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| Tuesday 29th January 2008 |
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| For other Amendment(s) see the following page(s):
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| Planning Bill Committee 452-90 |
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| Clause 188, page 106, line 2, after ‘154,’ insert ‘[local development orders: |
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| removal of requirement to implement policies],’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is that the clause inserted by New Clause 29 will come into force on |
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| | a day appointed by the Secretary of State in relation to England and the Welsh Ministers in relation |
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| Clause 188, page 106, line 2, after ‘158,’ insert ‘[Appeals: miscellaneous |
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| | Member’s explanatory statement
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| | The effect of this amendment is that the clause inserted by New Clause 30 will come into force on |
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| | a day appointed by the Secretary of State in relation to England and the Welsh Ministers in relation |
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| Clause 188, page 106, line 2, leave out ‘Schedule 3’ and insert ‘Schedules 3 and |
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| [Appeals: miscellaneous amendments]’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is that the Schedule inserted by New Schedule 5 will come into force |
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| | on a day appointed by the Secretary of State in relation to England and the Welsh Ministers in re |
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| | Delegation of functions of regional planning bodies |
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| To move the following Clause:— |
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| | ‘(1) | ‘In Part 1 of the Planning and Compulsory Purchase Act 2004 (regional |
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| | functions) after section 4 insert— |
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| | “4A | Delegation of RPB functions to regional development agencies |
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| | (1) | The RPB may make arrangements with the regional development agency |
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| | for its region for the exercise by the agency on behalf of the RPB of any |
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| | (2) | Subsection (3) applies if, by virtue of section 2(7), the Secretary of State |
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| | has power to exercise any functions of the RPB. |
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| | (3) | The Secretary of State may make arrangements with the regional |
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| | development agency for the region of the RPB for the exercise by the |
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| | agency on behalf of the Secretary of State of any of the RPB’s functions. |
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| | (4) | Subsection (5) applies if, by virtue of section 10(3), the Secretary of State |
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| | has power to prepare a draft revision of the RSS because of a failure to |
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| | (5) | The Secretary of State may make arrangements with the regional |
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| | development agency for the region of the RPB for the exercise by the |
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| | agency on behalf of the Secretary of State of the Secretary of State’s |
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| | function under section 10(3). |
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| | (6) | Arrangements under this section— |
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| | (a) | may be made only if the regional development agency agrees to |
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| | the making of the arrangements and their terms; |
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| | (b) | may be varied only if the regional development agency agrees to |
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| | the variation and the terms of the variation. |
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| | (7) | Arrangements under subsection (1) may be brought to an end at any time |
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| | (8) | Arrangements under subsection (3) or (5) may be brought to an end at any |
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| | time by the Secretary of State. |
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| | (9) | A regional development agency which, by virtue of arrangements under |
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| | this section, has power, or is required, to exercise a function of the RPB, |
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| | may do anything which is calculated to facilitate, or is conducive or |
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| | incidental to, the exercise of the function. |
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| | (10) | Arrangements under subsection (1) for the exercise of a function by a |
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| | regional development agency do not prevent the RPB from exercising the |
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| | (11) | Arrangements under subsection (3) or (5) for the exercise of a function |
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| | by a regional development agency do not prevent the Secretary of State |
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| | from exercising the function. |
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| | (12) | “Regional development agency” means a development agency |
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| | established under section 1 of the Regional Development Agencies Act |
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| | (2) | The Regional Development Agencies Act 1998 is amended as follows. |
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| | (3) | In section 8 (regional consultation) after subsection (2) insert— |
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| | “(2A) | The reference in subsection (2)(b) to the functions of a regional |
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| | development agency does not include any function conferred by |
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| | arrangements under section 4A of the Planning and Compulsory |
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| | Purchase Act 2004 (delegation of functions of regional planning bodies |
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| | to regional development agencies).” |
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| | (4) | In section 11 (borrowing) after subsection (4) insert— |
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| | “(4A) | The references in subsections (2) and (4) to the functions of a regional |
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| | development agency do not include any function conferred by |
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| | arrangements under section 4A of the Planning and Compulsory |
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| | Purchase Act 2004 (delegation of functions of regional planning bodies |
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| | to regional development agencies).” |
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| | (5) | In section 18 (regional accountability) after subsection (1) insert— |
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| | “(1A) | The reference in subsection (1)(c) to the functions of a regional |
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| | development agency does not include any function conferred by |
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| | arrangements under section 4A of the Planning and Compulsory |
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| | Purchase Act 2004 (delegation of functions of regional planning bodies |
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| | to regional development agencies).” |
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| | (6) | In paragraph 7 of Schedule 2 (delegation of functions by regional development |
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| | agencies) after sub-paragraph (1) insert— |
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| | “(1A) | The reference in sub-paragraph (1) to anything authorised or required |
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| | to be done under an enactment includes a reference to anything |
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| | authorised or required to be done under arrangements made under an |
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| | Member’s explanatory statement
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| | This amendment allows a regional planning body (in fact the regional assembly is designated to |
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| | carry out this function in each region) to delegate all or part of its functions as such to the regional |
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| | development agency for its region, subject to agreement with the regional development agency. |
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| | Local development orders: removal of requirement to implement policies |
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| To move the following Clause:— |
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| | ‘(1) | Section 61A of TCPA 1990 (local development orders) is amended as set out in |
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| | (2) | Omit subsection (1) (requirement to implement policies). |
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| | (3) | In subsection (2) for “A local development order may” substitute “A local |
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| | planning authority may by order (a local development order)”. |
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| | (4) | In paragraph 2 of Schedule 4A to TCPA 1990 (revision of local development |
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| | orders) omit sub-paragraphs (4) and (5)’. |
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| | Member’s explanatory statement
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| | This amendment removes the requirement that a local development order can only be made to im |
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| | plement policies in a development plan document or local development plan. |
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| | Appeals: miscellaneous amendments |
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| To move the following Clause:— |
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| | ‘Schedule [Appeals: miscellaneous amendments] (appeals: miscellaneous |
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| | amendments) has effect.’. |
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| | Member’s explanatory statement
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| | This amendment inserts a new clause introducing a new Schedule which makes a number of mis |
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| | cellaneous amendments to appeals provisions (see member's explanatory statement for New |
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| Schedule 6, page 129, line 4, column 2, at beginning insert— |
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| | Member’s explanatory statement
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| | This amendment is consequential on New Clause 29. |
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| Schedule 6, page 129, line 10, at end insert— |
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| | ‘In Schedule 4A, paragraph 2(4) and (5).’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on New Clause 29. |
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| To move the following Schedule:— |
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| | Appeals: miscellaneous amendments |
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| | Town and Country Planning Act 1990 |
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| | 1 | TCPA 1990 is amended as follows. |
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| | 2 | In section 78 (appeals against planning decisions and failure to take planning |
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| | decisions) after subsection (4) insert— |
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| | “(4A) | A notice of appeal under this section must be accompanied by such |
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| | information as may be prescribed by a development order. |
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| | (4B) | The power to make a development order under subsection (4A) is |
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| | (a) | the Secretary of State, in relation to England; |
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| | (b) | the Welsh Ministers, in relation to Wales. |
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| | (4C) | Section 333(5) does not apply in relation to a development order under |
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| | subsection (4A) made by the Welsh Ministers. |
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| | (4D) | A development order under subsection (4A) made by the Welsh |
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| | Ministers is subject to annulment in pursuance of a resolution of the |
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| | National Assembly for Wales.” |
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| | 3 | In section 195 (appeals against refusal or failure to give decision on application |
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| | under section 191 or 192) before subsection (2) insert— |
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| | “(1B) | A notice of appeal under this section must be— |
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| | (a) | served within such time and in such manner as may be |
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| | prescribed by a development order; |
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| | (b) | accompanied by such information as may be prescribed by |
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| | (1C) | The time prescribed for the service of a notice of appeal under this |
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| | section must not be less than— |
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| | (a) | 28 days from the date of notification of the decision on the |
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| | (b) | in the case of an appeal under subsection (1)(b), 28 days |
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| | (i) | the end of the period prescribed as mentioned in |
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| | (ii) | as the case may be, the extended period mentioned in |
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| | (1D) | The power to make a development order under subsection (1B) is |
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| | (a) | the Secretary of State, in relation to England; |
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| | (b) | the Welsh Ministers, in relation to Wales. |
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| | (1E) | Section 333(5) does not apply in relation to a development order under |
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| | subsection (1B) made by the Welsh Ministers. |
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| | (1F) | A development order under subsection (1B) made by the Welsh |
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| | Ministers is subject to annulment in pursuance of a resolution of the |
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| | National Assembly for Wales.” |
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| | 4 (1) | Section 208 (appeals against notices under section 207) is amended as follows. |
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| | (2) | For subsection (4) substitute— |
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| | (a) | indicate the grounds of the appeal, |
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| | (b) | state the facts on which the appeal is based, and |
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| | (c) | be accompanied by such information as may be prescribed. |
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| | (4A) | The power to make regulations under subsection (4)(c) is exercisable |
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| | (a) | the Secretary of State, in relation to England; |
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| | (b) | the Welsh Ministers, in relation to Wales. |
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| | (4B) | Section 333(3) does not apply in relation to regulations under |
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| | subsection (4)(c) made by the Welsh Ministers. |
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| | (4C) | Regulations under subsection (4)(c) made by the Welsh Ministers are |
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| | subject to annulment in pursuance of a resolution of the National |
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| | (3) | In subsection (5) for “any such appeal” substitute “an appeal under subsection |
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| | Planning (Listed Buildings and Conservation Areas) Act 1990 |
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| | 5 | In section 21 of the Listed Buildings Act (appeals: supplementary provisions) |
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| | after subsection (7) insert— |
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| | “(8) | Regulations under this Act may provide for an appeal under section 20 |
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| | to be accompanied by such other information as may be prescribed. |
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| | (9) | The power to make regulations under subsection (8) is exercisable |
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| | (a) | the Secretary of State, in relation to England; |
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| | (b) | the Welsh Ministers, in relation to Wales. |
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| | (10) | Section 93(3) does not apply in relation to regulations under |
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| | subsection (8) made by the Welsh Ministers. |
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| | (11) | Regulations under subsection (8) made by the Welsh Ministers are |
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| | subject to annulment in pursuance of a resolution of the National |
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| | Planning (Hazardous Substances) Act 1990 |
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| | 6 | In section 21 of the Hazardous Substances Act (appeals against decisions and |
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| | failure to take decisions relating to hazardous substances) after subsection (3) |
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| | “(3A) | A notice of appeal under this section must be accompanied by such |
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| | information as may be prescribed. |
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| | (3B) | The power to make regulations under subsection (3A) is exercisable |
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| | (a) | the Secretary of State, in relation to England; |
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| | (b) | the Welsh Ministers, in relation to Wales. |
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| | (3C) | Section 40(3) does not apply in relation to regulations under |
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| | subsection (3A) made by the Welsh Ministers. |
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| | (3D) | Regulations under subsection (3A) made by the Welsh Ministers are |
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| | subject to annulment in pursuance of a resolution of the National |
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| | Member’s explanatory statement
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| | This amendment amends various appeals provisions to provide for notices of appeal to be accom |
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| | panied by prescribed information. It also provides for notices of appeal against local planning au |
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| | thorities’ refusals to issue lawful development certificates to be served within such time and in such |
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| | manner as may be prescribed. |
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| Clause 166, page 94, line 30, leave out from ‘q uestions’ to end of line 31 and add |
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| Clause 172, page 97, line 14, after ‘CIL’, insert ‘, and about how to ensure that |
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| developers do not pay for the same infrastructure under two different powers.’. |
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| Clause 163, page 92, line 32, at end insert— |
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| | ‘(1A) | All charging authorities empowered to introduce CIL must do so.’. |
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| | Powers of National Assembly for Wales |
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| To move the following Clause:— |
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| | ‘In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly |
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| | measures: matters within Assembly’s legislative competence), after the heading |
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| | “Field 18: town and country planning” insert— |
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5 | | | Provision for and in connection with— |
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| | (a) | plans of the Welsh Ministers in relation to the |
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| | development and use of land in Wales, and |
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| | (b) | removing requirements for any such plans. |
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| | | This does not include provision about the status to be given to |
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10 | | any such plans in connection with the decision on an |
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| | application for an order granting development consent under |
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| | | Provision for and in connection with the review by local |
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15 | | planning authorities of matters which may be expected to |
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| | (a) | the development of the authorities’ areas, or |
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| | (b) | the planning of the development of the authorities’ |
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| | | Provision for and in connection with— |
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| | (a) | plans of local planning authorities in relation to the |
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| | development and use of land in their areas, and |
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| | (b) | removing requirements for any such plans. |
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25 | | | This does not include provision about the status to be given to |
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| | any such plans in connection with the decision on an |
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| | application for an order granting development consent under |
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| | | Interpretation of this field |
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| | “local planning authority” in relation to an area means— |
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| | (a) | a National Park authority, in relation to a National Park |
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| | (b) | a county council in Wales or a county borough council, |
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| | “Wales” has the meaning given by Schedule 1 to the |
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| | Interpretation Act 1978.”’. |
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