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Notices of Amendments: 24th January 2008                

407

 

Planning Bill, continued

 
 

‘In section 266 of TCPA 1990 (applications for planning permission by statutory

 

undertakers), after subsection (1) insert—

 

“(1A)    

Subsection (1) has effect in relation to an application or appeal relating

 

to land in England only if the Secretary of State or the appropriate

 

Minister has given a direction for it to have effect in relation to the

 

application or appeal (and the direction has not been revoked).”’

 

Member’s explanatory statement

 

This amendment removes the requirement for decisions relating to statutory undertakers' opera­

 

tional land to be made jointly with the Secretary of State responsible for sponsoring that statutory

 

undertaker. Such decisions will only be taken jointly if either Secretary of State so directs in any

 

particular case.

 

Appeals relating to old mining permissions

 

John Healey

 

nc21

 

To move the following Clause:—

 

‘(1)    

Schedule 6 to TCPA 1990 (determination of certain appeals by person appointed

 

by Secretary of State) is amended as set out in subsections (2) and (3).

 

(2)    

In paragraph 1—

 

(a)    

in sub-paragraph (1) after “208” insert “of this Act, paragraph 5 of

 

Schedule 2 to the Planning and Compensation Act 1991”, and

 

(b)    

in sub-paragraph (4) for “any instrument made under it” substitute “any

 

other Act or any instrument made under this Act or any other Act”.

 

(3)    

In paragraph 2—

 

(a)    

after sub-paragraph (1)(d) insert—

 

“(e)    

in relation to an appeal under paragraph 5 of Schedule

 

2 to the Planning and Compensation Act 1991, as the

 

Secretary of State has under paragraph 6(1) and (3) of

 

that Schedule.”, and

 

(b)    

in sub-paragraph (2) after “208(5)” insert “of this Act and paragraph 6(2)

 

of Schedule 2 to the Planning and Compensation Act 1991”.

 

(4)    

In paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991 (c. 34)

 

(registration of old mining permissions: right of appeal) after sub-paragraph (8)

 

insert—

 

  “(9)  

Schedule 6 to the principal Act (determination of appeals by persons

 

appointed by Secretary of State) applies to appeals under this

 

paragraph.”’

 

Member’s explanatory statement

 

This amends Schedule 6 of the Planning Act 1990 to enable regulations to be made for the transfer

 

to Inspectors of appeals under Schedule 2 to the Planning and Compensation Act 1991 in respect

 

of old mining permissions for development authorised under interim development orders made be­

 

tween 1943 and 1948.

 

Powers of National Assembly for Wales

 

John Healey

 

nc22

 

To move the following Clause:—


 
 

Notices of Amendments: 24th January 2008                

408

 

Planning Bill, continued

 
 

‘In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly

 

measures: matters within Assembly’s legislative competence), after the heading

 

Field 18: town and country planning” insert—

 

    

Matter 18.1

 

    

Provision for and in connection with—

 

(a)    

plans of the Welsh Ministers in relation to the

 

development and use of land in Wales, and

 

(b)    

removing requirements for any such plans.

 

    

This does not include provision about the status to be given to

 

any such plans in connection with the decision on an

 

application for an order granting development consent under

 

the Planning Act 2008.

 

    

Matter 18.2

 

    

Provision for and in connection with the review by local

 

planning authorities of matters which may be expected to

 

affect—

 

(a)    

the development of the authorities’ areas, or

 

(b)    

the planning of the development of the authorities’

 

areas.

 

    

Matter 18.3

 

    

Provision for and in connection with—

 

(a)    

plans of local planning authorities in relation to the

 

development and use of land in their areas, and

 

(b)    

removing requirements for any such plans.

 

    

This does not include provision about the status to be given to

 

any such plans in connection with the decision on an

 

application for an order granting development consent under

 

the Planning Act 2008.

 

    

Interpretation of this field

 

    

In this field—

 

“local planning authority” in relation to an area means—

 

(a)    

a National Park authority, in relation to a National Park

 

in Wales;

 

(b)    

a county council in Wales or a county borough council,

 

in any other case;

 

“Wales” has the meaning given by Schedule 1 to the

 

Interpretation Act 1978.”’.

 

Member’s explanatory statement

 

This amendment gives the Assembly power to pass Measures about plans of the Welsh Ministers

 

and local planning authorities concerning the development and use of land, subject to an exception

 

regarding the status of such plans, and the review by local planning authorities of matters affecting

 

their area’s development.

 

John Healey

 

514

 

Schedule  5,  page  124,  line  38,  at end insert—

 

‘1A      

In section 77 (reference of applications to Secretary of State) for subsection (6)

 

substitute—

 

“(6)    

Subsection (5) does not apply to—

 

(a)    

an application for planning permission referred to a Planning

 

Inquiry Commission under section 101; or


 
 

Notices of Amendments: 24th January 2008                

409

 

Planning Bill, continued

 
 

(b)    

an application referred to the Secretary of State under this

 

section instead of being dealt with by a local planning

 

authority in England.”’.

 

Member’s explanatory statement

 

This amendment disapplies the right to be heard in subsection (5) of section 77 of the Town and

 

Country Planning Act 1990 in relation to cases referred to the Secretary of State under that section

 

instead of being dealt with by a local planning authority in England.

 

John Healey

 

515

 

Schedule  5,  page  125,  line  36,  leave out ‘involving an appeal’.

 

Member’s explanatory statement

 

This amendment is consequential on amendment 489.

 

John Healey

 

516

 

Schedule  5,  page  126,  line  11,  leave out ‘involving an appeal’.

 

Member’s explanatory statement

 

This amendment is consequential on amendment 489.

 

John Healey

 

517

 

Schedule  5,  page  126,  line  12,  leave out ‘is’ and insert ‘are’.

 

Member’s explanatory statement

 

This amendment is consequential on amendment 489.

 

John Healey

 

518

 

Schedule  5,  page  126,  line  18,  at end insert—

 

‘11A (1)  

Amend section 333 (regulations and orders) as follows.

 

      (2)  

In subsection (4) for “and 319” substitute “, 319 and 319A(9)”.

 

      (3)  

After subsection (5) insert—

 

“(5A)    

No order may be made under section 319A(9) unless a draft of the

 

instrument containing the order has been laid before, and approved by

 

resolution of, each House of Parliament.”’.

 

Member’s explanatory statement

 

The effect of this amendment is that an order made under section 319A of the Town and Country

 

Planning Act 1990 will be subject to the affirmative resolution procedure.

 

John Healey

 

519

 

Schedule  5,  page  126,  line  21,  leave out sub-paragraph (2).

 

Member’s explanatory statement

 

The effect of this amendment is that the function of making a determination as to procedure under

 

new section 319A of the Town and Country Planning Act 1990 will remain with the Secretary of

 

State rather than being transferred to an appointed person.

 

John Healey

 

520

 

Schedule  5,  page  126,  line  26,  leave out ‘For sub-paragraph (5) of that paragraph’

 

and insert ‘In paragraph 2 for sub-paragraph (5)’.

 

Member’s explanatory statement

 

This is a technical amendment consequential on amendment 519.


 
 

Notices of Amendments: 24th January 2008                

410

 

Planning Bill, continued

 
 

John Healey

 

521

 

Schedule  5,  page  126,  line  31,  at end insert—

 

  ‘(3A)  

After sub-paragraph (9) of that paragraph insert—

 

“(10)  

Sub-paragraph (9) does not apply to references to the Secretary of

 

State in section 319A (powers and duties of the Secretary of State

 

in relation to the determination of procedure for certain

 

proceedings).”’.

 

Member’s explanatory statement

 

This purpose of this amendment is to prevent the Secretary of State functions under new section

 

319A of the Town and County Planning Act 1990 being converted into functions of an appointed

 

person.

 

John Healey

 

522

 

Schedule  5,  page  126,  line  37,  at end insert—

 

‘(5A)  

In the case of an appeal to which section 319A applies, the

 

Secretary of State must give the appellant, the local planning

 

authority and any person who has made any representations

 

mentioned in sub-paragraph (2) an opportunity to make further

 

representations if the reasons for the direction raise matters with

 

respect to which any of those persons have not made

 

representations.”

 

    (4A)  

In sub-paragraph (6) of that paragraph after “(4)” insert “or (5A)”.’.

 

Member’s explanatory statement

 

This amendment makes provision about further representations by the parties to appeals to which

 

section 319A of the Town and Country Planning Act 1990 applies where the Secretary of State has

 

directed that the appeal should be determined by him rather than an appointed person.

 

John Healey

 

523

 

Schedule  5,  page  127,  line  2,  at end insert—

 

‘13A      

In section 12 (reference of applications to Secretary of State) after subsection

 

(4) insert—

 

“(4A)    

Subsection (4) does not apply to an application referred to the

 

Secretary of State under this section instead of being dealt with by a

 

local planning authority in England.”’.

 

Member’s explanatory statement

 

This amendment disapplies the right to be heard in subsection (4) of section 12 of the Planning

 

(Listed Buildings and Conservation Areas) Act 1990 in relation to cases referred to the Secretary

 

of State under that section instead of being dealt with by a local planning authority in England.

 

John Healey

 

524

 

Schedule  5,  page  127,  line  23,  at end insert—

 

‘19A (1)  

Amend section 93 (regulations and orders) as follows.

 

      (2)  

In subsection (4) after “75(7)” insert “, 88D(8)”.

 

      (3)  

After subsection (5) insert—

 

“(5A)    

No order may be made under section 88D(8) unless a draft of the

 

instrument containing the order has been laid before, and approved by

 

resolution of, each House of Parliament.”’.


 
 

Notices of Amendments: 24th January 2008                

411

 

Planning Bill, continued

 
 

Member’s explanatory statement

 

The effect of this amendment is that an order made under section 88D(8) of the Planning (Listed

 

Buildings and Conservation Areas) Act 1990 will be subject to the affirmative resolution proce­

 

dure.

 

John Healey

 

525

 

Schedule  5,  page  127,  line  26,  leave out sub-paragraph (2).

 

Member’s explanatory statement

 

The effect of this amendment is that the function of making a determination as to procedure under

 

section 88D of the Planning (Listed Buildings and Conservation Areas) Act 1990 will remain with

 

the Secretary of State rather than being transferred to an appointed person.

 

John Healey

 

526

 

Schedule  5,  page  127,  line  30,  leave out ‘After sub-paragraph (5) of that paragraph’

 

and insert ‘In paragraph 2 after sub-paragraph (4)’.

 

Member’s explanatory statement

 

This is a technical amendment consequential on amendment 525.

 

John Healey

 

527

 

Schedule  5,  page  127,  line  31,  leave out ‘(5A)’ and insert ‘(4A)’.

 

Member’s explanatory statement

 

This is a technical amendment.

 

John Healey

 

528

 

Schedule  5,  page  127,  line  32,  at end insert—

 

  ‘(3A)  

After sub-paragraph (8) of that paragraph insert—

 

  “(9)  

Sub-paragraph (8) does not apply to references to the Secretary of

 

State in section 88D (powers and duties of the Secretary of State in

 

relation to the determination of procedure for certain

 

proceedings).”’.

 

Member’s explanatory statement

 

This purpose of this amendment is to prevent the Secretary of State functions under new section

 

88D of the Planning (Listed Buildings and Conservation Areas) Act 1990 being converted into

 

functions of an appointed person.

 

John Healey

 

529

 

Schedule  5,  page  127,  line  35,  at end insert—

 

‘(4B)  

In the case of an appeal to which section 88D applies, the Secretary

 

of State must give the appellant, the local planning authority and

 

any person who has made any representations mentioned in sub-

 

paragraph (2) an opportunity to make further representations if the

 

reasons for the direction raise matters with respect to which any of

 

those persons have not made representations.”

 

    (4A)  

In sub-paragraph (5) of that paragraph after “(4)” insert “or (4B)”.’.


 
 

Notices of Amendments: 24th January 2008                

412

 

Planning Bill, continued

 
 

Member’s explanatory statement

 

This amendment makes provision about further representations by the parties to appeals to which

 

section 88D of the Planning (Listed Buildings and Conservation Areas) Act 1990 applies where

 

the Secretary of State has directed that the appeal should be determined by him rather than an ap­

 

pointed person.

 

John Healey

 

530

 

Schedule  5,  page  128,  line  4,  at end insert—

 

‘21A      

In section 20 (reference of applications to Secretary of State) after subsection

 

(4) insert—

 

“(4A)    

Subsection (4) does not apply to an application referred to the

 

Secretary of State under this section instead of being dealt with by a

 

hazardous substances authority in England.”’.

 

Member’s explanatory statement

 

This amendment disapplies the right to be heard in subsection (4) of section 20 of the Planning

 

(Hazardous Substances) Act 1990 in relation to cases referred to the Secretary of State under that

 

section instead of being dealt with by a local planning authority in England.

 

John Healey

 

531

 

Schedule  5,  page  128,  line  21,  leave out sub-paragraphs (2) and (3).

 

Member’s explanatory statement

 

The effect of this amendment is that the function of making a determination as to procedure under

 

section 21A the Planning (Hazardous Substances) Act 1990 will remain with the Secretary of State

 

rather than being transferred to an appointed person.

 

John Healey

 

532

 

Schedule  5,  page  128,  line  25,  leave out ‘After sub-paragraph (4) of that paragraph’

 

and insert ‘In paragraph 2 after sub-paragraph (4)’.

 

Member’s explanatory statement

 

This is a technical amendment consequential on amendment 531.

 

John Healey

 

533

 

Schedule  5,  page  128,  line  27,  at end insert—

 

  ‘(4A)  

After sub-paragraph (8) of that paragraph insert—

 

  “(9)  

Sub-paragraph (8) does not apply to references to the Secretary of

 

State in section 21A (powers and duties of the Secretary of State in

 

relation to the determination of procedure for certain

 

proceedings).”’

 

Member’s explanatory statement

 

This purpose of this amendment is to prevent the Secretary of State functions under new section

 

21A of the Planning (Hazardous Substances) Act 1990 being converted into functions of an ap­

 

pointed person.

 

John Healey

 

534

 

Schedule  5,  page  128,  line  30,  at end insert—

 

‘(4B)  

In the case of an appeal to which section 21A applies, the Secretary

 

of State must give the appellant, the hazardous substances authority


 
 

Notices of Amendments: 24th January 2008                

413

 

Planning Bill, continued

 
 

and any person who has made any representations mentioned in

 

sub-paragraph (2) an opportunity to make further representations if

 

the reasons for the direction raise matters with respect to which any

 

of those persons have not made representations.”

 

    (5A)  

In sub-paragraph (5) of that paragraph after “(4)” insert “or (4B)”.’.

 

Member’s explanatory statement

 

This amendment makes provision about further representation by the parties to appeals to which

 

section 21A of the Hazardous Substances Act 1990 applies where the Secretary of State has direct­

 

ed that the appeal should be determined by him rather than an appointed person.

 

Mrs Jacqui Lait

 

Robert Neill

 

Mr David Jones

 

Mr Richard Benyon

 

Mr David Curry

 

James Duddridge

 

535

 

Clause  155,  page  83,  line  28,  at end add—

 

‘(3C)    

This section shall not apply to permitted development rights under Part 5 of

 

Schedule 2 to the Town and Country Planning (General Permitted Development)

 

Order 1995.”.’.

 

Third party rights of appeal

 

Dan Rogerson

 

Tom Brake

 

NC23

 

To move the following Clause:—

 

‘(1)    

TCPA 1990 is amended as follows.

 

(2)    

After section 78(2) (right to appeal), insert—

 

“(2A)    

Where a local planning authority appprove an application for planning

 

permission, certain persons as specified in subsection (2B) below may by

 

notice appeal to the Secretary of State.

 

(2B)    

Persons who may by notice appeal to the Secretary of State against the

 

approval of planning permission in the circumstances specified in

 

subsection (2A) above are—

 

(a)    

any persons who have lodged a formal objection to the planning

 

application in writing to the planning authority for the area in

 

which the land to which the application relates is situated;

 

(b)    

other persons at the discretion of a person appointed by the

 

Secretary of State for that purpose.”

 

(3)    

In section 79 (determination of appeals)—

 

(a)    

in subsection (2), the word “either” shall be omitted, and after the words

 

“if the appellant or the local planning authority” there shall be inserted

 

the words “or the applicant (where different from the appellant)”;

 

(b)    

in subsection (6), after the words “or to proceed with the determination”,

 

there shall be inserted the words “except for appeals as defined in section

 

78, subsection (2A), and where the appellant is as defined in section 78,

 

subsection (2B)”;


 
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