House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

23

House of Commons

Tuesday 22nd January 2008

Public Bill Committee Proceedings

Planning Bill

[ninth and tenth Sittings]

John Healey

Agreed to  96

Clause  13,  page  7,  line  9,  leave out ‘storage of gas’ and insert ‘gas storage

facilities’.

John Healey

Agreed to  97

Clause  13,  page  7,  line  9,  at end insert—

‘(ca)
the construction or alteration of an LNG facility;

(cb)
the construction or alteration of a gas reception facility;’.

John Healey

Agreed to  98

Clause  13,  page  7,  line  11,  leave out ‘the construction of a highway’ and insert

‘highway-related development’.

John Healey

Agreed to  99

Clause  13,  page  7,  line  12,  leave out ‘extension’ and insert ‘alteration’.

John Healey

Agreed to  100

Clause  13,  page  7,  line  13,  leave out ‘extension’ and insert ‘alteration’.

John Healey

Agreed to  101

Clause  13,  page  7,  line  15,  after ‘construction’ insert ‘or alteration’.

John Healey

Agreed to  102

Clause  13,  page  7,  line  16,  leave out ‘extension’ and insert ‘alteration’.

John Healey

Agreed to  103

Clause  13,  page  7,  line  18,  after ‘construction’ insert ‘or alteration’.

Public Bill Committee Proceedings: 22nd January 2008
24

Planning Bill, continued

Dan Rogerson

Tom Brake

Withdrawn  161

Clause  13,  page  7,  line  19,  leave out paragraph (m).

John Healey

Agreed to  104

Clause  13,  page  7,  line  19,  after ‘construction’ insert ‘or alteration’.

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

Withdrawn  89

Clause  13,  page  7,  line  21,  leave out subsections (3) to (5).

John Healey

Agreed to  105

Clause  13,  page  7,  line  28,  after ‘if’ insert ‘— (a)’.

John Healey

Agreed to  106

Clause  13,  page  7,  line  29,  leave out ‘England in the field of—’ and insert ‘one or

more of the fields specified in subsection (6), and

(b)
the works are to be carried out wholly in one or more of the areas

specified in subsection (7).

(6)
The fields are—’.

John Healey

Agreed to  107

Clause  13,  page  7,  line  33,  leave out ‘or’.

John Healey

Agreed to  108

Clause  13,  page  7,  line  34,  at end add—

‘(7)
The areas are—

(a)
England;

(b)
waters adjacent to England up to the seaward limits of the territorial sea;

(c)
in the case of a project for the carrying out of works in the field of energy,

a Renewable Energy Zone, except any part of a Renewable Energy Zone

in relation to which the Scottish Ministers have functions.’.

Clause, as amended, Agreed to.

John Healey

Agreed to  109

Clause  14,  page  7,  line  38,  leave out ‘will’ and insert ‘is expected to’.

Public Bill Committee Proceedings: 22nd January 2008
25

Planning Bill, continued

Mr Elfyn Llwyd

Not moved  366

Clause  14,  page  8,  line  1,  leave out ‘or Wales’.

Mr Elfyn Llwyd

Withdrawn  367

Clause  14,  page  8,  line  3,  leave out ‘50’ and insert ‘100’.

Mr Elfyn Llwyd

Not called  368

Clause  14,  page  8,  line  3,  at end insert ‘installed capacity’.

Mr Elfyn Llwyd

Not called  369

Clause  14,  page  8,  line  8,  leave out ‘or Wales’.

John Healey

Agreed to  110

Clause  14,  page  8,  line  8,  leave out ‘between the mean low water mark and’ and

insert ‘up to’.

Dan Rogerson

Tom Brake

Not called  76

Clause  14,  page  8,  line  11,  at end add—

‘(5)
The Secretary of State shall annually undertake a review of the threshold

specified in subsection (2)(c) and publish a report.’.

Clause, as amended, Agreed to.

John Healey

Agreed to  111

Clause  15,  page  8,  line  23,  leave out ‘not exceeding’ and insert ‘that is not expected

to exceed’.

John Healey

Agreed to  112

Clause  15,  page  8,  line  23,  leave out ‘used or’.

John Healey

Agreed to  113

Clause  15,  page  8,  line  25,  leave out ‘the line is or (when installed)’ and insert

‘(when installed) the line’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 22nd January 2008
26

Planning Bill, continued

John Healey

Agreed to  114

Clause  16,  page  8,  line  30,  leave out ‘storage of gas’ and insert ‘gas storage

facilities’.

John Healey

Agreed to  115

Clause  16,  page  8,  line  31,  leave out ‘or (3)’ and insert ‘, (3) or (3B)’.

John Healey

Agreed to  116

Clause  16,  page  8,  line  33,  leave out ‘facilities for the underground storage of gas’

and insert ‘underground gas storage facilities’.

John Healey

Agreed to  117

Clause  16,  page  8,  line  35,  leave out from ‘use’ to end and insert ‘underground gas

storage facilities in England,


and the condition in subsection (3A) is met in relation to the facilities.’.

John Healey

Agreed to  118

Clause  16,  page  8,  line  37,  leave out from ‘use’ to end of line 38 and insert

‘underground gas storage facilities in Wales,

(aa)
the facilities are facilities for the storage of gas underground in natural

porous strata,’.

John Healey

Agreed to  119

Clause  16,  page  8,  line  39,  after ‘transporter’ insert ‘, and

(c)
the condition in subsection (3A) is met in relation to the facilities.’.

John Healey

Agreed to  120

Clause  16,  page  8,  line  39,  at end insert—

‘(3A)
The condition is that—

(a)
the working capacity of the facilities is expected to be at least 43 million

standard cubic metres, or

(b)
the maximum flow rate of the facilities is expected to be at least 4.5

million standard cubic metres per day.

(3B)
Development is within this subsection if—

(a)
it is the carrying out of operations for the purpose of altering underground

gas storage facilities in England, and

(b)
the effect of the alteration is expected to be—

(i)
to increase by at least 43 million standard cubic metres the

working capacity of the facilities, or

(ii)
to increase by at least 4.5 million standard cubic metres per day

the maximum flow rate of the facilities.

(3C)
“Underground gas storage facilities” means facilities for the storage of gas

underground in cavities or in porous strata.

(3D)
In this section—

Public Bill Committee Proceedings: 22nd January 2008
27

Planning Bill, continued

“gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (see

section 7(1) of that Act);

“maximum flow rate”, in relation to underground gas storage facilities,

means the maximum rate at which gas is able to flow out of the facilities,

on the assumption that—

(a)
the facilities are filled to maximum capacity, and

(b)
the rate is measured after any processing of gas required on its

recovery from storage;

“working capacity”, in relation to underground gas storage facilities, means

the capacity of the facilities for storage of gas underground, ignoring any

capacity for storage of cushion gas.

(3E)
In subsection (3D) “cushion gas” means gas which is kept in underground gas

storage facilities for the purpose of enabling other gas stored there to be recovered

from storage.’.

John Healey

Agreed to  121

Clause  16,  page  8,  line  40,  leave out subsection (4).

Clause, as amended, Agreed to.

John Healey

Agreed to  122

Clause  17,  page  9,  line  2,  leave out ‘the pipe-line is or (when constructed) will’ and

insert ‘(when constructed) the pipe-line is expected to’.

John Healey

Agreed to  123

Clause  17,  page  9,  line  24,  leave out subsection (5) and insert—

‘(5)
For the purposes of subsection (4), a pipe-line is a nationally significant pipe-line

if—

(a)
development consent is required, and has been granted, for its

construction, or

(b)
its construction has been authorised by a pipe-line construction

authorisation under section 1(1) of the Pipe-lines Act 1962.’.

Clause, as amended, Agreed to.

Mr Clive Betts

Not called  87

Clause  18,  page  9,  leave out line 43.

John Healey

Not selected  281

Page  9,  line  35,  leave out Clause 18.

Public Bill Committee Proceedings: 22nd January 2008
28

Planning Bill, continued

Clause Disagreed to.

John Healey

Agreed to  125

Clause  19,  page  10,  line  8,  leave out from ‘England’ to end of line 20 and insert ‘or

in English waters, and

(b)
is expected to be capable of providing services which meet the

requirements of subsection (2).

(2)
Services meet the requirements of this subsection if they are—

(a)
air passenger transport services for at least 10 million passengers per

year, or

(b)
air cargo transport services for at least 10,000 air transport movements of

cargo aircraft per year.

(3)
An alteration of an airport is within section 13(1)(f) only if—

(a)
the airport is in England or in English waters, and

(b)
the alteration is expected to have the effect specified in subsection (4).

(4)
The effect is—

(a)
to increase by at least 10 million per year the number of passengers for

whom the airport is capable of providing air passenger transport services,

or

(b)
to increase by at least 10,000 per year the number of air transport

movements of cargo aircraft for which the airport is capable of providing

air cargo transport services.

(5)
“Alteration”, in relation to an airport, includes the construction, extension or

alteration of—

(a)
a runway at the airport,

(b)
a building at the airport, or

(c)
a radar or radio mast, antenna or other apparatus at the airport.

(6)
In this section—

“air cargo transport services” means services for the carriage by air of cargo;

“air passenger transport services” means services for the carriage by air of

passengers;

“air transport movement” means a landing or take-off of an aircraft;

“cargo” includes mail;

“cargo aircraft” means an aircraft which is—

(c)
designed to transport cargo but not passengers, and

(d)
engaged in the transport of cargo on commercial terms;

“English waters” means waters adjacent to England up to the seaward limits

of the territorial sea.’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 22nd January 2008
29

Planning Bill, continued

John Healey

James Duddridge

Agreed to  126

Clause  20,  page  10,  line  22,  leave out ‘or extension’.

John Healey

Agreed to  127

Clause  20,  page  10,  line  23,  leave out ‘the harbour facilities will (when constructed

or extended)’ and insert ‘(when constructed) the harbour facilities—

‘(a)
will be in England or Wales or in waters adjacent to England or Wales up

to the seaward limits of the territorial sea, and

(b)
are expected to’.

James Duddridge

Not called  79

Clause  20,  page  10,  line  23,  leave out ‘or extended’.

John Healey

Agreed to  128

Clause  20,  page  10,  line  25,  at end insert—

‘(1A)
The alteration of harbour facilities is within section 13(1)(g) only if—

(a)
the harbour facilities are in England or Wales or in waters adjacent to

England or Wales up to the seaward limits of the territorial sea, and

(b)
the effect of the alteration is expected to be to increase by at least the

relevant quantity per year the quantity of material the embarkation or

disembarkation of which the facilities are capable of handling.’.

James Duddridge

Not called  80

Clause  20,  page  10,  line  25,  at end insert—

‘(1A)
The extension of harbour facilities is within section 13(1)(g) only if the harbour

facilities will (when extended) be capable of handling the embarkation or

disembarkation of at least the relevant quantity of material per year in addition to

their existing capacity.’.

James Duddridge

Not called  81

Clause  20,  page  10,  line  27,  leave out ‘500,000’ and insert ‘250,000’.

James Duddridge

Not called  82

Clause  20,  page  10,  line  28,  leave out ‘250,000’ and insert ‘150,000’.

John Healey

Agreed to  129

Clause  20,  page  10,  line  30,  at end insert—

‘(d)
in the case of facilities for more than one of the types of ships mentioned

in paragraphs (a) to (c), an equivalent quantity of material.

(2A)
For the purposes of subsection (2)(d), facilities are capable of handling an

equivalent quantity of material if the sum of the relevant fractions is one or more.

(2B)
The relevant fractions are—

(a)    to the extent that the facilities are for container ships—
                x
          ^________
          500, 000