided un

der section 19A. This is unnecessary; this amendment enables regulations to disapply or modify

that Chapter instead. It also enables regulations to impose requirements on officers determining

applications under section 19A.

John Healey

474

Clause  153,  page  81,  line  23,  at end insert—

‘(da)
requiring a local planning authority reviewing a case to have special

regard to the matters specified in section 16(2);’.

Member’s explanatory statement

This amendment enables the regulations made by the Secretary of State about reviews of listed

building applications to require an authority reviewing a case to have special regard to the desir

ability of preserving the building or its setting or any features of special architectural or historic

interest which it possesses.

John Healey

475

Clause  153,  page  82,  leave out from ‘particular’ in line 17 to end of line 19 and insert—

‘(a)
disapply or modify any provision of, or made under, this Chapter in

relation to such an application;

(b)
impose requirements on the local planning authority determining such an

application.’.

Member’s explanatory statement

This amendment makes changes to section 19D(6) which are equivalent to those made to section

19B(2) by amendment 473. In the section 19D(6) case, the regulations can impose requirements

on local planning authorities determining applications under section 19D.

John Healey

476

Clause  153,  page  82,  line  32,  leave out from ‘if’ to end of line 35 and insert ‘—

(a)
the local planning authority—

(i)
have been required under section 19C to review the case, and

(ii)
have failed to complete their review by the end of the period

prescribed by regulations made by virtue of section 19C(4)(f), or

(b)
the local planning authority have been required under section 19D to

determine the application.’.

Member’s explanatory statement

This amendment allows an appeal to the Secretary of State under section 20(1) of the Listed Build

ings Act against the refusal, or grant subject to conditions, of a listed building application where

a local planning authority has determined the application under section 19D.