Public Bill Committee: 29th January 2008

485

Planning Bill, continued

Register of trees

Alun Michael

NC15

To move the following Clause:—

‘After section 210 of TCPA 1990 insert—

“Register of trees of special interest

210A	Register of trees of special interest

(1)	The Secretary of State may compile and maintain a register of trees

situated in England and appearing to him to be of special interest, or may

approve with or without modification such a register compiled by other

persons or bodies, and may amend any register so compiled or approved.

(2)	The Welsh Ministers may compile and maintain a register of trees

situated in Wales and appearing to them to be of special interest, or may

approve with or without modifications such a register compiled by other

persons or bodies, and may amend any register so compiled or approved.

(3)	The Secretary of State or, as the case may be, the Welsh Ministers shall,

as soon as practicable after including in the register an entry relating to

any tree, notify the persons mentioned in subsection (4) of this section of

the inclusion and send them a copy of the entry.

(4)	The persons are—

(a)	the owner and (if the owner is not the occupier) the occupier of

the land on or over which the tree or any part of it is growing; and

(b)	any local planning authority in whose area such land is

situated.”’.

Protection of trees not subject to a tree preservation order

Alun Michael

NC16

To move the following Clause:—

‘(1)	In section 211 of the TCPA 1990 (preservation of trees in conservation areas), in

subsection (2), after the words “in a conservation area” add “and to any other

tree”.

(2)	In section 212 (power to disapply section 211)—

(a)	after subsection (2)(b), insert—

“(bb)

trees in such other areas or descriptions of areas as may

be so specified;”;

(b)	in subsection (2)(c), before the word “size”, insert “description,”;

(c)	after subsection (2), insert—

“(2A)

Such regulations may, in particular, exempt from the application

of section 211 any works to a tree whose felling would require a

licence under the Forestry Act 1967.”; and

Public Bill Committee: 29th January 2008

486

Planning Bill, continued

(d)	omit subsection (4).’.

Decisions of Panel and Council (duty in relation to electromagnetic fields)

Mr Richard Benyon

NC17

To move the following Clause:—

‘(1)	This section applies in relation to an application for an order granting

development consent if the decision-maker is a Panel or the Council.

(2)	In deciding the application, the Panel or Council must ensure that it does not

expose any person to any risk to their health arising from exposure to electric and

magnetic fields with a frequency of between 30 and 300 Hertz.’.

Third party rights of appeal

Dan Rogerson

Tom Brake

NC23

To move the following Clause:—

‘(1)	TCPA 1990 is amended as follows.

(2)	After section 78(2) (right to appeal), insert—

“(2A)

Where a local planning authority appprove an application for planning

permission, certain persons as specified in subsection (2B) below may by

notice appeal to the Secretary of State.

(2B)	Persons who may by notice appeal to the Secretary of State against the

approval of planning permission in the circumstances specified in

subsection (2A) above are—

(a)	any persons who have lodged a formal objection to the planning

application in writing to the planning authority for the area in

which the land to which the application relates is situated;

(b)	other persons at the discretion of a person appointed by the

Secretary of State for that purpose.”

(3)	In section 79 (determination of appeals)—

(a)	in subsection (2), the word “either” shall be omitted, and after the words

“if the appellant or the local planning authority” there shall be inserted

the words “or the applicant (where different from the appellant)”;

(b)	in subsection (6), after the words “or to proceed with the determination”,

there shall be inserted the words “except for appeals as defined in section

78, subsection (2A), and where the appellant is as defined in section 78,

subsection (2B)”;

(c)	After subsection (7), there is inserted—

Public Bill Committee: 29th January 2008

487

Planning Bill, continued

“(8)	The Secretary of State shall have a discretion to dismiss an

appeal or referral where, having considered the grounds of

appeal or referral, the Secretary of State is of the opinion that the

appeal or referral—

(a)	is vexatious, frivolous or without substance or

foundation, or

(b)	is made with the sole intention of delaying the

development or the intention of securing the payment of

money, gifts, consideration or other inducement by any

person.”’.

Playing fields

Dan Rogerson

Tom Brake

NC24

To move the following Clause:—

‘(1)	The Town and Country Planning (General Development Procedure) Order 1995

(“the 1995 Order”) shall be amended as follows.

(2)	In paragraph (z)(ii)(aa) of the table in Article 10(1) (as amended by the Town and

Country Planning (General Development Procedure) (Amendment) Order 1996)

leave out “5” and insert “20”.

(3)	In paragraph (ii)(l) of Article 10(2) of the 1995 Order, leave out “0.4” and insert

“0.2”.’.

Use Class Orders

Dan Rogerson

Tom Brake

NC25

To move the following Clause:—

‘(1)	The local planning authority may, when it deems it appropriate to do so, report on

the effectiveness of the Use Class Orders available to it in the Town and Country

Planning (Use Classes) Order 1987.

(2)	In a report published under subsection (1) (“the Use Class Order report”), the

local planning authority may submit to the Secretary of State proposals for new

Use Class Orders to be made under sections 55(2)(f) and 333(7) of the Town and

Country Planning Act 1990.

(3)	The Secretary of State shall consider the Use Class Order report within four

weeks of receiving it and may—

(a)	order that new Use Classes be made under sections 55(2)(f) and 333(7)

of the Town and Country Planning Act 1990 to reflect proposals made in

the Use Class Order report, or

Public Bill Committee: 29th January 2008

488

Planning Bill, continued

(b)	reject the proposals made in the Use Class Order report and publish the

reasons for that rejection in at least one local newspaper circulating in the

relevant area.

(4)	Where the Secretary of State uses her power under subsection (3)(b) the Secretary

of State shall have a duty to meet with the local planning authority within four

weeks of the Secretary of State’s decision.’.

Enforcement charters

Dan Rogerson

nc26

To move the following Clause:—

‘(1)	PCPA 2004 is amended as follows.

(2)	After section 18 (statements of community involvement) insert—

“18A	Enforcement charters

(1)	The local planning authority must prepare an enforcement charter.

(2)	For the purposes of this Act, an ‘enforcement charter’ shall set out—

(a)	a statement of the authority’s policies as regards their taking

enforcement action for the purposes of TCPA 1990,

(b)	an account of how members of the public are to bring any

ostensible breach of planning control to the attention of the

authority, and

(c)	an account—

(i)	of how any complaint to the authority as regards the

taking by them of enforcement action is to be made, and

(ii)	of their procedures for dealing with any such complaint.

(3)	The Secretary of State shall issue guidance to a planning authority for the

purposes of this section and an authority must have regard to any

guidance so issued.

(4)	The local planning authority shall have a duty to review its charter and

publish it—

(a)	whenever required to do so by the Secretary of State,

(b)	at least every two years, and

(c)	in such a manner as the Secretary of State shall by regulation

prescribe.

(5)	For the purposes of sections 20 and 24 the enforcement charter is not a

local development document.”’.

Public Bill Committee: 29th January 2008

489

Planning Bill, continued

John Healey

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Order of the House [10th December 2007]

That the following provisions shall apply to the Planning Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 5th February 2008.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [8th JANUARY 2008]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

8th Janurary) meet—

(a)	at 4.00 p.m. on Tuesday 8th January;

(b)	at 9.00 a.m. and 1.00 p.m. on Thursday 10th January;

(c)	at 10.30 a.m. and 4.00 p.m. on Tuesday 15th January;

(d)	at 9.00 a.m. and 1.00 p.m. on Thursday 17th January;

(e)	at 10.30 a.m. and 4.00 p.m. on Tuesday 22nd January;

(f)	at 9.00 a.m. and 1.00 p.m. on Thursday 24th January;

(g)	at 10.30 a.m. and 4.00 p.m. on Tuesday 29th January;

(h)	at 9.00 a.m. and 1.00 p.m. on Thursday 31st January;

(i)	at 10.30 a.m. and 4.00 p.m. on Tuesday 5th February;

(2)	the Committee shall hear oral evidence in accordance with the following

Table:

Public Bill Committee: 29th January 2008

490

Planning Bill, continued

TABLE

	Date	Time	Witness
	Tuesday 8th January	Until no later than 11.40 a.m.	Confederation of British Industry
	Tuesday 8th January	Until no later than 12.20 p.m.	UK Business Council for
			Sustainable Energy
	Tuesday 8th January	Until no later than 1.00 p.m.	UK Major Ports Group
	Tuesday 8th January	Until no later than 4.50 p.m.	Royal Town Planning Institute
	Tuesday 8th January	Until no later than 5.30 p.m.	Local Government Association
	Tuesday 8th January	Until no later than 6.15 p.m.	Planning Inspectorate
	Tuesday 8th January	Until no later than 7.00 p.m.	Home Builders Federation and
			British Property Federation
	Thursday 10th January	Until no later than 9.45 a.m.	Friends of the Earth
	Thursday 10th January	Until no later than 10.25 a.m.	Environment Agency
	Thursday 10th January	Until no later than 1.40 p.m.	Energy Networks Association
	Thursday 10th January	Until no later than 2.20 p.m.	Campaign to Protect Rural
			England
	Thursday 10th January	Until no later than 4.00 p.m.	Department for Communities and
			Local Government

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clause 1; Schedule 1; Clauses 2 to 31; Schedule 2; Clauses

32 to 157; Schedule 3; Clauses 158 and 159; Schedule 4; Clause 160;

Schedule 5; Clauses 161 to 185; Schedule 6; Clauses 186 to 189; new

Clauses; new Schedules; remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 p.m. on Tuesday 5th February.

---

Revised 29 January 2008