Public Bill Committee: 24th January 2008

375

Planning Bill, continued

John Healey

154

Clause  182,  page  101,  leave out lines 43 and 44.

Member’s explanatory statement

This drafting amendment is needed in consequence of amendment 125.

John Healey

155

Clause  182,  page  102,  line  1,  at end insert—

‘“gas reception facility” must be read in accordance with section [gas

reception facilities] (2);’.

Member’s explanatory statement

This drafting amendment is needed in consequence of amendment NC2.

John Healey

156

Clause  182,  page  102,  line  19,  at end insert—

‘“LNG facility” must be read in accordance with section [LNG facilities]

(3);’.

Member’s explanatory statement

This drafting amendment is needed in consequence of New Clause 1.

John Healey

157

Clause  182,  page  102,  line  50,  at end insert—

‘“standard”, in relation to a volume of gas, means the volume of gas at a

pressure of 101.325 kiloPascals and a temperature of 273 Kelvin;’.

Member’s explanatory statement

This amendment is needed in consequence of amendments 120 , New Clauses 1 and 2.

John Healey

158

Clause  182,  page  103,  line  6,  at end insert—

‘“underground gas storage facilities” must be read in accordance with

section 16(5);’.

Member’s explanatory statement

This drafting amendment is needed in consequence of amendment 120.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

217

Schedule  6,  page  129,  line  4,  column  2,  at beginning insert ‘Section 74(1)(b)’.

Member’s explanatory statement

The amendment repeals section 74(1)(b) of the TCPA which enables the Secretary of State to direct

that planning permission can be granted inconsistently with the development plan.

Public Bill Committee: 24th January 2008

376

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

218

Schedule  6,  page  129,  line  4,  column  2,  at beginning insert ‘Section 101’.

Member’s explanatory statement

The revocation of Section 101 and Schedule 8 remove the power for the Secretary of State to

appoint a Planning Inquiry Commission to inquire into proposed development.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

362

Schedule  6,  page  129,  line  4,  column  2,  at beginning insert ‘Section 2B(6)(b)’.

Member’s explanatory statement

This amendment repeals references to conservation area consent.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

365

Schedule  6,  page  129,  line  4,  column  2,  at beginning insert ‘In section

193(3)(a) the word “and”’.

Member’s explanatory statement

Consequential amendment on New Clause 9 (lawful development certificates).

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

220

Schedule  6,  page  129,  line  8,  at end insert ‘Section 302’.

Member’s explanatory statement

Section 302 and Schedule 15 relate to enforcement against breaches of planning control carried

out during the Second World War.

Public Bill Committee: 24th January 2008

377

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

219

Schedule  6,  page  129,  line  10,  at end insert ‘Schedule 8’.

Member’s explanatory statement

See explanatory statement for amendment 218.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

221

Schedule  6,  page  129,  line  10,  at end insert ‘Schedule 15’.

Member’s explanatory statement

See explanatory statement for amendment 220.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

363

Schedule  6,  page  129,  line  10,  at end insert—

	‘Planning (Listed Buildings	Sections 74 and 75.
	and Conservation Areas)
	Act 1990 (c.9)
		In sections 81A and 81B, subsections (5) and (8).
		In section 82F, the words “or conservation area
		consent”.
		In section 91, the words ““conservation area consent”
		has the meaning given in section 74(1);”.
		In Schedule 4, paragraph 4, the words “and 74”.
		In Schedule 4, paragraph 6, the words “or conservation
		area consent”.
		In Schedule 4, paragraph 7, the words “74 and 75”.’.

Member’s explanatory statement

This amendment repeals references to conservation area consent.

Public Bill Committee: 24th January 2008

378

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

222

Schedule  6,  page  129,  line  20,  at end insert—

‘Section 43(1) in so far as it relates to section 70B of

the TCPA, 43(2), 43(3) in so far as it relates to

section 81B of the Listed Buildings Act, and 43(4)

in so far as it relates to section 81B.

Sections 45 to 48.

Section 50.’.

Member’s explanatory statement

The amendment repeals various development control provisions in the Planning and Compulsory

Purchase Act 2004 which have not been brought into force: section 45 (amendments to simplified

planning zones), sections 46-48 (planning contributions) and section 50 (dual jurisdiction in

appeals).

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

223

Schedule  6,  page  129,  line  21,  at end insert—

	‘Planning-gain Supplement	The whole Act.’.
	(Preparations) Act 2007 (c. 2)

Member’s explanatory statement

This amendment repeals the Planning-gain Supplement (Preparations) Act 2007.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

364

Schedule  6,  page  129,  line  21,  at end insert ‘Section 59(4)(f)’.

Member’s explanatory statement

This amendment repeals references to conservation area consent.

Public Bill Committee: 24th January 2008

379

Planning Bill, continued

John Healey

159

Clause  187,  page  105,  line  15,  leave out ‘16’ and insert ‘[Gas reception facilities]’.

Member’s explanatory statement

This amendment is needed in consequence of New Clause 2.

Mr John Leech

Susan Kramer

48

Clause  189,  page  106,  line  20,  after ‘Planning’, insert ‘(Additional Runways and

Nuclear Power Stations)’.

NEW CLAUSES

LNG facilities

John Healey

NC1

To move the following Clause:—

‘(1)	The construction of an LNG facility is within section 13(1)(ca) only if (when

constructed) the facility will be in England and—

(a)	the storage capacity of the facility is expected to be at least 43 million

standard cubic metres, or

(b)	the maximum flow rate of the facility is expected to be at least 4.5 million

standard cubic metres per day.

(2)	The alteration of an LNG facility is within section 13(1)(ca) only if the facility is

in England and the effect of the alteration is expected to be—

(a)	to increase by at least 43 million standard cubic metres the storage

capacity of the facility, or

(b)	to increase by at least 4.5 million standard cubic metres per day the

maximum flow rate of the facility.

(3)	“LNG facility” means a facility for—

(a)	the reception of liquid natural gas from outside England,

(b)	the storage of liquid natural gas, and

(c)	the regasification of liquid natural gas.

(4)	In this section—

“maximum flow rate”, in relation to a facility, means the maximum rate at

which gas is able to flow out of the facility, on the assumption that—

(a)	the facility is filled to maximum capacity, and

(b)	the rate is measured after regasification of the liquid natural gas

and any other processing required on the recovery of the gas

from storage;

“storage capacity” means the capacity of the facility for storage of liquid

natural gas.

Public Bill Committee: 24th January 2008

380

Planning Bill, continued

(5)	The storage capacity of an LNG facility is to be measured as if the gas were stored

in regasified form.’.

Member’s explanatory statement

This new clause sets out the circumstances in which construction or alteration of an LNG facility

(as defined in subsection (3)) will be a nationally significant infrastructure project.

Gas reception facilities

John Healey

NC2

To move the following Clause:—

‘(1)	The construction of a gas reception facility is within section 13(1)(cb) only if

(when constructed)—

(a)	the facility will be in England and will be within subsection (4), and

(b)	the maximum flow rate of the facility is expected to be at least 4.5 million

standard cubic metres per day.

(2)	The alteration of a gas reception facility is within section 13(1)(cb) only if—

(a)	the facility is in England and is within subsection (4), and

(b)	the effect of the alteration is expected to be to increase by at least 4.5

million standard cubic metres per day the maximum flow rate of the

facility.

(3)	“Gas reception facility” means a facility for—

(a)	the reception of natural gas in gaseous form from outside England, and

(b)	the handling of natural gas (other than its storage).

(4)	A gas reception facility is within this subsection if—

(a)	the gas handled by the facility does not originate in England, Wales or

Scotland,

(b)	the gas does not arrive at the facility from Scotland or Wales, and

(c)	the gas has not already been handled at another facility after its arrival in

England.

(5)	“Maximum flow rate” means the maximum rate at which gas is able to flow out

of the facility.’.

Member’s explanatory statement

This new clause sets out the circumstances in which construction or alteration of a gas reception

facility (as defined in subsection (3)) will be a nationally significant infrastructure project.

Public Bill Committee: 24th January 2008

381

Planning Bill, continued

Highways

John Healey

nc7

To move the following Clause:—

‘(1)	Highway-related development is within section 13(1)(e) only if—

(a)	it is the construction of a highway in a case within subsection (2) or (6),

(b)	it is the improvement of a highway in a case within subsection (3) or (5),

or

(c)	it is the alteration of a highway in a case within subsection (5).

(2)	Construction of a highway is within this subsection if—

(a)	the construction is to take place outside the boundary of an existing

highway,

(b)	the highway will (when constructed) be wholly in England,

(c)	the Secretary of State will be the highway authority for the highway, and

(d)	the highway is proposed to be (or to be part of) a highway of a type within

subsection (4).

(3)	Improvement of a highway is within this subsection if—

(a)	it is to take place outside the boundary of the highway,

(b)	the highway is wholly in England,

(c)	the Secretary of State is the highway authority for the highway, and

(d)	the highway is (or is part of) a highway of a type within subsection (4).

(4)	The types of highway referred to in subsections (2)(d) and (3)(d) are—

(a)	a trunk road;

(b)	a special road;

(c)	a highway the construction of which is a project in respect of which the

Secretary of State is required to publish an environmental statement

under section 105A(3) of the Highways Act 1980;

(d)	a cycle track or footpath on land separated by intervening land from a

trunk road in connection with which it is to be used.

(5)	Development is within this subsection if—

(a)	it is the improvement, raising, lowering or other alteration of a highway,

(b)	the highway is wholly in England, and

(c)	the highway—

(i)	crosses or enters the route of a trunk road or special road, or

(ii)	is (or will be) otherwise affected by the construction or

improvement of a trunk road or special road.

(6)	Construction of a highway is within this subsection if—

(a)	the highway will (when constructed) be wholly in England,

(b)	the highway is to be constructed for a purpose connected with—

(i)	development within subsection (5), or

(ii)	a trunk road or special road, or

(iii)

the construction of a trunk road or special road.

(7)	The following terms have the meanings given by section 329(1) of the Highways

Act 1980—

“cycle track”;

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Revised 24 January 2008