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95

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Friday 11th January 2008

 

For other Amendment(s) see the following page(s):

 

Planning Bill Committee 35-47 and 49-94

 

Public Bill Committee


 

Planning Bill

 

John Healey

 

281

 

Page  9,  line  35,  leave out Clause 18.

 

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—


 
 

Notices of Amendments: 11th January 2008                

96

 

Planning Bill, continued

 
 

(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”;

 

“footpath”;

 

“improvement”.’.

 

Member’s explanatory statement

 

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

 

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

 

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

 


 
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