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: 29th January 2008
77

Planning Bill, continued

“165A
Power of Secretary of State to acquire land identified in national

policy statements where blight notice served

Where a blight notice has been served in respect of land falling within

paragraph 25 of Schedule 13, the Secretary of State has power to acquire

compulsorily any interest in the land in pursuance of the blight notice

served by virtue of that paragraph.”

John Healey

Agreed to  446

Clause  144,  page  67,  line  34,  at end insert—

‘(3A)
In section 170 (“appropriate enactment” for purposes of Chapter 2) after

subsection (8) insert—

“(8A)
In relation to land falling within paragraph 24(a) or (b) of that Schedule,

“the appropriate enactment” is the enactment which, by virtue of the

order granting development consent, provides or is treated as providing

for the compulsory acquisition of the land.

(8B)
In relation to land falling within paragraph 24(c) of that Schedule, “the

appropriate enactment” is the enactment which, if the order applied for

were made, would provide or be treated as providing for the compulsory

acquisition of the land.

(8C)
In relation to land falling within paragraph 25 of that Schedule, “the

appropriate enactment” is section 165A.”’.

Clause, as amended, Agreed to.

Clause 145 Agreed to.

Dan Rogerson

Tom Brake

Withdrawn  571

Clause  146,  page  69,  line  18,  leave out paragraph (a).

Dan Rogerson

Tom Brake

Not called  572

Clause  146,  page  69,  line  40,  leave out paragraph (c).

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Withdrawn  427

Clause  146,  page  70,  line  13,  at end insert—

‘(6A)
After section 37 insert—

Public Bill Committee Proceedings: 29th January 2008
78

Planning Bill, continued

“37A
Primacy of national policy statements

National policy statements shall take precedence of all other planning

documents or planning guidance.”’.

Clause Agreed to.

Clauses 147 to 149 Agreed to.

John Healey

Agreed to  447

Clause  150,  page  72,  line  16,  leave out ‘under subsection (1)(a)’ and insert ‘by

them under this section’.

John Healey

Agreed to  448

Clause  150,  page  72,  line  19,  leave out ‘subsection (1)(a)’ and insert ‘this section’.

John Healey

Agreed to  449

Clause  150,  page  72,  line  25,  leave out ‘subsection (1)(a)’ and insert ‘this section’.

John Healey

Agreed to  450

Clause  150,  page  72,  line  44,  leave out ‘subsection (1)(a) of’.

John Healey

Agreed to  451

Clause  150,  page  73,  line  20,  after ‘application’ insert—

‘(a)
’.

John Healey

Agreed to  452

Clause  150,  page  73,  line  22,  at end insert—

‘(b)
by a local planning authority, or a committee or sub-committee of such

an authority, acting by virtue of section 75A(6).’.

John Healey

Agreed to  453

Clause  150,  page  73,  leave out from ‘particular’ in line 23 to end of line 30 and insert—

‘(a)
disapply or modify any provision of, or made under, this Part in relation

to such an application;

(b)
impose requirements on the officer, authority, committee or sub-

committee determining such an application.’.

Public Bill Committee Proceedings: 29th January 2008
79

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Withdrawn  422

Clause  150,  page  73,  line  31,  leave out from beginning to end of line 15 on page 74.

Dan Rogerson

Tom Brake

Not called  407

Clause  150,  page  74,  line  10,  at end insert—

‘(h)
about the fee to be payable to the local planning authority.’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not called  428

Clause  150,  page  74,  line  15,  at end insert—

‘(7)
A local planning authority may arrange for the discharge of their functions under

this section by a panel of elected members drawn from other local planning

authorities.’.

John Healey

Agreed to  454

Clause  150,  page  74,  leave out from ‘particular’ in line 44 to end of line 46 and insert—

‘(a)
disapply or modify any provision of, or made under, this Part in relation

to such an application;

(b)
impose requirements on the local planning authority determining such an

application.’.

John Healey

Agreed to  455

Clause  150,  page  75,  line  12,  leave out from ‘if’ to end of line 16 and insert ‘—

(a)
the local planning authority—

(i)
have been required under section 75C to review the case, and

(ii)
have failed to complete their review by the end of the period

prescribed by regulations made by virtue of section 75C(4)(f), or

(b)
the local planning authority have been required under section 75D to

determine the application.’.

John Healey

Agreed to  456

Clause  150,  page  75,  line  18,  leave out ‘such an appeal’ and insert ‘an appeal under

section 78(1) brought by virtue of subsection (2)(a)’.

Public Bill Committee Proceedings: 29th January 2008
80

Planning Bill, continued

Clause, as amended, Agreed to.

John Healey

Agreed to  457

Clause  151,  page  76,  line  2,  leave out ‘under subsection (1)(a)’ and insert ‘by them

under this section’.

John Healey

Agreed to  458

Clause  151,  page  76,  line  5,  leave out ‘subsection (1)(a)’ and insert ‘this section’.

John Healey

Agreed to  459

Clause  151,  page  76,  line  11,  leave out ‘subsection (1)(a)’ and insert ‘this section’.

John Healey

Agreed to  460

Clause  151,  page  76,  line  30,  leave out ‘subsection (1)(a) of’.

John Healey

Agreed to  461

Clause  151,  page  76,  line  34,  at end insert—

‘(a)
’.

John Healey

Agreed to  462

Clause  151,  page  76,  line  36,  at end insert—

‘(b)
by a local planning authority, or a committee or sub-committee of such

an authority, acting by virtue of section 193A(6).’.

John Healey

Agreed to  463

Clause  151,  page  76,  leave out from ‘particular’ in line 37 to end of line 44 and insert—

‘(a)
disapply or modify any provision of, or made under, sections 191 to 193

in relation to such an application;

(b)
impose requirements on the officer, authority, committee or sub-

committee determining such an application.’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not called  423

Clause  151,  page  76,  line  45,  leave out from beginning to end of line 27 on page 77.

Public Bill Committee Proceedings: 29th January 2008
81

Planning Bill, continued

John Healey

Agreed to  464

Clause  151,  page  77,  leave out lines 19 to 23 and insert—

‘(5)
Subsections (5A) and (5B) apply where a local planning authority has reviewed

a case under this section.

(5A)
If and so far as the local planning authority is satisfied that the officer’s refusal is

well-founded, the authority must uphold the decision under review.

(5B)
If and so far as the local planning authority is satisfied that the officer’s refusal is

not well-founded, the authority must—

(a)
grant the applicant a certificate under section 191 or, as the case may be,

192, or

(b)
in the case of a refusal in part, modify the certificate granted by the

officer.’.

John Healey

Agreed to  465

Clause  151,  page  78,  leave out from ‘particular’ in line 4 to end of line 6 and insert—

‘(a)
disapply or modify any provision of, or made under, sections 191 to 193

in relation to such an application;

(b)
impose requirements on the local planning authority determining such an

application.’.

John Healey

Agreed to  466

Clause  151,  page  78,  line  23,  leave out from ‘if’ to end of line 27 and insert ‘—

(a)
the local planning authority—

(i)
have been required under section 193C to review the case, and

(ii)
have failed to complete their review by the end of the period

prescribed by regulations made by virtue of section 193C(4)(e),

or

(b)
the local planning authority have been required under section 193D to

determine the application.’.

Clause, as amended, Agreed to.

Clause 152 Agreed to.

John Healey

Agreed to  467

Clause  153,  page  79,  line  38,  leave out ‘under subsection (1)(a)’ and insert ‘by

them under this section’.

John Healey

Agreed to  468

Clause  153,  page  79,  line  41,  leave out ‘subsection (1)(a)’ and insert ‘this section’.

John Healey

Agreed to  469

Clause  153,  page  80,  line  4,  leave out ‘subsection (1)(a)’ and insert ‘this section’.

Public Bill Committee Proceedings: 29th January 2008
82

Planning Bill, continued

John Healey

Agreed to  470

Clause  153,  page  80,  line  23,  leave out ‘subsection (1)(a) of’.

John Healey

Agreed to  471

Clause  153,  page  80,  line  39,  after ‘application’ insert—

‘(a)
’.

John Healey

Agreed to  472

Clause  153,  page  80,  line  41,  at end insert—

‘(b)
by a local planning authority, or a committee or sub-committee of such

an authority, acting by virtue of section 19A(6).’.

John Healey

Agreed to  473

Clause  153,  page  80,  leave out from ‘particular’ in line 42 to end of line 2 on page 81

and insert—

‘(a)
disapply or modify any provision of, or made under, this Chapter in

relation to such an application;

(b)
impose requirements on the officer, authority, committee or sub-

committee determining such an application.’.

John Healey

Agreed to  474

Clause  153,  page  81,  line  23,  at end insert—

‘(da)
requiring a local planning authority reviewing a case to have special

regard to the matters specified in section 16(2);’.

John Healey

Agreed to  475

Clause  153,  page  82,  leave out from ‘particular’ in line 17 to end of line 19 and insert—

‘(a)
disapply or modify any provision of, or made under, this Chapter in

relation to such an application;

(b)
impose requirements on the local planning authority determining such an

application.’.

John Healey

Agreed to  476

Clause  153,  page  82,  line  32,  leave out from ‘if’ to end of line 35 and insert ‘—

(a)
the local planning authority—

(i)
have been required under section 19C to review the case, and

(ii)
have failed to complete their review by the end of the period

prescribed by regulations made by virtue of section 19C(4)(f), or

(b)
the local planning authority have been required under section 19D to

determine the application.’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 29th January 2008
83

Planning Bill, continued

Clause 154 Agreed to.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Withdrawn  415

Clause  155,  page  83,  line  20,  after second ‘development’, insert ‘within the

curtilage of a dwellinghouse’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  535

Clause  155,  page  83,  line  28,  at end add—

‘(3C)
This section shall not apply to permitted development rights under Part 5 of

Schedule 2 to the Town and Country Planning (General Permitted Development)

Order 1995.”.’.

Clause Agreed to.

John Healey

Agreed to  477

Clause  156,  page  83,  line  29,  at end insert—

‘(1)
TCPA 1990 is amended as follows.

(2)
’.

John Healey

Agreed to  478

Clause  156,  page  83,  line  30,  leave out ‘of TCPA 1990’.

Mrs Jacqui Lait

Robert Neill

Not called  30

Clause  156,  page  83,  line  33,  after ‘may’, insert ‘on the request of a person

interested in any of the land to which the permission relates’.

Mrs Jacqui Lait

Robert Neill

Not called  31

Clause  156,  page  83,  line  34,  leave out ‘relating to land in their area’ and insert ‘for

which they are the local planning authority’.