House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

491

House of Commons

Notices of Amendments

given on

Tuesday 29th January 2008

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

Planning Bill Committee 452-90

Public Bill Committee

Planning Bill

John Healey

611

Clause  188,  page  106,  line  2,  after ‘154,’ insert ‘[local development orders:

removal of requirement to implement policies],’.

Member’s explanatory statement

The effect of this amendment is that the clause inserted by New Clause 29 will come into force on

a day appointed by the Secretary of State in relation to England and the Welsh Ministers in relation

to Wales.

John Healey

612

Clause  188,  page  106,  line  2,  after ‘158,’ insert ‘[Appeals: miscellaneous

amendments]’.

Member’s explanatory statement

The effect of this amendment is that the clause inserted by New Clause 30 will come into force on

a day appointed by the Secretary of State in relation to England and the Welsh Ministers in relation

to Wales.

John Healey

613

Clause  188,  page  106,  line  2,  leave out ‘Schedule 3’ and insert ‘Schedules 3 and

[Appeals: miscellaneous amendments]’.

Member’s explanatory statement

The effect of this amendment is that the Schedule inserted by New Schedule 5 will come into force

on a day appointed by the Secretary of State in relation to England and the Welsh Ministers in re

lation to Wales.

Notices of Amendments: 29th January 2008
492

Planning Bill, continued

Delegation of functions of regional planning bodies

John Healey

nc28

To move the following Clause:—

‘(1)
‘In Part 1 of the Planning and Compulsory Purchase Act 2004 (regional

functions) after section 4 insert—

“4A
Delegation of RPB functions to regional development agencies

(1)
The RPB may make arrangements with the regional development agency

for its region for the exercise by the agency on behalf of the RPB of any

of the RPB’s functions.

(2)
Subsection (3) applies if, by virtue of section 2(7), the Secretary of State

has power to exercise any functions of the RPB.

(3)
The Secretary of State may make arrangements with the regional

development agency for the region of the RPB for the exercise by the

agency on behalf of the Secretary of State of any of the RPB’s functions.

(4)
Subsection (5) applies if, by virtue of section 10(3), the Secretary of State

has power to prepare a draft revision of the RSS because of a failure to

comply by the RPB.

(5)
The Secretary of State may make arrangements with the regional

development agency for the region of the RPB for the exercise by the

agency on behalf of the Secretary of State of the Secretary of State’s

function under section 10(3).

(6)
Arrangements under this section—

(a)
may be made only if the regional development agency agrees to

the making of the arrangements and their terms;

(b)
may be varied only if the regional development agency agrees to

the variation and the terms of the variation.

(7)
Arrangements under subsection (1) may be brought to an end at any time

by the RPB.

(8)
Arrangements under subsection (3) or (5) may be brought to an end at any

time by the Secretary of State.

(9)
A regional development agency which, by virtue of arrangements under

this section, has power, or is required, to exercise a function of the RPB,

may do anything which is calculated to facilitate, or is conducive or

incidental to, the exercise of the function.

(10)
Arrangements under subsection (1) for the exercise of a function by a

regional development agency do not prevent the RPB from exercising the

function.

(11)
Arrangements under subsection (3) or (5) for the exercise of a function

by a regional development agency do not prevent the Secretary of State

from exercising the function.

(12)
“Regional development agency” means a development agency

established under section 1 of the Regional Development Agencies Act

1998.”’.

Notices of Amendments: 29th January 2008
493

Planning Bill, continued

(2)
The Regional Development Agencies Act 1998 is amended as follows.

(3)
In section 8 (regional consultation) after subsection (2) insert—

“(2A)
The reference in subsection (2)(b) to the functions of a regional

development agency does not include any function conferred by

arrangements under section 4A of the Planning and Compulsory

Purchase Act 2004 (delegation of functions of regional planning bodies

to regional development agencies).”

(4)
In section 11 (borrowing) after subsection (4) insert—

“(4A)
The references in subsections (2) and (4) to the functions of a regional

development agency do not include any function conferred by

arrangements under section 4A of the Planning and Compulsory

Purchase Act 2004 (delegation of functions of regional planning bodies

to regional development agencies).”

(5)
In section 18 (regional accountability) after subsection (1) insert—

“(1A)
The reference in subsection (1)(c) to the functions of a regional

development agency does not include any function conferred by

arrangements under section 4A of the Planning and Compulsory

Purchase Act 2004 (delegation of functions of regional planning bodies

to regional development agencies).”

(6)
In paragraph 7 of Schedule 2 (delegation of functions by regional development

agencies) after sub-paragraph (1) insert—

“(1A)
The reference in sub-paragraph (1) to anything authorised or required

to be done under an enactment includes a reference to anything

authorised or required to be done under arrangements made under an

enactment.”

Member’s explanatory statement

This amendment allows a regional planning body (in fact the regional assembly is designated to

carry out this function in each region) to delegate all or part of its functions as such to the regional

development agency for its region, subject to agreement with the regional development agency.

Local development orders: removal of requirement to implement policies

John Healey

nc29

To move the following Clause:—

‘(1)
Section 61A of TCPA 1990 (local development orders) is amended as set out in

subsections (2) and (3).

(2)
Omit subsection (1) (requirement to implement policies).

(3)
In subsection (2) for “A local development order may” substitute “A local

planning authority may by order (a local development order)”.

(4)
In paragraph 2 of Schedule 4A to TCPA 1990 (revision of local development

orders) omit sub-paragraphs (4) and (5)’.

Member’s explanatory statement

This amendment removes the requirement that a local development order can only be made to im

plement policies in a development plan document or local development plan.

Notices of Amendments: 29th January 2008
494

Planning Bill, continued

Appeals: miscellaneous amendments

John Healey

nc30

To move the following Clause:—

‘Schedule [Appeals: miscellaneous amendments] (appeals: miscellaneous

amendments) has effect.’.

Member’s explanatory statement

This amendment inserts a new clause introducing a new Schedule which makes a number of mis

cellaneous amendments to appeals provisions (see member's explanatory statement for New

Schedule 5).

John Healey

614

Schedule  6,  page  129,  line  4,  column 2, at beginning insert—

‘Section 61A(1).’.

Member’s explanatory statement

This amendment is consequential on New Clause 29.

John Healey

615

Schedule  6,  page  129,  line  10,  at end insert—

‘In Schedule 4A, paragraph 2(4) and (5).’.

Member’s explanatory statement

This amendment is consequential on New Clause 29.

John Healey

ns1

To move the following Schedule:—

SCHEDULE 1

Appeals: miscellaneous amendments

Town and Country Planning Act 1990

1
TCPA 1990 is amended as follows.

2
In section 78 (appeals against planning decisions and failure to take planning

decisions) after subsection (4) insert—

“(4A)
A notice of appeal under this section must be accompanied by such

information as may be prescribed by a development order.

(4B)
The power to make a development order under subsection (4A) is

exercisable by—

(a)
the Secretary of State, in relation to England;

(b)
the Welsh Ministers, in relation to Wales.

Notices of Amendments: 29th January 2008
495

Planning Bill, continued

(4C)
Section 333(5) does not apply in relation to a development order under

subsection (4A) made by the Welsh Ministers.

(4D)
A development order under subsection (4A) made by the Welsh

Ministers is subject to annulment in pursuance of a resolution of the

National Assembly for Wales.”

3
In section 195 (appeals against refusal or failure to give decision on application

under section 191 or 192) before subsection (2) insert—

“(1B)
A notice of appeal under this section must be—

(a)
served within such time and in such manner as may be

prescribed by a development order;

(b)
accompanied by such information as may be prescribed by

such an order.

(1C)
The time prescribed for the service of a notice of appeal under this

section must not be less than—

(a)
28 days from the date of notification of the decision on the

application; or

(b)
in the case of an appeal under subsection (1)(b), 28 days

from—

(i)
the end of the period prescribed as mentioned in

subsection (1)(b), or

(ii)
as the case may be, the extended period mentioned in

subsection (1)(b).

(1D)
The power to make a development order under subsection (1B) is

exercisable by—

(a)
the Secretary of State, in relation to England;

(b)
the Welsh Ministers, in relation to Wales.

(1E)
Section 333(5) does not apply in relation to a development order under

subsection (1B) made by the Welsh Ministers.

(1F)
A development order under subsection (1B) made by the Welsh

Ministers is subject to annulment in pursuance of a resolution of the

National Assembly for Wales.”

4    (1)
Section 208 (appeals against notices under section 207) is amended as follows.

      (2)
For subsection (4) substitute—

“(4)
The notice shall—

(a)
indicate the grounds of the appeal,

(b)
state the facts on which the appeal is based, and

(c)
be accompanied by such information as may be prescribed.

(4A)
The power to make regulations under subsection (4)(c) is exercisable

by—

(a)
the Secretary of State, in relation to England;

(b)
the Welsh Ministers, in relation to Wales.

(4B)
Section 333(3) does not apply in relation to regulations under

subsection (4)(c) made by the Welsh Ministers.

(4C)
Regulations under subsection (4)(c) made by the Welsh Ministers are

subject to annulment in pursuance of a resolution of the National

Assembly for Wales.”

Notices of Amendments: 29th January 2008
496

Planning Bill, continued

      (3)
In subsection (5) for “any such appeal” substitute “an appeal under subsection

(1)”.

Planning (Listed Buildings and Conservation Areas) Act 1990

5
In section 21 of the Listed Buildings Act (appeals: supplementary provisions)

after subsection (7) insert—

“(8)
Regulations under this Act may provide for an appeal under section 20

to be accompanied by such other information as may be prescribed.

(9)
The power to make regulations under subsection (8) is exercisable

by—

(a)
the Secretary of State, in relation to England;

(b)
the Welsh Ministers, in relation to Wales.

(10)
Section 93(3) does not apply in relation to regulations under

subsection (8) made by the Welsh Ministers.

(11)
Regulations under subsection (8) made by the Welsh Ministers are

subject to annulment in pursuance of a resolution of the National

Assembly for Wales.”

Planning (Hazardous Substances) Act 1990

6
In section 21 of the Hazardous Substances Act (appeals against decisions and

failure to take decisions relating to hazardous substances) after subsection (3)

insert—

“(3A)
A notice of appeal under this section must be accompanied by such

information as may be prescribed.

(3B)
The power to make regulations under subsection (3A) is exercisable

by—

(a)
the Secretary of State, in relation to England;

(b)
the Welsh Ministers, in relation to Wales.

(3C)
Section 40(3) does not apply in relation to regulations under

subsection (3A) made by the Welsh Ministers.

(3D)
Regulations under subsection (3A) made by the Welsh Ministers are

subject to annulment in pursuance of a resolution of the National

Assembly for Wales.”’.

Member’s explanatory statement

This amendment amends various appeals provisions to provide for notices of appeal to be accom

panied by prescribed information. It also provides for notices of appeal against local planning au

thorities’ refusals to issue lawful development certificates to be served within such time and in such

manner as may be prescribed.

Mr Clive Betts

616

Clause  166,  page  94,  line  30,  leave out from ‘q uestions’ to end of line 31 and add

‘relating to CIL.’.

Mr Clive Betts

617

Clause  172,  page  97,  line  14,  after ‘CIL’, insert ‘, and about how to ensure that

developers do not pay for the same infrastructure under two different powers.’.

Notices of Amendments: 29th January 2008
497

Planning Bill, continued

Mr Clive Betts

618

Clause  163,  page  92,  line  32,  at end insert—

‘(1A)
All charging authorities empowered to introduce CIL must do so.’.

Powers of National Assembly for Wales

John Healey

nc22

To move the following Clause:—

‘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
5

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
10
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
15
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.
20

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.
25

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
30

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,
35
in any other case;

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

Interpretation Act 1978.”’.