House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 2nd June 2008
2396

Planning Bill, continued

(c)
the later (or latest) of those dates, if both paragraphs (a) and (b) of

subsection (3) apply.’.

Secretary Hazel Blears

168

Page  69,  line  8  [Clause  136],  leave out ‘if a’ and insert ‘in relation to any land if the

relevant’.

Secretary Hazel Blears

169

Page  69,  line  10  [Clause  136],  leave out ‘any’ and insert ‘the’.

Secretary Hazel Blears

170

Page  69,  line  11  [Clause  136],  after ‘the’, insert ‘relevant’.

Secretary Hazel Blears

171

Page  69,  line  29  [Clause  137],  leave out ‘a’ and insert ‘the relevant’.

Secretary Hazel Blears

172

Page  70,  line  22  [Clause  140],  leave out ‘If it appears to a’ and insert ‘This section

applies in relation to any land if it appears to the relevant’.

Secretary Hazel Blears

173

Page  70,  line  23  [Clause  140],  leave out ‘any land, it’ and insert ‘the land.

(1A)
The relevant local planning authority’.

Secretary Hazel Blears

174

Page  70,  line  38  [Clause  140],  after ‘the’, insert ‘relevant’.

Secretary Hazel Blears

175

Page  71,  line  20  [Clause  142],  after ‘133’, insert ‘committed on or in respect of any

land’.

Secretary Hazel Blears

176

Page  71,  line  21  [Clause  142],  after ‘The’, insert ‘relevant’.

Consideration of Bill: 2nd June 2008
2397

Planning Bill, continued

Secretary Hazel Blears

177

Page  71,  line  28  [Clause  142],  after ‘134’, insert ‘committed on or in respect of any

land’.

Secretary Hazel Blears

178

Page  71,  line  29  [Clause  142],  after ‘The’, insert ‘relevant’.

Secretary Hazel Blears

179

Page  72,  line  3  [Clause  143],  after fourth ‘the’, insert ‘relevant’.

Secretary Hazel Blears

180

Page  72,  line  14  [Clause  143],  after ‘the’, insert ‘relevant’.

Secretary Hazel Blears

181

Page  72,  line  34  [Clause  143],  leave out ‘a’ and insert ‘the relevant’.

Secretary Hazel Blears

182

Page  73,  line  2  [Clause  144],  after ‘134’, insert ‘in relation to land in the area of the

local planning authority’.

Secretary Hazel Blears

183

Page  73,  line  9  [Clause  145],  after ‘Scilly’, insert ‘in relation to land in the

Council’s area’.

Consideration of Bill: 2nd June 2008
2398

Planning Bill, continued

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

Correction of errors in development consent decisions

Secretary Hazel Blears

NC14

To move the following Clause:—

‘Schedule [Correction of errors in development consent decisions] (correction of

errors in development consent decisions) has effect.’.

Changes to, and revocation of, orders granting development consent

Secretary Hazel Blears

NC25

To move the following Clause:—

‘Schedule [Changes to, and revocation of, orders granting development consent]

(changes to, and revocation of, orders granting development consent) has effect.’.

Secretary Hazel Blears

113

Page  55,  line  23  [Clause  108],  at end insert—

‘(3A)
A court may entertain proceedings for questioning a decision under paragraph 1

of Schedule [Correction of errors in development consent decisions] in relation

to an error or omission in a decision document only if—

(a)
the proceedings are brought by a claim for judicial review, and

(b)
the claim form is filed during the period of 6 weeks beginning with the

day on which a correction notice in respect of the error or omission is

issued under paragraph 2 of that Schedule.

(3B)
A court may entertain proceedings for questioning a decision under paragraph

2(1) of Schedule [Changes to, and revocation of, orders granting development

consent] to make a change to an order granting development consent only if—

(a)
the proceedings are brought by a claim for judicial review, and

(b)
the claim form is filed during the period of 6 weeks beginning with the

day on which notice of the change is given under paragraph 2(7)(b) of

that Schedule.

(3C)
A court may entertain proceedings for questioning a decision under paragraph

3(1) of Schedule [Changes to, and revocation of, orders granting development

consent] to make a change to, or revoke, an order granting development consent

only if—

(a)
the proceedings are brought by a claim for judicial review, and

Consideration of Bill: 2nd June 2008
2399

Planning Bill, continued

(b)
the claim form is filed during the period of 6 weeks beginning with the

day on which notice of the change or revocation is given under paragraph

4(5) of that Schedule.’.

Secretary Hazel Blears

166

Page  68,  line  25  [Clause  134],  at end insert—

‘(1B)
It is a defence for a person charged with an offence under this section to prove

that—

(a)
the breach or failure to comply occurred only because of an error or

omission in the order, and

(b)
a correction notice specifying the correction of the error or omission has

been issued under paragraph 2 of Schedule [Correction of errors in

development consent decisions].’.

Secretary Hazel Blears

246

Page  116,  line  40  [Clause  190],  at end insert—

‘(aa)
a power to make changes to, or revoke, an order granting development

consent;’.

new clauses and amendments to clauses relating to part 2

Parliamentary requirements

Secretary Hazel Blears

NC8

To move the following Clause:—

‘(1)
This section sets out the parliamentary requirements referred to in sections 5(4)

and 6(4).

(2)
The Secretary of State must lay the proposal before Parliament.

(3)
In this section “the proposal” means—
5
(a)
the statement that the Secretary of State proposes to designate as a

national policy statement for the purposes of this Act, or

(b)
(as the case may be) the proposed amendment.

(4)
Subsection (5) applies if, during the relevant period—

(a)
either House of Parliament makes a resolution with regard to the
10
proposal, or

(b)
a committee of the House of Commons makes recommendations with

regard to the proposal.

Consideration of Bill: 2nd June 2008
2400

Planning Bill, continued

(5)
The Secretary of State must lay before Parliament a statement setting out the

Secretary of State’s response to the resolution or recommendations.
15
(6)
The relevant period is the period specified by the Secretary of State in relation to

the proposal.

(7)
The Secretary of State must specify the relevant period in relation to the proposal

on or before the day on which the proposal is laid before Parliament under

subsection (2).’.

As an Amendment to Secretary Hazel Blears’s proposed New Clause (Parliamentary

requirements) (NC8):—

Mr Clive Betts

(a)

Line  3,  at end insert ‘once the consultation and publicity requirements detailed in

section 7 have been complied with’.

Climate change

Mr David Drew

Mr Paul Truswell

John McDonnell

Mr John Gummer

Dan Rogerson

Mr Tim Yeo

Total signatories: 15

NC1

To move the following Clause:—

‘(1)
A statement may only be designated under section 5 if the Secretary of State is

satisfied that (taken as a whole) the policies in the statement contribute to the

mitigation of, and adaptation to, climate change.

(2)
A statement designated under section 5 must contain a statement to the effect that

it is the Secretary of State’s view that the requirement of subsection (1) is

satisfied.’.

Mrs Jacqui Lait

Mr David Jones

52

Page  3,  line  6  [Clause  5],  leave out ‘and’.

Mrs Jacqui Lait

Mr David Jones

53

Page  3,  line  8  [Clause  5],  at end insert ‘, and

(c)
has been approved by both Houses of Parliament.’.

Consideration of Bill: 2nd June 2008
2401

Planning Bill, continued

Secretary Hazel Blears

72

Page  3,  line  16  [Clause  5],  after ‘7’, insert ‘, and the parliamentary requirements set

out in section [Parliamentary requirements],’.

Secretary Hazel Blears

73

Page  3,  line  34  [Clause  5],  after ‘statement’, insert ‘, and

(b)
lay a national policy statement before Parliament.’.

Secretary Hazel Blears

74

Page  4,  line  7  [Clause  6],  after ‘7’, insert ‘, and the parliamentary requirements set

out in section [Parliamentary requirements],’.

Secretary Hazel Blears

75

Page  4,  line  14  [Clause  6],  after ‘published’, insert ‘, and

(b)
lay the amendment, or the statement as amended, before Parliament.’.

Mr Richard Benyon

3

Page  4,  line  27  [Clause  7],  at end insert—

‘(4A)
The Secretary of State must consult with such organisations as appear to the

Secretary of State to be able to advise appropriately on the risks to health arising

from the policy set out in the national policy statement.’.

Mrs Jacqui Lait

Mr David Jones

54

Page  5,  line  16  [Clause  9],  at end insert ‘, including the reduction of and adaptation

to climate change’.

John McDonnell

Mr David Drew

Mr Paul Truswell

Frank Cook

Kelvin Hopkins

Kate Hoey

Total signatories: 7

67

Page  5,  line  32,  leave out Clause 11.

Consideration of Bill: 2nd June 2008
2402

Planning Bill, continued

Secretary Hazel Blears

76

Page  6,  line  3  [Clause  11],  at end insert—

‘(3A)
The Secretary of State may take account of things done before the

commencement day for the purpose of complying with the requirements of

section [Parliamentary requirements].’.

New clauses and amendments to clauses relating to Chapter 2 of Part 9

Power to decline to determine applications: amendments

Secretary Hazel Blears

NC30

To move the following Clause:—

‘Schedule [Power to decline to determine applications: amendments] (power to

decline to determine applications: amendments) has effect.’.

Power to make provision in relation to Wales

Secretary Hazel Blears

NC31

To move the following Clause:—

‘(1)
The Welsh Ministers may by order make provision—

(a)
which has an effect in relation to Wales that corresponds to the effect an

England-only provision has in relation to England;

(b)
conferring power on the Welsh Ministers to do anything in relation to

Wales that corresponds to anything the Secretary of State has power to

do by virtue of an England-only provision.

(2)
The England-only provisions are—

section 152 (correction of errors in decisions);

section 155 (determination of planning applications by officers);

section 156 (determination of applications for certificates of lawful use or

development by officers);

section 157 (validity of decisions made on reviews);

section 158 (determination of listed building applications by officers);

section 161 (removal of right to compensation where notice given of

withdrawal of planning permission);

section 162 (power to make non-material changes to planning permission);

section 166(1) and Schedule 4 (use of land: power to override easements

and other rights);

section 167 (applications and appeals by statutory undertakers);

section 168 and Schedule 5 (determination of procedure for certain

proceedings);