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| | Thursday 17th January 2008 |
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| | [Seventh and Eighth Sittings]
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| | Clause 5, page 2, line 36, leave out ‘may’ and insert ‘must’. |
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| | Clause 5, page 2, line 38, after ‘State,’, insert— |
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| | | ‘(aa) | has been approved by a resolution of the House of Commons,’. |
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| | Clause 5, page 2, line 39, leave out from ‘to’ to end of line 40 and insert— |
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| | | ‘(i) | one or more specified descriptions of developments, or |
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| | | (ii) | the natural environment.’. |
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| | Clause 5, page 2, line 40, leave out ‘development’ and insert ‘developments in the |
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| | | Negatived on division 280 |
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| | Clause 5, page 2, line 40, at end insert ‘, and |
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| | | (c) | has been subject to Parliamentary consideration in accordance with |
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| | | section [Parliamentary consideration of national policy statements], and |
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| | | (d) | has been laid before, and approved by, a resolution of each House of |
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| | Clause 5, page 3, line 2, at end insert— |
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| | | ‘(2A) | Before designating a statement as a national policy statement for the purposes of |
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| | | this Act the Secretary of State must publish a process and timetable for the |
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| | | production of that national policy statement.’. |
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| | Clause 5, page 3, line 4, leave out from ‘an’ to end of line 5 and insert |
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| | ‘environmental assessment in accordance with the Environmental Assessment of Plans |
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| | and Programmes Directive 2001/42/EC and regulations implementing that Directive’. |
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| | Clause 5, page 3, line 5, at end insert ‘, which must include flood risk.’. |
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| | Clause 5, page 3, line 5, at end insert ‘contained in an overarching national |
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| | infrastructure policy framework tying together the national policy statements and creating |
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| | a strategic framework for sustainable development and any cross national issue.’. |
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| | Clause 5, page 3, line 5, at end insert— |
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| | | ‘(3A) | A statement may only be designated under this section if the Secretary of State is |
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| | | satisfied that the policies in the statement have due regard to the mitigation of, and |
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| | | adaptation to, climate change. |
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| | | (3B) | A statement designated under this section must contain a statement that it is the |
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| | | Secretary of State’s view that the requirement of subsection (3)(a) is satisfied.’. |
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| | Clause 5, page 3, line 5, at end insert— |
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| | | ‘(3A) | A statement may be designated as a national policy statement for the purposes of |
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| | | this Act only if 4 months have elapsed since the proposals were sent to Parliament |
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| | | and the Secretary of State has considered any report produced by any committee |
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| | | of either House of Parliament on the proposals.’. |
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| | | Negatived on division 181 |
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| | Clause 5, page 3, line 8, at end insert— |
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| | | ‘(4A) | The policy set out in a national policy statement may not— |
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| | | (a) | identify any location or site as suitable (or potentially suitable) or |
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| | | unsuitable for a specified description of development; |
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| | | (b) | identify any individual statutory undertaker or undertakers as appropriate |
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| | | persons to carry out a specified description of development.’. |
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| | Clause 5, page 3, line 16, leave out paragraph (d). |
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| | Clause 5, page 3, line 18, leave out paragraph (e). |
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| | Clause 5, page 3, line 22, at end insert— |
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| | | ‘(g) | set out the flood risk of identified locations.’. |
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| | Clause 5, page 3, line 29, at end add— |
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| | | ‘(9) | The Secretary of State may issue a national policy statement under subsection (1) |
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| | | of this section in respect of any nationally significant infrastructure project as |
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| | | defined in sections 13(1) and (2).’. |
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| | Clause 6, page 3, line 31, at beginning insert— |
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| | | ‘(A1) | The Secretary of State shall consider continuously whether each national policy |
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| | | statement should be reviewed. |
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| | | (A2) | The Secretary of State shall lay before Parliament and publish each year a report |
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| | | on the national policy statements which have been designated and whether a |
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| | | review is being carried out or will be carried out.’. |
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| | Clause 6, page 3, line 31, after ‘must’, insert ‘continuously’. |
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| | Clause 6, page 3, line 31, leave out from ‘statement’ to end of line 32 and insert |
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| | ‘annually and publish a report’. |
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| | Clause 6, page 3, line 31, leave out from ‘statement’ to end of line 32. |
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| | Clause 7, page 4, line 9, at end insert— |
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| | | ‘(1A) | The Secretary of State shall provide for early public participation, when all |
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| | | options are open and effective public participation can take place, within a |
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| | | transparent and fair framework.’. |
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| | Clause 7, page 4, line 10, leave out first ‘such’. |
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| | Clause 7, page 4, line 10, leave out second ‘such’. |
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| | Clause 7, page 4, line 11, leave out ‘as the Secretary of State thinks appropriate’. |
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| | Clause 7, page 4, line 13, leave out ‘subsections (4) and (5)’ and insert ‘subsection |
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| | Clause 7, page 4, line 13, leave out ‘subsections (4) and (5)’ and insert ‘the rest of |
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| | Clause 7, page 4, line 13, leave out ‘and (5)’ and insert ‘(4A), (4B) and (5)’. |
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| | Clause 7, page 4, line 13, at end insert— |
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| | | ‘(2A) | The consultation period shall not be less than 12 weeks. |
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| | | (2B) | The publicity arrangements shall include advertisement in one or more national |
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| | | newspapers and the Gazette, placing the proposal and relevant supporting |
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| | | material on the Secretary of State’s website and giving notice to Parliament.’. |
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| | Clause 7, page 4, line 14, at end insert— |
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| | | ‘(za) | options seriously entertained by the Secretary of State as contributing to |
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| | | a draft or amended statement for the purposes of this Act.’. |
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| | Clause 7, page 4, line 19, at end insert— |
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| | | ‘(4A) | If the national policy statement relates, in whole or part, to England the Secretary |
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| | | of State shall consult Natural England, the Historic Buildings and Monuments |
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| | | Commission for England, the Environment Agency and the Local Government |
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| | | (4B) | If the national policy statement relates, in whole or part, to Scotland, the Secretary |
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| | | of State shall consult the Scottish Executive, the Scottish Environment Protection |
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| | | Agency, Scottish Natural Heritage and the Convention of Scottish Local |
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| | | (4C) | If the national policy statement relates, in whole or part, to Wales, the Secretary |
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| | | of State shall consult the Welsh Assembly Government, the Environment |
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| | | Agency, the Countryside Council for Wales and the Welsh Local Government |
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| | Clause 7, page 4, line 19, at end insert— |
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| | | ‘(4A) | The public shall have a minimum of 13 weeks from the publication of notice of |
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| | | the Secretary of State’s intentions to make representations upon the proposal. |
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| | | (4B) | The draft of the proposal shall be accompanied by an Environmental Report |
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| | | under the Environmental Assessment of Plans and Programmes directive and, if |
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| | | necessary, a draft Appropriate Assessment under the Habitats Directive.’ |
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| | Clause 7, page 4, line 20, leave out subsection (5). |
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| | Clause 7, page 4, line 23, at end insert ‘which must include publicising the |
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| | consultation in formats accessible to people with disabilities.’. |
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| | Clause 7, page 4, line 23, at end insert— |
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| | | ‘(5A) | The publicity to be taken under subsection (5) shall include advertisement in a |
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| | | newspaper circulating in the locality, the display of one or more site notices at the |
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| | | location and placing copies of the proposal and relevant supporting material for |
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| | | inspection by the public at one or more places in or convenient to the location.’. |
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| | Clause 7, page 4, line 23, at end insert— |
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| | | ‘(5B) | If subsection (5) applies, any authority required to be consulted under section 8 |
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| | | shall also be consulted on the proposal. |
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| | | (5C) | If subsection (5) applies, the Secretary of State shall consult any parish or town |
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| | | council (if in England) or any community council (if in Wales) whose area |
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| | | includes the location or is within 10 miles of the location.’. |
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| | Clause 7, page 4, line 25, at end add ‘with or without modifications’. |
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| | Clause 7, page 4, line 25, at end add— |
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| | | ‘(7) | Where a national policy statement refers to a geographically specific part of the |
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| | | country, the Secretary of State must, in arranging publicity under subsection (2), |
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| | | arrange for publicity to be made available in at least two local newspapers in the |
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| | | relevant area, where published.’. |
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