2765

House of Commons

Wednesday 25th June 2008

Consideration of Bill

Planning Bill, As Amended

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Note

The Amendments have been arranged in accordance with the Planning Bill

(Programme) (No. 3) Motion to be proposed by Secretary Hazel Blears.

new clauses, and amendments to clauses, relating to functions of the

infrastructure planning commission or the secretary of state in

relation to applications for orders granting development consent

Intervention: defence and national security

Secretary Hazel Blears

NC11

To move the following Clause:—

‘Section 103 applies by virtue of this section if—

(a)	an application is made for an order granting development consent,

(b)	the Commission has accepted the application and has received a

certificate under section 55(2) in relation to the application, and

(c)	the Secretary of State is satisfied that intervention by the Secretary of

State would be in the interests of defence or national security.’.

Effect of intervention

Secretary Hazel Blears

NC12

To move the following Clause:—

‘(1)	This section applies if the Secretary of State gives a direction under section

103(1) in relation to an application.

(2)	The Secretary of State has the functions of—

Consideration of Bill: 25th June 2008

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Planning Bill, continued

(a)	examining the application, and

(b)	deciding the application.

(3)	The Secretary of State may discharge the function of examining the application

by—

(a)	directing the Commission to examine such matters as may be specified

by the Secretary of State;

(b)	conducting an examination of any matters in relation to which a direction

under paragraph (a) is not given.

(4)	Schedule [Examination of applications by Secretary of State] makes provision in

relation to the Secretary of State’s function of examining an application under this

section.

(5)	An examination under subsection (3)(a) is to be conducted in accordance with

paragraph 1 of Schedule [Examination of applications by Secretary of State].

(6)	An examination under subsection (3)(b) is to be conducted in accordance with

paragraph 2 of Schedule [Examination of applications by Secretary of State].

(7)	Rules under paragraph 3 of Schedule [Examination of applications by Secretary

of State] must provide for a deadline for the completion by the Secretary of State

of—

(a)	the examination of the application under subsection (2)(a);

(b)	the examination of any matters under subsection (3)(b).

(8)	The Secretary of State’s examination of the application is a statutory inquiry for

the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007

(functions etc. of Administrative Justice and Tribunals Council).

(9)	Subsection (5) of section 250 of the Local Government Act 1972 (provisions

about costs applying where Minister causes a local inquiry to be held) applies in

relation to the Secretary of State’s examination of the application as it applies in

relation to an inquiry under that section, but with references to the Minister

causing the inquiry to be held being read as references to the Secretary of State.

This is subject to subsection (10).

(10)	Subsections (6) to (8) of section 210 of the Local Government (Scotland) Act

1973 (provisions about expenses applying where Minister causes a local inquiry

to be held) apply in relation to the Secretary of State’s examination of the

application in so far as relating to a hearing held in Scotland as they apply in

relation to an inquiry under that section, but with references to the Minister

causing the inquiry to be held being read as references to the Secretary of State.

(11)	In subsection (10) “hearing” means—

(a)	any meeting or hearing that the Secretary of State causes to be held for

the purposes of the Secretary of State’s examination of the application, or

(b)	a site visit.’.

Development for which development consent may be granted

Secretary Hazel Blears

NC13

To move the following Clause:—

‘(1)	Development consent may be granted for development which is—

(a)	development for which development consent is required, or

(b)	associated development.

Consideration of Bill: 25th June 2008

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Planning Bill, continued

(2)	“Associated development” means development which—

(a)	is associated with the development within subsection (1)(a) (or any part

of it),

(b)	is not the construction or extension of one or more dwellings, and

(c)	is within subsection (3) or (3).

(3)	Development is within this subsection if it is to be carried out wholly in one or

more of the following areas—

(a)

England;

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

(c)	in the case of development 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.

(4)	Development is within this subsection if—

(a)	it is to be carried out wholly in Wales,

(b)	it is the carrying out or construction of surface works, boreholes or pipes,

and

(c)	the development within subsection (1)(a)with which it is associated is

development within section 16(3).

(5)	To the extent that development consent is granted for associated development,

section 31 applies to the development as it applies to development for which

development consent is required.

(6)	In deciding whether development is associated development, a Panel or the

Council must have regard to any guidance issued by the Secretary of State.’.

Independent third party oversight of consultation

Dan Rogerson

Tom Brake

NC7

To move the following Clause:—

‘(1)	The provisions of this section apply to Chapter 2 of Part 5 of this Act.

(2)	The Commission shall appoint for each applicant an independent third party (“the

third party”) to oversee the pre-application procedure.

(3)	The third party shall advise the applicant as to the appropriate form of

consultation to be set out in the applicant’s statement under section 45(1) of this

Act.

(4)	The applicant shall have regard to advice given by the third party under

subsection (3).

(5)	The third party may undertake to carry out any such consultation under section

45(7) of this Act, on behalf of the applicant, as the third party considers

appropriate.

(6)	The Secretary of State shall agree arrangements to meet the cost of consultation

undertaken by the third party under subsection (5).

(7)	The Commission may make arrangements on behalf of the Secretary of State

under subsection (6).

(8)	Costs agreed under subsection (6) may be met by—

(a)	the applicant,

Consideration of Bill: 25th June 2008

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Planning Bill, continued

(b)	the Commission, or

(c)	the Secretary of State.

(9)	Subsection (7) shall not apply where costs are to be met by the Secretary of State

under subsection (8)(c), except where the Secretary of State has indicated

otherwise.’.

Legal challenges relating to nuisance etc.

Mr Clive Betts

NC39

To move the following Clause:—

‘No proceedings, whether criminal or civil, in nuisance and no civil proceedings

in respect of the escape of things from land, other than proceedings for breach of

statutory duty, may be brought in relation to development, works or operations

authorised by an order granting development consent.’.

Notice of persons interested in land to which compulsory acquisition request relates

Mr Clive Betts

NC40

To move the following Clause:—

‘(1)	This section applies where—

(a)	the Commission has accepted an application for an order granting

development consent, and

(b)	the application includes a request for an order granting development

consent to authorise compulsory acquision of land or of an interest in or

right over land (a “compulsory acquisition request”).

(2)	The applicant must give to the Commission a notice specifying the names, and

such other information as may be prescribed, of each affected person.

(3)	Notice under subsection (2) must be given in such form and manner as may be

prescribed.

(4)	A person is an “affected person” for the purposes of this section if the applicant,

after making diligent inquiry, knows that the person is interested in the land to

which the compulsory acquisition request relates or any part of that land.’.

Compulsory acquisition hearings

Mr Clive Betts

NC41

To move the following Clause:—

Consideration of Bill: 25th June 2008

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Planning Bill, continued

‘(1)	This section applies where the application includes a request for an order granting

development consent to authorise compulsory acquisition of land or of an interest

in or right over land (a “compulsory acquisition request”).

(2)	The Examining authority must fix, and cause each affected person to be informed

of, the deadline by which an affected person must notify the Commission that the

person wishes a compulsory acquisition hearing to be held.

(3)	If the Commission receives notification from at least one affected person before

the deadline, the Examining authority must cause a compulsory acquisition

hearing to be held.

(4)	At a compulsory acquisition hearing, the following are entitled (subject to the

Examining authority’s powers of control over the conduct of the hearing) to make

oral representations about the compulsory acquisition request—

(a)	the applicant;

(b)	each affected person.

(5)	A person is an “affected person” for the purposes of this section if the person’s

name has been given to the Commission in a notice under section [Notice of

persons interested in land to which compulsory acquisition request relates].’.

Local impact reports

Mr Clive Betts

NC42

To move the following Clause:—

‘(1)	Subsection (2) applies where the Commission—

(a)	has accepted an application for an order granting development consent,

and

(b)	has received—

(i)	a certificate under section 55(2) in relation to the application, and

(ii)	where section [Notice of persons interested in land to which

compulsory acquisition request relates] applies, a notice under

that section in relation to the application.

(2)	The Commission must give notice in writing to each of the following, inviting

them to submit a local impact report to it—

(a)	each authority which, in relation to the application, is a relevant local

authority within the meaning given by section 95(5), and

(b)	the Greater London Authority if the land to which the application relates,

or any part of it, is in Greater London.

(3)	A “local impact report” is a report in writing giving details of the likely impact of

the proposed development in the authority’s area (or any part of that area).

(4)	“The proposed development” is the development for which the application seeks

development consent.

(5)	A notice under subsection (2) must specify the deadline for receipt by the

Commission of the local impact report.

(6)	The deadline is the deadline for completion of the examination of the application

by a Panel or a single Commissioner (see section).’.

Consideration of Bill: 25th June 2008

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Planning Bill, continued

Mrs Jacqui Lait

Mr David Jones

5

Page  1,  line  5  [Clause  1],  at end insert ‘for the purpose of advising the Secretary of

State on applications for orders granting development consent’.

Dan Rogerson

Tom Brake

68

Page  1,  line  7  [Clause  1],  at end insert—

‘(2A)

Decisions taken by the Commission as part of any function conferred on it shall

be subject to confirmation by the Secretary of State.’.

Mr John Grogan

Mr Paul Truswell

Mr David Drew

Kate Hoey

David Taylor

John McDonnell

Total signatories: 14

Lynne Jones

Mrs Linda Riordan

Mr Gordon Prentice

Jeremy Corbyn

Kelvin Hopkins

Graham Stringer

Frank Dobson

Alan Simpson

339

Page  1,  line  7  [Clause  1],  at end insert—

‘(2A)

Decisions taken by the Commission as part of any function conferred on it shall

be subject to confirmation by the Secretary of State.

(2B)	The Secretary of State must decide whether or not to confirm any such decision

by the end of the period of six months beginning with the day after the day on

which the Secretary of State received the decision.’.

Mr Clive Betts

Mr David Curry

David Taylor

Mr David Drew

John McDonnell

Mr John Grogan

Total signatories: 10

Mr Dai Havard

60

Page  21,  line  41  [Clause  35],  leave out ‘Commission’ and insert ‘Secretary of

State’.

Consideration of Bill: 25th June 2008

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Planning Bill, continued

Mr Clive Betts

Mr David Curry

David Taylor

Mr David Drew

John McDonnell

Mr John Grogan

Total signatories: 10

Mr Dai Havard

61

Page  22,  line  27  [Clause  36],  leave out ‘Commission’ and insert ‘Secretary of

State’.

Mr Clive Betts

Mr David Curry

David Taylor

Mr David Drew

John McDonnell

Mr John Grogan

Total signatories: 10

Mr Dai Havard

62

Page  22,  line  28  [Clause  36],  leave out ‘its’ and insert ‘the’.

Mrs Jacqui Lait

Mr David Jones

Mr Clive Betts

Mr David Curry

David Taylor

Mr David Drew

Total signatories: 11

Mr Dai Havard

55

Page  23,  line  30  [Clause  40],  after ‘application’, insert ‘and seek to resolve any

issues which they may raise’.

Dan Rogerson

Tom Brake

326

Page  23,  line  32  [Clause  40],  at end insert—

‘(ba)

statutory environment agencies’.

Jim Sheridan

317

Page  24,  line  34  [Clause  42],  after ‘means’, insert ‘a claim by a person who after

diligent enquiry is found to have’.

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Revised 25 June 2008