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| Clause 95, page 44, line 22, after ‘relates’, insert— |
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| | ‘(aa) | any relevant content of a national planning framework or national spatial |
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| | strategy prepared for Scotland, Wales or Northern Ireland, (where the |
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| | subject matter of the application or order will affect land in Scotland, |
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| | Wales or Northern Ireland), |
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| | (ab) | any relevant content of planning policy statements prepared to support |
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| | decision making under the Planning Acts, |
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| | (ac) | any relevant content of the development plan made under the Planning |
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| | (ad) | any statement of impacts and mitigation prepared under section (Duty to |
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| | identify and mitigate adverse impacts),’. |
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| Clause 95, page 44, line 23, leave out from ‘other’ to end of line 24 and add |
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| ‘material considerations’. |
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| Clause 96, page 44, line 29, leave out paragraph (a). |
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| Clause 96, page 44, line 29, after ‘are’ insert ‘vexatious or’. |
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| | Member’s explanatory statement
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| | This amendment enables the decision maker to disregard vexatious representations when deciding |
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| | an application for development consent. |
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| Page 44, line 35, leave out Clause 97. |
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| | Member’s explanatory statement
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| | To remove the right of the Secretary of State to suspend the decision-making process of the
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| | independent Commission, pending review of a National Policy Statement(s). |
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| Clause 98, page 45, line 16, after ‘effect,’ insert— |
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| | ‘(aa) | the Commission has accepted the application and has received a |
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| | certificate under section 52(2) in relation to the application,’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is that the power of the Secretary of State to intervene in an |
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| | application will not apply unless the application has been accepted by the Commission and the |
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| | applicant has given notice of the application as required by clause 50. |
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| Clause 98, page 45, line 20, at end insert ‘or global climate change’. |
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| Clause 98, page 45, line 30, leave out ‘and’. |
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| Clause 98, page 45, line 32, at end insert ‘and |
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| | (f) | if the national policy statement was given effect during the course of a |
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| Clause 101, page 47, line 4, leave out from ‘(b)’ to end of line 6 and insert |
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| ‘associated development.’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 388. |
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| Clause 101, page 47, line 6, at end insert— |
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| | ‘(2A) | “Associated development” means development which— |
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| | (a) | is associated with the development within subsection (2)(a) (or any part |
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| | (b) | is not the construction or extension of one or more dwellings, and |
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| | (c) | is within subsection (2B) or (2C). |
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| | (2B) | Development is within this subsection if it is to be carried out wholly in one or |
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| | more of the following areas— |
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| | (b) | waters adjacent to England up to the seaward limits of the territorial sea; |
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| | (c) | in the case of development in the field of energy, a Renewable Energy |
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| | Zone, except any part of a Renewable Energy Zone in relation to which |
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| | the Scottish Ministers have functions. |
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| | (2C) | Development is within this subsection if— |
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| | (a) | it is to be carried out wholly in Wales, |
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| | (b) | it is the carrying out or construction of surface works, boreholes or pipes, |
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| | (c) | the development within subsection (2)(a) with which it is associated is |
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| | development within section 16(3).’. |
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| | Member’s explanatory statement
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| | This amendment allows development consent to be granted for offshore development associated |
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| | with development for which development consent is required. It also allows development consent |
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| | to be granted for a restricted category of associated development in Wales, in a case relating to |
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| | Welsh gas storage facilities. |
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| Clause 101, page 47, line 7, leave out ‘development falling within subsection |
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| (2)(b)’ and insert ‘associated development’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 388. |
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| Clause 101, page 47, line 10, leave out ‘falls within subsection (2)(b)’ and insert ‘is |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 388. |
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| Page 48, line 3, leave out Clause 104. |
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| Clause 105, page 49, leave out lines 26 to 29. |
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| Clause 105, page 50, line 12, leave out paragraphs (a) and (b). |
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| Clause 105, page 50, line 12, leave out ‘provision of or made under an Act’ and |
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| insert ‘statutory provision’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 431. |
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| Clause 105, page 50, line 14, leave out ‘provisions of or made under a local Act’ |
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| and insert ‘statutory provisions of local application’. |
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| | Member’s explanatory statement
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| | This amendment extends the power to amend legislation in Clause 105(6)(b) to any statutory |
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| | provision of local application, rather than just local Acts. This will mean that an order granting |
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| | development consent may amend an order under the Transport and Works Act 1992. |
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| Clause 105, page 50, line 22, at end insert— |
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| | ‘(6A) | In subsection (6) “statutory provision” means a provision of an Act or of an |
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| | instrument made under an Act.’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 431. |
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| Clause 105, page 50, line 23, leave out ‘sections 106 and’ and insert ‘section’. |
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| | Member’s explanatory statement
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| | Amendments to Clauses 66, 75, 77 and 93 require applications for orders applying, modifying or |
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| | amending legislation to be determined by the Secretary of State. This is a consequential |
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| | amendment as Clause 106 and the reference to it in this Clause become unnecessary. |
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| Clause 105, page 50, line 23, at end insert ‘and to a resolution of both Houses of |
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| Parlaiment made under the super-affirmative resolution procedure as defined by section |
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| 18 of the Legislative and Regulatory and Reform Act 2006’. |
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| Clause 106, page 50, line 34, leave out from beginning to second ‘the’ in line 36. |
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| Clause 106, page 50, line 39, leave out subsection (4). |
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| Clause 106, page 50, line 43, leave out ‘28’ and insert ‘56’. |
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| Clause 106, page 50, line 45, leave out subsection (6). |
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| Page 50, line 27, leave out Clause 106. |
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| | Member’s explanatory statement
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| | Amendments to Clauses 66, 75, 77 and 93 require applications for orders applying, modifying or |
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| | amending legislation to be determined by the Secretary of State. This is a consequential |
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| | amendment as Clause 106 becomes unnecessary. |
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| Clause 107, page 51, line 17, leave out ‘or is incidental to’. |
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| Clause 107, page 51, line 20, leave out subsection (3). |
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| Clause 107, page 51, line 20, leave out ‘need’ and insert ‘case’. |
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| | Member’s explanatory statement
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| | This amendment provides for the test applying for the authorisation of the compulsory acquisition |
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| | of land to follow the test set out in Circular 06/05 on compulsory purchase and the Crichel Down |
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| | rules, namely, whether there is a compelling case in the public interest. |
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| Clause 109, page 51, line 32, leave out from ‘provision’ to end of line 34. |
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| Clause 114, page 55, line 33, at end insert— |
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| | ‘(9) | Where subsection (4) applies the Secretary of State shall publish a statement |
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| | detailing the means and extent of the preservation or improvement that will be |
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| | effected on the order land once compulsory acquisition has taken place.’. |
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| Clause 118, page 58, line 6, at end insert— |
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| | ‘(2) | In order to be satisfied under subsection (1)(b), the decision-maker must have |
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| | regard to public consultation.’. |
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| Page 58, line 7, leave out Clause 119. |
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| | Member’s explanatory statement
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| | This clause is to be removed so that a development consent order can grant consent for the |
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| | operations described in the clause in respect of any nationally significant infrastructure project, |
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| | not just ones involving the underground storage of gas. |
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| Clause 123, page 58, line 37, at end insert— |
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| | ‘(1A) | If an order granting development consent includes provision authorising the |
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| | charging of tolls in relation to a proposed highway, the order is treated as a toll |
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| | order for the purposes of sections 7 to 18 of the New Roads and Street Works Act |
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| | |
| | Member’s explanatory statement
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| | This amendment provides that an order granting development consent which authorises the |
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| | charging of tolls in relation to a proposed highway is to be treated as a toll order for the purposes |
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| Clause 126, page 60, line 3, at end add— |
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| | ‘(3) | Where an order granting development consent authorises the compulsory |
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| | acquisition of land, steps of a prescribed description must be taken in relation to |
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| | the compulsory acquisition before the end of— |
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| | (a) | the prescribed period, or |
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| | (b) | such other period (whether longer or shorter than that prescribed) as is |
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| | (4) | If steps of the prescribed description are not taken before the end of the period |
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| | applicable under subsection (3), the authority to compulsorily acquire the land |
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| | under the order ceases to have effect.’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is that authority to compulsorily purchase land under an order |
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| | granting development consent will cease to have effect if steps of a prescribed description are not |
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| | taken within the required time. |
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