House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 2nd June 2008
2445

Planning Bill, continued

Secretary Hazel Blears

250

Page  118,  line  20  [Clause  193],  leave out ‘has the same meaning as in’ and insert

‘and “harbour authority” have the meanings given by’.

Secretary Hazel Blears

251

Page  118,  line  25  [Clause  193],  at end insert—

‘“improvement”, in relation to a highway, has the meaning given by section

329(1) of the Highways Act 1980;’.

Secretary Hazel Blears

252

Page  118,  line  29  [Clause  193],  leave out from ‘to’ to end of line 31 and insert ‘Part

7 must be read in accordance with section [Interpretation: land and rights over land].

Secretary Hazel Blears

253

Page  119,  line  10  [Clause  193],  leave out ‘or proposed highway’.

Secretary Hazel Blears

254

Page  119,  line  15  [Clause  193],  leave out ‘or proposed highway’.

Secretary Hazel Blears

255

Page  119,  line  23  [Clause  193],  at end insert—

‘(2)
A reference in this Act to a right over land includes a reference to a right to do, or

to place and maintain, anything in, on or under land or in the air-space above its

surface.’.

Secretary Hazel Blears

256

Page  119,  line  23  [Clause  193],  at end insert—

‘(2)
Subsection (3) applies to the question of which parts of waters up to the seaward

limits of the territorial sea—

(a)
are adjacent to Wales (and, in consequence, are not adjacent to England),

or

(b)
are not adjacent to Wales (and, in consequence, are adjacent to England).

(3)
The question is to be determined by reference to an order or Order in Council

made under or by virtue of section 158(3) or (4) of the Government of Wales Act

2006 (apportionment of sea areas) if, or to the extent that, the order or Order in

Council is expressed to apply—

(a)
by virtue of this subsection, for the purposes of this Act, or

(b)
if no provision has been made by virtue of paragraph (a), for the general

or residual purposes of that Act.

(4)
Subsection (5) applies to the question of which parts of waters up to the seaward

limits of the territorial sea—

Consideration of Bill: 2nd June 2008
2446

Planning Bill, continued

(a)
are adjacent to Scotland (and, in consequence, are not adjacent to

England), or

(b)
are not adjacent to Scotland (and, in consequence, are adjacent to

England).

(5)
The question is to be determined by reference to an Order in Council made under

section 126(2) of the Scotland Act 1998 if, or to the extent that, the Order in

Council is expressed to apply—

(a)
by virtue of this subsection, for the purposes of this Act, or

(b)
if no provision has been made by virtue of paragraph (a), for the general

or residual purposes of that Act.’.

Secretary Hazel Blears

257

Page  119,  line  25  [Clause  194],  leave out ‘following modifications’ and insert

‘modifications set out in Schedule [Application of Act to Scotland: modifications]’.

Secretary Hazel Blears

258

Page  119,  line  27  [Clause  194],  leave out subsections (2) to (13).

Secretary Hazel Blears

259

Page  121,  line  16  [Clause  195],  at end insert—

‘(6)
In this section any reference to an Act (other than this Act) includes a reference

to an Act of the Scottish Parliament.’.

Secretary Hazel Blears

260

Page  121,  line  31  [Clause  198],  leave out ‘section 165’ and insert ‘sections 165,

166, [Power to make provision in relation to Wales] and [Wales: transitional provision in

relation to blighted land]’.

Secretary Hazel Blears

261

Page  121,  line  32  [Clause  198],  at end insert—

‘(1A)
Section [Grants for advice and assistance: Scotland](1) and (2) extend to

Scotland only.’.

Secretary Hazel Blears

262

Page  122,  line  5  [Clause  199],  at end insert—

‘(za)
the provisions of Parts 1 to 8 which—

(i)
confer power to make orders (other than orders granting

development consent), regulations or rules, or

(ii)
make provision about what is (or is not) permitted to be done, or

what is required to be done, in the exercise of any such power;’.

Consideration of Bill: 2nd June 2008
2447

Planning Bill, continued

Secretary Hazel Blears

263

Page  122,  line  7  [Clause  199],  at end insert—

‘(1A)
Nothing in subsection (1)(za) affects the operation of section 13 of the

Interpretation Act 1978 in relation to this Act.’.

Secretary Hazel Blears

264

Page  122,  line  13  [Clause  199],  leave out from ‘153’ to the end and insert ‘[Power

to decline to determine applications: amendments], 160, 163(1) and (3), 164, 165, 169 to

172;

(aa)
paragraphs 1, 2(1) and (2), 3(1), (2) and (4) and 4 to 6 of Schedule [Power

to decline to determine applications: amendments];

(ab)
Schedules 3 and 6;’.

Secretary Hazel Blears

265

Page  122,  line  21  [Clause  199],  at end insert—

‘(4A)
Section [Wales: transitional provision in relation to blighted land] comes into

force in accordance with subsection (5) of that section.’.

Secretary Hazel Blears

266

Page  122,  line  22  [Clause  199],  leave out ‘Section 173 comes’ and insert ‘Sections

166(2) to (5), 173, [Power to make provision in relation to Wales] and [Community

Infrastructure Levy: repeals] (together with related entries in Schedule 7), and paragraph

7 of Schedule [Power to decline to determine applications: amendments], come’.

new schedules

Secretary Hazel Blears

NS1

To move the following Schedule:—

‘Examination of applications by Secretary of State

Examination of matters by Commission: procedure

1    (1)
This paragraph applies if—

(a)
the Secretary of State gives a direction under section 103(1) in relation

to an application, and

(b)
for the purpose of the examination of the application under section

[Effect of intervention](2)(a), the Secretary of State gives a direction

under section [Effect of intervention](3)(a) for specified matters to be

examined by the Commission.

      (2)
The Commission must secure that—

(a)
an examination of the specified matters is conducted by a Panel or a

single Commissioner, and

Consideration of Bill: 2nd June 2008
2448

Planning Bill, continued

(b)
a report is made by the Panel or Commissioner to the Secretary of

State setting out the Panel or Commissioner’s findings and

conclusions on those matters.

      (3)
The Panel or single Commissioner must—

(a)
complete the examination under sub-paragraph (2)(a) by the end of the

period specified by the Secretary of State, and

(b)
report under sub-paragraph (2)(b) by the end of the period specified by

the Secretary of State.

      (4)
The Secretary of State may direct that things done in connection with the

examination of the application under Chapter 2 or 3 of Part 6 are to be treated

as done in connection with the examination under sub-paragraph (2)(a).

      (5)
The following provisions of Part 6 apply in relation to the specified matters as

if for references to an application for an order granting development consent

there were substituted references to the specified matters —

(a)
in Chapter 1, sections 56(2) to (5), 57 and 58;

(b)
in Chapter 2, sections 59 (except subsection (1)(a)), 60 to 68, 69(2) to

(4) and 70 to 72;

(c)
in Chapter 3, sections 73 (except subsection (1)(a)), 74 to 77, and 78

(except subsection (2)(a));

(d)
in Chapter 4, sections 81 to 91 and 93 to 95.

      (6)
As applied by sub-paragraph (5), those provisions apply—

(a)
with any necessary modifications, and

(b)
with such other modifications as may be prescribed.

Examination of matters by Secretary of State: procedure

2    (1)
This paragraph applies if—

(a)
the Secretary of State gives a direction under section 103(1) in relation

to an application, and

(b)
for the purpose of the examination of the application under section

[Effect of intervention](2)(a), the Secretary of State is to conduct an

examination of any matters under section [Effect of

intervention](3)(b).

      (2)
It is for the Secretary of State to decide how to conduct the examination under

section [Effect of intervention](3)(b).

      (3)
The Secretary of State may in particular decide that all or part of the

examination is to take the form of—

(a)
consideration of written representations;

(b)
consideration of oral representations at a hearing.

      (4)
The Secretary of State may treat things done in connection with the

examination of the application under Chapter 2 or 3 of Part 6 as done in

connection with the examination under section [Effect of intervention](3)(b).

      (5)
Sub-paragraph (6) applies if—

(a)
the direction under section 103(1) is given by virtue of section

[Intervention: defence and national security],

(b)
the Secretary of State has decided that all or part of the examination is

to take the form of consideration of oral representations at a hearing,

and

(c)
the Secretary of State is satisfied that—

(i)
the making of particular representations at the hearing would

be likely to result in the disclosure of information as to

defence or national security, and

Consideration of Bill: 2nd June 2008
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Planning Bill, continued

(ii)
the public disclosure of that information would be contrary to

the national interest.

      (6)
The Secretary of State may direct that representations of a specified

description may be made only to persons of a specified description (instead of

being made in public).

      (7)
“Specified” means specified in the direction.

      (8)
The Secretary of State’s powers under sub-paragraphs (2) to (4) are subject

to—

(a)
sub-paragraphs (5) to (7), and

(b)
any rules made under paragraph 3.

      (9)
In this paragraph “representation” includes evidence.

Rules

3    (1)
The Lord Chancellor or (if sub-paragraph (2) applies) the Secretary of State,

after consultation with the Administrative Justice and Tribunals Council, may

make rules regulating the procedure to be followed in connection with the

Secretary of State’s examination of an application under section [Effect of

intervention].

      (2)
This sub-paragraph applies if the development to which the application relates

(or part of the development) is the construction of an oil or gas cross-country

pipe-line—

(a)
one end of which is in England or Wales, and

(b)
the other end of which is in Scotland.

      (3)
Rules under sub-paragraph (1) may make provision for or in connection with

authorising the Secretary of State, alone or with others, to enter onto land,

including land owned or occupied otherwise than by the applicant, for the

purpose of inspecting the land as part of the Secretary of State’s examination.

      (4)
Rules under sub-paragraph (1) may regulate procedure in connection with

matters preparatory to the Secretary of State’s examination, and in connection

with matters subsequent to the examination, as well as in connection with the

conduct of the examination.

      (5)
Power under this paragraph to make rules includes power to make different

provision for different purposes.

      (6)
Power under this paragraph to make rules is exercisable by statutory

instrument.

      (7)
A statutory instrument containing rules under this paragraph is subject to

annulment pursuant to a resolution of either House of Parliament.

Appointed representatives

4    (1)
Sub-paragraph (2) applies if the Secretary of State gives a direction under

paragraph 2(6) for representations of a specified description to be made only

to persons of a specified description (instead of being made in public).

      (2)
The Attorney General or (where the representations are to be made in

Scotland) the Advocate General for Scotland may appoint a person (an

“appointed representative”) to represent the interests of an interested party

who (by virtue of the direction) is prevented from being present when the

representations are made.

      (3)
“Interested party” means a person who is an interested party in relation to the

application for the purposes of Chapter 4 of Part 6 (see section 95).

      (4)
Rules under paragraph 3 may make provision as to the functions of an

appointed representative.

Consideration of Bill: 2nd June 2008
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Planning Bill, continued

      (5)
The Secretary of State may direct a person (a “responsible person”) to pay the

fees and expenses of an appointed representative, if the Secretary of State

thinks that the responsible person is interested in the hearing in relation to any

representations that are the subject of the direction under paragraph 2(6).

      (6)
If the Secretary of State gives a direction under sub-paragraph (5) and the

appointed representative and the responsible person are unable to agree the

amount of the fees and expenses, the amount must be determined by the

Secretary of State.

      (7)
The Secretary of State must cause the amount agreed between the appointed

representative and the responsible person, or determined by the Secretary of

State, to be certified.

      (8)
An amount so certified is recoverable from the responsible person as a civil

debt.’.

Secretary Hazel Blears

NS2

To move the following Schedule:—

‘Correction of errors in development consent decisions

Correction of errors

1    (1)
This paragraph applies if—

(a)
the decision-maker makes an order granting development consent, or

refuses development consent, and

(b)
the decision document contains a correctable error.

      (2)
The decision document is—

(a)
in the case of an order granting development consent, the order;

(b)
in the case of a refusal of development consent, the document

recording the refusal.

      (3)
A correctable error is an error or omission which—

(a)
is in a part of the decision document which records the decision, and

(b)
is not part of the statement of reasons for the decision.

      (4)
The appropriate authority may correct the error or omission if (but only if), the

conditions in sub-paragraphs (5) and (7) are met.


This is subject to sub-paragraph (8).

      (5)
The condition is that, before the end of the relevant period—

(a)
the appropriate authority receives a written request to correct the error

or omission from any person, or

(b)
the appropriate authority sends a statement in writing to the applicant

which explains the error or omission and states that the appropriate

authority is considering making the correction.

      (6)
The relevant period is—

(a)
if the decision document is an order granting development consent, the

period specified in section 108(1)(b);

(b)
if the decision document is the document recording a refusal of

development consent, the period specified in section 108(2)(b).

      (7)
The condition is that the appropriate authority informs each relevant local

planning authority that the request mentioned in sub-paragraph (5)(a) has been

Consideration of Bill: 2nd June 2008
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Planning Bill, continued

received or the statement mentioned in sub-paragraph (5)(b) has been sent (as

the case may be).

      (8)
The power conferred by sub-paragraph (4) may not be exercised in relation to

provision included in an order granting development consent by virtue of any

of paragraphs 27 to 30 of Schedule [Provision relating to, or to matters

ancillary to, development] (deemed consent under Coast Protection Act 1949

and deemed licences under Food and Environment Protection Act 1985).

Correction notice

2    (1)
If paragraph 1(5)(a) or (b) applies the appropriate authority must issue a notice

in writing (a “correction notice”) which—

(a)
specifies the correction of the error or omission, or

(b)
gives notice of the decision not to correct the error or omission.

      (2)
The appropriate authority must issue the correction notice as soon as

practicable after making the correction or deciding not to make the correction.

      (3)
The appropriate authority must give the correction notice to—

(a)
the applicant,

(b)
each person who was an interested party in relation to the application

for the order granting development consent for the purposes of

Chapter 4 of Part 6 (see section 95),

(c)
each relevant local planning authority, and

(d)
if the correction was requested by any other person, that person.

      (4)
The Secretary of State may by order specify any other person or description of

person to whom a correction notice must be given.

Effect of a correction

3    (1)
If a correction is made in pursuance of paragraph 1—

(a)
the original decision and the decision document containing it continue

in force, and

(b)
the decision document is treated as corrected as specified in the

correction notice issued under paragraph 2 with effect from the date

the correction notice is issued.

      (2)
If a correction is not made—

(a)
the original decision continues to have full force and effect, and

(b)
nothing in this Schedule affects anything done in pursuance of or in

respect of the original decision.

      (3)
“The original decision” means the decision to—

(a)
make an order granting development consent, or

(b)
refuse development consent.

Interpretation

4
In this Schedule—

“applicant” means the person who applied for the order granting

development consent to which the decision relates;

“appropriate authority” means—

(f)
the Commission where the decision-maker is a Panel or the

Council;

(g)
the Secretary of State where the decision-maker is the Secretary

of State;