House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

107

House of Commons

Tuesday 5th February 2008

Public Bill Committee Proceedings

Planning Bill

[Seventeenth and Eighteenth Sittings]

Dan Rogerson

Tom Brake

Withdrawn  589

Clause  172,  page  97,  line  10,  after ‘obligations)’, insert ‘subject to the

requirements that—

(i)
in any development where a contribution to affordable housing

is secured by the charging authority, such contribution is

calculated without regard to such CIL as may be payable;

(ii)
in cases where sub-paragraph (i) applies, the payment of CIL

may be reduced if the return on the investment in the

development as a whole can be shown by the applicant to fall

below a specified threshold; and

(iii)
the method for calculating that threshold and the level of residual

CIL payment referred to in sub-paragraph (ii) shall be specified

in CIL regulations;’.

John Healey

Agreed to  568

Clause  172,  page  97,  line  11,  at end insert—

‘(1A)
CIL regulations may include provision about the exercise of any other power

relating to planning or development.’.

John Healey

Agreed to  569

Clause  172,  page  97,  line  12,  leave out from ‘how’ to ‘and’ in line 14 and insert ‘a

power relating to planning or development is to be exercised;’.

Mr Clive Betts

Not called  617

Clause  172,  page  97,  line  14,  after ‘CIL’, insert ‘, and about how to ensure that

developers do not pay for the same infrastructure under two different powers’.

John Healey

Agreed to  570

Clause  172,  page  97,  line  14,  at end add—

Public Bill Committee Proceedings: 5th February 2008
108

Planning Bill, continued

‘(3)
Provision may be made under subsection (1) or (1A), and guidance may be given

under subsection (2), only if the Secretary of State thinks it necessary or

expedient for—

(a)
complementing the main purpose of CIL regulations,

(b)
enhancing the effectiveness of CIL regulations,

(c)
preventing agreements, undertakings or other transactions from being

used to undermine or circumvent CIL regulations,

(d)
preventing agreements, undertakings or other transactions from being

used to achieve a purpose that the Secretary of State thinks would better

be achieved through the application of CIL regulations, or

(e)
preventing or restricting the imposition of burdens, the making of

agreements or the giving of undertakings, in addition to CIL.

(4)
CIL regulations may provide that a power to give guidance or directions may not

be exercised—

(a)
in relation to matters specified in the regulations,

(b)
in cases or circumstances specified in the regulations,

(c)
for a purpose specified in the regulations, or

(d)
to an extent specified in the regulations.’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  610

Clause  172,  page  97,  line  14,  at end add—

‘(3)
Powers under section 106 of TCPA 1990 and section 278 of the Highways Act

1980 shall not be exercised to secure obligations to pay for and contribute towards

infrastructure of a class included within any CIL calculation except—

(a)
where the developer has elected to off-set an element of CIL liability

against a section 106 agreement, provided for under section 168(4), or

(b)
where the infrastructure is needed to access the site bound by the

obligation and the need for that infrastructure is wholly or mainly a

consequence of the development site.’.

Clause, as amended, Agreed to.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  261

Clause  173,  page  97,  line  20,  leave out ‘35’.

Public Bill Committee Proceedings: 5th February 2008
109

Planning Bill, continued

Clause Agreed to.

Dan Rogerson

Tom Brake

Withdrawn  577

Clause  174,  page  97,  leave out lines 36 and 37.

Dan Rogerson

Tom Brake

Not called  578

Clause  174,  page  98,  line  11,  leave out paragraph (e).

Dan Rogerson

Tom Brake

Not called  579

Clause  174,  page  98,  line  33,  leave out paragraph (b).

Clause Agreed to.

Clause 175 Agreed to.

Dan Rogerson

Tom Brake

Withdrawn  580

Clause  176,  page  98,  line  44,  leave out ‘may’ and insert ‘must’.

Dan Rogerson

Tom Brake

Not called  581

Clause  176,  page  98,  line  44,  leave out ‘either’.

Dan Rogerson

Tom Brake

Not called  582

Clause  176,  page  99,  line  2,  at end insert ‘and’.

Dan Rogerson

Tom Brake

Not called  583

Clause  176,  page  99,  line  5,  at end insert ‘and’.

Dan Rogerson

Tom Brake

Not called  584

Clause  176,  page  99,  line  9,  at end insert—

‘(1A)
A notice or other document required or authorised to be served or given under this

Act may additionally be served by the following methods—’.

Public Bill Committee Proceedings: 5th February 2008
110

Planning Bill, continued

Clause Agreed to.

Clauses 177 and 178 Agreed to.

Mrs Jacqui Lait

Robert Neill

Not selected  39

Clause  179,  page  101,  line  1,  after ‘section’, insert ‘1(4), 47(1)’.

Mrs Jacqui Lait

Robert Neill

Not called  46

Clause  179,  page  101,  line  1,  after ‘section’, insert ‘1(4),’.

Mrs Jacqui Lait

Robert Neill

Not called  47

Clause  179,  page  101,  line  1,  after ‘section’, insert ‘47(1),’.

Clause Agreed to.

Clauses 180 and 181 Agreed to.

John Healey

Agreed to  153

Clause  182,  page  101,  line  20,  at end insert—

‘“alteration”, in relation to an airport, must be read in accordance with

section 19(5);’.

John Healey

Agreed to  154

Clause  182,  page  101,  leave out lines 43 and 44.

John Healey

Agreed to  155

Clause  182,  page  102,  line  1,  at end insert—

‘“gas reception facility” must be read in accordance with section [gas

reception facilities] (2);’.

John Healey

Agreed to  156

Clause  182,  page  102,  line  19,  at end insert—

‘“LNG facility” must be read in accordance with section [LNG facilities]

(3);’.

Public Bill Committee Proceedings: 5th February 2008
111

Planning Bill, continued

John Healey

Agreed to  157

Clause  182,  page  102,  line  50,  at end insert—

‘“standard”, in relation to a volume of gas, means the volume of gas at a

pressure of 101.325 kiloPascals and a temperature of 273 Kelvin;’.

John Healey

Agreed to  158

Clause  182,  page  103,  line  6,  at end insert—

‘“underground gas storage facilities” must be read in accordance with

section 16(5);’.

Clause, as amended, Agreed to.

Clauses 183 to 185 Agreed to.

John Healey

Agreed to  614

Schedule  6,  page  129,  line  4,  column 2, at beginning insert—

‘Section 61A(1).’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Withdrawn  217

Schedule  6,  page  129,  line  4,  column  2,  at beginning insert ‘Section 74(1)(b)’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  218

Schedule  6,  page  129,  line  4,  column  2,  at beginning insert ‘Section 101’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

Withdrawn  362

Schedule  6,  page  129,  line  4,  column  2,  at beginning insert ‘Section 2B(6)(b)’.

Public Bill Committee Proceedings: 5th February 2008
112

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

Withdrawn  365

Schedule  6,  page  129,  line  4,  column  2,  at beginning insert ‘In section

193(3)(a) the word “and”’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  220

Schedule  6,  page  129,  line  8,  at end insert ‘Section 302’.

John Healey

Agreed to  615

Schedule  6,  page  129,  line  10,  at end insert—

‘In Schedule 4A, paragraph 2(4) and (5).’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  219

Schedule  6,  page  129,  line  10,  at end insert ‘Schedule 8’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  221

Schedule  6,  page  129,  line  10,  at end insert ‘Schedule 15’.

Public Bill Committee Proceedings: 5th February 2008
113

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

Not called  363

Schedule  6,  page  129,  line  10,  at end insert—

‘Planning (Listed Buildings
Sections 74 and 75.

and Conservation Areas)

Act 1990 (c.9)

In sections 81A and 81B, subsections (5) and (8).

In section 82F, the words “or conservation area

consent”.

In section 91, the words ““conservation area consent”

has the meaning given in section 74(1);”.

In Schedule 4, paragraph 4, the words “and 74”.

In Schedule 4, paragraph 6, the words “or conservation

area consent”.

In Schedule 4, paragraph 7, the words “74 and 75”.’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  222

Schedule  6,  page  129,  line  20,  at end insert—

‘Section 43(1) in so far as it relates to section 70B of

the TCPA, 43(2), 43(3) in so far as it relates to

section 81B of the Listed Buildings Act, and 43(4)

in so far as it relates to section 81B.

Sections 45 to 48.

Section 50.’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  223

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

‘Planning-gain Supplement
The whole Act.’.

(Preparations) Act 2007 (c. 2)