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| Page 134, line 31 [Schedule 2], leave out paragraph 37. |
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| Page 136, line 32 [Schedule 2], leave out from ‘to’ to end of line 34 and insert— |
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| | ‘(a) | section 31(2) of the Planning Act 2008 (exclusion of powers to authorise |
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| | (b) | section 109(8B) of that Act (exclusion of power to include ancillary |
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| Page 136, line 36 [Schedule 2], leave out from ‘to’ to end of line 38 and insert— |
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| | ‘(a) | section 31(2) of the Planning Act 2008 (exclusion of powers to authorise |
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| | (b) | section 109(8B) of that Act (exclusion of power to include ancillary |
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| Page 136, line 38 [Schedule 2], at end insert— |
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| | ‘Town and Country Planning (Scotland) Act 1997 (c. 8) |
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| | 56 | The Town and Country Planning (Scotland) Act 1997 is amended as follows. |
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| | 57 | In section 28 (planning permission required for development) after subsection |
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| | “(1A) | Subsection (1) is subject to section 31(1) of the Planning Act 2008 |
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| | (exclusion of requirement for planning permission etc. for |
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| | development for which development consent required).” |
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| | 58 | In section 160(6) (tree preservation orders: exemptions) after paragraph (b) |
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| | “(ba) | it is authorised by an order granting development consent,” |
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| | 59 (1) | Section 172 (preservation of trees in conservation areas) is amended as |
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| | (2) | After subsection (1) insert— |
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| | “(1A) | Subsection (1) does not apply so far as the act in question is authorised |
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| | by an order granting development consent.” |
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| | (3) | After subsection (5) insert— |
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| | “(5A) | Subsection (5) does not apply so far as the act in question is authorised |
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| | by an order granting development consent.” |
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| | 60 | In section 277(1) (interpretation) at the appropriate place insert— |
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| | ““development consent” means development consent under the Planning |
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| | Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) |
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| | 61 | The Planning (Hazardous Substances) (Scotland) Act 1997 is amended as |
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| | 62 | In section 7(2)(c) (determination of applications for hazardous substances |
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| | consent: material considerations) after “planning permission” insert “or |
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| | 63 | In section 8(1) (conditions on grant of hazardous substances consent) after |
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| | “planning permission” insert “or development consent”. |
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| | 64 (1) | Section 10 (deemed hazardous substances consent: government authorisation) |
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| | (2) | After subsection (2A) insert— |
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| | “(2B) | On making an order granting development consent in respect of |
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| | development that would involve the presence of a hazardous substance |
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| | in circumstances requiring hazardous substances consent, the person |
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| | making the order may direct that hazardous substances consent shall |
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| | be deemed to be granted, subject to such conditions (if any) as may be |
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| | specified in the direction.” |
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| | (3) | For subsection (3) substitute— |
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| | “(3) | Before giving a direction under any of subsections (1) to (2B), the |
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| | person having power to give the direction must consult the Health and |
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| | (a) | for the words from “government” to “Ministers” substitute “person”, |
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| | (b) | after “directions” insert “given by the person”. |
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| | 65 | In section 12(2)(b) (power to revoke or modify hazardous substances |
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| | (a) | after “planning permission” insert “or development consent”, and |
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| | (b) | after “the permission” insert “or development consent”. |
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| | 66 | In section 38(1) (interpretation) at the appropriate place insert— |
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| | ““development consent” means development consent under the Planning |
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| Page 136, line 38 [Schedule 2], at end insert— |
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| | ‘Housing and Regeneration Act 2008 (c.) |
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| | | In section 13(6) of the Housing and Regeneration Act 2008 (power of |
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| | Secretary of State to make designation orders) in the definition of “permitted |
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| | purposes” at the end insert “, and |
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| | (d) | Part 8 of the Planning Act 2008,”. |
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| Page 137, line 2 [Schedule 3], at end insert— |
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| | ‘Forestry Act 1967 (c. 10) |
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| | A1 | The Forestry Act 1967 is amended as follows. |
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| | A2 (1) | Section 15 (trees subject to preservation orders under Planning Acts) is |
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| | (2) | In subsection (1) for “consent under the order” substitute “relevant consent”. |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | In subsection (1) “relevant consent” means— |
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| | (a) | in the case of trees in England and Wales, consent under tree |
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| | preservation regulations; |
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| | (b) | in the case of trees in Scotland, consent under the tree |
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| | (4) | In subsection (5) for the words from “application” to “thereunder” substitute |
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| | “relevant application shall be entertained”. |
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| | (5) | After subsection (5) insert— |
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| | “(5A) | In subsection (5) “relevant application” means— |
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| | (a) | in the case of trees in England and Wales, an application under |
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| | tree preservation regulations for consent under the |
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| | (b) | in the case of trees in Scotland, an application under a tree |
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| | preservation order for consent under the order.” |
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| | A3 | In section 18 (felling directions), in subsection (5) for the words from “shall” |
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| | to the end substitute “shall be sufficient authority for the felling, |
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| | notwithstanding anything in— |
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| | (a) | tree preservation regulations, in the case of trees in England or Wales; |
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| | (b) | the tree preservation order, in the case of trees in Scotland. |
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| | A4 | In section 21 (courses open to person adversely affected by felling direction), |
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| | in subsection (7), after “a tree preservation order” insert “, or under tree |
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| | preservation regulations,”. |
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| | A5 | In section 35 (interpretation of Part 2) at the appropriate place insert— |
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| | ““tree preservation regulations” means regulations made under section |
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| | 202A(1) of the Town and Country Planning Act 1990;”. |
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| | A6 (1) | Schedule 3 (proceedings under Town and Country Planning Acts in relation to |
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| | tree preservation orders) is amended as follows. |
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| | (a) | for “under the said Acts” substitute “under the Town and Country |
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| | Planning (Scotland) Act 1997”, |
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| | (b) | omit the words from “section 77” to “(for Scotland)”, |
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| | (c) | for “provisions of the said Acts” substitute “provisions of that Act”, |
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| | (d) | omit “the said section 77 or (for Scotland)”. |
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| | (3) | After paragraph 2 insert— |
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| | “2A(1) | Where under section 15(2)(a) an application, on being referred to |
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| | the appropriate national authority, falls to be dealt with under the |
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| | Town and Country Planning Act 1990, the appropriate national |
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| | authority must decide the application as if it were an application for |
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| | consent for the felling of trees made under tree preservation |
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| | (2) | In this paragraph, “the appropriate national authority” means— |
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| | (a) | the Secretary of State in relation to England; |
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| | (b) | the Welsh Ministers in relation to Wales.”. |
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| | (a) | for “the Town and Country Planning Acts” substitute “the Town and |
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| | Country Planning (Scotland) Act 1997”, and |
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| | (b) | for “the Town and Country Planning Act 1990 or (for Scotland) the |
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| | Town and Country Planning (Scotland) Act 1997” substitute “that |
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| | (5) | After paragraph 3 insert— |
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| | “3A | Where under section 15(3)(a) an application, on being referred to an |
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| | authority who have made a tree preservation order, falls to be dealt |
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| | with under the Town and Country Planning Act 1990, the authority |
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| | must decide the application as if it were an application for consent |
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| | for the felling of trees made under tree preservation regulations.”.’. |
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| Page 137, line 21 [Schedule 3], leave out from ‘7’ to end of line 24 and insert— |
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| | ‘(1) | Section 210 (penalties for non-compliance with tree preservation order) is |
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| | (a) | for “a tree preservation order” substitute “tree preservation |
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| | (b) | in paragraph (a) omit the “or” at the end, and |
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| | (c) | after paragraph (b) insert—“or |
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| | (c) | causes or permits the carrying out of any of the |
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| | activities in paragraph (a) or (b),”. |
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| | (3) | In subsection (4), for “a tree preservation order” substitute “tree preservation |
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| | (4) | In the side-note, for “order” substitute “regulations”.’. |
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| Page 137, line 31 [Schedule 3], at end insert— |
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| | ‘8A | In section 212 (power to disapply section 211) omit subsection (4).’. |
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| Page 138, line 6 [Schedule 3], at end insert— |
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| | ‘Planning and Compensation Act 1991 (c. 34) |
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| | 14 (1) | Part 1 of Schedule 18 to the Planning and Compensation Act 1991 |
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| | (compensation provisions that do not provide for interest) is amended as |
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| | (2) | After the entry for section 186 of the Town and Country Planning Act 1990 |
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| “Section 202E of that Act |
| | | | | | (a) | any consent required by tree preservation |
| | | | | | | | | | (b) | any such consent is granted subject to |
| | | | | | | | | | (c) | any approval required under such a condition |
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| | (3) | Omit the entries for sections 203 and 204 of the Town and Country Planning |
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| Page 148, line 27 [Schedule 7], at end insert— |
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| ‘Forestry Act 1967 (c. 10) |
| In paragraph 2 of Schedule 3— |
| | | | | (a) | the words from “section 77” to “(for |
| | | | | | | | | | (b) | “the said section 77 or (for Scotland)”.’. |
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| Page 148, line 33 [Schedule 7], at end insert— |
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| Page 148, line 33 [Schedule 7], at end insert— |
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| | ‘In section 284(3)(a), “for planning permission”. |
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| Page 149, line 5 [Schedule 7], column 2, at end insert— |
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| Page 149, line 6 [Schedule 7], at end insert— |
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| | | | | | | In section 122(6), “(a),”. |
| | | | | In Schedule 6, paragraph 5.’. |
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| Page 149, line 6 [Schedule 7], at end insert— |
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| ‘Greater London Authority Act |
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| Page 149, line 6 [Schedule 7], at end insert— |
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| ‘Planning-gain Supplement |
| | | | | (Preparations) Act 2007 (c. 2) |
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| |
| | Order of the House [10th December 2007] |
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| | That the following provisions shall apply to the Planning Bill: |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Tuesday 5th February 2008. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | Consideration and Third Reading |
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| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | brought to a conclusion one hour before the moment of interruption on the |
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| | day on which those proceedings are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on consideration and Third Reading. |
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| | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | consideration of Lords Amendments or on any further messages from the |
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| | Lords) may be programmed. |
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| |
| | Planning Bill (Programme) (No. 2) Order [2nd june 2008] |
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| | That the Order of 10th December 2007 (Planning Bill (Programme)) be varied as |
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| | 1. | Paragraphs 4 and 5 of the Order shall be omitted. |
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| | 2. | Proceedings on consideration and Third Reading shall be concluded in two |
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| | 3. | Proceedings on consideration shall be taken on each of those days as shown |
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| | in the following Table and in the order so shown. |
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| | 4. | Each part of the proceedings shall (so far as not previously concluded) be |
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| | brought to a conclusion at the time specified in relation to it in the second |
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| | | | | | Time for conclusion of proceedings |
| | | | New Clauses, and amendments to |
| | | | | Clauses, relating to Parts 3 and 4, New |
| | | | | Clauses, and amendments to Clauses, |
| | | | | relating to Part 7, New Clauses, and |
| | | | | amendments to Clauses, relating to Part |
| | | | | 8, and New Clauses, and amendments to |
| | | | | Clauses, relating to correction of errors in |
| | | | | development consent decisions or |
| | | | | changes to, or revocation of, orders |
| | | | | granting development consent. |
| | | | | New Clauses, and amendments to |
| The moment of interruption. |
| | | | Clauses, relating to Part 2. |
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| | | | | New Clauses, and amendments to |
| | | | | Clauses, relating to Chapter 2 of Part 9, |
| | | | | and New Clauses, and amendments to |
| | | | | Clauses, relating to Part 11. |
| | | | | New Clauses, and amendments to |
| One hour before the moment of |
| | | | Clauses, relating to functions of the |
| | | | | Infrastructure Planning Commission or |
| | | | | the Secretary of State in relation to |
| | | | | applications for orders granting |
| | | | | development consent, and remaining |
| | | | | proceedings on consideration. |
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|