House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 2nd June 2008
2410

Planning Bill, continued

Mrs Jacqui Lait

Mr David Jones

307

Page  77,  line  39  [Clause  149],  leave out ‘regional development agency’ and insert

‘local authority’.

Mrs Jacqui Lait

Mr David Jones

308

Page  78  [Clause  149],  leave out lines 1 to 28.

Mrs Jacqui Lait

Mr David Jones

290

Page  84,  line  2  [Clause  155],  at end insert—

‘(7)
A local planning authority may arrage for the discharge of their functions under

this section by a panel of elected members drawn from other local planning

authorities.’.

Mr David Drew

2

Page  84,  line  37  [Clause  155],  at end insert—

‘(2A)
In section 78 (appeals to the Secretary of State against planning decisions and

failure to take such decisions) after subsection (2) insert—

“(2A)
Where a local planning authority approves an application for planning

permission and—

(a)
the planning application does not accord with the provisions of

the development plan in force in the area in which the land to

which the application relates is situated;

(b)
the planning application is one in which the local authority has

an interest as defined in section 316;

(c)
the planning application falls within the definition of “major

applications”, as defined by a person appointed by the Secretary

of State for that purpose;

(d)
the planning application is accompanied by an Environmental

Impact Assessment; or

(e)
the planning officer has recommended refusal of planning

permission,


certain persons as specified in subsection (2B) below may by notice

appeal to the Secretary of State.

(2B)
Persons who may by notice appeal to the Secretary of State against the

approval of planning permission in the circumstances specified in

subsection (2A) above are—

(a)
any persons who have lodged a formal objection to the planning

application in writing to the planning authority for the area in

which the land to which the application relates is situated;

Consideration of Bill: 2nd June 2008
2411

Planning Bill, continued

(b)
other persons at the discretion of a person appointed by the

Secretary of State for that purpose.”.

(2B)
In section 79—

(a)
in subsection (2), leave out “either” and after “planning authority” insert

“or the applicant (where different from the appellant)”;

(b)
in subsection (6), after “the determination”, insert “(except for appeals as

defined in section 78(2A) and where the appellant is as defined in section

78(2B))”.’.

Secretary Hazel Blears

190

Page  85,  line  2  [Clause  155],  at end insert—

‘(za)
the local planning authority, or a committee or sub-committee of

the authority, have decided to determine the application

themselves (by virtue of section 75A(6)),’.

Secretary Hazel Blears

191

Page  88,  line  22  [Clause  156],  at end insert—

‘(za)
the local planning authority, or a committee or sub-committee of

the authority, have decided to determine the application

themselves (by virtue of section 193A(6)),’.

Secretary Hazel Blears

192

Page  92,  line  34  [Clause  158],  at end insert—

‘(za)
the local planning authority, or a committee or sub-committee of

the authority, have decided to determine the application

themselves (by virtue of section 19A(6)),’.

Secretary Hazel Blears

193

Page  93,  line  12,  leave out Clause 159.

Mr David Curry

329

Page  93,  line  34  [Clause  161],  after ‘(3B)’, insert ‘Subject to subsection (3C),’.

Consideration of Bill: 2nd June 2008
2412

Planning Bill, continued

Mr David Curry

323

Page  93,  line  36  [Clause  161],  after second ‘development’, insert ‘within the

curtilage of a dwelling house’.

Secretary Hazel Blears

194

Page  93,  line  40  [Clause  161],  leave out from ‘order,’ to end of line 4 on page 94

and insert—

‘(b)
notice of the revocation, amendment or directions was published in the

prescribed manner not less than 12 months or more than the prescribed

period before the revocation, amendment or directions (as the case may

be) took effect, and

(c)
either—

(i)
the development authorised by the order had not started before

the notice was published, or

(ii)
the order includes provision in pursuance of section 61D

permitting the development to be completed after the permission

is withdrawn.”’.

Mr David Curry

330

Page  94,  line  4  [Clause  161],  at end add—

‘(3C)
For the purposes of subsection (3B) the Secretary of State may by order prescribe

the development orders, or the classes of development described as permitted

development in those orders, to which that subsection applies.’.

Secretary Hazel Blears

195

Page  94,  line  24  [Clause  162],  at end insert—

‘(5A)
Subsection (5B) applies in relation to an application under subsection (4) made

by or on behalf of a person with an interest in some, but not all, of the land to

which the planning permission relates.

(5B)
The application may be made only in respect of so much of the planning

permission as affects the land in which the person has an interest.’.

Secretary Hazel Blears

196

Page  95,  line  11  [Clause  163],  leave out from ‘(a)’ to end of line 12 and insert ‘omit

“for planning permission”.’.

Consideration of Bill: 2nd June 2008
2413

Planning Bill, continued

Secretary Hazel Blears

197

Page  97,  line  13  [Clause  164],  at end insert—

‘(c)
conditions limiting the duration of the consent.’.

Secretary Hazel Blears

198

Page  97,  line  21  [Clause  164],  at end insert—

‘(4A)
In relation to any tree planted in pursuance of a condition within subsection

(4)(a), tree preservation regulations may make provision —

(a)
for the tree preservation order concerned to apply to the tree;

(b)
authorising the person imposing the condition to specify that the tree

preservation order concerned is not to apply to the tree.

(4B)
“The tree preservation order concerned” is the order in force in relation to the tree

in respect of which consent is given under tree preservation regulations.’.

Secretary Hazel Blears

199

Page  99,  line  19  [Clause  166],  at end insert—

‘(2)
The Welsh Ministers may by order amend Schedule 4 to the Welsh Development

Agency Act 1975 for the purpose of authorising the use in accordance with

planning permission of land acquired under section 21A of that Act, even if the

use involves—

(a)
interference with an interest or right to which paragraph 6 of that

Schedule applies, or

(b)
a breach of a restriction as to the user of land arising by virtue of a

contract.

(3)
The power to make an order under subsection (2) is exercisable by statutory

instrument.

(4)
The power includes—

(a)
power to make different provision for different purposes (including

different areas);

(b)
power to make incidental, consequential, supplementary, transitional or

transitory provision or savings.

(5)
No order may be made under subsection (2) unless a draft of the instrument

containing the order has been laid before, and approved by resolution of, the

National Assembly for Wales.’.

Consideration of Bill: 2nd June 2008
2414

Planning Bill, continued

new clauses and amendments relating to part 11

Community Infrastructure Levy: procedure

Secretary Hazel Blears

NC33

To move the following Clause:—

‘(1)
CIL regulations may include provision about procedures to be followed in

connection with CIL.

(2)
In particular, the regulations may make provision about—

(a)
procedures to be followed by a charging authority proposing to begin

charging CIL;

(b)
procedures to be followed by a charging authority proposing to stop

charging CIL;

(c)
consultation;

(d)
the publication or other treatment of reports;

(e)
timing and methods of publication;

(f)
making documents available for inspection;

(g)
providing copies of documents (with or without charge);

(h)
the form and content of documents;

(i)
giving notice;

(j)
serving notices or other documents;

(k)
examinations to be held in public in the course of setting or revising rates

or other criteria or of preparing lists;

(l)
the terms and conditions of appointment of independent persons;

(m)
remuneration and expenses of independent persons (which may be

required to be paid by the Secretary of State or by a charging authority);

(n)
other costs in connection with examinations;

(o)
reimbursement of expenditure incurred by the Secretary of State

(including provision for enforcement);

(p)
apportionment of costs;

(q)
combining procedures in connection with CIL with procedures for

another purpose of a charging authority (including a purpose of that

authority in another capacity).

(3)
A provision of this Part conferring express power to make procedural provision

in a specified context includes, in particular, power to make provision about the

matters specified in subsection (2).

(4)
Sections 187 to 189 do not apply to this Part (but CIL regulations may make

similar provision).’.

Community Infrastructure Levy: repeals

Secretary Hazel Blears

NC34

To move the following Clause:—

Consideration of Bill: 2nd June 2008
2415

Planning Bill, continued

‘The following provisions of the Planning and Compulsory Purchase Act 2004

(c. 5) shall cease to have effect—

(a)
sections 46 to 48 (planning contribution), and

(b)
paragraph 5 of Schedule 6 (repeal of sections 106 to 106B of the Town

and Country Planning Act 1990 (c. 8) (planning obligations)).’.

Secretary Hazel Blears

200

Page  107,  line  26  [Clause  175],  leave out from ‘specify’ to end of line 27 and insert

‘the authorities which may charge CIL, each of which must be’.

Mrs Jacqui Lait

Mr David Jones

57

Page  107,  line  27  [Clause  175],  leave out ‘In particular’.

Mrs Jacqui Lait

Mr David Jones

58

Page  107,  line  27  [Clause  175],  after ‘may’, insert ‘only’.

Secretary Hazel Blears

201

Page  107,  line  28  [Clause  175],  at end insert ‘or Part 2 of the PCPA 2004),’.

Mrs Jacqui Lait

Mr David Jones

59

Page  107  [Clause  175],  leave out lines 32 to 35.

Secretary Hazel Blears

202

Page  107,  line  33  [Clause  175],  at end insert ‘, or’.

Secretary Hazel Blears

203

Page  107,  line  34  [Clause  175],  leave out from ‘London,’ to end of line 35.

Dan Rogerson

Tom Brake

309

Page  108,  line  10  [Clause  176],  leave out from ‘it,’ to end of line 13 and insert—

‘(c)
the amount of CIL is determined contingent on a projected time period

during which development will take place, with particular reference to

when development is expected to complete (“the completion date”), and

Consideration of Bill: 2nd June 2008
2416

Planning Bill, continued

(d)
charging authorities may reassess the amount of CIL payable if

development is not complete more than 12 months after the completion

date.’.

Mr Clive Betts

314

Page  108,  line  13  [Clause  176],  at end insert ‘, and

(d)
CIL is not payable by incorporated companies whose primary purpose is

the provision and operation of infrastructure and whose profits are

applied solely for that purpose.’.

Mrs Jacqui Lait

Mr David Jones

293

Page  108  [Clause  176],  leave lines 35 to 37.

Mrs Jacqui Lait

Mr David Jones

295

Page  108,  line  42  [Clause  177],  leave out ‘determining the amount of CIL’ and

insert ‘those authorities empowered to charge CIL to determine the amount of CIL by

reference to rates or criteria in a development plan document’.

Mrs Jacqui Lait

Mr David Jones

296

Page  108,  line  43  [Clause  177],  leave out subsection (2).

Mrs Jacqui Lait

Mr David Jones

294

Page  109,  line  13  [Clause  177],  leave out paragraph (b) and insert—

‘(b)
to have regard to not prejudicing the supply of land planned in the

development plan;’.

Secretary Hazel Blears

204

Page  109,  line  21  [Clause  177],  at end insert—

‘(da)
to have regard, to the extent and in the manner specified by the

regulations, to other actual or expected sources of funding for

infrastructure;’.

Secretary Hazel Blears

205

Page  109,  line  45  [Clause  177],  after ‘for’, insert ‘differential rates, which may

include provision for supplementary charges, increased rates or’.