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| | “for planning permission”.’. |
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| | Page 97, line 13 [Clause 164], at end insert— |
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| | | ‘(c) | conditions limiting the duration of the consent.’. |
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| | |
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| | Page 97, line 21 [Clause 164], at end insert— |
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| | | ‘(4A) | In relation to any tree planted in pursuance of a condition within subsection |
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| | | (4)(a), tree preservation regulations may make provision — |
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| | | (a) | for the tree preservation order concerned to apply to the tree; |
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| | | (b) | authorising the person imposing the condition to specify that the tree |
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| | | preservation order concerned is not to apply to the tree. |
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| | | (4B) | “The tree preservation order concerned” is the order in force in relation to the tree |
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| | | in respect of which consent is given under tree preservation regulations.’. |
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| | Page 99, line 19 [Clause 166], at end insert— |
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| | | ‘(2) | The Welsh Ministers may by order amend Schedule 4 to the Welsh Development |
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| | | Agency Act 1975 for the purpose of authorising the use in accordance with |
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| | | planning permission of land acquired under section 21A of that Act, even if the |
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| | | |
| | | (a) | interference with an interest or right to which paragraph 6 of that |
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| | | (b) | a breach of a restriction as to the user of land arising by virtue of a |
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| | | |
| | | (3) | The power to make an order under subsection (2) is exercisable by statutory |
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| | | |
| | | (a) | power to make different provision for different purposes (including |
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| | | |
| | | (b) | power to make incidental, consequential, supplementary, transitional or |
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| | | transitory provision or savings. |
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| | | (5) | No order may be made under subsection (2) unless a draft of the instrument |
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| | | containing the order has been laid before, and approved by resolution of, the |
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| | | National Assembly for Wales.’. |
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| | new clauses, and amendments TO CLAUSES, relating to part 11 |
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| | | Community Infrastructure Levy: procedure |
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| | To move the following Clause:— |
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| | | ‘(1) | CIL regulations may include provision about procedures to be followed in |
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| | | |
| | | (2) | In particular, the regulations may make provision about— |
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| | | (a) | procedures to be followed by a charging authority proposing to begin |
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| | | |
| | | (b) | procedures to be followed by a charging authority proposing to stop |
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| | | |
| | | |
| | | (d) | the publication or other treatment of reports; |
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| | | (e) | timing and methods of publication; |
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| | | (f) | making documents available for inspection; |
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| | | (g) | providing copies of documents (with or without charge); |
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| | | (h) | the form and content of documents; |
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| | | |
| | | (j) | serving notices or other documents; |
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| | | (k) | examinations to be held in public in the course of setting or revising rates |
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| | | or other criteria or of preparing lists; |
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| | | (l) | the terms and conditions of appointment of independent persons; |
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| | | (m) | remuneration and expenses of independent persons (which may be |
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| | | required to be paid by the Secretary of State or by a charging authority); |
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| | | (n) | other costs in connection with examinations; |
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| | | (o) | reimbursement of expenditure incurred by the Secretary of State |
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| | | (including provision for enforcement); |
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| | | (p) | apportionment of costs; |
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| | | (q) | combining procedures in connection with CIL with procedures for |
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| | | another purpose of a charging authority (including a purpose of that |
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| | | authority in another capacity). |
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| | | (3) | A provision of this Part conferring express power to make procedural provision |
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| | | in a specified context includes, in particular, power to make provision about the |
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| | | matters specified in subsection (2). |
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| | | (4) | Sections 187 to 189 do not apply to this Part (but CIL regulations may make |
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| | | Community Infrastructure Levy: repeals |
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| | |
| | | |
| | To move the following Clause:— |
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| | |
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| | | ‘The following provisions of the Planning and Compulsory Purchase Act 2004 |
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| | | (c. 5) shall cease to have effect— |
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| | | (a) | sections 46 to 48 (planning contribution), and |
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| | | (b) | paragraph 5 of Schedule 6 (repeal of sections 106 to 106B of the Town |
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| | | and Country Planning Act 1990 (c. 8) (planning obligations)).’. |
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| | |
| | |
| | | |
| | Page 107, line 26 [Clause 175], leave out from ‘specify’ to end of line 27 and insert |
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| | ‘the authorities which may charge CIL, each of which must be’. |
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| | |
| | |
| | | |
| | Page 107, line 27 [Clause 175], leave out ‘In particular’. |
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| | |
| | |
| | | |
| | Page 107, line 27 [Clause 175], after ‘may’, insert ‘only’. |
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| | Page 107, line 28 [Clause 175], at end insert ‘or Part 2 of the PCPA 2004),’. |
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| | Page 107 [Clause 175], leave out lines 32 to 35. |
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| | Page 107, line 33 [Clause 175], at end insert ‘, or’. |
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| | Page 107, line 34 [Clause 175], leave out from ‘London,’ to end of line 35. |
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| | |
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| | | |
| | Page 108, line 10 [Clause 176], leave out from ‘it,’ to end of line 13 and insert— |
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| | | ‘(c) | the amount of CIL is determined contingent on a projected time period |
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| | | during which development will take place, with particular reference to |
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| | | when development is expected to complete (“the completion date”), and |
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| | |
| | |
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| | | (d) | charging authorities may reassess the amount of CIL payable if |
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| | | development is not complete more than 12 months after the completion |
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| | | |
| | |
| | | |
| | Page 108, line 13 [Clause 176], at end insert ‘, and |
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| | | (d) | CIL is not payable by incorporated companies whose primary purpose is |
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| | | the provision and operation of infrastructure and whose profits are |
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| | | applied solely for that purpose.’. |
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| | |
| | |
| | | |
| | Page 108 [Clause 176], leave lines 35 to 37. |
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| | |
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| | | |
| | Page 108, line 42 [Clause 177], leave out ‘determining the amount of CIL’ and |
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| | insert ‘those authorities empowered to charge CIL to determine the amount of CIL by |
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| | reference to rates or criteria in a development plan document’. |
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| | |
| | |
| | | |
| | Page 108, line 43 [Clause 177], leave out subsection (2). |
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| | |
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| | | |
| | Page 109, line 13 [Clause 177], leave out paragraph (b) and insert— |
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| | | ‘(b) | to have regard to not prejudicing the supply of land planned in the |
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| | | |
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| | | |
| | Page 109, line 21 [Clause 177], at end insert— |
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| | | ‘(da) | to have regard, to the extent and in the manner specified by the |
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| | | regulations, to other actual or expected sources of funding for |
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| | | |
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| | | |
| | Page 109, line 45 [Clause 177], after ‘for’, insert ‘differential rates, which may |
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| | include provision for supplementary charges, increased rates or’. |
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| | Page 110, line 2 [Clause 178], leave out ‘collects’ and insert ‘charges’. |
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| | Page 110, line 32 [Clause 178], at end insert— |
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| | | ‘(d) | require authorities to use best endeavours to deliver the infrastructure |
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| | | |
| | | (e) | require all other providers of infrastructure involved in the delivery of |
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| | | infrastructure funded by CIL to use best endeavours to assist in delivering |
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| | | |
| | |
| | |
| | | |
| | Page 111, line 1 [Clause 178], leave out ‘the’ and insert ‘actual or expected’. |
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| | |
| | | |
| | Page 111, line 25 [Clause 179], at end insert— |
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| | | ‘(7) | Regulations under this section may make provision about the source of payments |
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| | | in respect of Crown interests.’. |
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| | |
| | | |
| | Page 111, line 29 [Clause 180], leave out ‘and the regulations may,’ and insert— |
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| | | ‘(2A) | The regulations may,’. |
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| | |
| | | |
| | Page 111, line 36 [Clause 180], at end insert— |
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| | | ‘(ea) | conferring a power of entry onto land; |
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| | | (eb) | requiring the provision of information;’. |
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| | |
| | | |
| | Page 111, line 39 [Clause 180], after ‘information’, insert ‘or failure to provide |
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| | |
| | |
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| | Page 111, line 40 [Clause 180], at end insert— |
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| | | ‘(fa) | conferring power to prosecute an offence;’. |
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| | |
| | | |
| | Page 111, line 42 [Clause 180], at end insert— |
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| | |
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| | | ‘(h) | conferring jurisdiction on a court to grant injunctive or other relief to |
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| | | enforce a provision of the regulations (including a provision included in |
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| | | reliance on this section).’. |
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| | |
| | |
| | | |
| | Page 112, line 3 [Clause 180], at end insert— |
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| | | ‘(4) | Regulations under this section creating a criminal offence may not provide for— |
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| | | (a) | a maximum fine exceeding £20,000 on summary conviction, |
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| | | (b) | a maximum term of imprisonment exceeding 6 months on summary |
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| | | |
| | | (c) | a maximum term of imprisonment exceeding 2 years on conviction on |
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| | | |
| | | (5) | The Secretary of State may by order amend subsection (4) to reflect |
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| | | commencement of section 283 of the Criminal Justice Act 2003.’. |
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| | |
| | | |
| | Page 112, line 3 [Clause 180], at end insert— |
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| | | ‘(4) | In this Part a reference to administrative expenses in connection with CIL |
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| | | includes a reference to enforcement expenses.’. |
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| | |
| | | |
| | Page 112, line 34 [Clause 182], leave out from ‘include’ to ‘amending’ in line 35 |
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| | and insert ‘provision of a kind permitted by section 190(3)(b) (and incidental, |
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| | supplemental or consequential provision may include provision disapplying, modifying |
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| | |
| | |
| | |
| | | |
| | Page 113, line 4 [Clause 183], after ‘charging’, insert ‘or other’. |
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| | |
| | | |
| | Page 113, line 5 [Clause 183], leave out ‘charging’. |
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| | |
| | | |
| | Page 113, line 11 [Clause 183], after ‘effectiveness’, insert ‘, or increasing the |
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| | |
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| | |
| | | Grants for advice and assistance: England and Wales |
|
| | |
| | | |
| | To move the following Clause:— |
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| | | ‘In section 304A(1) of TCPA 1990 (grants for assisting the provision of advice |
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| | | and assistance in connection with planning matters), after paragraph (b) insert— |
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| | | “(ba) | the Planning Act 2008;”’. |
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| | |
| | | Application to Parliament |
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| | |
| | | |
| | To move the following Clause:— |
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| | | ‘This Act has effect despite any rule of law relating to Parliament or the law and |
|
| | | practice of Parliament.’. |
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| | |
| | | Amendment of the Telecommunications Act 1984 |
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| | |
| | |
| | |
| | | |
| | To move the following Clause:— |
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| | | ‘(1) | Schedule 2 to the Telecommunications Act 1984 (c. 12) is amended as follows. |
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| | | (2) | After paragraph 5(3) insert— |
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| | | “(3A) | No order under this paragraph shall be made in respect of any land or |
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| | | premises consisting of an educational, nursery or medical facility.” |
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| | | (3) | After paragraph 5 insert— |
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| | | “5A(1) | A notice may be served by a properly constituted body on the operator |
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| | | of an electronic communications network which may require that— |
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| | | (a) | all telecommunications masts and associated apparatus be |
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| | | removed from premises or land used for— |
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| | | (i) | medical or health related purposes, or |
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| | | (ii) | education, including use as a nursery; and |
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| | | (b) | any land or premises, which has been the subject of a |
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| | | compulsory purchase made under the powers granted by |
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| | | section 118 of the Communications Act 2003 shall revert to |
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| | | |
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