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Planning Bill, continued

(ii)	the public disclosure of that information would be contrary to

the national interest.

(6)	The Secretary of State may direct that representations of a specified

description may be made only to persons of a specified description (instead of

being made in public).

(7)	“Specified” means specified in the direction.

(8)	The Secretary of State’s powers under sub-paragraphs (2) to (4) are subject

to—

(a)	sub-paragraphs (5) to (7), and

(b)	any rules made under paragraph 3.

(9)	In this paragraph “representation” includes evidence.

Rules

3    (1)

The Lord Chancellor or (if sub-paragraph (2) applies) the Secretary of State,

after consultation with the Administrative Justice and Tribunals Council, may

make rules regulating the procedure to be followed in connection with the

Secretary of State’s examination of an application under section [Effect of

intervention].

(2)	This sub-paragraph applies if the development to which the application relates

(or part of the development) is the construction of an oil or gas cross-country

pipe-line—

(a)	one end of which is in England or Wales, and

(b)	the other end of which is in Scotland.

(3)	Rules under sub-paragraph (1) may make provision for or in connection with

authorising the Secretary of State, alone or with others, to enter onto land,

including land owned or occupied otherwise than by the applicant, for the

purpose of inspecting the land as part of the Secretary of State’s examination.

(4)	Rules under sub-paragraph (1) may regulate procedure in connection with

matters preparatory to the Secretary of State’s examination, and in connection

with matters subsequent to the examination, as well as in connection with the

conduct of the examination.

(5)	Power under this paragraph to make rules includes power to make different

provision for different purposes.

(6)	Power under this paragraph to make rules is exercisable by statutory

instrument.

(7)	A statutory instrument containing rules under this paragraph is subject to

annulment pursuant to a resolution of either House of Parliament.

Appointed representatives

4    (1)

Sub-paragraph (2) applies if the Secretary of State gives a direction under

paragraph 2(6) for representations of a specified description to be made only

to persons of a specified description (instead of being made in public).

(2)	The Attorney General or (where the representations are to be made in

Scotland) the Advocate General for Scotland may appoint a person (an

“appointed representative”) to represent the interests of an interested party

who (by virtue of the direction) is prevented from being present when the

representations are made.

(3)	“Interested party” means a person who is an interested party in relation to the

application for the purposes of Chapter 4 of Part 6 (see section 95).

(4)	Rules under paragraph 3 may make provision as to the functions of an

appointed representative.

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(5)	The Secretary of State may direct a person (a “responsible person”) to pay the

fees and expenses of an appointed representative, if the Secretary of State

thinks that the responsible person is interested in the hearing in relation to any

representations that are the subject of the direction under paragraph 2(6).

(6)	If the Secretary of State gives a direction under sub-paragraph (5) and the

appointed representative and the responsible person are unable to agree the

amount of the fees and expenses, the amount must be determined by the

Secretary of State.

(7)	The Secretary of State must cause the amount agreed between the appointed

representative and the responsible person, or determined by the Secretary of

State, to be certified.

(8)	An amount so certified is recoverable from the responsible person as a civil

debt.’.

New clauses, and amendments to clauses, relating to Chapter 2 of Part 9

Power to decline to determine applications: amendments

Secretary Hazel Blears

NC30

To move the following Clause:—

‘Schedule [Power to decline to determine applications: amendments] (power to

decline to determine applications: amendments) has effect.’.

Power to make provision in relation to Wales

Secretary Hazel Blears

NC31

To move the following Clause:—

‘(1)	The Welsh Ministers may by order make provision—

(a)	which has an effect in relation to Wales that corresponds to the effect an

England-only provision has in relation to England;

(b)	conferring power on the Welsh Ministers to do anything in relation to

Wales that corresponds to anything the Secretary of State has power to

do by virtue of an England-only provision.

(2)	The England-only provisions are—

section 152 (correction of errors in decisions);

section 155 (determination of planning applications by officers);

section 156 (determination of applications for certificates of lawful use or

development by officers);

section 157 (validity of decisions made on reviews);

section 158 (determination of listed building applications by officers);

section 161 (removal of right to compensation where notice given of

withdrawal of planning permission);

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section 162 (power to make non-material changes to planning permission);

section 166(1) and Schedule 4 (use of land: power to override easements

and other rights);

section 167 (applications and appeals by statutory undertakers);

section 168 and Schedule 5 (determination of procedure for certain

proceedings);

paragraphs 2(3) and (4) and 3(3) of Schedule [Power to decline to determine

applications: amendments].

(3)	Before an England-only provision is brought into force—

(a)	the reference in subsection (1)(a) to the effect an England-only provision

has is to be read as a reference to the effect the provision would have, if

it were in force;

(b)	the reference in subsection (1)(b) to anything the Secretary of State has

power to do by virtue of an England-only provision is to be read as a

reference to anything the Secretary of State would have power to do by

virtue of the provision, if it were in force.

(4)	The Welsh Ministers may by order make provision for the purpose of reversing

the effect of any provision made in exercise of the power conferred by subsection

(1).

(5)	The Secretary of State may make an order in consequence of an order under

subsection (1) for the purpose of ensuring that an England-only provision

continues to have (or will when brought into force have) the effect in relation to

England that it would have had if the order under subsection (1) had not been

made.

(6)	An order under this section may amend, repeal, revoke or otherwise modify a

provision of—

(a)	an Act, or

(b)	an instrument made under an Act.

(7)	The powers of the Welsh Ministers to make orders under this section are

exercisable by statutory instrument.

(8)	Those powers include—

(a)	power to make different provision for different purposes (including

different areas);

(b)	power to make incidental, consequential, supplementary, transitional or

transitory provision or savings.

(9)	No order may be made by the Welsh Ministers under this section unless a draft of

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

resolution of, the National Assembly for Wales.’.

Wales: transitional provision in relation to blighted land

Secretary Hazel Blears

NC32

To move the following Clause:—

‘(1)	During the transitional period the repeal by PCPA 2004 of paragraphs 1 to 4 of

Schedule 13 to TCPA 1990 in relation to Wales is subject to subsection (2).

(2)	That repeal does not affect anything which is required or permitted to be done for

the purposes of Chapter 2 of Part 6 of TCPA 1990 (interests affected by planning

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Planning Bill, continued

proposals: blight) in relation to land falling within any of paragraphs 1, 2, 3 and

4 of Schedule 13 to TCPA 1990.

(3)	The transitional period is the period during which—

(a)	in the case of land falling within paragraph 1 of Schedule 13 to TCPA

1990, a structure plan continues to be or to be comprised in the

development plan for an area in Wales by virtue of Part 3 of Schedule 5

to the Local Government (Wales) Act 1994 and Part 1A of Schedule 2 to

TCPA 1990;

(b)	in the case of land falling within paragraph 2 of Schedule 13 to TCPA

1990, a local plan continues to be or to be comprised in the development

plan for an area in Wales by virtue of Part 3 of Schedule 5 to the Local

Government (Wales) Act 1994 and Part 1A of Schedule 2 to TCPA 1990;

(c)	in the case of land falling within paragraphs 3 or 4 of Schedule 13 to

TCPA 1990, a unitary development plan continues to form part of the

development plan for an area in Wales by virtue of article 3(1) and (2) of

the PCPA No.6 Order 2005.

(4)	In this section “PCPA No.6 Order 2005” means the Planning and Compulsory

Purchase Act 2004 (Commencement No.6, Transitional Provisions and Savings)

Order 2005 (S.I. 2005/2847).

(5)	This section is deemed to have come into force on the same day as the repeal of

paragraphs 1 to 4 of Schedule 13 to TCPA 1990 came into force in relation to

Wales (see Article 2(e) and (g) of the PCPA No.6 Order 2005).’.

Evidence on applications, appeals and inquiries

Mr Richard Benyon

NC2

To move the following Clause:—

‘After section 323 of the Town and Country Planning Act 1990 there is inserted—

“323A

Evidence on applications, appeals and inquiries

(1)	If an applicant for planning permission or any director, servant, agent or

person on the applicant’s behalf, for the purpose of procuring a grant of

planning permission—

(a)	knowingly or recklessly makes a statement which is false or

misleading in a material particular;

(b)	with intent to deceive, uses any document which is false or

misleading in a material particular; or

(c)	with intent to deceive, withholds any material information,

he shall be guilty of an offence.

(2)	If any person, for the purpose of procuring a particular decision on an

appeal, application which it has been directed should be referred to the

Secretary of State or on proceedings for the confirmation of an order by

the Secretary of State, under this Act—

(a)	knowingly or recklessly makes a statement which is false or

misleading in a material particular;

(b)	with intent to deceive, uses any document which is false or

misleading in a material particular; or

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Planning Bill, continued

(c)	with intent to deceive, withholds any material information,

he shall be guilty of an offence.

(3)	A person guilty of an offence under subsection (1) or (2) shall be liable—

(a)	on summary conviction, to a fine not exceeding the statutory

maximum; or

(b)	on conviction on indictment, to imprisonment for a term not

exceeding two years, or a fine, or both.

(4)	Any person giving expert evidence, whether orally or in writing, to an

inquiry or hearing held under this Act shall make a declaration that the

evidence they give shall be their professional opinion.”’.

Amendment of the Town and Country Planning Act 1990

Andrew Stunell

Dan Rogerson

Mr Elfyn Llwyd

NC3

To move the following Clause:—

‘(1)	The Town and Country Planning Act 1990 (c. 8) is amended as follows.

(2)	After section 71A insert—

“71B	Telecommunications masts: precautionary principle statement

(1)	Every application for planning permission for telecommunications masts

and associated apparatus shall be accompanied by a precautionary

principle statement (“the statement”).

(2)	A local planning authority on receipt of an application for planning

permission for telecommunications masts and associated apparatus, and

on the receipt of a notice of appeal, shall—

(a)	make copies of the statement available for inspection, and

(b)	indicate how representations can be made in respect of the

statement,

in such manner as may be prescribed by regulations.

(3)	A local planning authority in considering an application for planning

permission for telecommunications masts and associated apparatus, or

the Secretary of State on an appeal against a determination or non-

determination, shall not make a decision until it, or he, has first taken into

account the information contained within the statement and any

representations received in respect of that information.

(4)	Where the statement indicates that there is a threat of damage to health or

the environment, it shall not be a ground for granting planning

permission that there is a lack of full scientific certainty about the extent

of the threat of damage to health or the environment.

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Revised 25 June 2008