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Public Bill Committee: 24th January 2008                

382

 

Planning Bill, continued

 
 

“footpath”;

 

“improvement”.’.

 

Member’s explanatory statement

 

This New Clause changes the types of highway developments which are nationally significant

 

infrastructure projects. Certain alteration and improvement work relating to highways is being

 

brought into this category. The categories of highway construction projects are expanded.

 


 

Welsh offshore generating stations

 

John Healey

 

NC11

 

To move the following Clause:—

 

‘(1)    

Section 29(2) does not prevent an order under section 3 of the Transport and

 

Works Act 1992 from being made in relation to the carrying out of works

 

consisting of the construction or extension of a generating station that is or (when

 

constructed or extended) will be a Welsh offshore generating station.

 

(2)    

A “Welsh offshore generating station” is a generating station that is in waters in

 

or adjacent to Wales up to the seaward limits of the territorial sea.

 

(3)    

If, by virtue of subsection (1), an order under section 3 of the Transport and

 

Works Act 1992 is made in relation to the carrying out of any works, development

 

consent is treated as not being required for the carrying out of those works.’.

 

Member’s explanatory statement

 

This New Clause, with amendment 346, allows Welsh Ministers to continue to authorise offshore

 

generating stations in Welsh territorial waters under section 3 of the Transport and Works Act

 

1992.

 


 

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).


 
 

Public Bill Committee: 24th January 2008                

383

 

Planning Bill, continued

 
 

(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.

 


 

Geographically-specified national policy statements

 

Dan Rogerson

 

Tom Brake

 

NC3

 

To move the following Clause:—

 

‘(1)    

This section sets out the requirements for national policy statements which make

 

particular reference to specific geographical areas under section 5(5)(d).

 

(2)    

Where a proposal for a national policy statement is made by the Secretary of State

 

with implications for a specific geographical area, the Secretary of State shall

 

commission and fund an assessment by the relevant local planning authority, or

 

authorities, of—

 

(a)    

whether the proposal is consonant with the principles enumerated in the

 

authority’s local development documents as defined in section 17 of the

 

Planning and Compulsory Purchase Act 2004,

 

(b)    

the likely impact of the proposal on communities within the local

 

authority area,


 
 

Public Bill Committee: 24th January 2008                

384

 

Planning Bill, continued

 
 

(c)    

whether the proposal meets with the approval of persons residing in the

 

relevant local authority area, and

 

(d)    

any other matter which the relevant planning authority considers

 

appropriate.

 

(3)    

A local authority area is within subsection (2) if any of the locations concerned is

 

in the authority’s area, or a neighbouring authority’s area.

 

(4)    

A “proposal” in subsection (2) shall be defined as in section 7(3).’.

 


 

Amendment of the meaning of development

 

Mrs Jacqui Lait

 

Robert Neill

 

Mr David Jones

 

Mr Richard Benyon

 

Mr David Curry

 

James Duddridge

 

nc4

 

To move the following Clause:—

 

‘(1)    

The Town and Country Planning Act 1990 is amended as follow.

 

(2)    

In section 55 (meaning of development and new development), in subsection

 

(2)(a) leave out “for making good war damage or works begun after 5th

 

December 1968”.

 

(3)    

In section 336(1), leave out the definition of “war damage”.’.

 

Member’s explanatory statement

 

The New Clause removes the exemption from planning control of works to repair war damage

 

caused in the Second World War and the completion of basement works which were begun before

 

5th December 1968.

 


 

Abolition of planning contributions

 

Mrs Jacqui Lait

 

Robert Neill

 

Mr David Jones

 

Mr Richard Benyon

 

Mr David Curry

 

James Duddridge

 

NC5

 

To move the following Clause:—

 

‘Sections 46 (planning contribution), 47 (planning contribution: regulations), 48

 

(planning contribution: Wales) of the Planning and Compulsory Purchase Act

 

2004 are omitted.’.

 



 
 

Public Bill Committee: 24th January 2008                

385

 

Planning Bill, continued

 
 

Parliamentary consideration of national policy statements

 

Mr Clive Betts

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall lay before Parliament a draft of a statement which the

 

Secretary of State proposes to designate as a national policy statement for the

 

purposes of this Act.

 

(2)    

The Secretary of State may not lay a national policy statement before Parliament

 

under section 5(1)(d) until after the expiry of the period of Parliamentary

 

consideration of the draft of that statement, as defined by subsection (3).

 

(3)    

The period for Parliamentary consideration of a draft national policy statement

 

means the period of 60 days beginning on the day on which it was laid before

 

Parliament.

 

(4)    

In reckoning the period of 60 days referred to in subsection (4), no account shall

 

be taken of any time during which Parliament is dissolved or prorogued or during

 

which either House is adjourned for more than four days.

 

(5)    

In preparing a national policy statement under section 5 following the laying of a

 

draft of that statement under subsection (1) of this section, the Secretary of State

 

concerned shall have regard to any representations made during the period for

 

Parliamentary consideration and, in particular, to any resolution or report of, or

 

of any committee of, either House of Parliament with regard to the document.

 

(6)    

Together with a national policy statement laid before Parliament under section

 

5(d), the Secretary of State concerned shall lay a statement giving details of—

 

(a)    

any representations, resolution or report falling within subsection (5);

 

and

 

(b)    

the changes (if any) which, in the light of any such representations,

 

resolution or report, the Secretary of State has made to the draft of the

 

statement laid before Parliament under subsection (1).’.

 


 

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

 

nc8

 

To move the following Clause:—

 

‘(1)    

Further to the applicant’s duties under section 42, the applicant must prepare a

 

statement of impacts and mitigation identifying those effects of the proposed

 

application that have been identified in response to the consultation under section

 

42 as adverse to the interests of respondents and the steps (if any) that the

 

applicant proposes to take to respond to those impacts.


 
 

Public Bill Committee: 24th January 2008                

386

 

Planning Bill, continued

 
 

(2)    

For each instance of an adverse impact, the statement of impacts and mitigation

 

must set out the applicant’s proposal for mitigating action to be taken by the

 

applicant, or must state that no mitigating action is to be taken.

 

(3)    

A statement of impacts and mitigation may propose no mitigating action where it

 

appears to the applicant that—

 

(a)    

the adverse impact is insignificant and mitigating action is not warranted,

 

or

 

(b)    

mitigating action would be unreasonable due to disproportionate cost,

 

adverse collateral effects on other interests or because it would be

 

otherwise not in the public interest.

 

(4)    

The Commission must provide guidance to the applicants on the factors to be

 

considered in identifying impacts and mitigating actions and on circumstances in

 

which no mitigating action may be taken pursuant to subsection (3).

 

(5)    

In preparing the statement of impacts and mitigation, the applicant must have

 

regard to—

 

(a)    

any relevant response received by the applicant to consultation under

 

section 44(2), and

 

(b)    

any guidance given by the Commission under subsection (4).’.

 


 

Lawful development certificates

 

Mrs Jacqui Lait

 

Robert Neill

 

Mr David Jones

 

Mr Richard Benyon

 

James Duddridge

 

Mr David Curry

 

NC9

 

To move the following Clause:—

 

‘(1)    

The Town and Country Planning Act 1990 is amended as follows.

 

(2)    

In section 193(3) (certificates under sections 191 and 192: supplementary

 

provisions), at the end of paragraph (a) “and” shall be omitted, and there shall be

 

inserted after paragraph (b)—

 

“(c)    

not to determine an application for a certificate under section 191 or 192

 

before the end of such period as may be prescribed;

 

(d)    

to publicise the application or require the applicant to publicise the

 

application in such manner as may be prescribed;

 

(e)    

to take into account in determining such an application such

 

representations, made within such period, as may be prescribed; and

 

(f)    

to give to any person whose representations have been taken into account

 

such notice as may be prescribed of their decision.”

 

(3)    

In section 195 (appeals against refusal or failure to give decision on application)

 

there shall be inserted after subsection (1)—

 

“(1A)    

Any appeal under this section shall be made by notice served within such

 

time and in such manner as may be prescribed by a development order.

 

(1B)    

The time prescribed for the service of such a notice must not be less

 

than—


 
 

Public Bill Committee: 24th January 2008                

387

 

Planning Bill, continued

 
 

(a)    

28 days from the date of notification of the decision; or

 

(b)    

in the case of an appeal under subsection (1)(b), 28 days from the

 

end of the period prescribed as mentioned in subsection (b) or, as

 

the case may be, the extended period mentioned in that

 

subsection.”.’.

 

Member’s explanatory statement

 

This New Clause provides for publicity and consultation periods for applications for lawful

 

development certificates. Subsection (3) provides for a time limit for appeals to be made against

 

the refusal or non-determination of such applications.

 


 

Abolition of conservation area consent

 

Mrs Jacqui Lait

 

Robert Neill

 

Mr David Jones

 

Mr Richard Benyon

 

James Duddridge

 

Mr David Curry

 

NC10

 

To move the following Clause:—

 

‘(1)    

After section 179 of the Town and Country Planning Act 1990 there is inserted—

 

“179A

  Demolition in conservation areas

 

(1)    

A person commits an offence if the person executes or causes to be

 

executed any works of demolition of a building in a conservation area

 

which constitute the carrying out of development without the required

 

planning permission.

 

(2)    

Without prejudice to subsection (1), if a person executing or causing to

 

be executed any works of demolition of a building in a conservation area

 

fails to comply with any condition relating to the demolition works and

 

attached to a planning permission, he shall be guilty of an offence.

 

(3)    

In proceeding for an offence under this section it shall be a defence to

 

prove the following matters—

 

(a)    

that works to the building were urgently necessary in the

 

interests of safety or health or for the preservation of the

 

building;

 

(b)    

that it was not practicable to secure safety or health or, as the case

 

may be, the preservation of the building by works of repair or

 

works for affording temporary support or shelter;

 

(c)    

that the works carried out were limited to the minimum measures

 

immediately necessary; and

 

(d)    

that notice in writing justifying in detail the carrying out of works

 

was given to the local planning authority as soon as reasonably

 

practicable.

 

(4)    

A person who is guilty of an offence under this section shall be liable—

 

(a)    

on summary conviction, to imprisonment for a term not

 

exceeding six months or a fine not exceeding £20,000, or both; or


 
 

Public Bill Committee: 24th January 2008                

388

 

Planning Bill, continued

 
 

(b)    

on conviction on indictment, to imprisonment for a term not

 

exceeding two years or a fine, or both.

 

(5)    

In determining the amount of any fine to be imposed on a person

 

convicted of an offence under this section, the court shall in particular

 

have regard to any financial benefit which has accrued or appears likely

 

to accrue to the person in consequence of the offence.”

 

(2)    

In sections 81A and 81B of the Planning (Listed Buildings and Conservation

 

Areas) Act 1990 references to “a relevant consent” or “relevant consent” shall be

 

replaced by “listed building consent”.

 

(3)    

In paragraph 5 of Schedule 4 to the Planning (Listed Buildings and Conservation

 

Areas) Act 1990 for the words “to 75” there is substituted “to 73”.

 

(4)    

The Secretary of State may by regulations make transitional provision consequent

 

upon the abolition of conservation area consent.

 

(5)    

The regulations made under subsection (4) may in particular—

 

(a)    

make provision in respect of conservation area consents and planning

 

permissions granted before subsection (1) comes into force;

 

(b)    

make provision in respect of applications for conservation area consents

 

and planning permission made before subsection (1) comes into force.’.

 

Member’s explanatory statement

 

This New Clause provides for the abolition of the requirement for conservation area consent. The

 

demolition of unlisted buildings inside or outside conservation areas will be governed by the

 

requirement for planning permission. It would be an offence to demolish a building in a

 

conservation area without the required planning permission.

 


 

Enforcement (financial implications)

 

Dan Rogerson

 

Tom Brake

 

nc13

 

To move the following Clause:—

 

‘The local planning authority may seek from the Secretary of State financial

 

support if it can demonstrate the need for additional resources in order to monitor

 

or investigate potential offences under section 130 or 131, or in order to take

 

remedial action where offences have been committed under section 130 or 131.’.

 



 
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