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: 24th January 2008
62

Planning Bill, continued

John Healey

Agreed to  381

Clause  89,  page  41,  line  35,  at end insert—

‘(3A)
In a case where the Examining authority is required to make a report to the

Secretary of State under section 66(2)(b) or 75(2)(b), the Examining authority is

under a duty to make its report by the end of the period of 3 months beginning

with the day after the deadline for completion of its examination of the

application.’.

Clause, as amended, Agreed to.

Clause 90 Agreed to.

Dan Rogerson

Not selected  320

Page  42,  line  8,  leave out Clause 91.

Clause Agreed to.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Withdrawn  278

Clause  92,  page  42,  line  17,  at end insert—

‘(aa)
the person has an interest in land to which the application relates,’.

Dan Rogerson

Not called  321

Clause  92,  page  42,  line  21,  leave out ‘or’.

Dan Rogerson

Not called  322

Clause  92,  page  42,  line  22,  at end insert—

‘(f)
the person is a relevant parish council,

(g)
the person is a relevant community council in Wales, or

(h)
the person is a relevant community council in Scotland.’.

John Healey

Agreed to  382

Clause  92,  page  42,  line  27,  leave out from beginning to end of line 32 and insert—

‘(4)
A representation is a relevant representation for the purposes of subsection (1) to

the extent that—

(a)
it is a representation about the application,

(b)
it is made to the Commission in the prescribed form and manner,

Public Bill Committee Proceedings: 24th January 2008
63

Planning Bill, continued

(c)
it is received by the Commission no later than the deadline that applies

under section 50 to the person making it,

(d)
it contains material of a prescribed description, and

(e)
it does not contain—’.

John Healey

Agreed to  383

Clause  92,  page  42,  line  36,  leave out ‘and’ and insert ‘or’.

John Healey

Agreed to  384

Clause  92,  page  42,  line  37,  after ‘is’ insert ‘vexatious or’.

John Healey

Agreed to  151

Clause  92,  page  43,  line  4,  leave out ‘district council’ and insert ‘county council, or

district council,’.

John Healey

Agreed to  152

Clause  92,  page  43,  leave out lines 5 and 6.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  279

Clause  92,  page  43,  line  9,  at end insert—

‘(ea)
a parish or town council in England, or a community council in Wales,’.

Clause, as amended, Agreed to.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  210

Clause  93,  page  43,  line  20,  leave out ‘66(2)’ and insert ‘66(1A) or (2)’.

Public Bill Committee Proceedings: 24th January 2008
64

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  211

Clause  93,  page  43,  line  22,  leave out ‘section 75(2)(b)’ and insert ‘sections

75(2)(b) or 77(1A)’.

Mr Clive Betts

Not called  396

Clause  93,  page  43,  leave out lines 26 to 29 and insert ‘means the Secretary of State.’.

Clause Agreed to.

Dan Rogerson

Tom Brake

Not called  56

Clause  94,  page  43,  line  37,  at end insert—

‘(d)
the desirability of contributing to the mitigation of, and adaptation to,

climate change.’.

Mr Elfyn Llwyd

Not called  59

Clause  94,  page  43,  line  37,  at end insert—

‘(ba)
whether the development is consistent with the principles of sustainable

development,’.

Mr Elfyn Llwyd

Not called  64

Clause  94,  page  43,  line  37,  at end insert—

‘(ba)
its duty to act in accordance with the principle of sustainable

development,’.

Mr Elfyn Llwyd

Not moved  65

Clause  94,  page  43,  line  37,  at end insert—

‘(ba)
local authority planning policy statements,’.

Mr Elfyn Llwyd

Not called  66

Clause  94,  page  43,  line  37,  at end insert—

‘(ba)
any representations made by the Environment Agency,’.

Mr Elfyn Llwyd

Not called  67

Clause  94,  page  43,  line  37,  at end insert—

‘(ba)
any representations made by the Countryside Council for Wales,’.

Public Bill Committee Proceedings: 24th January 2008
65

Planning Bill, continued

Mr Elfyn Llwyd

Not called  68

Clause  94,  page  43,  line  37,  at end insert—

‘(ba)
any representations made by Natural England,’.

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Withdrawn  330

Clause  94,  page  43,  line  37,  at end insert—

‘(ba)
any relevant content of a national planning framework or national spatial

strategy prepared for Scotland, Wales or Northern Ireland, where the

subject matter of the application or order will affect land in Scotland,

Wales or Northern Ireland,

(bb)
any relevant content of planning policy statements prepared to support

decision-making under the Planning Acts,

(bc)
any relevant content of the development plan made under the Planning

Acts,

(bd)
any statement of impacts and mitigation prepared under section (Duty to

identify and mitigate adverse impacts),’.

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  331

Clause  94,  page  43,  line  39,  leave out from ‘other’ to end of line 40 and insert

‘material considerations’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not called  414

Clause  94,  page  43,  line  40,  at end insert ‘including other statements of policy

which the Panel or Council thinks are relevant even if they have not been designated as a

national policy statement under section 5 of this Act.’.

Dan Rogerson

Not called  323

Clause  94,  page  43,  line  40,  at end insert—

‘(d)
whether the proposal is consistent with the principles set out in the local

authority’s local development documents (as defined under section 17 of

the Planning and Compulsory Purchase Act 2004, (c. 5)),

Public Bill Committee Proceedings: 24th January 2008
66

Planning Bill, continued

(e)
the likely impact of the proposal on communities within the relevant local

authority area,

(f)
whether the proposal meets with the approval of persons residing in the

relevant local authority area,

(g)
any other matter which the relevant planning authority considers

appropriate.

(2A)
A local authority area is relevant under subsection (2) if any location specified in

the application is situated in the local authority area, or is in a geographically

adjacent local authority area.’.

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not called  332

Clause  94,  page  43,  line  40,  at end insert—

‘(2A)
The Secretary of State may by order prescribe that a consideration is not material

for the purpose of decisions made on a particular application or order or on a

classs of applications or orders.’.

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not called  333

Clause  94,  page  43,  line  41,  after ‘application’, insert ‘generally’.

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not called  334

Clause  94,  page  44,  line  2,  after ‘application’, insert ‘generally’.

Public Bill Committee Proceedings: 24th January 2008
67

Planning Bill, continued

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not called  335

Clause  94,  page  44,  line  6,  after ‘application’, insert ‘generally’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not called  426

Clause  94,  page  44,  line  8,  at end insert—

‘(5A)
This subsection applies if the panel or Council is satisfied that deciding the

application in accordance with any relevant national policy statement would be

inconsistent with the protection accorded to any site under any enactment or

directive.’.

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not called  336

Clause  94,  page  44,  line  10,  after ‘application’, insert ‘generally’.

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not called  337

Clause  94,  page  44,  line  11,  at end insert—

‘(6A)
This subsection applies if the Panel or Council is satisfied that deciding the

application generally in accordance with any relevant national policy statement

would lead to unduly adverse impacts, where the Panel or Council is satisfied that

these impacts have not been reasonably and sufficiently managed.’.

Clause Agreed to.

Public Bill Committee Proceedings: 24th January 2008
68

Planning Bill, continued

Mr Clive Betts

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not called  338

Clause  95,  page  44,  line  22,  after ‘relates’, insert—

‘(aa)
any relevant content of a national planning framework or national spatial

strategy prepared for Scotland, Wales or Northern Ireland, (where the

subject matter of the application or order will affect land in Scotland,

Wales or Northern Ireland),

(ab)
any relevant content of planning policy statements prepared to support

decision making under the Planning Acts,

(ac)
any relevant content of the development plan made under the Planning

Acts,

(ad)
any statement of impacts and mitigation prepared under section (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  339

Clause  95,  page  44,  line  23,  leave out from ‘other’ to end of line 24 and add

‘material considerations’.

Clause Agreed to.

Dan Rogerson

Tom Brake

Not called  397

Clause  96,  page  44,  line  29,  leave out paragraph (a).

John Healey

Agreed to  385

Clause  96,  page  44,  line  29,  after ‘are’ insert ‘vexatious or’.

Clause, as amended, Agreed to.