249

House of Commons

Notices of Amendments

given on

Thursday 17th January 2008

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

Planning Bill Committee 186-247

Public Bill Committee

---

Planning Bill

John Healey

370

Clause  59,  page  30,  line  36,  after ‘until’ insert ‘— (a)’.

Member’s explanatory statement

This is a technical amendment as a consequence of amendment 371.

John Healey

371

Clause  59,  page  30,  line  37,  after ‘application’ insert ‘, or

(b)	(if earlier) the ex-Commissioner ceases to be a member of the Panel.’.

Member’s explanatory statement

This clarifies that an ex-Commissioner will no longer be treated as continuing to hold office as a

Commissioner if, for whatever reason, they cease to be a member of a Panel.

John Healey

372

Clause  59,  page  30,  line  39,  after ‘until’ insert ‘— (a)’.

Member’s explanatory statement

This is a technical amendment as a consequence of amendment 373.

John Healey

373

Clause  59,  page  30,  line  41,  after ‘application’ insert ‘, or

(b)	(if earlier) the ex-Commissioner ceased to be a member of the Panel.’.

Member’s explanatory statement

This clarifies that an ex-Commissioner will stop being treated as having continued to hold office

as a Commissioner if, for whatever reason, they cease to be a member of a Panel.

Notices of Amendments: 17th January 2008

250

Planning Bill, continued

John Healey

374

Clause  73,  page  35,  line  22,  after ‘until’ insert ‘— (a)’.

Member’s explanatory statement

This is a technical amendment as a consequence of amendment 375.

John Healey

375

Clause  73,  page  35,  line  23,  after ‘application’ insert ‘, or

(b)	(if earlier) the ex-Commissioner ceases to be the single Commissioner.’.

Member’s explanatory statement

This clarifies that an ex-Commissioner will no longer be treated as continuing to hold office as a

Commissioner if, for whatever reason, they cease to be the Single Commissioner.

John Healey

376

Clause  73,  page  35,  line  25,  after ‘until’ insert ‘— (a)’.

Member’s explanatory statement

This is a technical amendment as a consequence of amendment 377.

John Healey

377

Clause  73,  page  35,  line  27,  after ‘application’ insert ‘, or

(b)	(if earlier) the ex-Commissioner ceased to be the single Commissioner.’.

Member’s explanatory statement

This clarifies that an ex-Commissioner will stop being treated as having continued to hold office

as a Commissioner if, for whatever reason, they cease to be the single Commissioner.

John Healey

378

Clause  79,  page  37,  line  21,  after ‘are’ insert ‘vexatious or’.

Member’s explanatory statement

This amendment enables the Examining authority when examining an application for development

consent to disregard any representations, which it considers vexatious.

John Healey

379

Clause  85,  page  40,  line  7,  after ‘irrelevant’ insert ‘, vexatious or’.

Member’s explanatory statement

This amendment enables the Examining authority to refuse to allow representations which it con­

siders to be vexatious to be made at a hearing.

John Healey

380

Clause  89,  page  41,  line  31,  leave out subsection (2).

Member’s explanatory statement

This is a technical amendment as consequence of the New Clause 35 [Timetable for decisions].

John Healey

381

Clause  89,  page  41,  line  35,  at end insert—

‘(3A)

In a case where the Examining authority is required to make a report to the

Secretary of State under section 66(2)(b) or 75(2)(b), the Examining authority is

Notices of Amendments: 17th January 2008

251

Planning Bill, continued

under a duty to make its report by the end of the period of 3 months beginning

with the day after the deadline for completion of its examination of the

application.’.

Member’s explanatory statement

This amendment imposes a requirement that the Examining authority must make its report to the

Secretary of State within 3 months of the deadline for completing its examination of an application,

when the Secretary of State is responsible for deciding it.

John Healey

382

Clause  92,  page  42,  line  27,  leave out from beginning to end of line 32 and insert—

‘(4)	A representation is a relevant representation for the purposes of subsection (1) to

the extent that—

(a)	it is a representation about the application,

(b)	it is made to the Commission in the prescribed form and manner,

(c)	it is received by the Commission no later than the deadline that applies

under section 50 to the person making it,

(d)	it contains material of a prescribed description, and

(e)	it does not contain—’.

Member’s explanatory statement

This amendment clarifies and expands the definition of ‘relevant representation’ and enables the

Secretary of State to make regulations about the form and manner of and material to be included

in a ‘relevant representation’.

John Healey

383

Clause  92,  page  42,  line  36,  leave out ‘and’ and insert ‘or’.

Member’s explanatory statement

This is a technical amendment as a consequence of amendment 384.

John Healey

384

Clause  92,  page  42,  line  37,  after ‘is’ insert ‘vexatious or’.

Member’s explanatory statement

This effect of this amendment is that representations will not form part of a 'relevant representa­

tion' to the extent that they are vexatious.

John Healey

385

Clause  96,  page  44,  line  29,  after ‘are’ insert ‘vexatious or’.

Member’s explanatory statement

This amendment enables the decision maker to disregard vexatious representations when deciding

an application for development consent.

John Healey

386

Clause  98,  page  45,  line  16,  after ‘effect,’ insert—

‘(aa)

the Commission has accepted the application and has received a

certificate under section 52(2) in relation to the application,’.

Member’s explanatory statement

The effect of this amendment is that the power of the Secretary of State to intervene in an applica­

tion will not apply unless the application has been accepted by the Commission and the applicant

has given notice of the application as required by clause 50.

Notices of Amendments: 17th January 2008

252

Planning Bill, continued

John Healey

387

Clause  101,  page  47,  line  4,  leave out from ‘(b)’ to end of line 6 and insert

‘associated development.’.

Member’s explanatory statement

This amendment is consequent on amendment 388.

John Healey

388

Clause  101,  page  47,  line  6,  at end insert—

‘(2A)

“Associated development” means development which—

(a)	is associated with the development within subsection (2)(a) (or any part

of it),

(b)	is not the construction or extension of one or more dwellings, and

(c)	is within subsection (2B) or (2C).

(2B)	Development is within this subsection if it is to be carried out wholly in one or

more of the following areas—

(a)

England;

(b)	waters adjacent to England up to the seaward limits of the territorial sea;

(c)	in the case of development in the field of energy, a Renewable Energy

Zone, except any part of a Renewable Energy Zone in relation to which

the Scottish Ministers have functions.

(2C)	Development is within this subsection if—

(a)	it is to be carried out wholly in Wales,

(b)	it is the carrying out or construction of surface works, boreholes or pipes,

and

(c)	the development within subsection (2)(a) with which it is associated is

development within section 16(3).’.

Member’s explanatory statement

This amendment allows development consent to be granted for offshore development associated

with development for which development consent is required. It also allows development consent

to be granted for a restricted category of associated development in Wales, in a case relating to

Welsh gas storage facilities.

John Healey

389

Clause  101,  page  47,  line  7,  leave out ‘development falling within subsection

(2)(b)’ and insert ‘associated development’.

Member’s explanatory statement

This amendment is consequent on amendment 388.

John Healey

390

Clause  101,  page  47,  line  10,  leave out ‘falls within subsection (2)(b)’ and insert ‘is

associated development’.

Member’s explanatory statement

This amendment is consequent on amendment 388.

Notices of Amendments: 17th January 2008

253

Planning Bill, continued

Timetable for decisions

John Healey

NC12

To move the following Clause:—

‘(1)	The decision-maker is under a duty to decide an application for an order granting

development consent by the end of the period of 3 months beginning with the day

after the start day.

(2)	The start day is—

(a)	in a case where a Panel is the decision-maker, the deadline for the

completion of its examination of the application under section 89;

(b)	in a case where the Council is the decision-maker, the deadline for the

completion of the single Commissioner’s examination of the application

under section 89;

(c)	in a case where the Secretary of State is the decision-maker, the day on

which the Secretary of State receives a report on the application under

section 66(2)(b) or 75(2)(b).

(3)	The appropriate authority may set a date for the deadline under subsection (1) that

is later than the date for the time being set.

(4)	The appropriate authority is—

(a)	in a case where a Panel or the Council is the decision-maker, the person

appointed to chair the Commission;

(b)	in a case where the Secretary of State is the decision-maker, the Secretary

of State.

(5)	The power under subsection (3) may be exercised—

(a)	more than once in relation to the same deadline;

(b)	after the date for the time being set for the deadline.

(6)	Where the power under subsection (3) is exercised other than by the Secretary of

State—

(a)	the person exercising the power must notify the Secretary of State of

what has been done and of the reasons for doing it, and

(b)	the Commission’s report under paragraph 16 of Schedule 1 for the

financial year in which the power is exercised must mention and explain

what has been done.

(7)	Where the power under subsection (3) is exercised by the Secretary of State, the

Secretary of State must—

(a)	notify each interested party of what has been done and of the reasons for

doing it, and

(b)	lay before Parliament a report explaining what has been done.

(8)	A report under subsection (7)(b) must be published in such form and manner as

the Secretary of State thinks appropriate.

(9)	“Interested party” means a person who is an interested party in relation to the

application for the purposes of Chapter 4 (see section 92).’.

Member’s explanatory statement

This amendment establishes a timetable for making decisions on applications for development

consent. This can be varied by the chair of the Commission where the Panel or the Council is the

decision maker and by the Secretary of State where the Secretary of State is the decision maker.

Mr Clive Betts

391

Clause  32,  page  16,  line  25,  leave out ‘Commission’ and insert ‘Secretary of State’.

Notices of Amendments: 17th January 2008

254

Planning Bill, continued

Mr Clive Betts

392

Clause  33,  page  17,  line  14,  leave out ‘Commission’ and insert ‘Secretary of State’.

Mr Clive Betts

393

Clause  33,  page  17,  line  15,  leave out ‘its’and insert ‘the’.

Mr Clive Betts

394

Page  36,  line  17,  leave out Clause 76.

Mr Clive Betts

395

Page  36,  line  23,  leave out Clause 77.

Mr Clive Betts

396

Clause  93,  page  43,  leave out lines 26 to 27 and insert ‘means the Secretary of State.’.

---

Revised 18 January 2008