House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 25th June 2008
2833

Planning Bill, continued

Secretary Hazel Blears

275

Page  134,  line  31  [Schedule  2],  leave out paragraph 37.

Secretary Hazel Blears

276

Page  136,  line  32  [Schedule  2],  leave out from ‘to’ to end of line 34 and insert—

‘(a)
section 31(2) of the Planning Act 2008 (exclusion of powers to authorise

development);

(b)
section 109(8B) of that Act (exclusion of power to include ancillary

provision in orders).”’.

Secretary Hazel Blears

277

Page  136,  line  36  [Schedule  2],  leave out from ‘to’ to end of line 38 and insert—

‘(a)
section 31(2) of the Planning Act 2008 (exclusion of powers to authorise

development);

(b)
section 109(8B) of that Act (exclusion of power to include ancillary

provision in orders).”’.

Secretary Hazel Blears

278

Page  136,  line  38  [Schedule  2],  at end insert—

‘Town and Country Planning (Scotland) Act 1997 (c. 8)

56
The Town and Country Planning (Scotland) Act 1997 is amended as follows.

57
In section 28 (planning permission required for development) after subsection

(1) insert—

“(1A)
Subsection (1) is subject to section 31(1) of the Planning Act 2008

(exclusion of requirement for planning permission etc. for

development for which development consent required).”

58
In section 160(6) (tree preservation orders: exemptions) after paragraph (b)

insert—

“(ba)
it is authorised by an order granting development consent,”

59  (1)
Section 172 (preservation of trees in conservation areas) is amended as

follows.

      (2)
After subsection (1) insert—

“(1A)
Subsection (1) does not apply so far as the act in question is authorised

by an order granting development consent.”

      (3)
After subsection (5) insert—

“(5A)
Subsection (5) does not apply so far as the act in question is authorised

by an order granting development consent.”

60
In section 277(1) (interpretation) at the appropriate place insert—

““development consent” means development consent under the Planning

Act 2008;”

Consideration of Bill: 25th June 2008
2834

Planning Bill, continued

Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10)

61
The Planning (Hazardous Substances) (Scotland) Act 1997 is amended as

follows.

62
In section 7(2)(c) (determination of applications for hazardous substances

consent: material considerations) after “planning permission” insert “or

development consent”.

63
In section 8(1) (conditions on grant of hazardous substances consent) after

“planning permission” insert “or development consent”.

64  (1)
Section 10 (deemed hazardous substances consent: government authorisation)

is amended as follows.

      (2)
After subsection (2A) insert—

“(2B)
On making an order granting development consent in respect of

development that would involve the presence of a hazardous substance

in circumstances requiring hazardous substances consent, the person

making the order may direct that hazardous substances consent shall

be deemed to be granted, subject to such conditions (if any) as may be

specified in the direction.”

      (3)
For subsection (3) substitute—

“(3)
Before giving a direction under any of subsections (1) to (2B), the

person having power to give the direction must consult the Health and

Safety Commission.”

      (4)
In subsection (6)—

(a)
for the words from “government” to “Ministers” substitute “person”,

and

(b)
after “directions” insert “given by the person”.

65
In section 12(2)(b) (power to revoke or modify hazardous substances

consent)—

(a)
after “planning permission” insert “or development consent”, and

(b)
after “the permission” insert “or development consent”.

66
In section 38(1) (interpretation) at the appropriate place insert—

““development consent” means development consent under the Planning

Act 2008,”.’.

Secretary Hazel Blears

279

Page  136,  line  38  [Schedule  2],  at end insert—

‘Housing and Regeneration Act 2008 (c.)


In section 13(6) of the Housing and Regeneration Act 2008 (power of

Secretary of State to make designation orders) in the definition of “permitted

purposes” at the end insert “, and

(d)
Part 8 of the Planning Act 2008,”.

Consideration of Bill: 25th June 2008
2835

Planning Bill, continued

Secretary Hazel Blears

280

Page  137,  line  2  [Schedule  3],  at end insert—

‘Forestry Act 1967 (c. 10)

A1
The Forestry Act 1967 is amended as follows.

A2  (1)
Section 15 (trees subject to preservation orders under Planning Acts) is

amended as follows.

      (2)
In subsection (1) for “consent under the order” substitute “relevant consent”.

      (3)
After subsection (1) insert—

“(1A)
In subsection (1) “relevant consent” means—

(a)
in the case of trees in England and Wales, consent under tree

preservation regulations;

(b)
in the case of trees in Scotland, consent under the tree

preservation order.”

      (4)
In subsection (5) for the words from “application” to “thereunder” substitute

“relevant application shall be entertained”.

      (5)
After subsection (5) insert—

“(5A)
In subsection (5) “relevant application” means—

(a)
in the case of trees in England and Wales, an application under

tree preservation regulations for consent under the

regulations;

(b)
in the case of trees in Scotland, an application under a tree

preservation order for consent under the order.”

A3
In section 18 (felling directions), in subsection (5) for the words from “shall”

to the end substitute “shall be sufficient authority for the felling,

notwithstanding anything in—

(a)
tree preservation regulations, in the case of trees in England or Wales;

(b)
the tree preservation order, in the case of trees in Scotland.

A4
In section 21 (courses open to person adversely affected by felling direction),

in subsection (7), after “a tree preservation order” insert “, or under tree

preservation regulations,”.

A5
In section 35 (interpretation of Part 2) at the appropriate place insert—

““tree preservation regulations” means regulations made under section

202A(1) of the Town and Country Planning Act 1990;”.

A6  (1)
Schedule 3 (proceedings under Town and Country Planning Acts in relation to

tree preservation orders) is amended as follows.

      (2)
In paragraph 2—

(a)
for “under the said Acts” substitute “under the Town and Country

Planning (Scotland) Act 1997”,

(b)
omit the words from “section 77” to “(for Scotland)”,

(c)
for “provisions of the said Acts” substitute “provisions of that Act”,

and

(d)
omit “the said section 77 or (for Scotland)”.

      (3)
After paragraph 2 insert—

“2A(1)
Where under section 15(2)(a) an application, on being referred to

the appropriate national authority, falls to be dealt with under the

Town and Country Planning Act 1990, the appropriate national

authority must decide the application as if it were an application for

Consideration of Bill: 25th June 2008
2836

Planning Bill, continued

consent for the felling of trees made under tree preservation

regulations.

      (2)
In this paragraph, “the appropriate national authority” means—

(a)
the Secretary of State in relation to England;

(b)
the Welsh Ministers in relation to Wales.”.

      (4)
In paragraph 3—

(a)
for “the Town and Country Planning Acts” substitute “the Town and

Country Planning (Scotland) Act 1997”, and

(b)
for “the Town and Country Planning Act 1990 or (for Scotland) the

Town and Country Planning (Scotland) Act 1997” substitute “that

Act”.

      (5)
After paragraph 3 insert—

“3A
Where under section 15(3)(a) an application, on being referred to an

authority who have made a tree preservation order, falls to be dealt

with under the Town and Country Planning Act 1990, the authority

must decide the application as if it were an application for consent

for the felling of trees made under tree preservation regulations.”.’.

Secretary Hazel Blears

281

Page  137,  line  21  [Schedule  3],  leave out from ‘7’ to end of line 24 and insert—

    ‘(1)
Section 210 (penalties for non-compliance with tree preservation order) is

amended as follows.

      (2)
In subsection (1)—

(a)
for “a tree preservation order” substitute “tree preservation

regulations”,

(b)
in paragraph (a) omit the “or” at the end, and

(c)
after paragraph (b) insert—“or

(c)
causes or permits the carrying out of any of the

activities in paragraph (a) or (b),”.

      (3)
In subsection (4), for “a tree preservation order” substitute “tree preservation

regulations”.

      (4)
In the side-note, for “order” substitute “regulations”.’.

Secretary Hazel Blears

282

Page  137,  line  31  [Schedule  3],  at end insert—

‘8A
In section 212 (power to disapply section 211) omit subsection (4).’.

Secretary Hazel Blears

283

Page  138,  line  6  [Schedule  3],  at end insert—

‘Planning and Compensation Act 1991 (c. 34)

14  (1)
Part 1 of Schedule 18 to the Planning and Compensation Act 1991

(compensation provisions that do not provide for interest) is amended as

follows.

Consideration of Bill: 25th June 2008
2837

Planning Bill, continued

      (2)
After the entry for section 186 of the Town and Country Planning Act 1990

insert—

“Section 202E of that Act
Date—

(a)
any consent required by tree preservation

regulations is refused,

(b)
any such consent is granted subject to

conditions, or

(c)
any approval required under such a condition

is refused.”

      (3)
Omit the entries for sections 203 and 204 of the Town and Country Planning

Act 1990.’.

Secretary Hazel Blears

284

Page  148,  line  27  [Schedule  7],  at end insert—

‘Forestry Act 1967 (c. 10)
In paragraph 2 of Schedule 3—

(a)
the words from “section 77” to “(for

Scotland)”, and

(b)
“the said section 77 or (for Scotland)”.’.

Secretary Hazel Blears

285

Page  148,  line  33  [Schedule  7],  at end insert—

‘Section 212(4).’.

Secretary Hazel Blears

286

Page  148,  line  33  [Schedule  7],  at end insert—

‘In section 284(3)(a), “for planning permission”.

Secretary Hazel Blears

287

Page  149,  line  5  [Schedule  7],  column 2, at end insert—

‘Sections 46 to 48.’.

Consideration of Bill: 25th June 2008
2838

Planning Bill, continued

Secretary Hazel Blears

288

Page  149,  line  6  [Schedule  7],  at end insert—

‘Section 122(5)(a).

In section 122(6), “(a),”.

In Schedule 6, paragraph 5.’.

Secretary Hazel Blears

289

Page  149,  line  6  [Schedule  7],  at end insert—

‘Greater London Authority Act
Section 36.’.

2007 (c. 24)

Mrs Jacqui Lait

Mr David Jones

291

Page  149,  line  6  [Schedule  7],  at end insert—

‘Planning-gain Supplement
The whole Act.’.

(Preparations) Act 2007 (c. 2)

Order of the House [10th December 2007]

That the following provisions shall apply to the Planning Bill:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 5th February 2008.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Consideration of Bill: 25th June 2008
2839

Planning Bill, continued

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Planning Bill (Programme) (No. 2) Order [2nd june 2008]

That the Order of 10th December 2007 (Planning Bill (Programme)) be varied as

follows—

1.
Paragraphs 4 and 5 of the Order shall be omitted.

2.
Proceedings on consideration and Third Reading shall be concluded in two

days.

3.
Proceedings on consideration shall be taken on each of those days as shown

in the following Table and in the order so shown.

4.
Each part of the proceedings shall (so far as not previously concluded) be

brought to a conclusion at the time specified in relation to it in the second

column of the table.

First day

Proceedings
Time for conclusion of proceedings

New Clauses, and amendments to
7.30 p.m.

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.

Second day

New Clauses, and amendments to
7.00 p.m.

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
interruption.

Infrastructure Planning Commission or

the Secretary of State in relation to

applications for orders granting

development consent, and remaining

proceedings on consideration.