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| Clause 160, page 89, line 18, after ‘appellant’, insert ‘or applicant (as the case may |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 502. |
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| Clause 160, page 89, line 22, at end insert— |
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| | ‘(aa) | an application referred to the Secretary of State under section 12 instead |
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| | of being dealt with by a local planning authority in England;’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is that the Secretary of State must make a determination as to the |
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| | procedure to be followed where an application is referred to him under section 12 of the Planning |
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| | (Listed Buildings and Conservation Areas) Act 1990. |
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| Clause 160, page 89, line 27, at end insert— |
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| | ‘(8) | The Secretary of State may by order amend subsection (7) to— |
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| | (a) | add proceedings under this Act to, or remove proceedings under |
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| | this Act from, the list of proceedings to which this section |
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| | |
| | (b) | otherwise modify the descriptions of proceedings under this Act |
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| | to which this section applies. |
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| | (9) | An order under subsection (8) may— |
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| | (a) | contain incidental, supplementary, consequential, transitional |
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| | and transitory provision and savings; |
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| | (b) | amend, repeal or revoke any provision made by or under this Act |
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| | or by or under any other Act.”’. |
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| | Member’s explanatory statement
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| | This amendment allows the Secretary of State, by order, to alter the list of proceedings (set out in |
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| | new section 88D(7) of the Planning (Listed Buildings and Conservation Areas) Act 1990) where |
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| | the Secretary of State is required to make a determination as to procedure. |
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| Clause 160, page 89, line 29, leave out ‘appeal’ and insert ‘certain proceedings’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 511 (see new subsection (7)(a) of section 21 of |
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| | the Planning (Hazardous Substances) Act 1990). |
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| Clause 160, page 89, line 31, leave out from ‘which’ to ‘to’ in line 32 and insert |
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| ‘proceedings to which this section applies are’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 511 (see new subsection (7)(a) of section 21 of |
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| | the Planning (Hazardous Substances) Act 1990). |
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| Clause 160, page 89, line 33, leave out ‘appeal’ and insert ‘proceedings’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 511 (see new subsection (7)(a) of section 21 of |
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| | the Planning (Hazardous Substances) Act 1990). |
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| Clause 160, page 89, line 38, leave out paragraph (c). |
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| Clause 160, page 89, line 40, leave out ‘an appeal’ and insert ‘proceedings’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 511 (see new subsection (7)(a) of section 21 of |
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| | the Planning (Hazardous Substances) Act 1990). |
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| Clause 160, page 89, line 41, leave out from ‘period’ to end of line 42. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 511 (see new subsection (7)(a) of section 21 of |
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| | the Planning (Hazardous Substances) Act 1990). |
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| Clause 160, page 90, line 2, leave out ‘appeal is’ and insert ‘proceedings are’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 511 (see new subsection (7)(a) of section 21 of |
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| | the Planning (Hazardous Substances) Act 1990). |
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| Clause 160, page 90, line 4, after ‘appellant’ insert ‘or applicant (as the case may |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 511 (see new subsection (7)(a) of section 21 of |
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| | the Planning (Hazardous Substances) Act 1990). |
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| Clause 160, page 90, line 7, at end insert— |
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| | ‘(7) | This section applies to— |
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| | (a) | an application referred to the Secretary of State under section 20 |
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| | instead of being dealt with by a hazardous substances authority |
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| | (b) | an appeal under section 21 against a decision of a hazardous |
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| | substances authority in England. |
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| | (8) | The Secretary of State may by order amend subsection (7) to— |
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| | (a) | add proceedings under this Act to, or remove proceedings under |
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| | this Act from, the list of proceedings to which this section |
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| | |
| | (b) | otherwise modify the descriptions of proceedings under this Act |
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| | to which this section applies. |
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| | (9) | An order under subsection (8) may— |
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| | (a) | contain incidental, supplementary, consequential, transitional |
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| | and transitory provision and savings; |
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| | (b) | amend, repeal or revoke any provision made by or under this Act |
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| | or by or under any other Act. |
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| | (10) | The power to make an order under subsection (8) is exercisable by |
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| | (11) | No order may be made under subsection (8) unless a draft of the |
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| | instrument containing the order has been laid before, and approved by |
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| | resolution of, each House of Parliament.’. |
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| | Member’s explanatory statement
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| | This amendment lists the proceedings under the Planning (Hazardous Substances) Act 1990 where |
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| | the Secretary of State is required to make a determination as to procedure (including applications |
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| | referred to him under section 20 of that Act). It also allows him, by order, to alter the list of |
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| Clause 160, page 90, line 8, leave out ‘appeals’ and insert ‘proceedings’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 511 (see new subsection (7)(a) of section 21 of |
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| | the Planning (Hazardous Substances) Act 1990). |
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| Page 88, line 6, leave out Clause 160. |
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| Schedule 5, page 124, line 38, at end insert— |
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| | ‘1A | In section 77 (reference of applications to Secretary of State) for subsection (6) |
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| | “(6) | Subsection (5) does not apply to— |
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| | (a) | an application for planning permission referred to a Planning |
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| | Inquiry Commission under section 101; or |
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| | (b) | an application referred to the Secretary of State under this |
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| | section instead of being dealt with by a local planning |
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| | Member’s explanatory statement
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| | This amendment disapplies the right to be heard in subsection (5) of section 77 of the Town and |
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| | Country Planning Act 1990 in relation to cases referred to the Secretary of State under that section |
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| | instead of being dealt with by a local planning authority in England. |
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| Schedule 5, page 125, line 36, leave out ‘involving an appeal’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 489. |
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| Schedule 5, page 126, line 11, leave out ‘involving an appeal’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 489. |
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| Schedule 5, page 126, line 12, leave out ‘is’ and insert ‘are’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 489. |
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| Schedule 5, page 126, line 18, at end insert— |
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| | ‘11A (1) | Amend section 333 (regulations and orders) as follows. |
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| | (2) | In subsection (4) for “and 319” substitute “, 319 and 319A(9)”. |
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| | (3) | After subsection (5) insert— |
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| | “(5A) | No order may be made under section 319A(9) unless a draft of the |
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| | instrument containing the order has been laid before, and approved by |
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| | resolution of, each House of Parliament.”’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is that an order made under section 319A of the Town and Country |
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| | Planning Act 1990 will be subject to the affirmative resolution procedure. |
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| Schedule 5, page 126, line 21, leave out sub-paragraph (2). |
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| | Member’s explanatory statement
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| | The effect of this amendment is that the function of making a determination as to procedure under |
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| | new section 319A of the Town and Country Planning Act 1990 will remain with the Secretary of |
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| | State rather than being transferred to an appointed person. |
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| Schedule 5, page 126, line 26, leave out ‘For sub-paragraph (5) of that paragraph’ |
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| and insert ‘In paragraph 2 for sub-paragraph (5)’. |
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| | Member’s explanatory statement
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| | This is a technical amendment consequential on amendment 519. |
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| Schedule 5, page 126, line 31, at end insert— |
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| | ‘(3A) | After sub-paragraph (9) of that paragraph insert— |
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| | “(10) | Sub-paragraph (9) does not apply to references to the Secretary of |
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| | State in section 319A (powers and duties of the Secretary of State |
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| | in relation to the determination of procedure for certain |
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| | Member’s explanatory statement
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| | This purpose of this amendment is to prevent the Secretary of State functions under new section |
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| | 319A of the Town and County Planning Act 1990 being converted into functions of an appointed |
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| Schedule 5, page 126, line 37, at end insert— |
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| | ‘(5A) | In the case of an appeal to which section 319A applies, the |
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| | Secretary of State must give the appellant, the local planning |
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| | authority and any person who has made any representations |
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| | mentioned in sub-paragraph (2) an opportunity to make further |
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| | representations if the reasons for the direction raise matters with |
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| | respect to which any of those persons have not made |
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| | (4A) | In sub-paragraph (6) of that paragraph after “(4)” insert “or (5A)”.’. |
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| | Member’s explanatory statement
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| | This amendment makes provision about further representations by the parties to appeals to which |
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| | section 319A of the Town and Country Planning Act 1990 applies where the Secretary of State has |
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| | directed that the appeal should be determined by him rather than an appointed person. |
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| Schedule 5, page 127, line 2, at end insert— |
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| | ‘13A | In section 12 (reference of applications to Secretary of State) after subsection |
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| | “(4A) | Subsection (4) does not apply to an application referred to the |
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| | Secretary of State under this section instead of being dealt with by a |
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| | local planning authority in England.”’. |
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| | Member’s explanatory statement
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| | This amendment disapplies the right to be heard in subsection (4) of section 12 of the Planning |
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| | (Listed Buildings and Conservation Areas) Act 1990 in relation to cases referred to the Secretary |
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| | of State under that section instead of being dealt with by a local planning authority in England. |
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| Schedule 5, page 127, line 23, at end insert— |
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| | ‘19A (1) | Amend section 93 (regulations and orders) as follows. |
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| | (2) | In subsection (4) after “75(7)” insert “, 88D(8)”. |
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| | (3) | After subsection (5) insert— |
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