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| Tuesday 15th January 2008 |
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| For other Amendment(s) see the following page(s):
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| Planning Bill Committee 100-66 |
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| Clause 27, page 13, line 27, leave out subsection (2). |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 360. |
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| Clause 29, page 14, leave out lines 34 to 37. |
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| | Member’s explanatory statement
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| | This amendment, with amendments 343 and 344, ensures that Welsh Ministers retain their de |
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| | volved powers to grant consents under the Planning (Listed Buildings & Conservations Areas) Act |
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| | 1990 and the Ancient Monuments and Archaeological Areas Act 1979 in relation to nationally sig |
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| | nificant infrastructure projects in Wales. |
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| Clause 29, page 14, leave out lines 47 and 48. |
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| | Member’s explanatory statement
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| | This amendment (with amendment 351) has the effect that consent for placing pipe-lines under or |
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| | over harbour waters will continue to be required under section 39 of the Pipe-lines Act 1962, even |
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| | when the development consent regime is in place. |
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| Clause 29, page 15, line 4, at end insert— |
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| | ‘(ja) | to the extent that the development relates to land in England, consent |
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| | under section 2(3) or 3 of the Ancient Monuments and Archaeological |
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| | (jb) | to the extent that the development relates to land in England, notice under |
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| | section 35 of the Ancient Monuments and Archaeological Areas Act |
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| | Member’s explanatory statement
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| | The new paragraph (jb) inserted by this amendment removes the need for notice under section 35 |
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| | of the Ancient Monuments and Archaeological Areas Act 1979 to be given in cases in England |
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| | where development consent is required. See too Member's explanatory statement for amendment |
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| Clause 29, page 15, line 7, at end insert— |
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| | ‘(l) | to the extent that the development relates to land in England, consent |
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| | under section 8(1), (2) or (3) of the Listed Buildings Act; |
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| | (m) | to the extent that the development relates to land in England, consent |
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| | under section 74(1) of the Listed Buildings Act.’. |
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| | Member’s explanatory statement
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| | See Member's explanatory statement for amendment 341. |
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| Clause 29, page 15, leave out line 14. |
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| | Member’s explanatory statement
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| | This amendment (with amendment 352) has the effect that safety conditions for gas projects will |
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| | continue to be dealt with under section 16 of the Gas Act 1965, rather than as part of the develop |
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| Clause 29, page 15, line 16, at end insert— |
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| | ‘(2A) | Subsection (2) is subject to section [Welsh offshore generating stations].’. |
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| | Member’s explanatory statement
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| | This amendment, with New Clause 11, allows Welsh Ministers to continue to authorise offshore |
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| | generating stations in Welsh territorial waters under section 3 of the Transport and Works Act |
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| Clause 30, page 15, line 41, after ‘one’ insert ‘or more’. |
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| | Member’s explanatory statement
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| | This is a technical drafting amendment to avoid any risk of subsection (2)(b) not applying in a case |
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| | where development falls within more than one of the specified fields. |
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| Clause 30, page 15, line 45, leave out subsection (2) and insert— |
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| | ‘(2) | The Secretary of State may direct— |
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| | (a) | the application to be treated as an application for an order granting |
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| | (b) | the development to which the application relates to be treated as |
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| | development for which development consent is required, |
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| | | for specified purposes or generally. |
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| | (2A) | A direction under subsection (2) may provide for specified provisions of or made |
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| | under this or any other Act— |
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| | (a) | to have effect in relation to the application with any specified |
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| | (b) | to be treated as having been complied with in relation to the application. |
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| | (2B) | If the Secretary of State gives a direction under subsection (2), the relevant |
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| | authority must refer the application to the Commission instead of dealing with it |
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| | Member’s explanatory statement
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| | This amendment ensures that a direction by the Secretary of State has the effect of bringing an ap |
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| | plication to which it relates within the development consent regime. It ensures that the application |
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| | can be treated as having already complied with specified stages in the process of obtaining devel |
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| Clause 30, page 16, line 11, after ‘decide’ insert— |
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| | Member’s explanatory statement
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| | See Member's explanatory statement for amendment 350. |
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| Clause 30, page 16, line 11, after ‘(2)’ insert ‘, and |
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| | (b) | the terms in which a direction under subsection (2) should be given.’. |
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| | Member’s explanatory statement
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| | This amendment (with amendment 349) adds to the types of information which the Secretary of |
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| | State may require in connection with his powers to give directions under Clause 30. |
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| Schedule 2, page 114, line 21, leave out paragraph 8. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 342. |
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| Schedule 2, page 116, line 1, leave out paragraph 17. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 345. |
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| Schedule 2, page 116, line 16, leave out ‘under the Planning Act 2008’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 355. |
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| Schedule 2, page 116, line 19, leave out ‘under the Planning Act 2008’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 355. |
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| Schedule 2, page 116, line 19, at end insert— |
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| | ‘21A | In section 37 (exemptions from offence under section 35) after subsection (1) |
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| | “(1A) | Section 35 does not apply to the carrying out of any operations for |
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| | which development consent has been granted.” |
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| | 21B | In section 61(1) (interpretation of Act) at the appropriate place insert— |
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| | ““development consent” means development consent under the Planning |
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| | Member’s explanatory statement
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| | In this amendment, the new paragraph 21A is consequent on the new paragraph (jb) of Clause |
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| | 29(1) (inserted by amendment 343). The new paragraph 21B is a drafting amendment. |
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| Clause 34, page 17, line 32, after ‘consent,’ insert— |
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| | ‘(aa) | consultation reports received by the Commission under section |
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| | Member’s explanatory statement
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| | This amendment adds consultation reports to the documents which the Commission must make |
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| | available for inspection by the public. |
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| Clause 42, page 20, line 10, at end insert— |
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| | ‘(2A) | The deadline for the receipt by the applicant of a local authority’s response to |
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| | consultation under subsection (2) is the end of the period of 28 days that begins |
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| | with the day after the day on which the local authority receives the consultation |
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| | (2B) | In subsection (2A) “the consultation documents” means the documents supplied |
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| | to the local authority by the applicant for the purpose of consulting the local |
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| | authority under subsection (2).’. |
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| | Member’s explanatory statement
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| | This amendment gives relevant local authorities 28 days in which to respond to the consultation |
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| | which Clause 42(2) requires the applicant to carry out. |
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| Clause 42, page 20, line 12, leave out ‘received by the applicant’. |
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| | Member’s explanatory statement
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| | The effect of this amendment, together with amendment 359, is that the applicant must have regard |
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| | to responses from local authorities only if they are received before the deadline introduced by |
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| Clause 42, page 20, line 13, after ‘(2)’ insert ‘that is received by the applicant |
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| before the deadline imposed by subsection (2A)’. |
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| | Member’s explanatory statement
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| | See Member's explanatory statement for amendment 358. |
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| Clause 49, page 24, line 41, at end insert— |
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| | ‘(ba) | that development consent is required for any of the development to which |
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| | the application relates,’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is that the Commission can accept an application for development |
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| | consent only if it concludes that development consent is required for all or some of the development |
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| | to which the application relates. |
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| Clause 49, page 25, line 1, leave out ‘it’ and insert ‘the application’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 360. |
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| | Welsh offshore generating stations |
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| To move the following Clause:— |
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| | ‘(1) | Section 29(2) does not prevent an order under section 3 of the Transport and |
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| | Works Act 1992 from being made in relation to the carrying out of works |
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| | consisting of the construction or extension of a generating station that is or (when |
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| | constructed or extended) will be a Welsh offshore generating station. |
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| | (2) | A “Welsh offshore generating station” is a generating station that is in waters in |
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| | or adjacent to Wales up to the seaward limits of the territorial sea. |
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| | (3) | If, by virtue of subsection (1), an order under section 3 of the Transport and |
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| | Works Act 1992 is made in relation to the carrying out of any works, development |
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| | consent is treated as not being required for the carrying out of those works.’. |
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| | Member’s explanatory statement
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| | This New Clause, with amendment 346, allows Welsh Ministers to continue to authorise offshore |
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| | generating stations in Welsh territorial waters under section 3 of the Transport and Works Act |
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