House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 22nd January 2008
30

Planning Bill, continued


where x is the number of TEU that the facilities are capable of handling;

(b)    to the extent that the facilities are for ro-ro ships—
                y
          ^________
          250, 000
where y is the number of units that the facilities are capable of handling;

(c)    to the extent that the facilities are for cargo ships of any other description—
                z
          ^________
          5, 000, 000
where z is the number of tonnes of material that the facilities are capable

of handling.’.

Clause, as amended, Agreed to.

Dan Rogerson

Tom Brake

Withdrawn  162

Clause  21,  page  11,  line  3,  at end add ‘but excludes tramways, and guided transport

as defined under subsections 81(2)(b) and 81(2)(c) of the Railways Act 1993’.

Clause Agreed to.

John Healey

Agreed to  130

Clause  22,  page  11,  line  6,  leave out ‘will’ and insert ‘is expected to’.

John Healey

Agreed to  131

Clause  22,  page  11,  line  7,  at end insert—

‘(1A)
The alteration of a rail freight interchange is within section 13(1)(i) only if—

Public Bill Committee Proceedings: 22nd January 2008
31

Planning Bill, continued

(a)
following the alteration, each of the conditions in subsections (2)(a) and

(3) to (6) is expected to be met in relation to it, and

(b)
the alteration is expected to have the effect specified in subsection (6A).’.

John Healey

Agreed to  132

Clause  22,  page  11,  line  19,  at end insert—

‘(6A)
The effect referred to in subsection (1A)(b) is to increase by at least 60 hectares

the area of the land on which the rail freight interchange is situated.’.

Clause, as amended, Agreed to.

John Healey

Agreed to  133

Clause  23,  page  11,  line  38,  leave out ‘exceeds’ and insert ‘is expected to exceed’.

John Healey

Agreed to  134

Clause  23,  page  11,  line  39,  leave out ‘extension’ and insert ‘alteration’.

John Healey

Agreed to  135

Clause  23,  page  11,  line  41,  leave out ‘extension’ and insert ‘alteration’.

John Healey

Agreed to  136

Clause  23,  page  12,  line  2,  leave out ‘extension’ and insert ‘alteration’.

John Healey

Agreed to  137

Clause  23,  page  12,  line  2,  leave out ‘exceeds’ and insert ‘is expected to exceed’.

Clause, as amended, Agreed to.

John Healey

Agreed to  138

Clause  24,  page  12,  line  12,  leave out ‘exceeds’ and insert ‘is expected to exceed’.

Clause, as amended, Agreed to.

John Healey

Agreed to  139

Clause  25,  page  12,  line  30,  leave out ‘will’ and insert ‘is expected to’.

Public Bill Committee Proceedings: 22nd January 2008
32

Planning Bill, continued

John Healey

Agreed to  140

Clause  25,  page  12,  line  30,  at end insert—

‘(1A)
The alteration of a waste water treatment plant is within section 13(1)(l) only if—

(a)
the treatment plant is in England, and

(b)
the effect of the alteration is expected to be to increase by more than a

population equivalent of 150,000 the capacity of the plant.’.

Clause, as amended, Agreed to.

John Healey

Agreed to  141

Clause  26,  page  13,  line  6,  leave out from ‘the’ to end of line 9 and insert ‘main

purpose of the facility is expected to be the final disposal or recovery of hazardous waste,

and

(c)
the facility is expected to have the capacity specified in subsection (1A).

(1A)
The capacity is—’.

John Healey

Agreed to  142

Clause  26,  page  13,  line  12,  at end insert—

‘(3A)
The alteration of a hazardous waste facility is within section 13(1)(m) only if—

(a)
the facility is in England,

(b)
the main purpose of the facility is the final disposal or recovery of

hazardous waste, and

(c)
the alteration is expected to have the effect specified in subsection (3B).

(3B)
The effect is—

(a)
in the case of the disposal of hazardous waste by landfill or in a deep

storage facility, to increase by more than 100,000 tonnes per year the

capacity of the facility;

(b)
in any other case, to increase by more than 30,000 tonnes per year the

capacity of the facility.’.

Dan Rogerson

Tom Brake

Not selected  163

Page  13,  line  2,  leave out Clause 26.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 22nd January 2008
33

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Withdrawn  255

Clause  27,  page  13,  line  24,  leave out ‘is required’ and insert ‘may be applied for’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not selected  416

Clause  27,  page  13,  line  25,  leave out ‘or forms part of’.

John Healey

Agreed to  340

Clause  27,  page  13,  line  27,  leave out subsection (2).

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  256

Clause  27,  page  13,  line  30,  leave out ‘is required’ and insert ‘may be applied for’.

Mrs Jacqui Lait

Robert Neill

Not called  9

Clause  27,  page  13,  line  32,  leave out ‘Commission’ and insert ‘High Court’.

Dan Rogerson

Tom Brake

Not called  164

Clause  27,  page  13,  line  32,  leave out ‘Commission’ and insert ‘Secretary of State

on the advice of the Commission.

‘(3)
The Secretary of State must take a decision under subsection (2) within 28 days

of receiving the Commission’s advice.

(4)
Nothing in this section shall compel the Secretary of State to comply with the

Commission’s advice.’.

Clause, as amended, Agreed to.

John Healey

Agreed to  143

Clause  28,  page  14,  line  1,  after ‘use’ insert ‘a cavity or’.

Public Bill Committee Proceedings: 22nd January 2008
34

Planning Bill, continued

John Healey

Agreed to  144

Clause  28,  page  14,  line  2,  after second ‘the’ insert ‘cavity or’.

Clause, as amended, Agreed to.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  257

Clause  29,  page  14,  line  30,  leave out ‘required’ and insert ‘obtained’.

John Healey

Agreed to  341

Clause  29,  page  14,  leave out lines 34 to 37.

John Healey

Agreed to  342

Clause  29,  page  14,  leave out lines 47 and 48.

John Healey

Agreed to  343

Clause  29,  page  15,  line  4,  at end insert—

‘(ja)
to the extent that the development relates to land in England, consent

under section 2(3) or 3 of the Ancient Monuments and Archaeological

Areas Act 1979;

(jb)
to the extent that the development relates to land in England, notice under

section 35 of the Ancient Monuments and Archaeological Areas Act

1979;’.

John Healey

Agreed to  344

Clause  29,  page  15,  line  7,  at end insert—

‘(l)
to the extent that the development relates to land in England, consent

under section 8(1), (2) or (3) of the Listed Buildings Act;

(m)
to the extent that the development relates to land in England, consent

under section 74(1) of the Listed Buildings Act.’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  258

Clause  29,  page  15,  line  8,  leave out ‘required’ and insert ‘obtained’.

Public Bill Committee Proceedings: 22nd January 2008
35

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  259

Clause  29,  page  15,  line  9,  leave out ‘may’ and insert ‘is required to’.

John Healey

Agreed to  345

Clause  29,  page  15,  leave out line 14.

John Healey

Agreed to  346

Clause  29,  page  15,  line  16,  at end insert—

‘(2A)
Subsection (2) is subject to section [Welsh offshore generating stations].’.

Clause, as amended, Agreed to.

John Healey

Agreed to  347

Clause  30,  page  15,  line  41,  after ‘one’ insert ‘or more’.

John Healey

Agreed to  145

Clause  30,  page  15,  line  42,  leave out ‘mentioned in section 13(5)’ and insert

‘specified in subsection (1A)’.

Dan Rogerson

Tom Brake

Withdrawn  165

Clause  30,  page  15,  line  42,  at end insert ‘and’.

John Healey

Agreed to  146

Clause  30,  page  15,  line  43,  leave out ‘England’ and insert ‘one or more of the

areas specified in subsection (1B)’.

Dan Rogerson

Tom Brake

Not called  239

Clause  30,  page  15,  line  43,  leave out from ‘England’ to end of line 44.

Public Bill Committee Proceedings: 22nd January 2008
36

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  260

Clause  30,  page  15,  line  44,  leave out ‘project’ and insert ‘development’.

John Healey

Agreed to  147

Clause  30,  page  15,  line  44,  at end insert—

‘(1A)
The fields are—

(a)
energy;

(b)
transport;

(c)
water;

(d)
waste water;

(e)
waste.

(1B)
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.’.

John Healey

Agreed to  348

Clause  30,  page  15,  line  45,  leave out subsection (2) and insert—

‘(2)
The Secretary of State may direct—

(a)
the application to be treated as an application for an order granting

development consent, and

(b)
the development to which the application relates to be treated as

development for which development consent is required,


for specified purposes or generally.

(2A)
A direction under subsection (2) may provide for specified provisions of or made

under this or any other Act—

(a)
to have effect in relation to the application with any specified

modifications, or

(b)
to be treated as having been complied with in relation to the application.

(2B)
If the Secretary of State gives a direction under subsection (2), the relevant

authority must refer the application to the Commission instead of dealing with it

themselves.’.

Dan Rogerson

Tom Brake

Withdrawn  166

Clause  30,  page  16,  line  7,  leave out from ‘application’ to end of line 8 and insert

‘for a period of up to three months’.

John Healey

Agreed to  349

Clause  30,  page  16,  line  11,  after ‘decide’ insert—