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Public Bill Committee: 5th February 2008                

573

 

Planning Bill, continued

 
 

(5)    

For the purposes of sections 20 and 24 the enforcement charter is not a

 

local development document.”’.

 


 

New Schedule

 

John Healey

 

ns1

 

To move the following Schedule:—

 

‘Appeals: miscellaneous amendments

 

Town and Country Planning Act 1990

 

1          

TCPA 1990 is amended as follows.

 

2          

In section 78 (appeals against planning decisions and failure to take planning

 

decisions) after subsection (4) insert—

 

“(4A)    

A notice of appeal under this section must be accompanied by such

 

information as may be prescribed by a development order.

 

(4B)    

The power to make a development order under subsection (4A) is

 

exercisable by—

 

(a)    

the Secretary of State, in relation to England;

 

(b)    

the Welsh Ministers, in relation to Wales.

 

(4C)    

Section 333(5) does not apply in relation to a development order under

 

subsection (4A) made by the Welsh Ministers.

 

(4D)    

A development order under subsection (4A) made by the Welsh

 

Ministers is subject to annulment in pursuance of a resolution of the

 

National Assembly for Wales.”

 

3          

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

 

under section 191 or 192) before subsection (2) insert—

 

“(1B)    

A notice of appeal under this section must be—

 

(a)    

served within such time and in such manner as may be

 

prescribed by a development order;

 

(b)    

accompanied by such information as may be prescribed by

 

such an order.

 

(1C)    

The time prescribed for the service of a notice of appeal under this

 

section must not be less than—

 

(a)    

28 days from the date of notification of the decision on the

 

application; or

 

(b)    

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

 

from—

 

(i)    

the end of the period prescribed as mentioned in

 

subsection (1)(b), or

 

(ii)    

as the case may be, the extended period mentioned in

 

subsection (1)(b).

 

(1D)    

The power to make a development order under subsection (1B) is

 

exercisable by—


 
 

Public Bill Committee: 5th February 2008                

574

 

Planning Bill, continued

 
 

(a)    

the Secretary of State, in relation to England;

 

(b)    

the Welsh Ministers, in relation to Wales.

 

(1E)    

Section 333(5) does not apply in relation to a development order under

 

subsection (1B) made by the Welsh Ministers.

 

(1F)    

A development order under subsection (1B) made by the Welsh

 

Ministers is subject to annulment in pursuance of a resolution of the

 

National Assembly for Wales.”

 

4    (1)  

Section 208 (appeals against notices under section 207) is amended as follows.

 

      (2)  

For subsection (4) substitute—

 

“(4)    

The notice shall—

 

(a)    

indicate the grounds of the appeal,

 

(b)    

state the facts on which the appeal is based, and

 

(c)    

be accompanied by such information as may be prescribed.

 

(4A)    

The power to make regulations under subsection (4)(c) is exercisable

 

by—

 

(a)    

the Secretary of State, in relation to England;

 

(b)    

the Welsh Ministers, in relation to Wales.

 

(4B)    

Section 333(3) does not apply in relation to regulations under

 

subsection (4)(c) made by the Welsh Ministers.

 

(4C)    

Regulations under subsection (4)(c) made by the Welsh Ministers are

 

subject to annulment in pursuance of a resolution of the National

 

Assembly for Wales.”

 

      (3)  

In subsection (5) for “any such appeal” substitute “an appeal under subsection

 

(1)”.

 

Planning (Listed Buildings and Conservation Areas) Act 1990

 

5          

In section 21 of the Listed Buildings Act (appeals: supplementary provisions)

 

after subsection (7) insert—

 

“(8)    

Regulations under this Act may provide for an appeal under section 20

 

to be accompanied by such other information as may be prescribed.

 

(9)    

The power to make regulations under subsection (8) is exercisable

 

by—

 

(a)    

the Secretary of State, in relation to England;

 

(b)    

the Welsh Ministers, in relation to Wales.

 

(10)    

Section 93(3) does not apply in relation to regulations under

 

subsection (8) made by the Welsh Ministers.

 

(11)    

Regulations under subsection (8) made by the Welsh Ministers are

 

subject to annulment in pursuance of a resolution of the National

 

Assembly for Wales.”

 

Planning (Hazardous Substances) Act 1990

 

6          

In section 21 of the Hazardous Substances Act (appeals against decisions and

 

failure to take decisions relating to hazardous substances) after subsection (3)

 

insert—


 
 

Public Bill Committee: 5th February 2008                

575

 

Planning Bill, continued

 
 

“(3A)    

A notice of appeal under this section must be accompanied by such

 

information as may be prescribed.

 

(3B)    

The power to make regulations under subsection (3A) is exercisable

 

by—

 

(a)    

the Secretary of State, in relation to England;

 

(b)    

the Welsh Ministers, in relation to Wales.

 

(3C)    

Section 40(3) does not apply in relation to regulations under

 

subsection (3A) made by the Welsh Ministers.

 

(3D)    

Regulations under subsection (3A) made by the Welsh Ministers are

 

subject to annulment in pursuance of a resolution of the National

 

Assembly for Wales.”’.

 

Member’s explanatory statement

 

This amendment amends various appeals provisions to provide for notices of appeal to be

 

accompanied by prescribed information. It also provides for notices of appeal against local

 

planning authorities’ refusals to issue lawful development certificates to be served within such

 

time and in such manner as may be prescribed.

 


 

John Healey

 

That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.

 

 

Order of the House [10th December 2007]

 

That the following provisions shall apply to the Planning Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 5th February 2008.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the


 
 

Public Bill Committee: 5th February 2008                

576

 

Planning Bill, continued

 
 

Lords) may be programmed.

 

 

Order of the Committee [8th JANUARY 2008]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

 

8th Janurary) meet—

 

(a)  

at 4.00 p.m. on Tuesday 8th January;

 

(b)  

at 9.00 a.m. and 1.00 p.m. on Thursday 10th January;

 

(c)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 15th January;

 

(d)  

at 9.00 a.m. and 1.00 p.m. on Thursday 17th January;

 

(e)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 22nd January;

 

(f)  

at 9.00 a.m. and 1.00 p.m. on Thursday 24th January;

 

(g)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 29th January;

 

(h)  

at 9.00 a.m. and 1.00 p.m. on Thursday 31st January;

 

(i)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 5th February;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 8th January

Until no later than 11.40 a.m.

Confederation of British Industry

 
 

Tuesday 8th January

Until no later than 12.20 p.m.

UK Business Council for

 
   

Sustainable Energy

 
 

Tuesday 8th January

Until no later than 1.00 p.m.

UK Major Ports Group

 
 

Tuesday 8th January

Until no later than 4.50 p.m.

Royal Town Planning Institute

 
 

Tuesday 8th January

Until no later than 5.30 p.m.

Local Government Association

 
 

Tuesday 8th January

Until no later than 6.15 p.m.

Planning Inspectorate

 
 

Tuesday 8th January

Until no later than 7.00 p.m.

Home Builders Federation and

 
   

British Property Federation

 
 

Thursday 10th January

Until no later than 9.45 a.m.

Friends of the Earth

 
 

Thursday 10th January

Until no later than 10.25 a.m.

Environment Agency

 
 

Thursday 10th January

Until no later than 1.40 p.m.

Energy Networks Association

 
 

Thursday 10th January

Until no later than 2.20 p.m.

Campaign to Protect Rural

 
   

England

 
 

Thursday 10th January

Until no later than 4.00 p.m.

Department for Communities and

 
   

Local Government

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clause 1; Schedule 1; Clauses 2 to 31; Schedule 2; Clauses

 

32 to 157; Schedule 3; Clauses 158 and 159; Schedule 4; Clause 160;

 

Schedule 5; Clauses 161 to 185; Schedule 6; Clauses 186 to 189; new

 

Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a


 
 

Public Bill Committee: 5th February 2008                

577

 

Planning Bill, continued

 
 

conclusion at 7.00 p.m. on Tuesday 5th February.

 


 
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