House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5th February 2008
559

Planning Bill, continued

“(1A)
Subsection (1) has effect in relation to an application or appeal relating

to land in England only if the Secretary of State or the appropriate

Minister has given a direction for it to have effect in relation to the

application or appeal (and the direction has not been revoked).”’

Member’s explanatory statement

This amendment removes the requirement for decisions relating to statutory undertakers'

operational land to be made jointly with the Secretary of State responsible for sponsoring that

statutory undertaker. Such decisions will only be taken jointly if either Secretary of State so directs

in any particular case.

Appeals relating to old mining permissions

John Healey

nc21

To move the following Clause:—

‘(1)
Schedule 6 to TCPA 1990 (determination of certain appeals by person appointed

by Secretary of State) is amended as set out in subsections (2) and (3).

(2)
In paragraph 1—

(a)
in sub-paragraph (1) after “208” insert “of this Act, paragraph 5 of

Schedule 2 to the Planning and Compensation Act 1991”, and

(b)
in sub-paragraph (4) for “any instrument made under it” substitute “any

other Act or any instrument made under this Act or any other Act”.

(3)
In paragraph 2—

(a)
after sub-paragraph (1)(d) insert—

“(e)
in relation to an appeal under paragraph 5 of Schedule

2 to the Planning and Compensation Act 1991, as the

Secretary of State has under paragraph 6(1) and (3) of

that Schedule.”, and

(b)
in sub-paragraph (2) after “208(5)” insert “of this Act and paragraph 6(2)

of Schedule 2 to the Planning and Compensation Act 1991”.

(4)
In paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991 (c. 34)

(registration of old mining permissions: right of appeal) after sub-paragraph (8)

insert—

  “(9)
Schedule 6 to the principal Act (determination of appeals by persons

appointed by Secretary of State) applies to appeals under this

paragraph.”’

Member’s explanatory statement

This amends Schedule 6 of the Planning Act 1990 to enable regulations to be made for the transfer

to Inspectors of appeals under Schedule 2 to the Planning and Compensation Act 1991 in respect

of old mining permissions for development authorised under interim development orders made

between 1943 and 1948.

Public Bill Committee: 5th February 2008
560

Planning Bill, continued

Powers of National Assembly for Wales

John Healey

nc22

To move the following Clause:—

‘In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly

measures: matters within Assembly’s legislative competence), after the heading

“Field 18: town and country planning” insert—


“Matter 18.1
5

Provision for and in connection with—

(a)
plans of the Welsh Ministers in relation to the

development and use of land in Wales, and

(b)
removing requirements for any such plans.


This does not include provision about the status to be given to
10
any such plans in connection with the decision on an

application for an order granting development consent under

the Planning Act 2008.


Matter 18.2


Provision for and in connection with the review by local
15
planning authorities of matters which may be expected to

affect—

(a)
the development of the authorities’ areas, or

(b)
the planning of the development of the authorities’

areas.
20

Matter 18.3


Provision for and in connection with—

(a)
plans of local planning authorities in relation to the

development and use of land in their areas, and

(b)
removing requirements for any such plans.
25

This does not include provision about the status to be given to

any such plans in connection with the decision on an

application for an order granting development consent under

the Planning Act 2008.


Interpretation of this field
30

In this field—

“local planning authority” in relation to an area means—

(a)
a National Park authority, in relation to a National Park

in Wales;

(b)
a county council in Wales or a county borough council,
35
in any other case;

“Wales” has the meaning given by Schedule 1 to the

Interpretation Act 1978.”’.

Member’s explanatory statement

This amendment gives the Assembly power to pass Measures about plans of the Welsh Ministers

and local planning authorities concerning the development and use of land, subject to an exception

regarding the status of such plans, and the review by local planning authorities of matters affecting

their area’s development.

As Amendments to John Healey’s proposed New Clause (Powers of National

Assembly for Wales) (NC22):—

Public Bill Committee: 5th February 2008
561

Planning Bill, continued

Mr David Jones

(a)

Leave out lines 13 to 28.

Mr David Jones

(b)

Leave out lines 31 to 35.

Delegation of functions of regional planning bodies

John Healey

nc28

To move the following Clause:—

‘(1)
In Part 1 of the Planning and Compulsory Purchase Act 2004 (regional functions)

after section 4 insert—

“4A
Delegation of RPB functions to regional development agencies

(1)
The RPB may make arrangements with the regional development agency

for its region for the exercise by the agency on behalf of the RPB of any

of the RPB’s functions.

(2)
Subsection (3) applies if, by virtue of section 2(7), the Secretary of State

has power to exercise any functions of the RPB.

(3)
The Secretary of State may make arrangements with the regional

development agency for the region of the RPB for the exercise by the

agency on behalf of the Secretary of State of any of the RPB’s functions.

(4)
Subsection (5) applies if, by virtue of section 10(3), the Secretary of State

has power to prepare a draft revision of the RSS because of a failure to

comply by the RPB.

(5)
The Secretary of State may make arrangements with the regional

development agency for the region of the RPB for the exercise by the

agency on behalf of the Secretary of State of the Secretary of State’s

function under section 10(3).

(6)
Arrangements under this section—

(a)
may be made only if the regional development agency agrees to

the making of the arrangements and their terms;

(b)
may be varied only if the regional development agency agrees to

the variation and the terms of the variation.

(7)
Arrangements under subsection (1) may be brought to an end at any time

by the RPB.

(8)
Arrangements under subsection (3) or (5) may be brought to an end at any

time by the Secretary of State.

(9)
A regional development agency which, by virtue of arrangements under

this section, has power, or is required, to exercise a function of the RPB,

Public Bill Committee: 5th February 2008
562

Planning Bill, continued

may do anything which is calculated to facilitate, or is conducive or

incidental to, the exercise of the function.

(10)
Arrangements under subsection (1) for the exercise of a function by a

regional development agency do not prevent the RPB from exercising the

function.

(11)
Arrangements under subsection (3) or (5) for the exercise of a function

by a regional development agency do not prevent the Secretary of State

from exercising the function.

(12)
“Regional development agency” means a development agency

established under section 1 of the Regional Development Agencies Act

1998.”’

(2)
The Regional Development Agencies Act 1998 is amended as follows.

(3)
In section 8 (regional consultation) after subsection (2) insert—

“(2A)
The reference in subsection (2)(b) to the functions of a regional

development agency does not include any function conferred by

arrangements under section 4A of the Planning and Compulsory

Purchase Act 2004 (delegation of functions of regional planning bodies

to regional development agencies).”

(4)
In section 11 (borrowing) after subsection (4) insert—

“(4A)
The references in subsections (2) and (4) to the functions of a regional

development agency do not include any function conferred by

arrangements under section 4A of the Planning and Compulsory

Purchase Act 2004 (delegation of functions of regional planning bodies

to regional development agencies).”

(5)
In section 18 (regional accountability) after subsection (1) insert—

“(1A)
The reference in subsection (1)(c) to the functions of a regional

development agency does not include any function conferred by

arrangements under section 4A of the Planning and Compulsory

Purchase Act 2004 (delegation of functions of regional planning bodies

to regional development agencies).”

(6)
In paragraph 7 of Schedule 2 (delegation of functions by regional development

agencies) after sub-paragraph (1) insert—

“(1A)
The reference in sub-paragraph (1) to anything authorised or required

to be done under an enactment includes a reference to anything

authorised or required to be done under arrangements made under an

enactment.”’.

Member’s explanatory statement

This amendment allows a regional planning body (in fact the regional assembly is designated to

carry out this function in each region) to delegate all or part of its functions as such to the regional

development agency for its region, subject to agreement with the regional development agency.

Local development orders: removal of requirement to implement policies

John Healey

nc29

To move the following Clause:—

Public Bill Committee: 5th February 2008
563

Planning Bill, continued

‘(1)
Section 61A of TCPA 1990 (local development orders) is amended as set out in

subsections (2) and (3).

(2)
Omit subsection (1) (requirement to implement policies).

(3)
In subsection (2) for “A local development order may” substitute “A local

planning authority may by order (a local development order)”.

(4)
In paragraph 2 of Schedule 4A to TCPA 1990 (revision of local development

orders) omit sub-paragraphs (4) and (5).’.

Member’s explanatory statement

This amendment removes the requirement that a local development order can only be made to

implement policies in a development plan document or local development plan.

Appeals: miscellaneous amendments

John Healey

nc30

To move the following Clause:—

‘Schedule [Appeals: miscellaneous amendments] (appeals: miscellaneous

amendments) has effect.’.

Member’s explanatory statement

This amendment inserts a new clause introducing a new Schedule which makes a number of

miscellaneous amendments to appeals provisions (see Member's explanatory statement for New

Schedule 1).

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,

(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.

Public Bill Committee: 5th February 2008
564

Planning Bill, continued

(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 follows.

(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), and

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

2004 are omitted.’.

Public Bill Committee: 5th February 2008
565

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.