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| |
| |
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| | (5) | For the purposes of sections 20 and 24 the enforcement charter is not a |
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| | local development document.”’. |
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| To move the following Schedule:— |
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| | ‘Appeals: miscellaneous amendments |
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| | Town and Country Planning Act 1990 |
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| | 1 | TCPA 1990 is amended as follows. |
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| | 2 | In section 78 (appeals against planning decisions and failure to take planning |
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| | decisions) after subsection (4) insert— |
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| | “(4A) | A notice of appeal under this section must be accompanied by such |
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| | information as may be prescribed by a development order. |
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| | (4B) | The power to make a development order under subsection (4A) is |
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| | |
| | (a) | the Secretary of State, in relation to England; |
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| | (b) | the Welsh Ministers, in relation to Wales. |
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| | (4C) | Section 333(5) does not apply in relation to a development order under |
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| | subsection (4A) made by the Welsh Ministers. |
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| | (4D) | A development order under subsection (4A) made by the Welsh |
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| | Ministers is subject to annulment in pursuance of a resolution of the |
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| | National Assembly for Wales.” |
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| | 3 | In section 195 (appeals against refusal or failure to give decision on application |
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| | under section 191 or 192) before subsection (2) insert— |
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| | “(1B) | A notice of appeal under this section must be— |
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| | (a) | served within such time and in such manner as may be |
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| | prescribed by a development order; |
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| | (b) | accompanied by such information as may be prescribed by |
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| | |
| | (1C) | The time prescribed for the service of a notice of appeal under this |
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| | section must not be less than— |
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| | (a) | 28 days from the date of notification of the decision on the |
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| | |
| | (b) | in the case of an appeal under subsection (1)(b), 28 days |
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| | |
| | (i) | the end of the period prescribed as mentioned in |
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| | |
| | (ii) | as the case may be, the extended period mentioned in |
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| | |
| | (1D) | The power to make a development order under subsection (1B) is |
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| | |
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| |
| |
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| | (a) | the Secretary of State, in relation to England; |
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| | (b) | the Welsh Ministers, in relation to Wales. |
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| | (1E) | Section 333(5) does not apply in relation to a development order under |
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| | subsection (1B) made by the Welsh Ministers. |
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| | (1F) | A development order under subsection (1B) made by the Welsh |
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| | Ministers is subject to annulment in pursuance of a resolution of the |
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| | National Assembly for Wales.” |
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| | 4 (1) | Section 208 (appeals against notices under section 207) is amended as follows. |
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| | (2) | For subsection (4) substitute— |
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| | |
| | (a) | indicate the grounds of the appeal, |
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| | (b) | state the facts on which the appeal is based, and |
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| | (c) | be accompanied by such information as may be prescribed. |
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| | (4A) | The power to make regulations under subsection (4)(c) is exercisable |
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| | |
| | (a) | the Secretary of State, in relation to England; |
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| | (b) | the Welsh Ministers, in relation to Wales. |
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| | (4B) | Section 333(3) does not apply in relation to regulations under |
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| | subsection (4)(c) made by the Welsh Ministers. |
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| | (4C) | Regulations under subsection (4)(c) made by the Welsh Ministers are |
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| | subject to annulment in pursuance of a resolution of the National |
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| | |
| | (3) | In subsection (5) for “any such appeal” substitute “an appeal under subsection |
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| | |
| | Planning (Listed Buildings and Conservation Areas) Act 1990 |
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| | 5 | In section 21 of the Listed Buildings Act (appeals: supplementary provisions) |
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| | after subsection (7) insert— |
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| | “(8) | Regulations under this Act may provide for an appeal under section 20 |
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| | to be accompanied by such other information as may be prescribed. |
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| | (9) | The power to make regulations under subsection (8) is exercisable |
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| | |
| | (a) | the Secretary of State, in relation to England; |
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| | (b) | the Welsh Ministers, in relation to Wales. |
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| | (10) | Section 93(3) does not apply in relation to regulations under |
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| | subsection (8) made by the Welsh Ministers. |
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| | (11) | Regulations under subsection (8) made by the Welsh Ministers are |
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| | subject to annulment in pursuance of a resolution of the National |
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| | |
| | Planning (Hazardous Substances) Act 1990 |
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| | 6 | In section 21 of the Hazardous Substances Act (appeals against decisions and |
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| | failure to take decisions relating to hazardous substances) after subsection (3) |
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| | |
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| |
| |
|
| | “(3A) | A notice of appeal under this section must be accompanied by such |
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| | information as may be prescribed. |
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| | (3B) | The power to make regulations under subsection (3A) is exercisable |
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| | |
| | (a) | the Secretary of State, in relation to England; |
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| | (b) | the Welsh Ministers, in relation to Wales. |
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| | (3C) | Section 40(3) does not apply in relation to regulations under |
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| | subsection (3A) made by the Welsh Ministers. |
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| | (3D) | Regulations under subsection (3A) made by the Welsh Ministers are |
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| | subject to annulment in pursuance of a resolution of the National |
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| | |
| | Member’s explanatory statement
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| | This amendment amends various appeals provisions to provide for notices of appeal to be |
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| | accompanied by prescribed information. It also provides for notices of appeal against local |
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| | planning authorities’ refusals to issue lawful development certificates to be served within such |
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| | time and in such manner as may be prescribed. |
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| |
| |
| | That certain written evidence already reported to the House be appended to the |
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| | proceedings of the Committee. |
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| |
| | Order of the House [10th December 2007] |
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| | That the following provisions shall apply to the Planning Bill: |
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| | |
| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Tuesday 5th February 2008. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | |
| | Consideration and Third Reading |
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| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | brought to a conclusion one hour before the moment of interruption on the |
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| | day on which those proceedings are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on consideration and Third Reading. |
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| | |
| | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | consideration of Lords Amendments or on any further messages from the |
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| |
| |
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| | Lords) may be programmed. |
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| |
| | Order of the Committee [8th JANUARY 2008] |
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| | |
| | (1) | the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday |
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| | |
| | (a) | at 4.00 p.m. on Tuesday 8th January; |
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| | (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 10th January; |
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| | (c) | at 10.30 a.m. and 4.00 p.m. on Tuesday 15th January; |
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| | (d) | at 9.00 a.m. and 1.00 p.m. on Thursday 17th January; |
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| | (e) | at 10.30 a.m. and 4.00 p.m. on Tuesday 22nd January; |
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| | (f) | at 9.00 a.m. and 1.00 p.m. on Thursday 24th January; |
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| | (g) | at 10.30 a.m. and 4.00 p.m. on Tuesday 29th January; |
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| | (h) | at 9.00 a.m. and 1.00 p.m. on Thursday 31st January; |
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| | (i) | at 10.30 a.m. and 4.00 p.m. on Tuesday 5th February; |
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| | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | |
| | |
| | | | | | | | Until no later than 11.40 a.m. |
| Confederation of British Industry |
| | | | | Until no later than 12.20 p.m. |
| | | | | | | | | | | | Until no later than 1.00 p.m. |
| | | | | | Until no later than 4.50 p.m. |
| Royal Town Planning Institute |
| | | | | Until no later than 5.30 p.m. |
| Local Government Association |
| | | | | Until no later than 6.15 p.m. |
| | | | | | Until no later than 7.00 p.m. |
| Home Builders Federation and |
| | | | | | British Property Federation |
| | | | | Until no later than 9.45 a.m. |
| | | | | | Until no later than 10.25 a.m. |
| | | | | | Until no later than 1.40 p.m. |
| Energy Networks Association |
| | | | | Until no later than 2.20 p.m. |
| Campaign to Protect Rural |
| | | | | | | | | | | Until no later than 4.00 p.m. |
| Department for Communities and |
| | | | | | | | |
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| | (3) | proceedings on consideration of the Bill in Committee shall be taken in the |
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| | 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; |
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| | Schedule 5; Clauses 161 to 185; Schedule 6; Clauses 186 to 189; new |
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| | Clauses; new Schedules; remaining proceedings on the Bill; |
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| | (4) | the proceedings shall (so far as not previously concluded) be brought to a |
|