Consideration of Bill: 25th June 2008

2791

Planning Bill, continued

71C	Telecommunications masts: beam of greatest intensity certificate

(1)	Every application for planning permission for telecommunications masts

and associated apparatus shall be accompanied by a certificate (“the

certificate”) which sets out—

(a)	the area and maximum range of the beam of greatest intensity,

(b)	the minimum and maximum distances at ground level of the

beam of greatest intensity,

(c)	an explanation of the way in which the intensity of radiation falls

off with distance from an antennae and of the level of the

intensity of radiofrequency radiation,

(d)	an indication of where the beam of greatest intensity falls and the

nearest and farthest distance from the antenna to these points.

(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 appeals shall—

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

(b)	indicate how representations can be made,

in such manner as may be prescribed by regulations.

(3)	Where a beam of greatest intensity falls on any part of any premises or

land occupied by or consisting of an educational or medical facility, or of

residential property, planning permission shall not be granted before first

taking into account the information contained within the certificate, and

any representations received in respect of that information.

(4)	For the purposes of section 71B and this section—

   “beam of greatest intensity” means where the greatest exposure to the

  radiofrequency radiation signal occurs;

   “educational facility” means any premises used for the education of

  children and young adults, whether such education is full or part time,

  and includes a nursery school;

   “electronic communications code” means the code set out in Schedule 2

  to the Telecommunications Act 1984;

    “exempted apparatus” means—

(a)	a public call box, or

(b)	an antenna which cannot be used for receiving a signal

transmitted from a telecommunications mast, and

(c)	radio equipment which cannot be used in connection with a

telecommunications mast;

   “medical facility” means any premises used for medical treatment or

  care;

   “precautionary principle statement” means a statement accompanying

  an application for planning permission for telecommunications masts

  and associated apparatus which describes the effect upon the

  environment or human health which might arise from the installation

  or use of the telecommunications masts and associated apparatus;

   “telecommunications masts and associated apparatus” has the same

  meaning as the term “electronic communications apparatus” in the

Consideration of Bill: 25th June 2008

2792

Planning Bill, continued

  electronic communications code, except that the definition of that term

  does not include exempted apparatus.”.’.

Amendment of the Town and Country Planning (General Permitted Development) Order

1995, etc.

Andrew Stunell

Dan Rogerson

Mr Elfyn Llwyd

NC4

To move the following Clause:—

‘(1)	The Town and Country Planning (General Permitted Development) Order 1995

(S.I. 1995/418) is amended in accordance with subsections (2) to (6).

(2)	In Article 1(2) (interpretation), at the appropriate place in alphabetical order,

insert—

““electronic communications code” means the code set out in Schedule 2 to

the Telecommunications Act 1984;

“exempted apparatus” means—

(a)	a public call box, or

(b)	an antenna which cannot be used for receiving a signal

transmitted from a telecommunications mast, and

(c)	radio equipment which cannot be used in connection with a

telecommunications mast;

“telecommunications masts and associated apparatus” has the same

meaning as the term “electronic communications apparatus” in the

electronic communications code except that the definition of that term

does not include exempted apparatus.”

(3)	In Part 2 of Schedule 2 (minor operations) at end insert—

“Class D

Permitted development

D	Development which consists of—

(a)	the use of land by or on behalf of an electronic

communications code operator for a period not exceeding 3

months to provide access for and station temporary moveable

telecommunications masts and associated apparatus, which is

required for the sole purpose of temporarily replacing

unserviceable telecommunications masts and associated

apparatus; or

(b)	the replacement of telecommunications masts and associated

apparatus, including associated equipment and structures and

the provision of means of access, which is required for the

operation of the Electronic Communications Code Operator’s

system where such existing telecommunications masts and

associated apparatus has become unserviceable.

Consideration of Bill: 25th June 2008

2793

Planning Bill, continued

Development not permitted

D1	Development is not permitted by Class D if the telecommunications

masts and associated apparatus are not of the same type and capacity

as the unserviceable masts and associated apparatus they are to

replace.

Interpretation of Class D

D2	For the purposes of Class D “moveable telecommunications masts and

associated apparatus” means masts and apparatus attached to a

vehicle, trailer or moveable structure.”.

(4)	In Part 17 of Schedule 2 (development by statutory undertakers), in paragraph A1

(development not permitted), after subparagraph (c) insert “or

(d)	telecommunications masts and associated apparatus.”

(5)	Part 24 of Schedule 2 (development by electronic communications code

operators) is revoked.

(6)	Part 25 of Schedule 2 (other telecommunications development) is revoked.

(7)	The Town and Country Planning (General Permitted Development)

(Amendment) (England) Order 2001 (S.I. 2001/2718) is revoked.

(8)	The Town and Country Planning (General Permitted Development)

(Amendment) (Wales) Order 2002 (S.I. 2002/1878) is revoked.’.

Appeals against enforcement notices

Dan Rogerson

Tom Brake

NC36

To move the following Clause:—

‘(1)	Section 174 of the Town and Country Planning Act 1990 is amended as follows.

(2)	In subsection (2) omit paragraph (a).’.

Development of plant or machinery by railway undertakers

Dan Rogerson

Tom Brake

NC38

To move the following Clause:—

‘In Schedule 2, Part 17, Section A.1(c)(i) of The Town and Country Planning

(General Permitted Development) Order 1995 after second ‘building’, insert ‘,

plant or machinery’.’.

Consideration of Bill: 25th June 2008

2794

Planning Bill, continued

Mrs Jacqui Lait

Mr David Jones

300

Page  77,  line  7  [Clause  149],  leave out ‘the regional development agency for its

region’ and insert ‘a local authority for an area within its region (whether singly or jointly

with other local authorities)’.

Mr Clive Betts

311

Page  77  [Clause  149],  leave out lines 10 to 21.

Mrs Jacqui Lait

Mr David Jones

301

Page  77,  line  12  [Clause  149],  leave out ‘the regional development agency for the

region’ and insert ‘a local authority for an area within the region (whether singly or jointly

with other local authorities)’.

Mrs Jacqui Lait

Mr David Jones

302

Page  77,  line  18  [Clause  149],  leave out ‘the regional development agency for the

region’ and insert ‘a local authority for an area within the region (whether singly or jointly

with other local authorities)’.

Mrs Jacqui Lait

Mr David Jones

303

Page  77,  line  23  [Clause  149],  leave out ‘regional development agency’ and insert

‘local authority’.

Mrs Jacqui Lait

Mr David Jones

304

Page  77,  line  25  [Clause  149],  leave out ‘regional development agency’ and insert

‘local authority’.

Mr Clive Betts

312

Page  77  [Clause  149],  leave out lines 29 and 30.

Mrs Jacqui Lait

Mr David Jones

305

Page  77,  line  31  [Clause  149],  leave out ‘regional development agency’ and insert

‘local authority’.

Mrs Jacqui Lait

Mr David Jones

306

Page  77,  line  36  [Clause  149],  leave out ‘regional development agency’ and insert

‘local authority’.

Consideration of Bill: 25th June 2008

2795

Planning Bill, continued

Mr Clive Betts

313

Page  77  [Clause  149],  leave out lines 38 to 40.

Mrs Jacqui Lait

Mr David Jones

307

Page  77,  line  39  [Clause  149],  leave out ‘regional development agency’ and insert

‘local authority’.

Mrs Jacqui Lait

Mr David Jones

308

Page  78  [Clause  149],  leave out lines 1 to 28.

Mrs Jacqui Lait

Mr David Jones

290

Page  84,  line  2  [Clause  155],  at end insert—

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

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

authorities.’.

Mr David Drew

2

Page  84,  line  37  [Clause  155],  at end insert—

‘(2A)

In section 78 (appeals to the Secretary of State against planning decisions and

failure to take such decisions) after subsection (2) insert—

“(2A)

Where a local planning authority approves an application for planning

permission and—

(a)	the planning application does not accord with the provisions of

the development plan in force in the area in which the land to

which the application relates is situated;

(b)	the planning application is one in which the local authority has

an interest as defined in section 316;

(c)	the planning application falls within the definition of “major

applications”, as defined by a person appointed by the Secretary

of State for that purpose;

(d)	the planning application is accompanied by an Environmental

Impact Assessment; or

(e)	the planning officer has recommended refusal of planning

permission,

certain persons as specified in subsection (2B) below may by notice

appeal to the Secretary of State.

Consideration of Bill: 25th June 2008

2796

Planning Bill, continued

(2B)	Persons who may by notice appeal to the Secretary of State against the

approval of planning permission in the circumstances specified in

subsection (2A) above are—

(a)	any persons who have lodged a formal objection to the planning

application in writing to the planning authority for the area in

which the land to which the application relates is situated;

(b)	other persons at the discretion of a person appointed by the

Secretary of State for that purpose.”.

(2B)	In section 79—

(a)	in subsection (2), leave out “either” and after “planning authority” insert

“or the applicant (where different from the appellant)”;

(b)	in subsection (6), after “the determination”, insert “(except for appeals as

defined in section 78(2A) and where the appellant is as defined in section

78(2B))”.’.

Secretary Hazel Blears

190

Page  85,  line  2  [Clause  155],  at end insert—

‘(za)

the local planning authority, or a committee or sub-committee of

the authority, have decided to determine the application

themselves (by virtue of section 75A(6)),’.

Secretary Hazel Blears

191

Page  88,  line  22  [Clause  156],  at end insert—

‘(za)

the local planning authority, or a committee or sub-committee of

the authority, have decided to determine the application

themselves (by virtue of section 193A(6)),’.

Secretary Hazel Blears

192

Page  92,  line  34  [Clause  158],  at end insert—

‘(za)

the local planning authority, or a committee or sub-committee of

the authority, have decided to determine the application

themselves (by virtue of section 19A(6)),’.

Secretary Hazel Blears

193

Page  93,  line  12,  leave out Clause 159.

Consideration of Bill: 25th June 2008

2797

Planning Bill, continued

Mr David Curry

329

Page  93,  line  34  [Clause  161],  after ‘(3B)’, insert ‘Subject to subsection (3C),’.

Mr David Curry

323

Page  93,  line  36  [Clause  161],  after second ‘development’, insert ‘within the

curtilage of a dwelling house’.

Secretary Hazel Blears

194

Page  93,  line  40  [Clause  161],  leave out from ‘order,’ to end of line 4 on page 94

and insert—

‘(b)	notice of the revocation, amendment or directions was published in the

prescribed manner not less than 12 months or more than the prescribed

period before the revocation, amendment or directions (as the case may

be) took effect, and

(c)

either—

(i)	the development authorised by the order had not started before

the notice was published, or

(ii)	the order includes provision in pursuance of section 61D

permitting the development to be completed after the permission

is withdrawn.”’.

Mr David Curry

330

Page  94,  line  4  [Clause  161],  at end add—

‘(3C)

For the purposes of subsection (3B) the Secretary of State may by order prescribe

the development orders, or the classes of development described as permitted

development in those orders, to which that subsection applies.’.

Secretary Hazel Blears

195

Page  94,  line  24  [Clause  162],  at end insert—

‘(5A)

Subsection (5B) applies in relation to an application under subsection (4) made

by or on behalf of a person with an interest in some, but not all, of the land to

which the planning permission relates.

(5B)	The application may be made only in respect of so much of the planning

permission as affects the land in which the person has an interest.’.

Secretary Hazel Blears

196

Page  95,  line  11  [Clause  163],  leave out from ‘(a)’ to end of line 12 and insert ‘omit

---

Revised 25 June 2008