House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 24th January 2008
361

Planning Bill, continued

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

338

Clause  95,  page  44,  line  22,  after ‘relates’, insert—

‘(aa)
any relevant content of a national planning framework or national spatial

strategy prepared for Scotland, Wales or Northern Ireland, (where the

subject matter of the application or order will affect land in Scotland,

Wales or Northern Ireland),

(ab)
any relevant content of planning policy statements prepared to support

decision making under the Planning Acts,

(ac)
any relevant content of the development plan made under the Planning

Acts,

(ad)
any statement of impacts and mitigation prepared under section (Duty to

identify and mitigate adverse impacts),’.

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

339

Clause  95,  page  44,  line  23,  leave out from ‘other’ to end of line 24 and add

‘material considerations’.

Dan Rogerson

Tom Brake

397

Clause  96,  page  44,  line  29,  leave out paragraph (a).

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.

Public Bill Committee: 24th January 2008
362

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

228

Page  44,  line  35,  leave out Clause 97.

Member’s explanatory statement

To remove the right of the Secretary of State to suspend the decision-making process of the

independent Commission, pending review of a National Policy Statement(s).

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

application 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.

Mr Elfyn Llwyd

70

Clause  98,  page  45,  line  20,  at end insert ‘or global climate change’.

Dan Rogerson

325

Clause  98,  page  45,  line  30,  leave out ‘and’.

Dan Rogerson

324

Clause  98,  page  45,  line  32,  at end insert ‘and

(f)
if the national policy statement was given effect during the course of a

previous Parliament.’.

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—

Public Bill Committee: 24th January 2008
363

Planning Bill, continued

(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.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

417

Page  48,  line  3,  leave out Clause 104.

Public Bill Committee: 24th January 2008
364

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

26

Clause  105,  page  49,  leave out lines 26 to 29.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

418

Clause  105,  page  50,  line  12,  leave out paragraphs (a) and (b).

John Healey

430


Clause  105,  page  50,  line  12,  leave out ‘provision of or made under an Act’ and

insert ‘statutory provision’.

Member’s explanatory statement

This amendment is consequent on amendment 431.

John Healey

431


Clause  105,  page  50,  line  14,  leave out ‘provisions of or made under a local Act’

and insert ‘statutory provisions of local application’.

Member’s explanatory statement

This amendment extends the power to amend legislation in Clause 105(6)(b) to any statutory

provision of local application, rather than just local Acts. This will mean that an order granting

development consent may amend an order under the Transport and Works Act 1992.

John Healey

432


Clause  105,  page  50,  line  22,  at end insert—

‘(6A)
In subsection (6) “statutory provision” means a provision of an Act or of an

instrument made under an Act.’.

Member’s explanatory statement

This amendment is consequent on amendment 431.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

212

Clause  105,  page  50,  line  23,  leave out ‘sections 106 and’ and insert ‘section’.

Member’s explanatory statement

Amendments to Clauses 66, 75, 77 and 93 require applications for orders applying, modifying or

amending legislation to be determined by the Secretary of State. This is a consequential

amendment as Clause 106 and the reference to it in this Clause become unnecessary.

Public Bill Committee: 24th January 2008
365

Planning Bill, continued

Dan Rogerson

Tom Brake

398

Clause  105,  page  50,  line  23,  at end insert ‘and to a resolution of both Houses of

Parlaiment made under the super-affirmative resolution procedure as defined by section

18 of the Legislative and Regulatory and Reform Act 2006’.

Dan Rogerson

Tom Brake

399

Clause  106,  page  50,  line  34,  leave out from beginning to second ‘the’ in line 36.

Dan Rogerson

Tom Brake

400

Clause  106,  page  50,  line  39,  leave out subsection (4).

Dan Rogerson

Tom Brake

401

Clause  106,  page  50,  line  43,  leave out ‘28’ and insert ‘56’.

Dan Rogerson

Tom Brake

402

Clause  106,  page  50,  line  45,  leave out subsection (6).

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

213

Page  50,  line  27,  leave out Clause 106.

Member’s explanatory statement

Amendments to Clauses 66, 75, 77 and 93 require applications for orders applying, modifying or

amending legislation to be determined by the Secretary of State. This is a consequential

amendment as Clause 106 becomes unnecessary.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

413

Clause  107,  page  51,  line  17,  leave out ‘or is incidental to’.

Public Bill Committee: 24th January 2008
366

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

419

Clause  107,  page  51,  line  20,  leave out subsection (3).

John Healey

433


Clause  107,  page  51,  line  20,  leave out ‘need’ and insert ‘case’.

Member’s explanatory statement

This amendment provides for the test applying for the authorisation of the compulsory acquisition

of land to follow the test set out in Circular 06/05 on compulsory purchase and the Crichel Down

rules, namely, whether there is a compelling case in the public interest.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

412

Clause  109,  page  51,  line  32,  leave out from ‘provision’ to end of line 34.

Dan Rogerson

Tom Brake

403

Clause  114,  page  55,  line  33,  at end insert—

‘(9)
Where subsection (4) applies the Secretary of State shall publish a statement

detailing the means and extent of the preservation or improvement that will be

effected on the order land once compulsory acquisition has taken place.’.

Dan Rogerson

Tom Brake

404

Clause  118,  page  58,  line  6,  at end insert—

‘(2)
In order to be satisfied under subsection (1)(b), the decision-maker must have

regard to public consultation.’.

Public Bill Committee: 24th January 2008
367

Planning Bill, continued

John Healey

434


Page  58,  line  7,  leave out Clause 119.

Member’s explanatory statement

This clause is to be removed so that a development consent order can grant consent for the

operations described in the clause in respect of any nationally significant infrastructure project,

not just ones involving the underground storage of gas.

John Healey

435


Clause  123,  page  58,  line  37,  at end insert—

‘(1A)
If an order granting development consent includes provision authorising the

charging of tolls in relation to a proposed highway, the order is treated as a toll

order for the purposes of sections 7 to 18 of the New Roads and Street Works Act

1991.’.

Member’s explanatory statement

This amendment provides that an order granting development consent which authorises the

charging of tolls in relation to a proposed highway is to be treated as a toll order for the purposes

of existing legislation.

John Healey

436


Clause  126,  page  60,  line  3,  at end add—

‘(3)
Where an order granting development consent authorises the compulsory

acquisition of land, steps of a prescribed description must be taken in relation to

the compulsory acquisition before the end of—

(a)
the prescribed period, or

(b)
such other period (whether longer or shorter than that prescribed) as is

specified in the order.

(4)
If steps of the prescribed description are not taken before the end of the period

applicable under subsection (3), the authority to compulsorily acquire the land

under the order ceases to have effect.’.

Member’s explanatory statement

The effect of this amendment is that authority to compulsorily purchase land under an order

granting development consent will cease to have effect if steps of a prescribed description are not

taken within the required time.