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
84

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Not called  32

Clause  156,  page  83,  line  34,  leave out ‘they are satisfied that’.

Mrs Jacqui Lait

Robert Neill

Not called  33

Clause  156,  page  83,  line  36,  leave out ‘a local planning authority must have’.

Mrs Jacqui Lait

Robert Neill

Not called  34

Clause  156,  page  83,  line  37,  after ‘regard’, insert ‘must be had’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not called  35

Clause  156,  page  83,  line  40,  leave out from beginning to end of line 1 on page 84.

John Healey

Agreed to  479

Clause  156,  page  84,  line  1,  at end add—

‘(4)
The power conferred by subsection (1) may be exercised only on an

application made by or on behalf of a person with an interest in the land

to which the planning permission relates.

(5)
An application under subsection (4) must be made in the form and

manner prescribed by development order.

(6)
A local planning authority must comply with such requirements as may

be prescribed by development order as to consultation and publicity in

relation to the exercise of the power conferred by subsection (1).

(3)
In section 5(3) (purposes for which Broads Authority is the sole local district

planning authority) for “97” substitute “96A”.

(4)
In section 69(1) (register of applications etc)—

(a)
after paragraph (a) insert—

“(aa)
applications for non-material changes to planning

permission under section 96A;”,

(b)
in subsection (2)(a) after “(1)(a)” insert “and (aa)”, and

(c)
in subsection (4) after “(1)(a)” insert “, (aa)”.

(5)
In section 286(1) (challenges to validity on ground of authority’s powers) after

paragraph (a) insert—

“(aa)
an application for non-material changes to planning permission

under section 96A;”.

(6)
In Schedule 1 (local planning authorities: distribution of functions), in paragraph

3(1), after paragraph (a) insert—

“(aa)
applications for non-material changes to planning permission

under section 96A;”.’.

Public Bill Committee Proceedings: 29th January 2008
85

Planning Bill, continued

Clause, as amended, Agreed to.

Alun Michael

Withdrawn  439

Clause  157,  page  87,  line  24,  at end insert—

‘(7A)
In section 210 (penalties for non-compliance with tree preservation order)—

(a)
for subsection (1) substitute—

“(1)
If any person contravenes tree preservation regulations, he shall

be guilty of an offence.

(1A)
In proceedings for an offence under this section, it shall be a

defence to prove the following matters—

(a)
that works to the tree were urgently necessary in the

interests of safety or health or for the preservation of the

tree;

(b)
that it was not practicable to secure safety or health or,

as the case may be, the preservation of the tree by other

means;

(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 the works was given to the local planning authority as

soon as reasonably practicable.”, and

(b)
omit subsection (4).’.

Clause Agreed to.

Alun Michael

Not called  440

Schedule  3,  page  121,  line  17,  leave out sub-sub-paragraph (a).

Alun Michael

Not called  441

Schedule  3,  page  121,  line  26,  at end insert ‘, and

(c)
in the side-note and the heading above the section for “in conservation

areas” substitute “not subject to tree preservation order”.’.

Alun Michael

Not called  442

Schedule  3,  page  121,  line  32,  leave out paragraph 10 and insert—

‘10
In section 213 (duty to plant replacement tree in conservation area)—

(a)
for the words from “at a time” to the end of the paragraph

substitute “at a prescribed time”, and

(b)
in the side-note, for the words after “controls”, substitute

“under section 211”.’.

Public Bill Committee Proceedings: 29th January 2008
86

Planning Bill, continued

Schedule Agreed to.

Clauses 158 and 159 Agreed to.

Schedule 4 Agreed to.

John Healey

Agreed to  480

Clause  160,  page  88,  line  8,  leave out ‘appeal’.

John Healey

Agreed to  481

Clause  160,  page  88,  line  9,  leave out ‘appeals’ and insert ‘proceedings’.

John Healey

Agreed to  482

Clause  160,  page  88,  line  11,  leave out ‘an appeal’ and insert ‘proceedings’.

John Healey

Agreed to  483

Clause  160,  page  88,  line  11,  leave out ‘is’ and insert ‘are’.

John Healey

Agreed to  484

Clause  160,  page  88,  line  12,  leave out ‘appeal’ and insert ‘proceedings’.

Dan Rogerson

Tom Brake

Withdrawn  585

Clause  160,  page  88,  line  17,  leave out paragraph (c).

John Healey

Agreed to  485

Clause  160,  page  88,  line  19,  leave out ‘an appeal’ and insert ‘proceedings’.

John Healey

Agreed to  486

Clause  160,  page  88,  line  20,  leave out from ‘period’ to end of line 21.

John Healey

Agreed to  487

Clause  160,  page  88,  line  23,  leave out ‘appeal is’ and insert ‘proceedings are’.

John Healey

Agreed to  488

Clause  160,  page  88,  line  25,  after ‘appellant’ insert ‘or applicant (as the case may

be)’.

Public Bill Committee Proceedings: 29th January 2008
87

Planning Bill, continued

John Healey

Agreed to  489

Clause  160,  page  88,  line  29,  at end insert—

‘(aa)
an application referred to the Secretary of State under section 77 instead

of being dealt with by a local planning authority in England;’.

John Healey

Agreed to  490

Clause  160,  page  88,  line  38,  leave out ‘an appeal if it is’ and insert ‘proceedings if

they are’.

John Healey

Agreed to  491

Clause  160,  page  88,  line  39,  leave out ‘an appeal’ and insert ‘proceedings’.

John Healey

Agreed to  492

Clause  160,  page  88,  line  40,  leave out ‘it’ and insert ‘the proceedings’.

John Healey

Agreed to  493

Clause  160,  page  88,  line  41,  at end insert—

‘(9)
The Secretary of State may by order amend subsection (7) to—

(a)
add proceedings to, or remove proceedings from, the list of

proceedings to which this section applies, or

(b)
otherwise modify the descriptions of proceedings to which this

section applies.

(10)
An order under subsection (9) may—

(a)
contain incidental, supplementary, consequential, transitional

and transitory provision and savings;

(b)
amend, repeal or revoke any provision made by or under this Act

or by or under any other Act.”’.

John Healey

Agreed to  494

Clause  160,  page  89,  line  2,  leave out ‘appeals’ and insert ‘proceedings’.

John Healey

Agreed to  495

Clause  160,  page  89,  line  4,  leave out ‘an appeal’ and insert ‘proceedings’.

John Healey

Agreed to  496

Clause  160,  page  89,  line  4,  leave out ‘is’ and insert ‘are’.

John Healey

Agreed to  497

Clause  160,  page  89,  line  5,  leave out ‘appeal’ and insert ‘proceedings’.

Public Bill Committee Proceedings: 29th January 2008
88

Planning Bill, continued

Dan Rogerson

Tom Brake

Not called  586

Clause  160,  page  89,  line  10,  leave out paragraph (c).

John Healey

Agreed to  498

Clause  160,  page  89,  line  12,  leave out ‘an appeal’ and insert ‘proceedings’.

John Healey

Agreed to  499

Clause  160,  page  89,  line  13,  leave out from ‘period’ to end of line 14.

John Healey

Agreed to  500

Clause  160,  page  89,  line  16,  leave out ‘appeal is’ and insert ‘proceedings are’.

John Healey

Agreed to  501

Clause  160,  page  89,  line  18,  after ‘appellant’, insert ‘or applicant (as the case may

be)’.

John Healey

Agreed to  502

Clause  160,  page  89,  line  22,  at end insert—

‘(aa)
an application referred to the Secretary of State under section 12 instead

of being dealt with by a local planning authority in England;’.

John Healey

Agreed to  503

Clause  160,  page  89,  line  27,  at end insert—

‘(8)
The Secretary of State may by order amend subsection (7) to—

(a)
add proceedings under this Act to, or remove proceedings under

this Act from, the list of proceedings to which this section

applies, or

(b)
otherwise modify the descriptions of proceedings under this Act

to which this section applies.

(9)
An order under subsection (8) may—

(a)
contain incidental, supplementary, consequential, transitional

and transitory provision and savings;

(b)
amend, repeal or revoke any provision made by or under this Act

or by or under any other Act.”’.

John Healey

Agreed to  504

Clause  160,  page  89,  line  29,  leave out ‘appeal’ and insert ‘certain proceedings’.

John Healey

Agreed to  505

Clause  160,  page  89,  line  31,  leave out from ‘which’ to ‘to’ in line 32 and insert

‘proceedings to which this section applies are’.

Public Bill Committee Proceedings: 29th January 2008
89

Planning Bill, continued

John Healey

Agreed to  506

Clause  160,  page  89,  line  33,  leave out ‘appeal’ and insert ‘proceedings’.

Dan Rogerson

Tom Brake

Not called  587

Clause  160,  page  89,  line  38,  leave out paragraph (c).

John Healey

Agreed to  507

Clause  160,  page  89,  line  40,  leave out ‘an appeal’ and insert ‘proceedings’.

John Healey

Agreed to  508

Clause  160,  page  89,  line  41,  leave out from ‘period’ to end of line 42.

John Healey

Agreed to  509

Clause  160,  page  90,  line  2,  leave out ‘appeal is’ and insert ‘proceedings are’.

John Healey

Agreed to  510

Clause  160,  page  90,  line  4,  after ‘appellant’ insert ‘or applicant (as the case may

be)’.

John Healey

Agreed to  511

Clause  160,  page  90,  line  7,  at end insert—

‘(7)
This section applies to—

(a)
an application referred to the Secretary of State under section 20

instead of being dealt with by a hazardous substances authority

in England;

(b)
an appeal under section 21 against a decision of a hazardous

substances authority in England.

(8)
The Secretary of State may by order amend subsection (7) to—

(a)
add proceedings under this Act to, or remove proceedings under

this Act from, the list of proceedings to which this section

applies, or

(b)
otherwise modify the descriptions of proceedings under this Act

to which this section applies.

(9)
An order under subsection (8) may—

(a)
contain incidental, supplementary, consequential, transitional

and transitory provision and savings;

(b)
amend, repeal or revoke any provision made by or under this Act

or by or under any other Act.

(10)
The power to make an order under subsection (8) is exercisable by

statutory instrument.

Public Bill Committee Proceedings: 29th January 2008
90

Planning Bill, continued

(11)
No order may be made under subsection (8) unless a draft of the

instrument containing the order has been laid before, and approved by

resolution of, each House of Parliament.’.

John Healey

Agreed to  512

Clause  160,  page  90,  line  8,  leave out ‘appeals’ and insert ‘proceedings’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Richard Benyon

James Duddridge

Mr David Curry

Not selected  36

Page  88,  line  6,  leave out Clause 160.

Clause, as amended, Agreed to.

John Healey

Agreed to  514

Schedule  5,  page  124,  line  38,  at end insert—

‘1A
In section 77 (reference of applications to Secretary of State) for subsection (6)

substitute—

“(6)
Subsection (5) does not apply to—

(a)
an application for planning permission referred to a Planning

Inquiry Commission under section 101; or

(b)
an application referred to the Secretary of State under this

section instead of being dealt with by a local planning

authority in England.”’.

John Healey

Agreed to  515

Schedule  5,  page  125,  line  36,  leave out ‘involving an appeal’.

John Healey

Agreed to  516

Schedule  5,  page  126,  line  11,  leave out ‘involving an appeal’.

John Healey

Agreed to  517

Schedule  5,  page  126,  line  12,  leave out ‘is’ and insert ‘are’.

John Healey

Agreed to  518

Schedule  5,  page  126,  line  18,  at end insert—

‘11A (1)
Amend section 333 (regulations and orders) as follows.

      (2)
In subsection (4) for “and 319” substitute “, 319 and 319A(9)”.

      (3)
After subsection (5) insert—