House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 29th January 2008
471

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

223

Schedule  6,  page  129,  line  21,  at end insert—

‘Planning-gain Supplement
The whole Act.’.

(Preparations) Act 2007 (c. 2)

Member’s explanatory statement

This amendment repeals the Planning-gain Supplement (Preparations) Act 2007.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

364

Schedule  6,  page  129,  line  21,  at end insert ‘Section 59(4)(f)’.

Member’s explanatory statement

This amendment repeals references to conservation area consent.

John Healey

159

Clause  187,  page  105,  line  15,  leave out ‘16’ and insert ‘[Gas reception facilities]’.

Member’s explanatory statement

This amendment is needed in consequence of New Clause 2.

John Healey

513

Clause  188,  page  106,  line  10,  at end insert—

‘(4A)
Section [Powers of National Assembly for Wales] comes into force at the end of

two months beginning with the day on which this Act is passed.’.

Member’s explanatory statement

This amendment is consequent on New Clause 22.

Public Bill Committee: 29th January 2008
472

Planning Bill, continued

Mr John Leech

Susan Kramer

48

Clause  189,  page  106,  line  20,  after ‘Planning’, insert ‘(Additional Runways and

Nuclear Power Stations)’.

NEW CLAUSES

LNG facilities

John Healey

NC1

To move the following Clause:—

‘(1)
The construction of an LNG facility is within section 13(1)(ca) only if (when

constructed) the facility will be in England and—

(a)
the storage capacity of the facility is expected to be at least 43 million

standard cubic metres, or

(b)
the maximum flow rate of the facility is expected to be at least 4.5 million

standard cubic metres per day.

(2)
The alteration of an LNG facility is within section 13(1)(ca) only if the facility is

in England and the effect of the alteration is expected to be—

(a)
to increase by at least 43 million standard cubic metres the storage

capacity of the facility, or

(b)
to increase by at least 4.5 million standard cubic metres per day the

maximum flow rate of the facility.

(3)
“LNG facility” means a facility for—

(a)
the reception of liquid natural gas from outside England,

(b)
the storage of liquid natural gas, and

(c)
the regasification of liquid natural gas.

(4)
In this section—

“maximum flow rate”, in relation to a facility, means the maximum rate at

which gas is able to flow out of the facility, on the assumption that—

(a)
the facility is filled to maximum capacity, and

(b)
the rate is measured after regasification of the liquid natural gas

and any other processing required on the recovery of the gas

from storage;

“storage capacity” means the capacity of the facility for storage of liquid

natural gas.

(5)
The storage capacity of an LNG facility is to be measured as if the gas were stored

in regasified form.’.

Member’s explanatory statement

This new clause sets out the circumstances in which construction or alteration of an LNG facility

(as defined in subsection (3)) will be a nationally significant infrastructure project.

Public Bill Committee: 29th January 2008
473

Planning Bill, continued

Gas reception facilities

John Healey

NC2

To move the following Clause:—

‘(1)
The construction of a gas reception facility is within section 13(1)(cb) only if

(when constructed)—

(a)
the facility will be in England and will be within subsection (4), and

(b)
the maximum flow rate of the facility is expected to be at least 4.5 million

standard cubic metres per day.

(2)
The alteration of a gas reception facility is within section 13(1)(cb) only if—

(a)
the facility is in England and is within subsection (4), and

(b)
the effect of the alteration is expected to be to increase by at least 4.5

million standard cubic metres per day the maximum flow rate of the

facility.

(3)
“Gas reception facility” means a facility for—

(a)
the reception of natural gas in gaseous form from outside England, and

(b)
the handling of natural gas (other than its storage).

(4)
A gas reception facility is within this subsection if—

(a)
the gas handled by the facility does not originate in England, Wales or

Scotland,

(b)
the gas does not arrive at the facility from Scotland or Wales, and

(c)
the gas has not already been handled at another facility after its arrival in

England.

(5)
“Maximum flow rate” means the maximum rate at which gas is able to flow out

of the facility.’.

Member’s explanatory statement

This new clause sets out the circumstances in which construction or alteration of a gas reception

facility (as defined in subsection (3)) will be a nationally significant infrastructure project.

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

Public Bill Committee: 29th January 2008
474

Planning Bill, continued

(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—

(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

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

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

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

Public Bill Committee: 29th January 2008
475

Planning Bill, continued

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.

Timetable for decisions

John Healey

NC12

To move the following Clause:—

‘(1)
The decision-maker is under a duty to decide an application for an order granting

development consent by the end of the period of 3 months beginning with the day

after the start day.

(2)
The start day is—

(a)
in a case where a Panel is the decision-maker, the deadline for the

completion of its examination of the application under section 89;

(b)
in a case where the Council is the decision-maker, the deadline for the

completion of the single Commissioner’s examination of the application

under section 89;

(c)
in a case where the Secretary of State is the decision-maker, the day on

which the Secretary of State receives a report on the application under

section 66(2)(b) or 75(2)(b).

(3)
The appropriate authority may set a date for the deadline under subsection (1) that

is later than the date for the time being set.

(4)
The appropriate authority is—

(a)
in a case where a Panel or the Council is the decision-maker, the person

appointed to chair the Commission;

(b)
in a case where the Secretary of State is the decision-maker, the Secretary

of State.

(5)
The power under subsection (3) may be exercised—

(a)
more than once in relation to the same deadline;

(b)
after the date for the time being set for the deadline.

(6)
Where the power under subsection (3) is exercised other than by the Secretary of

State—

(a)
the person exercising the power must notify the Secretary of State of

what has been done and of the reasons for doing it, and

(b)
the Commission’s report under paragraph 16 of Schedule 1 for the

financial year in which the power is exercised must mention and explain

what has been done.

(7)
Where the power under subsection (3) is exercised by the Secretary of State, the

Secretary of State must—

Public Bill Committee: 29th January 2008
476

Planning Bill, continued

(a)
notify each interested party of what has been done and of the reasons for

doing it, and

(b)
lay before Parliament a report explaining what has been done.

(8)
A report under subsection (7)(b) must be published in such form and manner as

the Secretary of State thinks appropriate.

(9)
“Interested party” means a person who is an interested party in relation to the

application for the purposes of Chapter 4 (see section 92).’.

Member’s explanatory statement

This amendment establishes a timetable for making decisions on applications for development

consent. This can be varied by the chair of the Commission where the Panel or the Council is the

decision maker and by the Secretary of State where the Secretary of State is the decision maker.

Correction of errors in decisions

John Healey

NC18

To move the following Clause:—

‘In section 56(3)(c) of PCPA 2004 (appropriate consent required for correction of

errors) at the beginning insert “in a case where the decision document relates to

the exercise of a function in relation to Wales,”.’.

Member’s explanatory statement

This amendment removes the requirement in England for the Secretary of State to obtain the

consent of the applicant or landowner before correcting an error that is contained in a document

recording a decision, but is not part of the reasoning on which that decision is based.

Validity of orders, decisions and directions

John Healey

nc19

To move the following Clause:—

‘(1)
Section 284(3) of TCPA 1990 (validity of certain actions on the part of the

Secretary of State) is amended as follows.

(2)
Before paragraph (a) insert—

“(za)
any decision on an application referred to the Secretary of State

under section 76A;”.

(3)
In paragraph (a) for “for planning permission referred to him” substitute “referred

to the Secretary of State”.’.

Member’s explanatory statement

This amendment ensures that the only means of questioning the validity of a decision on an

application referred to the Secretary of State under section 76A or section 77 of the Town and

Country Planning Act 1990 is through legal proceedings under section 288 of that Act.

Public Bill Committee: 29th January 2008
477

Planning Bill, continued

Applications and appeals by statutory undertakers

John Healey

nc20

To move the following Clause:—

‘In section 266 of TCPA 1990 (applications for planning permission by statutory

undertakers), after subsection (1) insert—

“(1A)
Subsection (1) has effect in relation to an application or appeal relating

to land in England only if the Secretary of State or the appropriate

Minister has given a direction for it to have effect in relation to the

application or appeal (and the direction has not been revoked).”’

Member’s explanatory statement

This amendment removes the requirement for decisions relating to statutory undertakers'

operational land to be made jointly with the Secretary of State responsible for sponsoring that

statutory undertaker. Such decisions will only be taken jointly if either Secretary of State so directs

in any particular case.

Appeals relating to old mining permissions

John Healey

nc21

To move the following Clause:—

‘(1)
Schedule 6 to TCPA 1990 (determination of certain appeals by person appointed

by Secretary of State) is amended as set out in subsections (2) and (3).

(2)
In paragraph 1—

(a)
in sub-paragraph (1) after “208” insert “of this Act, paragraph 5 of

Schedule 2 to the Planning and Compensation Act 1991”, and

(b)
in sub-paragraph (4) for “any instrument made under it” substitute “any

other Act or any instrument made under this Act or any other Act”.

(3)
In paragraph 2—

(a)
after sub-paragraph (1)(d) insert—

“(e)
in relation to an appeal under paragraph 5 of Schedule

2 to the Planning and Compensation Act 1991, as the

Secretary of State has under paragraph 6(1) and (3) of

that Schedule.”, and

(b)
in sub-paragraph (2) after “208(5)” insert “of this Act and paragraph 6(2)

of Schedule 2 to the Planning and Compensation Act 1991”.

(4)
In paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991 (c. 34)

(registration of old mining permissions: right of appeal) after sub-paragraph (8)

insert—

  “(9)
Schedule 6 to the principal Act (determination of appeals by persons

appointed by Secretary of State) applies to appeals under this

paragraph.”’