167

House of Commons

Notices of Amendments

given on

Tuesday 15th January 2008

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

Planning Bill Committee 100-66

Public Bill Committee

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Planning Bill

John Healey

340

Clause  27,  page  13,  line  27,  leave out subsection (2).

Member’s explanatory statement

This amendment is consequent on amendment 360.

John Healey

341

Clause  29,  page  14,  leave out lines 34 to 37.

Member’s explanatory statement

This amendment, with amendments 343 and 344, ensures that Welsh Ministers retain their de­

volved powers to grant consents under the Planning (Listed Buildings & Conservations Areas) Act

1990 and the Ancient Monuments and Archaeological Areas Act 1979 in relation to nationally sig­

nificant infrastructure projects in Wales.

John Healey

342

Clause  29,  page  14,  leave out lines 47 and 48.

Member’s explanatory statement

This amendment (with amendment 351) has the effect that consent for placing pipe-lines under or

over harbour waters will continue to be required under section 39 of the Pipe-lines Act 1962, even

when the development consent regime is in place.

John Healey

343

Clause  29,  page  15,  line  4,  at end insert—

‘(ja)

to the extent that the development relates to land in England, consent

under section 2(3) or 3 of the Ancient Monuments and Archaeological

Areas Act 1979;

Notices of Amendments: 15th January 2008

168

Planning Bill, continued

(jb)	to the extent that the development relates to land in England, notice under

section 35 of the Ancient Monuments and Archaeological Areas Act

1979;’.

Member’s explanatory statement

The new paragraph (jb) inserted by this amendment removes the need for notice under section 35

of the Ancient Monuments and Archaeological Areas Act 1979 to be given in cases in England

where development consent is required. See too Member's explanatory statement for amendment

341.

John Healey

344

Clause  29,  page  15,  line  7,  at end insert—

‘(l)	to the extent that the development relates to land in England, consent

under section 8(1), (2) or (3) of the Listed Buildings Act;

(m)	to the extent that the development relates to land in England, consent

under section 74(1) of the Listed Buildings Act.’.

Member’s explanatory statement

See Member's explanatory statement for amendment 341.

John Healey

345

Clause  29,  page  15,  leave out line 14.

Member’s explanatory statement

This amendment (with amendment 352) has the effect that safety conditions for gas projects will

continue to be dealt with under section 16 of the Gas Act 1965, rather than as part of the develop­

ment consent regime.

John Healey

346

Clause  29,  page  15,  line  16,  at end insert—

‘(2A)

Subsection (2) is subject to section [Welsh offshore generating stations].’.

Member’s explanatory statement

This amendment, with New Clause 11, allows Welsh Ministers to continue to authorise offshore

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

1992.

John Healey

347

Clause  30,  page  15,  line  41,  after ‘one’ insert ‘or more’.

Member’s explanatory statement

This is a technical drafting amendment to avoid any risk of subsection (2)(b) not applying in a case

where development falls within more than one of the specified fields.

John Healey

348

Clause  30,  page  15,  line  45,  leave out subsection (2) and insert—

‘(2)	The Secretary of State may direct—

(a)	the application to be treated as an application for an order granting

development consent, and

(b)	the development to which the application relates to be treated as

development for which development consent is required,

for specified purposes or generally.

Notices of Amendments: 15th January 2008

169

Planning Bill, continued

(2A)	A direction under subsection (2) may provide for specified provisions of or made

under this or any other Act—

(a)	to have effect in relation to the application with any specified

modifications, or

(b)	to be treated as having been complied with in relation to the application.

(2B)	If the Secretary of State gives a direction under subsection (2), the relevant

authority must refer the application to the Commission instead of dealing with it

themselves.’.

Member’s explanatory statement

This amendment ensures that a direction by the Secretary of State has the effect of bringing an ap­

plication to which it relates within the development consent regime. It ensures that the application

can be treated as having already complied with specified stages in the process of obtaining devel­

opment consent.

John Healey

349

Clause  30,  page  16,  line  11,  after ‘decide’ insert—

‘(a)

’.

Member’s explanatory statement

See Member's explanatory statement for amendment 350.

John Healey

350

Clause  30,  page  16,  line  11,  after ‘(2)’ insert ‘, and

(b)	the terms in which a direction under subsection (2) should be given.’.

Member’s explanatory statement

This amendment (with amendment 349) adds to the types of information which the Secretary of

State may require in connection with his powers to give directions under Clause 30.

John Healey

351

Schedule  2,  page  114,  line  21,  leave out paragraph 8.

Member’s explanatory statement

This amendment is consequent on amendment 342.

John Healey

352

Schedule  2,  page  116,  line  1,  leave out paragraph 17.

Member’s explanatory statement

This amendment is consequent on amendment 345.

John Healey

353

Schedule  2,  page  116,  line  16,  leave out ‘under the Planning Act 2008’.

Member’s explanatory statement

This amendment is consequent on amendment 355.

John Healey

354

Schedule  2,  page  116,  line  19,  leave out ‘under the Planning Act 2008’.

Member’s explanatory statement

This amendment is consequent on amendment 355.

Notices of Amendments: 15th January 2008

170

Planning Bill, continued

John Healey

355

Schedule  2,  page  116,  line  19,  at end insert—

‘21A	In section 37 (exemptions from offence under section 35) after subsection (1)

insert—

“(1A)

Section 35 does not apply to the carrying out of any operations for

which development consent has been granted.”

21B	In section 61(1) (interpretation of Act) at the appropriate place insert—

““development consent” means development consent under the Planning

Act 2008;”.’.

Member’s explanatory statement

In this amendment, the new paragraph 21A is consequent on the new paragraph (jb) of Clause

29(1) (inserted by amendment 343). The new paragraph 21B is a drafting amendment.

John Healey

356

Clause  34,  page  17,  line  32,  after ‘consent,’ insert—

‘(aa)

consultation reports received by the Commission under section

32(3)(c),’.

Member’s explanatory statement

This amendment adds consultation reports to the documents which the Commission must make

available for inspection by the public.

John Healey

357

Clause  42,  page  20,  line  10,  at end insert—

‘(2A)

The deadline for the receipt by the applicant of a local authority’s response to

consultation under subsection (2) is the end of the period of 28 days that begins

with the day after the day on which the local authority receives the consultation

documents.

(2B)	In subsection (2A) “the consultation documents” means the documents supplied

to the local authority by the applicant for the purpose of consulting the local

authority under subsection (2).’.

Member’s explanatory statement

This amendment gives relevant local authorities 28 days in which to respond to the consultation

which Clause 42(2) requires the applicant to carry out.

John Healey

358

Clause  42,  page  20,  line  12,  leave out ‘received by the applicant’.

Member’s explanatory statement

The effect of this amendment, together with amendment 359, is that the applicant must have regard

to responses from local authorities only if they are received before the deadline introduced by

amendment 357.

John Healey

359

Clause  42,  page  20,  line  13,  after ‘(2)’ insert ‘that is received by the applicant

before the deadline imposed by subsection (2A)’.

Member’s explanatory statement

See Member's explanatory statement for amendment 358.

Notices of Amendments: 15th January 2008

171

Planning Bill, continued

John Healey

360

Clause  49,  page  24,  line  41,  at end insert—

‘(ba)

that development consent is required for any of the development to which

the application relates,’.

Member’s explanatory statement

The effect of this amendment is that the Commission can accept an application for development

consent only if it concludes that development consent is required for all or some of the development

to which the application relates.

John Healey

361

Clause  49,  page  25,  line  1,  leave out ‘it’ and insert ‘the application’.

Member’s explanatory statement

This amendment is consequent on amendment 360.

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.

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Revised 16 January 2008