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
128

Planning Bill, continued

(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.

(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.’.

Enforcement (financial implications)

Dan Rogerson

Tom Brake

Not selected  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.’.

Public Bill Committee Proceedings: 5th February 2008
129

Planning Bill, continued

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

Withdrawn  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”.’.

Register of trees

Alun Michael

Not called  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.”’.

Public Bill Committee Proceedings: 5th February 2008
130

Planning Bill, continued

Protection of trees not subject to a tree preservation order

Alun Michael

Not called  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

(d)
omit subsection (4).’.

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

Mr Richard Benyon

Withdrawn  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

Withdrawn  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.

Public Bill Committee Proceedings: 5th February 2008
131

Planning Bill, continued

(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—

“(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

Withdrawn  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”.’.

Public Bill Committee Proceedings: 5th February 2008
132

Planning Bill, continued

Use Class Orders

Dan Rogerson

Tom Brake

Negatived on division  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

(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

Withdrawn  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.

Public Bill Committee Proceedings: 5th February 2008
133

Planning Bill, continued

(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.”’.

New Schedule

John Healey

Added  ns1

To move the following Schedule:—

‘Appeals: miscellaneous amendments

Town and Country Planning Act 1990

1
TCPA 1990 is amended as follows.

2
In section 78 (appeals against planning decisions and failure to take planning

decisions) after subsection (4) insert—

“(4A)
A notice of appeal under this section must be accompanied by such

information as may be prescribed by a development order.

(4B)
The power to make a development order under subsection (4A) is

exercisable by—

(a)
the Secretary of State, in relation to England;

(b)
the Welsh Ministers, in relation to Wales.

(4C)
Section 333(5) does not apply in relation to a development order under

subsection (4A) made by the Welsh Ministers.

(4D)
A development order under subsection (4A) made by the Welsh

Ministers is subject to annulment in pursuance of a resolution of the

National Assembly for Wales.”

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

under section 191 or 192) before subsection (2) insert—

“(1B)
A notice of appeal under this section must be—

(a)
served within such time and in such manner as may be

prescribed by a development order;

(b)
accompanied by such information as may be prescribed by

such an order.

(1C)
The time prescribed for the service of a notice of appeal under this

section must not be less than—

Public Bill Committee Proceedings: 5th February 2008
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Planning Bill, continued

(a)
28 days from the date of notification of the decision on the

application; or

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

from—

(i)
the end of the period prescribed as mentioned in

subsection (1)(b), or

(ii)
as the case may be, the extended period mentioned in

subsection (1)(b).

(1D)
The power to make a development order under subsection (1B) is

exercisable by—

(a)
the Secretary of State, in relation to England;

(b)
the Welsh Ministers, in relation to Wales.

(1E)
Section 333(5) does not apply in relation to a development order under

subsection (1B) made by the Welsh Ministers.

(1F)
A development order under subsection (1B) made by the Welsh

Ministers is subject to annulment in pursuance of a resolution of the

National Assembly for Wales.”

4    (1)
Section 208 (appeals against notices under section 207) is amended as follows.

      (2)
For subsection (4) substitute—

“(4)
The notice shall—

(a)
indicate the grounds of the appeal,

(b)
state the facts on which the appeal is based, and

(c)
be accompanied by such information as may be prescribed.

(4A)
The power to make regulations under subsection (4)(c) is exercisable

by—

(a)
the Secretary of State, in relation to England;

(b)
the Welsh Ministers, in relation to Wales.

(4B)
Section 333(3) does not apply in relation to regulations under

subsection (4)(c) made by the Welsh Ministers.

(4C)
Regulations under subsection (4)(c) made by the Welsh Ministers are

subject to annulment in pursuance of a resolution of the National

Assembly for Wales.”

      (3)
In subsection (5) for “any such appeal” substitute “an appeal under subsection

(1)”.

Planning (Listed Buildings and Conservation Areas) Act 1990

5
In section 21 of the Listed Buildings Act (appeals: supplementary provisions)

after subsection (7) insert—

“(8)
Regulations under this Act may provide for an appeal under section 20

to be accompanied by such other information as may be prescribed.

(9)
The power to make regulations under subsection (8) is exercisable

by—

(a)
the Secretary of State, in relation to England;

(b)
the Welsh Ministers, in relation to Wales.

(10)
Section 93(3) does not apply in relation to regulations under

subsection (8) made by the Welsh Ministers.