|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 110, line 2 [Clause 178], leave out ‘collects’ and insert ‘charges’. |
|
| | |
| | |
| | | |
| | Page 110, line 32 [Clause 178], at end insert— |
|
| | | ‘(d) | require authorities to use best endeavours to deliver the infrastructure |
|
| | | |
| | | (e) | require all other providers of infrastructure involved in the delivery of |
|
| | | infrastructure funded by CIL to use best endeavours to assist in delivering |
|
| | | |
| | |
| | |
| | | |
| | Page 111, line 1 [Clause 178], leave out ‘the’ and insert ‘actual or expected’. |
|
| | |
| | | |
| | Page 111, line 25 [Clause 179], at end insert— |
|
| | | ‘(7) | Regulations under this section may make provision about the source of payments |
|
| | | in respect of Crown interests.’. |
|
| | |
| | | |
| | Page 111, line 29 [Clause 180], leave out ‘and the regulations may,’ and insert— |
|
| | | ‘(2A) | The regulations may,’. |
|
| | |
| | | |
| | Page 111, line 36 [Clause 180], at end insert— |
|
| | | ‘(ea) | conferring a power of entry onto land; |
|
| | | (eb) | requiring the provision of information;’. |
|
| | |
| | | |
| | Page 111, line 39 [Clause 180], after ‘information’, insert ‘or failure to provide |
|
| | |
| | |
| | | |
| | Page 111, line 40 [Clause 180], at end insert— |
|
| | | ‘(fa) | conferring power to prosecute an offence;’. |
|
| | |
| | | |
| | Page 111, line 42 [Clause 180], at end insert— |
|
|
| |
| | |
| | |
| |
| | | ‘(h) | conferring jurisdiction on a court to grant injunctive or other relief to |
|
| | | enforce a provision of the regulations (including a provision included in |
|
| | | reliance on this section).’. |
|
| | |
| | |
| | | |
| | Page 112, line 3 [Clause 180], at end insert— |
|
| | | ‘(4) | Regulations under this section creating a criminal offence may not provide for— |
|
| | | (a) | a maximum fine exceeding £20,000 on summary conviction, |
|
| | | (b) | a maximum term of imprisonment exceeding 6 months on summary |
|
| | | |
| | | (c) | a maximum term of imprisonment exceeding 2 years on conviction on |
|
| | | |
| | | (5) | The Secretary of State may by order amend subsection (4) to reflect |
|
| | | commencement of section 283 of the Criminal Justice Act 2003.’. |
|
| | |
| | | |
| | Page 112, line 3 [Clause 180], at end insert— |
|
| | | ‘(4) | In this Part a reference to administrative expenses in connection with CIL |
|
| | | includes a reference to enforcement expenses.’. |
|
| | |
| | | |
| | Page 112, line 34 [Clause 182], leave out from ‘include’ to ‘amending’ in line 35 |
|
| | and insert ‘provision of a kind permitted by section 190(3)(b) (and incidental, |
|
| | supplemental or consequential provision may include provision disapplying, modifying |
|
| | |
| | |
| | |
| | | |
| | Page 113, line 4 [Clause 183], after ‘charging’, insert ‘or other’. |
|
| | |
| | | |
| | Page 113, line 5 [Clause 183], leave out ‘charging’. |
|
| | |
| | | |
| | Page 113, line 11 [Clause 183], after ‘effectiveness’, insert ‘, or increasing the |
|
| | |
| | |
| | new clauses and amendments to clauses relating to functions of the |
|
|
| |
| | |
| | |
| |
| | infrastructure planning commission of the secretary of state in |
|
| | relation to applications for orders granting development consent |
|
| | | Intervention: defence and national security |
|
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘Section 103 applies by virtue of this section if— |
|
| | | (a) | an application is made for an order granting development consent, |
|
| | | (b) | the Commission has accepted the application and has received a |
|
| | | certificate under section 55(2) in relation to the application, and |
|
| | | (c) | the Secretary of State is satisfied that intervention by the Secretary of |
|
| | | State would be in the interests of defence or national security.’. |
|
| | |
| | | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | This section applies if the Secretary of State gives a direction under section |
|
| | | 103(1) in relation to an application. |
|
| | | (2) | The Secretary of State has the functions of— |
|
| | | (a) | examining the application, and |
|
| | | (b) | deciding the application. |
|
| | | (3) | The Secretary of State may discharge the function of examining the application |
|
| | | |
| | | (a) | directing the Commission to examine such matters as may be specified |
|
| | | by the Secretary of State; |
|
| | | (b) | conducting an examination of any matters in relation to which a direction |
|
| | | under paragraph (a) is not given. |
|
| | | (4) | Schedule [Examination of applications by Secretary of State] makes provision in |
|
| | | relation to the Secretary of State’s function of examining an application under this |
|
| | | |
| | | (5) | An examination under subsection (3)(a) is to be conducted in accordance with |
|
| | | paragraph 1 of Schedule [Examination of applications by Secretary of State]. |
|
| | | (6) | An examination under subsection (3)(b) is to be conducted in accordance with |
|
| | | paragraph 2 of Schedule [Examination of applications by Secretary of State]. |
|
| | | (7) | Rules under paragraph 3 of Schedule [Examination of applications by Secretary |
|
| | | of State] must provide for a deadline for the completion by the Secretary of State |
|
| | | |
| | | (a) | the examination of the application under subsection (2)(a); |
|
| | | (b) | the examination of any matters under subsection (3)(b). |
|
| | | (8) | The Secretary of State’s examination of the application is a statutory inquiry for |
|
| | | the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 |
|
| | | (functions etc. of Administrative Justice and Tribunals Council). |
|
|
| |
| | |
| | |
| |
| | | (9) | Subsection (5) of section 250 of the Local Government Act 1972 (provisions |
|
| | | about costs applying where Minister causes a local inquiry to be held) applies in |
|
| | | relation to the Secretary of State’s examination of the application as it applies in |
|
| | | relation to an inquiry under that section, but with references to the Minister |
|
| | | causing the inquiry to be held being read as references to the Secretary of State. |
|
| | | | This is subject to subsection (10). |
|
| | | (10) | Subsections (6) to (8) of section 210 of the Local Government (Scotland) Act |
|
| | | 1973 (provisions about expenses applying where Minister causes a local inquiry |
|
| | | to be held) apply in relation to the Secretary of State’s examination of the |
|
| | | application in so far as relating to a hearing held in Scotland as they apply in |
|
| | | relation to an inquiry under that section, but with references to the Minister |
|
| | | causing the inquiry to be held being read as references to the Secretary of State. |
|
| | | (11) | In subsection (10) “hearing” means— |
|
| | | (a) | any meeting or hearing that the Secretary of State causes to be held for |
|
| | | the purposes of the Secretary of State’s examination of the application, or |
|
| | | |
| | |
| | | Development for which development consent may be granted |
|
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | Development consent may be granted for development which is— |
|
| | | (a) | development for which development consent is required, or |
|
| | | (b) | associated development. |
|
| | | (2) | “Associated development” means development which— |
|
| | | (a) | is associated with the development within subsection (1)(a) (or any part |
|
| | | |
| | | (b) | is not the construction or extension of one or more dwellings, and |
|
| | | (c) | is within subsection (3) or (3). |
|
| | | (3) | Development is within this subsection if it is to be carried out wholly in one or |
|
| | | more of the following areas— |
|
| | | |
| | | (b) | waters adjacent to England up to the seaward limits of the territorial sea; |
|
| | | (c) | in the case of development in the field of energy, a Renewable Energy |
|
| | | Zone, except any part of a Renewable Energy Zone in relation to which |
|
| | | the Scottish Ministers have functions. |
|
| | | (4) | Development is within this subsection if— |
|
| | | (a) | it is to be carried out wholly in Wales, |
|
| | | (b) | it is the carrying out or construction of surface works, boreholes or pipes, |
|
| | | |
| | | (c) | the development within subsection (1)(a)with which it is associated is |
|
| | | development within section 16(3). |
|
| | | (5) | To the extent that development consent is granted for associated development, |
|
| | | section 31 applies to the development as it applies to development for which |
|
| | | development consent is required. |
|
|
| |
| | |
| | |
| |
| | | (6) | In deciding whether development is associated development, a Panel or the |
|
| | | Council must have regard to any guidance issued by the Secretary of State.’. |
|
| | |
| | | Independent third party oversight of consultation |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | The provisions of this section apply to Chapter 2 of Part 5 of this Act. |
|
| | | (2) | The Commission shall appoint for each applicant an independent third party (“the |
|
| | | third party”) to oversee the pre-application procedure. |
|
| | | (3) | The third party shall advise the applicant as to the appropriate form of |
|
| | | consultation to be set out in the applicant’s statement under section 45(1) of this |
|
| | | |
| | | (4) | The applicant shall have regard to advice given by the third party under |
|
| | | |
| | | (5) | The third party may undertake to carry out any such consultation under section |
|
| | | 45(7) of this Act, on behalf of the applicant, as the third party considers |
|
| | | |
| | | (6) | The Secretary of State shall agree arrangements to meet the cost of consultation |
|
| | | undertaken by the third party under subsection (5). |
|
| | | (7) | The Commission may make arrangements on behalf of the Secretary of State |
|
| | | |
| | | (8) | Costs agreed under subsection (6) may be met by— |
|
| | | |
| | | |
| | | (c) | the Secretary of State. |
|
| | | (9) | Subsection (7) shall not apply where costs are to be met by the Secretary of State |
|
| | | under subsection (8)(c), except where the Secretary of State has indicated |
|
| | | |
| | |
| | |
| | |
| | | |
| | Page 1, line 5 [Clause 1], at end insert ‘for the purpose of advising the Secretary of |
|
| | State on applications for orders granting development consent’. |
|
| | |
| | |
| | | |
| | Page 1, line 7 [Clause 1], at end insert— |
|
|
| |
| | |
| | |
| |
| | | ‘(2A) | Decisions taken by the Commission as part of any function conferred on it shall |
|
| | | be subject to confirmation by the Secretary of State.’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 21, line 41 [Clause 35], leave out ‘Commission’ and insert ‘Secretary of |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 22, line 27 [Clause 36], leave out ‘Commission’ and insert ‘Secretary of |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 22, line 28 [Clause 36], leave out ‘its’ and insert ‘the’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 23, line 30 [Clause 40], after ‘application’, insert ‘and seek to resolve any |
|
|
| |
| | |
| | |
| |
| | issues which they may raise’. |
|
| | |
| | |
| | | |
| | Page 23, line 32 [Clause 40], at end insert— |
|
| | | ‘(ba) | statutory environment agencies’. |
|
| | |
| | | |
| | Page 24, line 34 [Clause 42], after ‘means’, insert ‘a claim by a person who after |
|
| | diligent enquiry is found to have’. |
|
| | |
| | | |
| | Page 24, line 37 [Clause 42], at end insert ‘or’. |
|
| | |
| | | |
| | Page 24, line 40 [Clause 42], leave out from ‘works)’ to end of line 41. |
|
| | |
| | |
| | |
| | | |
| | Page 30, line 12 [Clause 52], at end insert ‘has accepted no more than 40 |
|
| | applications in the previous twelve months and’. |
|
| | |
| | |
| | | |
| | Page 30, line 37 [Clause 52], leave out ‘notify the applicant of the acceptance’ and |
|
| | |
| | | ‘(a) | notify the applicant of the acceptance, |
|
| | | (b) | commission and fund an assessment by the relevant local planning |
|
| | | authority, or authorities, of— |
|
| | | (i) | whether the development proposed in the application is in |
|
| | | accordance with the principles set out in the authority’s (or, as |
|
| | | the case may be, authorities’) local development documents as |
|
| | | defined in section 17 of the Planning and Compulsory Purchase |
|
| | | |
| | | (ii) | the likely impact of the application on residents within the local |
|
| | | |
| | | (iii) | whether the application takes reasonable consideration of |
|
| | | persons residing in the relevant local planning authority area; |
|
| | | (iv) | any other matter which the relevant planning authority considers |
|
| | | |
| | | (6A) | A local planning authority is relevant under subsection (6) if any of the locations |
|
| | | in the application is in the authority’s area.’. |
|
|
