House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Public Bill Committee Proceedings: 5th February 2008
121

Planning Bill, continued


Provision for and in connection with the review by local
15
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.
20

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.
25

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
30

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,
35
in any other case;

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

Interpretation Act 1978.”’.

As Amendments to John Healey’s proposed New Clause (Powers of National

Assembly for Wales) (NC22):—

Mr David Jones

Not called  (a)

Leave out lines 13 to 28.

Mr David Jones

Not called  (b)

Leave out lines 31 to 35.

Delegation of functions of regional planning bodies

John Healey

Added  nc28

To move the following Clause:—

‘(1)
In Part 1 of the Planning and Compulsory Purchase Act 2004 (regional functions)

after section 4 insert—

Public Bill Committee Proceedings: 5th February 2008
122

Planning Bill, continued

“4A
Delegation of RPB functions to regional development agencies

(1)
The RPB may make arrangements with the regional development agency

for its region for the exercise by the agency on behalf of the RPB of any

of the RPB’s functions.

(2)
Subsection (3) applies if, by virtue of section 2(7), the Secretary of State

has power to exercise any functions of the RPB.

(3)
The Secretary of State may make arrangements with the regional

development agency for the region of the RPB for the exercise by the

agency on behalf of the Secretary of State of any of the RPB’s functions.

(4)
Subsection (5) applies if, by virtue of section 10(3), the Secretary of State

has power to prepare a draft revision of the RSS because of a failure to

comply by the RPB.

(5)
The Secretary of State may make arrangements with the regional

development agency for the region of the RPB for the exercise by the

agency on behalf of the Secretary of State of the Secretary of State’s

function under section 10(3).

(6)
Arrangements under this section—

(a)
may be made only if the regional development agency agrees to

the making of the arrangements and their terms;

(b)
may be varied only if the regional development agency agrees to

the variation and the terms of the variation.

(7)
Arrangements under subsection (1) may be brought to an end at any time

by the RPB.

(8)
Arrangements under subsection (3) or (5) may be brought to an end at any

time by the Secretary of State.

(9)
A regional development agency which, by virtue of arrangements under

this section, has power, or is required, to exercise a function of the RPB,

may do anything which is calculated to facilitate, or is conducive or

incidental to, the exercise of the function.

(10)
Arrangements under subsection (1) for the exercise of a function by a

regional development agency do not prevent the RPB from exercising the

function.

(11)
Arrangements under subsection (3) or (5) for the exercise of a function

by a regional development agency do not prevent the Secretary of State

from exercising the function.

(12)
“Regional development agency” means a development agency

established under section 1 of the Regional Development Agencies Act

1998.”’

(2)
The Regional Development Agencies Act 1998 is amended as follows.

(3)
In section 8 (regional consultation) after subsection (2) insert—

“(2A)
The reference in subsection (2)(b) to the functions of a regional

development agency does not include any function conferred by

arrangements under section 4A of the Planning and Compulsory

Purchase Act 2004 (delegation of functions of regional planning bodies

to regional development agencies).”

(4)
In section 11 (borrowing) after subsection (4) insert—

Public Bill Committee Proceedings: 5th February 2008
123

Planning Bill, continued

“(4A)
The references in subsections (2) and (4) to the functions of a regional

development agency do not include any function conferred by

arrangements under section 4A of the Planning and Compulsory

Purchase Act 2004 (delegation of functions of regional planning bodies

to regional development agencies).”

(5)
In section 18 (regional accountability) after subsection (1) insert—

“(1A)
The reference in subsection (1)(c) to the functions of a regional

development agency does not include any function conferred by

arrangements under section 4A of the Planning and Compulsory

Purchase Act 2004 (delegation of functions of regional planning bodies

to regional development agencies).”

(6)
In paragraph 7 of Schedule 2 (delegation of functions by regional development

agencies) after sub-paragraph (1) insert—

“(1A)
The reference in sub-paragraph (1) to anything authorised or required

to be done under an enactment includes a reference to anything

authorised or required to be done under arrangements made under an

enactment.”’.

Local development orders: removal of requirement to implement policies

John Healey

Added  nc29

To move the following Clause:—

‘(1)
Section 61A of TCPA 1990 (local development orders) is amended as set out in

subsections (2) and (3).

(2)
Omit subsection (1) (requirement to implement policies).

(3)
In subsection (2) for “A local development order may” substitute “A local

planning authority may by order (a local development order)”.

(4)
In paragraph 2 of Schedule 4A to TCPA 1990 (revision of local development

orders) omit sub-paragraphs (4) and (5).’.

Appeals: miscellaneous amendments

John Healey

Added  nc30

To move the following Clause:—

‘Schedule [Appeals: miscellaneous amendments] (appeals: miscellaneous

amendments) has effect.’.

Public Bill Committee Proceedings: 5th February 2008
124

Planning Bill, continued

Geographically-specified national policy statements

Dan Rogerson

Tom Brake

Negatived on division  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

Withdrawn  nc4

To move the following Clause:—

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

(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”.’.

Public Bill Committee Proceedings: 5th February 2008
125

Planning Bill, continued

Abolition of planning contributions

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  NC5

To move the following Clause:—

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

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

2004 are omitted.’.

Parliamentary consideration of national policy statements

Mr Clive Betts

Not called  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.

(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).’.

Public Bill Committee Proceedings: 5th February 2008
126

Planning Bill, continued

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

Not called  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).’.

Lawful development certificates

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

Not called  NC9

To move the following Clause:—

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

Public Bill Committee Proceedings: 5th February 2008
127

Planning Bill, continued

(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.”.’.

Abolition of conservation area consent

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

James Duddridge

Mr David Curry

Not called  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—