House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 29th January 2008
478

Planning Bill, continued

Member’s explanatory statement

This amends Schedule 6 of the Planning Act 1990 to enable regulations to be made for the transfer

to Inspectors of appeals under Schedule 2 to the Planning and Compensation Act 1991 in respect

of old mining permissions for development authorised under interim development orders made

between 1943 and 1948.

Powers of National Assembly for Wales

John Healey

nc22

To move the following Clause:—

‘In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly

measures: matters within Assembly’s legislative competence), after the heading

“Field 18: town and country planning” insert—


“Matter 18.1


Provision for and in connection with—

(a)
plans of the Welsh Ministers in relation to the

development and use of land in Wales, and

(b)
removing requirements for any such plans.


This does not include provision about the status to be given to

any such plans in connection with the decision on an

application for an order granting development consent under

the Planning Act 2008.


Matter 18.2


Provision for and in connection with the review by local

planning authorities of matters which may be expected to

affect—

(a)
the development of the authorities’ areas, or

(b)
the planning of the development of the authorities’

areas.


Matter 18.3


Provision for and in connection with—

(a)
plans of local planning authorities in relation to the

development and use of land in their areas, and

(b)
removing requirements for any such plans.


This does not include provision about the status to be given to

any such plans in connection with the decision on an

application for an order granting development consent under

the Planning Act 2008.


Interpretation of this field


In this field—

“local planning authority” in relation to an area means—

(a)
a National Park authority, in relation to a National Park

in Wales;

(b)
a county council in Wales or a county borough council,

in any other case;

Public Bill Committee: 29th January 2008
479

Planning Bill, continued

“Wales” has the meaning given by Schedule 1 to the

Interpretation Act 1978.”’.

Member’s explanatory statement

This amendment gives the Assembly power to pass Measures about plans of the Welsh Ministers

and local planning authorities concerning the development and use of land, subject to an exception

regarding the status of such plans, and the review by local planning authorities of matters affecting

their area’s development.

Geographically-specified national policy statements

Dan Rogerson

Tom Brake

NC3

To move the following Clause:—

‘(1)
This section sets out the requirements for national policy statements which make

particular reference to specific geographical areas under section 5(5)(d).

(2)
Where a proposal for a national policy statement is made by the Secretary of State

with implications for a specific geographical area, the Secretary of State shall

commission and fund an assessment by the relevant local planning authority, or

authorities, of—

(a)
whether the proposal is consonant with the principles enumerated in the

authority’s local development documents as defined in section 17 of the

Planning and Compulsory Purchase Act 2004,

(b)
the likely impact of the proposal on communities within the local

authority area,

(c)
whether the proposal meets with the approval of persons residing in the

relevant local authority area, and

(d)
any other matter which the relevant planning authority considers

appropriate.

(3)
A local authority area is within subsection (2) if any of the locations concerned is

in the authority’s area, or a neighbouring authority’s area.

(4)
A “proposal” in subsection (2) shall be defined as in section 7(3).’.

Amendment of the meaning of development

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

nc4

To move the following Clause:—

‘(1)
The Town and Country Planning Act 1990 is amended as follows.

Public Bill Committee: 29th January 2008
480

Planning Bill, continued

(2)
In section 55 (meaning of development and new development), in subsection

(2)(a) leave out “for making good war damage or works begun after 5th

December 1968”.

(3)
In section 336(1), leave out the definition of “war damage”.’.

Member’s explanatory statement

The New Clause removes the exemption from planning control of works to repair war damage

caused in the Second World War and the completion of basement works which were begun before

5th December 1968.

Abolition of planning contributions

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

NC5

To move the following Clause:—

‘Sections 46 (planning contribution), 47 (planning contribution: regulations), 48

(planning contribution: Wales) of the Planning and Compulsory Purchase Act

2004 are omitted.’.

Parliamentary consideration of national policy statements

Mr Clive Betts

NC6

To move the following Clause:—

‘(1)
The Secretary of State shall lay before Parliament a draft of a statement which the

Secretary of State proposes to designate as a national policy statement for the

purposes of this Act.

(2)
The Secretary of State may not lay a national policy statement before Parliament

under section 5(1)(d) until after the expiry of the period of Parliamentary

consideration of the draft of that statement, as defined by subsection (3).

(3)
The period for Parliamentary consideration of a draft national policy statement

means the period of 60 days beginning on the day on which it was laid before

Parliament.

(4)
In reckoning the period of 60 days referred to in subsection (4), no account shall

be taken of any time during which Parliament is dissolved or prorogued or during

which either House is adjourned for more than four days.

(5)
In preparing a national policy statement under section 5 following the laying of a

draft of that statement under subsection (1) of this section, the Secretary of State

concerned shall have regard to any representations made during the period for

Parliamentary consideration and, in particular, to any resolution or report of, or

of any committee of, either House of Parliament with regard to the document.

Public Bill Committee: 29th January 2008
481

Planning Bill, continued

(6)
Together with a national policy statement laid before Parliament under section

5(d), the Secretary of State concerned shall lay a statement giving details of—

(a)
any representations, resolution or report falling within subsection (5);

and

(b)
the changes (if any) which, in the light of any such representations,

resolution or report, the Secretary of State has made to the draft of the

statement laid before Parliament under subsection (1).’.

Duty to identify and mitigate adverse impacts

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

nc8

To move the following Clause:—

‘(1)
Further to the applicant’s duties under section 42, the applicant must prepare a

statement of impacts and mitigation identifying those effects of the proposed

application that have been identified in response to the consultation under section

42 as adverse to the interests of respondents and the steps (if any) that the

applicant proposes to take to respond to those impacts.

(2)
For each instance of an adverse impact, the statement of impacts and mitigation

must set out the applicant’s proposal for mitigating action to be taken by the

applicant, or must state that no mitigating action is to be taken.

(3)
A statement of impacts and mitigation may propose no mitigating action where it

appears to the applicant that—

(a)
the adverse impact is insignificant and mitigating action is not warranted,

or

(b)
mitigating action would be unreasonable due to disproportionate cost,

adverse collateral effects on other interests or because it would be

otherwise not in the public interest.

(4)
The Commission must provide guidance to the applicants on the factors to be

considered in identifying impacts and mitigating actions and on circumstances in

which no mitigating action may be taken pursuant to subsection (3).

(5)
In preparing the statement of impacts and mitigation, the applicant must have

regard to—

(a)
any relevant response received by the applicant to consultation under

section 44(2), and

(b)
any guidance given by the Commission under subsection (4).’.

Public Bill Committee: 29th January 2008
482

Planning Bill, continued

Lawful development certificates

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

NC9

To move the following Clause:—

‘(1)
The Town and Country Planning Act 1990 is amended as follows.

(2)
In section 193(3) (certificates under sections 191 and 192: supplementary

provisions), at the end of paragraph (a) “and” shall be omitted, and there shall be

inserted after paragraph (b)—

“(c)
not to determine an application for a certificate under section 191 or 192

before the end of such period as may be prescribed;

(d)
to publicise the application or require the applicant to publicise the

application in such manner as may be prescribed;

(e)
to take into account in determining such an application such

representations, made within such period, as may be prescribed; and

(f)
to give to any person whose representations have been taken into account

such notice as may be prescribed of their decision.”

(3)
In section 195 (appeals against refusal or failure to give decision on application)

there shall be inserted after subsection (1)—

“(1A)
Any appeal under this section shall be made by notice served within such

time and in such manner as may be prescribed by a development order.

(1B)
The time prescribed for the service of such a notice must not be less

than—

(a)
28 days from the date of notification of the decision; or

(b)
in the case of an appeal under subsection (1)(b), 28 days from the

end of the period prescribed as mentioned in subsection (b) or, as

the case may be, the extended period mentioned in that

subsection.”.’.

Member’s explanatory statement

This New Clause provides for publicity and consultation periods for applications for lawful

development certificates. Subsection (3) provides for a time limit for appeals to be made against

the refusal or non-determination of such applications.

Public Bill Committee: 29th January 2008
483

Planning Bill, continued

Abolition of conservation area consent

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

NC10

To move the following Clause:—

‘(1)
After section 179 of the Town and Country Planning Act 1990 there is inserted—

“179A
  Demolition in conservation areas

(1)
A person commits an offence if the person executes or causes to be

executed any works of demolition of a building in a conservation area

which constitute the carrying out of development without the required

planning permission.

(2)
Without prejudice to subsection (1), if a person executing or causing to

be executed any works of demolition of a building in a conservation area

fails to comply with any condition relating to the demolition works and

attached to a planning permission, he shall be guilty of an offence.

(3)
In proceeding for an offence under this section it shall be a defence to

prove the following matters—

(a)
that works to the building were urgently necessary in the

interests of safety or health or for the preservation of the

building;

(b)
that it was not practicable to secure safety or health or, as the case

may be, the preservation of the building by works of repair or

works for affording temporary support or shelter;

(c)
that the works carried out were limited to the minimum measures

immediately necessary; and

(d)
that notice in writing justifying in detail the carrying out of works

was given to the local planning authority as soon as reasonably

practicable.

(4)
A person who is guilty of an offence under this section shall be liable—

(a)
on summary conviction, to imprisonment for a term not

exceeding six months or a fine not exceeding £20,000, or both; or

(b)
on conviction on indictment, to imprisonment for a term not

exceeding two years or a fine, or both.

(5)
In determining the amount of any fine to be imposed on a person

convicted of an offence under this section, the court shall in particular

have regard to any financial benefit which has accrued or appears likely

to accrue to the person in consequence of the offence.”

(2)
In sections 81A and 81B of the Planning (Listed Buildings and Conservation

Areas) Act 1990 references to “a relevant consent” or “relevant consent” shall be

replaced by “listed building consent”.

(3)
In paragraph 5 of Schedule 4 to the Planning (Listed Buildings and Conservation

Areas) Act 1990 for the words “to 75” there is substituted “to 73”.

(4)
The Secretary of State may by regulations make transitional provision consequent

upon the abolition of conservation area consent.

Public Bill Committee: 29th January 2008
484

Planning Bill, continued

(5)
The regulations made under subsection (4) may in particular—

(a)
make provision in respect of conservation area consents and planning

permissions granted before subsection (1) comes into force;

(b)
make provision in respect of applications for conservation area consents

and planning permission made before subsection (1) comes into force.’.

Member’s explanatory statement

This New Clause provides for the abolition of the requirement for conservation area consent. The

demolition of unlisted buildings inside or outside conservation areas will be governed by the

requirement for planning permission. It would be an offence to demolish a building in a

conservation area without the required planning permission.

Enforcement (financial implications)

Dan Rogerson

Tom Brake

nc13

To move the following Clause:—

‘The local planning authority may seek from the Secretary of State financial

support if it can demonstrate the need for additional resources in order to monitor

or investigate potential offences under section 130 or 131, or in order to take

remedial action where offences have been committed under section 130 or 131.’.

Amendment of Planning (Listed Buildings and Conservation Areas) Act 1990

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

nc14

To move the following Clause:—

‘(1)
The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as

follows.

(2)
In section 67(2) (publicity for applications affecting setting of listed buildings)

after “situated” insert “or online on its own website”.’.