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| |
| |
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| | | Provision for and in connection with the review by local |
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15 | | planning authorities of matters which may be expected to |
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| | |
| | (a) | the development of the authorities’ areas, or |
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| | (b) | the planning of the development of the authorities’ |
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| | |
20 | | |
| | | Provision for and in connection with— |
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| | (a) | plans of local planning authorities in relation to the |
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| | development and use of land in their areas, and |
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| | (b) | removing requirements for any such plans. |
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25 | | | This does not include provision about the status to be given to |
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| | any such plans in connection with the decision on an |
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| | application for an order granting development consent under |
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| | |
| | | Interpretation of this field |
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30 | | |
| | “local planning authority” in relation to an area means— |
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| | (a) | a National Park authority, in relation to a National Park |
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| | |
| | (b) | a county council in Wales or a county borough council, |
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35 | | |
| | “Wales” has the meaning given by Schedule 1 to the |
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| | Interpretation Act 1978.”’. |
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| | As Amendments to John Healey’s proposed New Clause (Powers of National |
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| | Assembly for Wales) (NC22):— |
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| |
| | |
| Leave out lines 13 to 28. |
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| |
| | |
| Leave out lines 31 to 35. |
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| |
| | Delegation of functions of regional planning bodies |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | In Part 1 of the Planning and Compulsory Purchase Act 2004 (regional functions) |
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| | |
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| |
| |
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| | “4A | Delegation of RPB functions to regional development agencies |
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| | (1) | The RPB may make arrangements with the regional development agency |
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| | for its region for the exercise by the agency on behalf of the RPB of any |
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| | |
| | (2) | Subsection (3) applies if, by virtue of section 2(7), the Secretary of State |
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| | has power to exercise any functions of the RPB. |
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| | (3) | The Secretary of State may make arrangements with the regional |
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| | development agency for the region of the RPB for the exercise by the |
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| | agency on behalf of the Secretary of State of any of the RPB’s functions. |
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| | (4) | Subsection (5) applies if, by virtue of section 10(3), the Secretary of State |
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| | has power to prepare a draft revision of the RSS because of a failure to |
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| | |
| | (5) | The Secretary of State may make arrangements with the regional |
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| | development agency for the region of the RPB for the exercise by the |
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| | agency on behalf of the Secretary of State of the Secretary of State’s |
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| | function under section 10(3). |
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| | (6) | Arrangements under this section— |
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| | (a) | may be made only if the regional development agency agrees to |
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| | the making of the arrangements and their terms; |
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| | (b) | may be varied only if the regional development agency agrees to |
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| | the variation and the terms of the variation. |
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| | (7) | Arrangements under subsection (1) may be brought to an end at any time |
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| | |
| | (8) | Arrangements under subsection (3) or (5) may be brought to an end at any |
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| | time by the Secretary of State. |
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| | (9) | A regional development agency which, by virtue of arrangements under |
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| | this section, has power, or is required, to exercise a function of the RPB, |
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| | may do anything which is calculated to facilitate, or is conducive or |
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| | incidental to, the exercise of the function. |
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| | (10) | Arrangements under subsection (1) for the exercise of a function by a |
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| | regional development agency do not prevent the RPB from exercising the |
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| | |
| | (11) | Arrangements under subsection (3) or (5) for the exercise of a function |
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| | by a regional development agency do not prevent the Secretary of State |
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| | from exercising the function. |
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| | (12) | “Regional development agency” means a development agency |
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| | established under section 1 of the Regional Development Agencies Act |
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| | |
| | (2) | The Regional Development Agencies Act 1998 is amended as follows. |
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| | (3) | In section 8 (regional consultation) after subsection (2) insert— |
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| | “(2A) | The reference in subsection (2)(b) to the functions of a regional |
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| | development agency does not include any function conferred by |
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| | arrangements under section 4A of the Planning and Compulsory |
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| | Purchase Act 2004 (delegation of functions of regional planning bodies |
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| | to regional development agencies).” |
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| | (4) | In section 11 (borrowing) after subsection (4) insert— |
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| |
| |
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| | “(4A) | The references in subsections (2) and (4) to the functions of a regional |
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| | development agency do not include any function conferred by |
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| | arrangements under section 4A of the Planning and Compulsory |
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| | Purchase Act 2004 (delegation of functions of regional planning bodies |
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| | to regional development agencies).” |
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| | (5) | In section 18 (regional accountability) after subsection (1) insert— |
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| | “(1A) | The reference in subsection (1)(c) to the functions of a regional |
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| | development agency does not include any function conferred by |
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| | arrangements under section 4A of the Planning and Compulsory |
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| | Purchase Act 2004 (delegation of functions of regional planning bodies |
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| | to regional development agencies).” |
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| | (6) | In paragraph 7 of Schedule 2 (delegation of functions by regional development |
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| | agencies) after sub-paragraph (1) insert— |
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| | “(1A) | The reference in sub-paragraph (1) to anything authorised or required |
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| | to be done under an enactment includes a reference to anything |
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| | authorised or required to be done under arrangements made under an |
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| | |
| |
| | Local development orders: removal of requirement to implement policies |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Section 61A of TCPA 1990 (local development orders) is amended as set out in |
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| | |
| | (2) | Omit subsection (1) (requirement to implement policies). |
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| | (3) | In subsection (2) for “A local development order may” substitute “A local |
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| | planning authority may by order (a local development order)”. |
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| | (4) | In paragraph 2 of Schedule 4A to TCPA 1990 (revision of local development |
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| | orders) omit sub-paragraphs (4) and (5).’. |
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| |
| | Appeals: miscellaneous amendments |
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| |
| | |
| To move the following Clause:— |
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| | ‘Schedule [Appeals: miscellaneous amendments] (appeals: miscellaneous |
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| | amendments) has effect.’. |
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| |
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| |
| |
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| | Geographically-specified national policy statements |
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| |
| |
| | Negatived on division NC3 |
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| To move the following Clause:— |
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| | ‘(1) | This section sets out the requirements for national policy statements which make |
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| | particular reference to specific geographical areas under section 5(5)(d). |
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| | (2) | Where a proposal for a national policy statement is made by the Secretary of State |
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| | with implications for a specific geographical area, the Secretary of State shall |
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| | commission and fund an assessment by the relevant local planning authority, or |
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| | |
| | (a) | whether the proposal is consonant with the principles enumerated in the |
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| | authority’s local development documents as defined in section 17 of the |
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| | Planning and Compulsory Purchase Act 2004, |
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| | (b) | the likely impact of the proposal on communities within the local |
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| | |
| | (c) | whether the proposal meets with the approval of persons residing in the |
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| | relevant local authority area, and |
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| | (d) | any other matter which the relevant planning authority considers |
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| | |
| | (3) | A local authority area is within subsection (2) if any of the locations concerned is |
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| | in the authority’s area, or a neighbouring authority’s area. |
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| | (4) | A “proposal” in subsection (2) shall be defined as in section 7(3).’. |
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| |
| | Amendment of the meaning of development |
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| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Town and Country Planning Act 1990 is amended as follows. |
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| | (2) | In section 55 (meaning of development and new development), in subsection |
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| | (2)(a) leave out “for making good war damage or works begun after 5th |
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| | |
| | (3) | In section 336(1), leave out the definition of “war damage”.’. |
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| |
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| |
| |
|
| | Abolition of planning contributions |
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| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘Sections 46 (planning contribution), 47 (planning contribution: regulations), and |
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| | 48 (planning contribution: Wales) of the Planning and Compulsory Purchase Act |
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| | |
| |
| | Parliamentary consideration of national policy statements |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State shall lay before Parliament a draft of a statement which the |
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| | Secretary of State proposes to designate as a national policy statement for the |
|
| | |
| | (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). |
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| | (3) | The period for Parliamentary consideration of a draft national policy statement |
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| | means the period of 60 days beginning on the day on which it was laid before |
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| | |
| | (4) | In reckoning the period of 60 days referred to in subsection (4), no account shall |
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| | be taken of any time during which Parliament is dissolved or prorogued or during |
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| | which either House is adjourned for more than four days. |
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| | (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 |
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| | 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— |
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| | (a) | any representations, resolution or report falling within subsection (5); |
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| | |
| | (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).’. |
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| |
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| |
| |
|
| | Duty to identify and mitigate adverse impacts |
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| |
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Further to the applicant’s duties under section 42, the applicant must prepare a |
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| | 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 |
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| | applicant proposes to take to respond to those impacts. |
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| | (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. |
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| | (3) | A statement of impacts and mitigation may propose no mitigating action where it |
|
| | appears to the applicant that— |
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| | (a) | the adverse impact is insignificant and mitigating action is not warranted, |
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| | |
| | (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). |
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| | (5) | In preparing the statement of impacts and mitigation, the applicant must have |
|
| | |
| | (a) | any relevant response received by the applicant to consultation under |
|
| | |
| | (b) | any guidance given by the Commission under subsection (4).’. |
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| |
| | Lawful development certificates |
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| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Town and Country Planning Act 1990 is amended as follows. |
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|
|
| |
| |
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| | (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 |
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| | before the end of such period as may be prescribed; |
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| | (d) | to publicise the application or require the applicant to publicise the |
|
| | application in such manner as may be prescribed; |
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| | (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 |
|
| | |
| | (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 |
|
| | |
| |
| | Abolition of conservation area consent |
|
| |
| |
| |
| |
| |
| |
| | |
| 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 |
|
| | |
| | (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— |
|
|