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| | Page 60 [Clause 115], leave out line 30. |
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| | Page 60, line 32 [Clause 115], after first ‘undertakers’, insert ‘— |
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| | | (a) | which are deemed to be statutory undertakers for the purposes of that Act, |
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| | | by virtue of another enactment; |
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| | Page 60, line 41 [Clause 116], leave out ‘an interest in’. |
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| | Page 60, line 42 [Clause 116], leave out ‘interest’ and insert ‘land’. |
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| | Page 61, line 8 [Clause 116], after ‘undertakers’, insert ‘— |
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| | | (a) | which are deemed to be statutory undertakers for the purposes of that Act, |
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| | | by virtue of another enactment; |
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| | Page 61, line 18 [Clause 117], leave out from ‘applies’ to end of line 20. |
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| | Page 61, line 34 [Clause 117], leave out from beginning to end of line 35. |
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| | Page 61, line 38 [Clause 118], at end insert— |
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| | | ‘(1A) | This section does not apply in a case to which section 119 applies.’. |
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| | Page 61, line 41 [Clause 118], leave out from ‘unless’ to end of line 3 on page 62 |
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| | and insert ‘the Secretary of State— |
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| | | (a) | is satisfied that subsection (3) or (5) applies, and |
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| | | (b) | issues a certificate to that effect.’. |
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| | Page 62, line 10 [Clause 118], leave out subsection (4). |
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| | Page 62, line 13 [Clause 118], leave out ‘209.03’ and insert ‘200’. |
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| | Page 62, line 18 [Clause 118], at end insert— |
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| | | ‘(5A) | If the Secretary of State proposes to issue a certificate under subsection (2), the |
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| | | (a) | give notice of the proposal or direct the person who applied for the order |
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| | | granting development consent to do so, and |
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| | | (b) | give any persons interested in the proposal an opportunity to make |
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| | | representations about the proposal. |
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| | | (5B) | The Secretary of State may also cause a public local inquiry to be held in relation |
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| | | (5C) | The Secretary of State may issue the certificate only after considering— |
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| | | (a) | any representations made about the proposal, and |
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| | | (b) | if an inquiry has been held under subsection (5B), the report of the person |
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| | | (5D) | Notice under subsection (5A)(a) must be given in such form and manner as the |
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| | | Secretary of State may direct. |
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| | | (5E) | If the Secretary of State issues a certificate under subsection (2), the Secretary of |
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| | | (a) | publish in one or more local newspapers circulating in the locality in |
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| | | which the order land is situated a notice in the prescribed form that the |
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| | | certificate has been given, or direct the person who applied for the order |
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| | | granting development consent to do so, and |
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| | | (b) | in a case where a Panel or the Council is the decision-maker, notify the |
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| | | Commission that the certificate has been given, or direct the person who |
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| | | applied for the order granting development consent to do so.’. |
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| | Page 62, line 26 [Clause 118], leave out subsection (7). |
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| | Page 62, line 28 [Clause 118], leave out from ‘“common”’ to end of line 33 and |
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| | insert ‘, “fuel or field garden allotment” and “open space” have the same meanings as in |
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| | section 19 of the Acquisition of Land Act 1981;’. |
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| | Page 62, line 45 [Clause 119], leave out ‘relevant’. |
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| | Page 62, line 45 [Clause 119], after ‘applies’, insert ‘by the creation of a new right |
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| | Page 62, line 45 [Clause 119], leave out from ‘unless’ to end of line 5 on page 63 |
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| | and insert ‘the Secretary of State— |
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| | | (a) | is satisfied that one of subsections (3) to (6) applies, and |
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| | | (b) | issues a certificate to that effect.’. |
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| | Page 63, line 18 [Clause 119], leave out subsection (5). |
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| | Page 63, line 21 [Clause 119], leave out ‘209.03’ and insert ‘200’. |
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| | Page 63, line 27 [Clause 119], at end insert— |
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| | | ‘(6A) | If the Secretary of State proposes to issue a certificate under subsection (2), the |
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| | | (a) | give notice of the proposal or direct the person who applied for the order |
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| | | granting development consent to do so, and |
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| | | (b) | give any persons interested in the proposal an opportunity to make |
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| | | representations about the proposal. |
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| | | (6B) | The Secretary of State may also cause a public local inquiry to be held in relation |
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| | | (6C) | The Secretary of State may issue the certificate only after considering— |
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| | | (a) | any representations made about the proposal, and |
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| | | (b) | if an inquiry has been held under subsection (6B), the report of the person |
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| | | (6D) | Notice under subsection (6A)(a) must be given in such form and manner as the |
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| | | Secretary of State may direct. |
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| | | (6E) | If the Secretary of State issues a certificate under subsection (2), the Secretary of |
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| | | (a) | publish in one or more local newspapers circulating in the locality in |
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| | | which the order land is situated a notice in the prescribed form that the |
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| | | certificate has been given, or direct the person who applied for the order |
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| | | granting development consent to do so, and |
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| | | (b) | in a case where a Panel or the Council is the decision-maker, notify the |
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| | | Commission that the certificate has been given, or direct the person who |
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| | | applied for the order granting development consent to do so.’. |
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| | Page 63, line 29 [Clause 119], leave out ‘relevant’. |
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| | Page 63, line 29 [Clause 119], after ‘applies’, insert ‘by the creation of a new right |
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| | Page 63, line 38 [Clause 119], leave out subsection (8). |
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| | Page 63, line 41 [Clause 119], leave out ‘118’ and insert ‘19 of the Acquisition of |
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| | Page 63, line 44 [Clause 119], leave out ‘relevant’. |
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| | Page 63, line 46 [Clause 119], leave out from beginning to end of line 47. |
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| | Page 64, line 13 [Clause 120], at end insert— |
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| | | ‘(2) | An order granting development consent may include any other provision |
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| | | applying in relation to Crown land, or rights benefiting the Crown, only if the |
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| | | appropriate Crown authority consents to the inclusion of the provision. |
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| | | (3) | The reference in subsection (2) to rights benefiting the Crown does not include |
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| | | rights which benefit the general public. |
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| | | (4) | For the purposes of this section “the Crown” includes— |
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| | | (a) | the Duchy of Lancaster; |
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| | | (b) | the Duchy of Cornwall; |
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| | | (c) | the Speaker of the House of Lords; |
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| | | (d) | the Speaker of the House of Commons; |
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| | | (e) | the Corporate Officer of the House of Lords; |
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| | | (f) | the Corporate Officer of the House of Commons.’. |
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| | That Clause 120 be transferred to the end of line 8 on page 65. |
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| | Page 64, line 20 [Clause 121], leave out from ‘means’ to end of line and insert— |
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| | | (a) | in a case where the order granting development consent |
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| | | authorises the compulsory acquisition of a right over land by the |
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| | | creation of a new right, the land over which the right is to be |
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| | | (b) | in any other case where the order granting development consent |
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| | | authorises the compulsory acquisition of land, the land |
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| | | authorised to be compulsorily acquired;’. |
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| | Page 64, line 21 [Clause 121], leave out from ‘means’ to end of line 22 and |
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| | | (a) | in a case where the order granting development consent |
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| | | authorises the compulsory acquisition of a right over land by the |
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| | | creation of a new right, the person for whose benefit the order |
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| | | authorises the creation of the right; |
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| | | (b) | in any other case where the order granting development consent |
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| | | authorises the compulsory acquisition of land, the person |
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| | | authorised by the order to compulsorily acquire the land.’. |
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| | Page 64, line 43 [Clause 121], at end insert— |
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| | | ‘(aa) | in a case where the order granting development consent authorises the |
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| | | compulsory acquisition of a right over land by the creation of a new right, |
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| | Page 65, line 2 [Clause 121], after ‘authorising’, insert ‘the compulsory acquisition |
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| | of a right over the land by the creation of a right over it or (as the case may be)’. |
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| | Page 65, line 13 [Clause 122], at end insert— |
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| | | ‘(2) | 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) | the order extinguishes a public right of way over the land, and |
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| | | (c) | the right of way is not a right enjoyable by vehicular traffic. |
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| | | (3) | The order granting development consent may not provide for the right of way to |
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| | | be extinguished from a date which is earlier than the date on which the order is |
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| | | |
| | | (4) | Subsection (5) applies if— |
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| | | (a) | the order granting development consent extinguishes the right of way |
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| | | from a date (“the extinguishment date”) which is earlier than the date on |
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| | | which the acquisition of the land is completed, and |
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| | | (b) | at any time after the extinguishment date it appears to the appropriate |
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| | | authority that the proposal to acquire the land has been abandoned. |
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| | | (5) | The appropriate authority must by order direct that the right is to revive. |
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| | | (6) | “The appropriate authority” is— |
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| | | (a) | if the order granting development consent was made by a Panel or the |
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| | | (b) | in any other case, the Secretary of State. |
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| | | (7) | Nothing in subsection (5) prevents the making of a further order extinguishing the |
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| | Page 65, line 22 [Clause 124], at end insert— |
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| | | ‘(2) | An order granting development consent may include provision authorising an |
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| | | electric line to be kept installed above ground only if the decision-maker is |
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| | | satisfied that no person will be exposed to any risk to their health arising from |
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| | | exposure to electric and magnetic fields with a frequency of between 30 and 300 |
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| | Page 65, line 39 [Clause 126], leave out ‘proposed’. |
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| | Page 66, line 2 [Clause 126], leave out ‘proposed’. |
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| | Page 66, line 8 [Clause 126], after ‘construction’, insert ‘or improvement’. |
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| | New Clauses and amendments to clauseS relating to Part 8 |
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| | | The relevant local planning authority |
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| | To move the following Clause:— |
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| | | ‘(1) | This section applies for the purposes of this Part. |
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| | | (2) | The relevant local planning authority in relation to any land is the local planning |
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| | | authority for the area in which the land is situated. |
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| | | | This is subject to subsections (3) to (5). |
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| | | (3) | Subsections (4) and (5) apply if the land is in an area for which there is both a |
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| | | district planning authority and a county planning authority. |
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| | | (4) | If any of the relevant development is the construction or alteration of a hazardous |
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| | | waste facility within section 13(1)(o), the relevant local planning authority is the |
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| | | county planning authority. |
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| | | (5) | In any other case, the relevant local planning authority is the district planning |
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| | | (6) | “The relevant development” is— |
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| | | (a) | if the relevant offence is an offence under section 133 or 134(1)(a), the |
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| | | development referred to in section 133(1) or 134(1)(a); |
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| | | (b) | if the relevant offence is an offence under section 134(1)(b), the |
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| | | development to which the order granting development consent |
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| | | mentioned in section 134(1)(b) relates. |
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| | | (7) | “The relevant offence” is the offence by reference to which a provision of this |
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| | | Part confers a function on a local planning authority.’. |
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| | Page 68, line 25 [Clause 134], at end insert— |
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| | | ‘(1A) | Subsection (1) is subject to sections [Deemed consent under section 34 of the |
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| | | Coast Protection Act 1949](4) and [Deemed licences under Part 2 of the Food |
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| | | and Environment Protection Act 1985](4).’. |
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| | Page 68, line 32 [Clause 135], leave out from ‘133’ to end of line 5 on page 69 and |
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| | insert ‘or 134 after the end of— |
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| | | (a) | the relevant 4-year period, or |
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| | | (b) | if subsection (3) applies, the extended period. |
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| | | (2) | The “relevant 4-year period” means— |
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| | | (a) | in the case of an offence under section 133, the period of 4 years |
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| | | beginning with the date on which the development was substantially |
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| | | (b) | in the case of an offence under section 134, the period of 4 years |
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| | | beginning with the later of— |
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| | | (i) | the date on which the development was substantially completed, |
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| | | (ii) | the date on which the breach or failure to comply occurred. |
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| | | (3) | This subsection applies if during the relevant 4-year period— |
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| | | (a) | an information notice has been served under section 140, or |
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| | | (b) | an injunction has been applied for under section 144. |
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| | | (4) | The “extended period” means the period of 4 years beginning with— |
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| | | (a) | the date of service of the information notice, if subsection (3)(a) applies; |
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| | | (b) | the date of the application for the injunction, if subsection (3)(b) applies; |
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