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| | Planning Bill, As Amended
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| | | The Amendments have been arranged in accordance with the Planning Bill |
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| | | (Programme) (No. 2) Motion in the name of Secretary Hazel Blears. |
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| | New clauses and amendments to Clauses relating to Parts 3 and 4 |
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| | To move the following Clause:— |
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| | | ‘(1) | Highway-related development is within section 13(1)(g) only if the development |
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| | | (a) | construction of a highway in a case within subsection (2), |
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| | | (b) | improvement of a highway in a case within subsection (3), or |
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| | | (c) | alteration of a highway in a case within subsection (4). |
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| | | (2) | Construction of a highway is within this subsection only if the highway will |
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| | | (when constructed) be wholly in England and— |
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| | | (a) | the Secretary of State will be the highway authority for the highway, or |
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| | | (b) | the highway is to be constructed for a purpose connected with a highway |
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| | | for which the Secretary of State is (or will be) the highway authority. |
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| | | (3) | Improvement of a highway is within this subsection only if— |
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| | | (a) | the highway is wholly in England, |
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| | | (b) | the Secretary of State is the highway authority for the highway, and |
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| | | (c) | the improvement is likely to have a significant effect on the environment. |
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| | | (4) | Alteration of a highway is within this subsection only if— |
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| | | (a) | the highway is wholly in England, |
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| | | (b) | the alteration is to be carried out by or on behalf of the Secretary of State, |
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| | | (c) | the highway is to be altered for a purpose connected with a highway for |
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| | | which the Secretary of State is (or will be) the highway authority.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | Construction of a railway is within section 13(1)(j) only if— |
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| | | (a) | the railway will (when constructed) be wholly in England, |
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| | | (b) | the railway will (when constructed) be part of a network operated by an |
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| | | (c) | the construction of the railway is not permitted development. |
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| | | (2) | Alteration of a railway is within section 13(1)(j) only if— |
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| | | (a) | the part of the railway to be altered is wholly in England, |
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| | | (b) | the railway is part of a network operated by an approved operator, and |
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| | | (c) | the alteration of the railway is not permitted development. |
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| | | (3) | Construction or alteration of a railway is not within section 13(1)(j) to the extent |
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| | | that the railway forms part (or will when constructed form part) of a rail freight |
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| | | (4) | “Approved operator” means a person who meets the conditions in subsections (5) |
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| | | (5) | The condition is that the person must be— |
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| | | (a) | a person who is authorised to be the operator of a network by a licence |
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| | | granted under section 8 of the Railways Act 1993 (licences for operation |
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| | | (b) | a wholly-owned subsidiary of a company which is such a person. |
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| | | (6) | The condition is that the person is designated, or is of a description designated, in |
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| | | an order made by the Secretary of State. |
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| | | “network” has the meaning given by section 83(1) of the Railways Act |
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| | | “permitted development” means development in relation to which planning |
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| | | permission is granted by article 3 of the Town and Country Planning |
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| | | (General Permitted Development) Order 1995; |
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| | | “wholly-owned subsidiary” has the same meaning as in the Companies Act |
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| | | 2006 (see section 1159 of that Act). |
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| | | (8) | The reference in subsection (7) to the Town and Country Planning (General |
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| | | Permitted Development) Order 1995 is to that Order as it has effect immediately |
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| | | before the day on which this section comes fully into force.’. |
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| | Page 7, line 14 [Clause 13], leave out ‘the construction or alteration of an airport’ |
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| | and insert ‘airport-related development’. |
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| | Page 7, line 16 [Clause 13], after ‘construction’, insert ‘or alteration’. |
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| | Page 8, line 12 [Clause 14], leave out ‘or Wales’. |
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| | Page 11, line 10 [Clause 19], after ‘authorisation)’, insert ‘or a pipe-line laid by a |
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| | gas transporter holding a licence pursuant to section 91(a) of the Gas Act 1986 and which |
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| | requires consent under regulation 14 of the Public Gas Transporter Pipe-line Works |
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| | (Environmental Impact Assessment) Regulations 1999’. |
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| | Page 11, line 41, leave out Clause 20. |
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| | Page 12, line 18 [Clause 20], leave out paragraph (a). |
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| | Page 12, line 23 [Clause 20], leave out paragraph (d). |
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| | Page 12, line 30 [Clause 20], leave out ‘trunk road or’. |
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| | Page 12, line 32 [Clause 20], leave out ‘trunk road or’. |
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| | Page 12, line 37 [Clause 20], leave out ‘trunk road or’. |
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| | Page 12, line 38 [Clause 20], leave out ‘trunk road or’. |
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| | Page 12, line 41 [Clause 20], leave out ‘cycle track’. |
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| | Page 12, line 42 [Clause 20], leave out ‘footpath’. |
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| | Page 13, line 1 [Clause 21], at end insert— |
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| | | ‘(A1) | Airport-related development is within section 13(1)(h) only if the development |
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| | | (a) | the construction of an airport in a case within subsection (1), |
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| | | (b) | the alteration of an airport in a case within subsection (3), or |
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| | | (c) | an increase in the permitted use of an airport in a case within subsection |
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| | Page 13, line 2 [Clause 21], leave out ‘The construction of an airport is within |
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| | section 13(1)(h)’ and insert ‘Construction of an airport is within this subsection’. |
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| | Page 13, line 12 [Clause 21], leave out ‘An alteration of an airport is within section |
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| | 13(1)(h)’ and insert ‘Alteration of an airport is within this subsection’. |
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| | Page 13, line 26 [Clause 21], at end insert— |
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| | | ‘(5A) | An increase in the permitted use of an airport is within this subsection only if— |
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| | | (a) | the airport is in England or in English waters, and |
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| | | (b) | the increase is within subsection (5B). |
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| | | (5B) | An increase is within this subsection if— |
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| | | (a) | it is an increase of at least 10 million per year in the number of passengers |
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| | | for whom the airport is permitted to provide air passenger transport |
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| | | (b) | it is an increase of at least 10,000 per year in the number of air transport |
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| | | movements of cargo aircraft for which the airport is permitted to provide |
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| | | air cargo transport services.’. |
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| | Page 13, line 38 [Clause 21], at end insert— |
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| | | ‘“permitted” means permitted by planning permission or development |
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| | Page 15, line 4, leave out Clause 23. |
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| | Page 18, line 19 [Clause 30], at end insert— |
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| | | ‘(c) | an increase in the permitted use of an airport is treated as a material |
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| | | change in the use of the airport.’. |
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| | Page 18, line 40 [Clause 30], at end insert— |
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| | | ‘“permitted” means permitted by planning permission or development |
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| | Page 19 [Clause 31], leave out lines 11 and 12. |
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| | Page 19, line 32 [Clause 31], at end insert— |
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| | | ‘(l) | consent under regulation 14 of the Public Gas Transporter Pipe-line |
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| | | Works (Environmental Impact Assessment) Regulations 1999.’. |
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| | Page 19, line 33 [Clause 31], leave out from second ‘development’ to end of line |
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| | 34 and insert ‘, the development may not be authorised by any of the following—’. |
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| | Page 19, line 42 [Clause 31], leave out ‘of a proposed’ and insert ‘, improvement or |
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| | Page 19, line 43 [Clause 31], leave out from ‘made’ to end of line 44 and insert ‘or |
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| | confirmed in relation to the highway or in connection with the construction, improvement |
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| | or alteration of the highway—’. |
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| | Page 20, line 34 [Clause 33], at end insert ‘, either by itself or when considered |
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| | with one or more other projects or proposed projects in one or more of the fields specified |
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| | New Clauses and amendments to clauses relating to Part 7 |
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| | | Land to which authorisation of compulsory acquisition can relate |
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| | To move the following Clause:— |
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| | | ‘(1) | An order granting development consent may include provision authorising the |
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| | | compulsory acquisition of land only if the decision-maker is satisfied that one of |
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| | | the conditions in subsections (2) to (4) is met. |
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| | | (2) | The condition is that the application for the order included a request for |
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| | | compulsory acquisition of the land to be authorised. |
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| | | (3) | The condition is that all persons with an interest in the land consent to the |
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| | | inclusion of the provision. |
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| | | (4) | The condition is that the prescribed procedure has been followed in relation to the |
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| | | Rights in connection with underground gas storage facilities |
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| | To move the following Clause:— |
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| | | ‘(1) | This section applies if— |
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| | | (a) | the development to which an order granting development consent relates |
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| | | is development within section 13(1)(c), and |
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| | | (b) | the order authorises the compulsory acquisition of one or more rights |
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| | | (a) | a right to store gas in underground gas storage facilities; |
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| | | (b) | a right to stop up a well, borehole or shaft, or prevent its use by another |
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| | | (c) | a right of way over land. |
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| | | (3) | If the right within subsection (2) is an existing right to store gas in underground |
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| | | gas storage facilities, this Act has effect in relation to the compulsory acquisition |
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| | | of the right with the omission of section 118. |
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| | | (4) | If the order authorises the compulsory acquisition of the right by the creation of |
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| | | a new right within subsection (2), this Act has effect in relation to the compulsory |
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| | | acquisition of the right with the omission of sections 114 to 119.’. |
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| | | Public rights of way: statutory undertakers’ apparatus etc. |
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| | To move the following Clause:— |
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| | | ‘(1) | The following provisions of this section apply if— |
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| | | (a) | an order granting development consent makes provision for the |
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| | | acquisition of land, compulsorily or by agreement, |
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| | | (b) | a public right of way exists over the land, |
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| | | (c) | the right of way is not a right enjoyable by vehicular traffic, and |
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| | | (d) | the right of way is over land falling within subsection (2). |
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| | | (2) | Land falls within this subsection if it is land on, over or under which there is— |
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| | | (a) | apparatus belonging to statutory undertakers, or |
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| | | (b) | electronic communications apparatus kept installed for the purposes of |
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| | | an electronic communications code network. |
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| | | (3) | The order granting development consent may include provision for the right of |
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| | | way to be extinguished only if the undertakers or the operator of the network (as |
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| | | the case may be) consent to the inclusion of the provision. |
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| | | (4) | The consent referred to in subsection (3)— |
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| | | (a) | may be given subject to the condition that there are included in the order |
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| | | such provisions for the protection of the undertakers or the operator (as |
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| | | the case may be) as they may reasonably require, and |
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| | | (b) | must not be unreasonably withheld. |
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