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2687

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Monday 23rd June 2008

 

Consideration of Bill


 

Planning Bill, As Amended


 

Note

 

The Amendments have been arranged in accordance with the Planning Bill

 

(Programme) (No. 2) Order [2nd June 2008].

 


 

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;


 
 

Notices of Amendments: 23rd June 2008                  

2688

 

Planning Bill, continued

 
 

(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);

 

paragraphs 2(3) and (4) and 3(3) of Schedule [Power to decline to determine

 

applications: amendments].

 

(3)    

Before an England-only provision is brought into force—

 

(a)    

the reference in subsection (1)(a) to the effect an England-only provision

 

has is to be read as a reference to the effect the provision would have, if

 

it were in force;

 

(b)    

the reference in subsection (1)(b) to anything the Secretary of State has

 

power to do by virtue of an England-only provision is to be read as a

 

reference to anything the Secretary of State would have power to do by

 

virtue of the provision, if it were in force.

 

(4)    

The Welsh Ministers may by order make provision for the purpose of reversing

 

the effect of any provision made in exercise of the power conferred by subsection

 

(1).

 

(5)    

The Secretary of State may make an order in consequence of an order under

 

subsection (1) for the purpose of ensuring that an England-only provision

 

continues to have (or will when brought into force have) the effect in relation to

 

England that it would have had if the order under subsection (1) had not been

 

made.

 

(6)    

An order under this section may amend, repeal, revoke or otherwise modify a

 

provision of—

 

(a)    

an Act, or

 

(b)    

an instrument made under an Act.

 

(7)    

The powers of the Welsh Ministers to make orders under this section are

 

exercisable by statutory instrument.

 

(8)    

Those powers include—

 

(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.


 
 

Notices of Amendments: 23rd June 2008                  

2689

 

Planning Bill, continued

 
 

(9)    

No order may be made by the Welsh Ministers under this section unless a draft of

 

the instrument containing the order has been laid before, and approved by

 

resolution of, the National Assembly for Wales.’.

 


 

Wales: transitional provision in relation to blighted land

 

Secretary Hazel Blears

 

NC32

 

To move the following Clause:—

 

‘(1)    

During the transitional period the repeal by PCPA 2004 of paragraphs 1 to 4 of

 

Schedule 13 to TCPA 1990 in relation to Wales is subject to subsection (2).

 

(2)    

That repeal does not affect anything which is required or permitted to be done for

 

the purposes of Chapter 2 of Part 6 of TCPA 1990 (interests affected by planning

 

proposals: blight) in relation to land falling within any of paragraphs 1, 2, 3 and

 

4 of Schedule 13 to TCPA 1990.

 

(3)    

The transitional period is the period during which—

 

(a)    

in the case of land falling within paragraph 1 of Schedule 13 to TCPA

 

1990, a structure plan continues to be or to be comprised in the

 

development plan for an area in Wales by virtue of Part 3 of Schedule 5

 

to the Local Government (Wales) Act 1994 and Part 1A of Schedule 2 to

 

TCPA 1990;

 

(b)    

in the case of land falling within paragraph 2 of Schedule 13 to TCPA

 

1990, a local plan continues to be or to be comprised in the development

 

plan for an area in Wales by virtue of Part 3 of Schedule 5 to the Local

 

Government (Wales) Act 1994 and Part 1A of Schedule 2 to TCPA 1990;

 

(c)    

in the case of land falling within paragraphs 3 or 4 of Schedule 13 to

 

TCPA 1990, a unitary development plan continues to form part of the

 

development plan for an area in Wales by virtue of article 3(1) and (2) of

 

the PCPA No.6 Order 2005.

 

(4)    

In this section “PCPA No.6 Order 2005” means the Planning and Compulsory

 

Purchase Act 2004 (Commencement No.6, Transitional Provisions and Savings)

 

Order 2005 (S.I. 2005/2847).

 

(5)    

This section is deemed to have come into force on the same day as the repeal of

 

paragraphs 1 to 4 of Schedule 13 to TCPA 1990 came into force in relation to

 

Wales (see Article 2(e) and (g) of the PCPA No.6 Order 2005).’.

 


 

Evidence on applications, appeals and inquiries

 

Mr Richard Benyon

 

NC2

 

To move the following Clause:—

 

‘After section 323 of the Town and Country Planning Act 1990 there is inserted—


 
 

Notices of Amendments: 23rd June 2008                  

2690

 

Planning Bill, continued

 
 

“323A

Evidence on applications, appeals and inquiries

 

(1)    

If an applicant for planning permission or any director, servant, agent or

 

person on the applicant’s behalf, for the purpose of procuring a grant of

 

planning permission—

 

(a)    

knowingly or recklessly makes a statement which is false or

 

misleading in a material particular;

 

(b)    

with intent to deceive, uses any document which is false or

 

misleading in a material particular; or

 

(c)    

with intent to deceive, withholds any material information,

 

    

he shall be guilty of an offence.

 

(2)    

If any person, for the purpose of procuring a particular decision on an

 

appeal, application which it has been directed should be referred to the

 

Secretary of State or on proceedings for the confirmation of an order by

 

the Secretary of State, under this Act—

 

(a)    

knowingly or recklessly makes a statement which is false or

 

misleading in a material particular;

 

(b)    

with intent to deceive, uses any document which is false or

 

misleading in a material particular; or

 

(c)    

with intent to deceive, withholds any material information,

 

    

he shall be guilty of an offence.

 

(3)    

A person guilty of an offence under subsection (1) or (2) shall be liable—

 

(a)    

on summary conviction, to a fine not exceeding the statutory

 

maximum; or

 

(b)    

on conviction on indictment, to imprisonment for a term not

 

exceeding two years, or a fine, or both.

 

(4)    

Any person giving expert evidence, whether orally or in writing, to an

 

inquiry or hearing held under this Act shall make a declaration that the

 

evidence they give shall be their professional opinion.”’.

 


 

Amendment of the Town and Country Planning Act 1990

 

Andrew Stunell

 

Dan Rogerson

 

Mr Elfyn Llwyd

 

NC3

 

To move the following Clause:—

 

‘(1)    

The Town and Country Planning Act 1990 (c. 8) is amended as follows.

 

(2)    

After section 71A insert—

 

“71B  

Telecommunications masts: precautionary principle statement

 

(1)    

Every application for planning permission for telecommunications masts

 

and associated apparatus shall be accompanied by a precautionary

 

principle statement (“the statement”).


 
 

Notices of Amendments: 23rd June 2008                  

2691

 

Planning Bill, continued

 
 

(2)    

A local planning authority on receipt of an application for planning

 

permission for telecommunications masts and associated apparatus, and

 

on the receipt of a notice of appeal, shall—

 

(a)    

make copies of the statement available for inspection, and

 

(b)    

indicate how representations can be made in respect of the

 

statement,

 

in such manner as may be prescribed by regulations.

 

(3)    

A local planning authority in considering an application for planning

 

permission for telecommunications masts and associated apparatus, or

 

the Secretary of State on an appeal against a determination or non-

 

determination, shall not make a decision until it, or he, has first taken into

 

account the information contained within the statement and any

 

representations received in respect of that information.

 

(4)    

Where the statement indicates that there is a threat of damage to health or

 

the environment, it shall not be a ground for granting planning

 

permission that there is a lack of full scientific certainty about the extent

 

of the threat of damage to health or the environment.

 

71C    

Telecommunications masts: beam of greatest intensity certificate

 

(1)    

Every application for planning permission for telecommunications masts

 

and associated apparatus shall be accompanied by a certificate (“the

 

certificate”) which sets out—

 

(a)    

the area and maximum range of the beam of greatest intensity,

 

(b)    

the minimum and maximum distances at ground level of the

 

beam of greatest intensity,

 

(c)    

an explanation of the way in which the intensity of radiation falls

 

off with distance from an antennae and of the level of the

 

intensity of radiofrequency radiation,

 

(d)    

an indication of where the beam of greatest intensity falls and the

 

nearest and farthest distance from the antenna to these points.

 

(2)    

A local planning authority on receipt of an application for planning

 

permission for telecommunications masts and associated apparatus, and

 

on the receipt of a notice of appeals shall—

 

(a)    

make copies of the certificate available for inspection, and

 

(b)    

indicate how representations can be made,

 

in such manner as may be prescribed by regulations.

 

(3)    

Where a beam of greatest intensity falls on any part of any premises or

 

land occupied by or consisting of an educational or medical facility, or of

 

residential property, planning permission shall not be granted before first

 

taking into account the information contained within the certificate, and

 

any representations received in respect of that information.

 

(4)    

For the purposes of section 71B and this section—

 

   “beam of greatest intensity” means where the greatest exposure to the

 

  radiofrequency radiation signal occurs;

 

   “educational facility” means any premises used for the education of

 

  children and young adults, whether such education is full or part time,

 

  and includes a nursery school;

 

   “electronic communications code” means the code set out in Schedule 2

 

  to the Telecommunications Act 1984;

 

    “exempted apparatus” means—


 
 

Notices of Amendments: 23rd June 2008                  

2692

 

Planning Bill, continued

 
 

(a)    

a public call box, or

 

(b)    

an antenna which cannot be used for receiving a signal

 

transmitted from a telecommunications mast, and

 

(c)    

radio equipment which cannot be used in connection with a

 

telecommunications mast;

 

   “medical facility” means any premises used for medical treatment or

 

  care;

 

   “precautionary principle statement” means a statement accompanying

 

  an application for planning permission for telecommunications masts

 

  and associated apparatus which describes the effect upon the

 

  environment or human health which might arise from the installation

 

  or use of the telecommunications masts and associated apparatus;

 

   “telecommunications masts and associated apparatus” has the same

 

  meaning as the term “electronic communications apparatus” in the

 

  electronic communications code, except that the definition of that term

 

  does not include exempted apparatus.”.’.

 


 

Amendment of the Town and Country Planning (General Permitted Development) Order

 

1995, etc.

 

Andrew Stunell

 

Dan Rogerson

 

Mr Elfyn Llwyd

 

NC4

 

To move the following Clause:—

 

‘(1)    

The Town and Country Planning (General Permitted Development) Order 1995

 

(S.I. 1995/418) is amended in accordance with subsections (2) to (6).

 

(2)    

In Article 1(2) (interpretation), at the appropriate place in alphabetical order,

 

insert—

 

““electronic communications code” means the code set out in Schedule 2 to

 

the Telecommunications Act 1984;

 

“exempted apparatus” means—

 

(a)    

a public call box, or

 

(b)    

an antenna which cannot be used for receiving a signal

 

transmitted from a telecommunications mast, and

 

(c)    

radio equipment which cannot be used in connection with a

 

telecommunications mast;

 

“telecommunications masts and associated apparatus” has the same

 

meaning as the term “electronic communications apparatus” in the

 

electronic communications code except that the definition of that term

 

does not include exempted apparatus.”

 

(3)    

In Part 2 of Schedule 2 (minor operations) at end insert—

 

         

“Class D

 

Permitted development

 

D          

Development which consists of—


 
 

Notices of Amendments: 23rd June 2008                  

2693

 

Planning Bill, continued

 
 

(a)    

the use of land by or on behalf of an electronic

 

communications code operator for a period not exceeding 3

 

months to provide access for and station temporary moveable

 

telecommunications masts and associated apparatus, which is

 

required for the sole purpose of temporarily replacing

 

unserviceable telecommunications masts and associated

 

apparatus; or

 

(b)    

the replacement of telecommunications masts and associated

 

apparatus, including associated equipment and structures and

 

the provision of means of access, which is required for the

 

operation of the Electronic Communications Code Operator’s

 

system where such existing telecommunications masts and

 

associated apparatus has become unserviceable.

 

Development not permitted

 

D1         

Development is not permitted by Class D if the telecommunications

 

masts and associated apparatus are not of the same type and capacity

 

as the unserviceable masts and associated apparatus they are to

 

replace.

 

Interpretation of Class D

 

D2         

For the purposes of Class D “moveable telecommunications masts and

 

associated apparatus” means masts and apparatus attached to a

 

vehicle, trailer or moveable structure.”.

 

(4)    

In Part 17 of Schedule 2 (development by statutory undertakers), in paragraph A1

 

(development not permitted), after subparagraph (c) insert “or

 

(d)    

telecommunications masts and associated apparatus.”

 

(5)    

Part 24 of Schedule 2 (development by electronic communications code

 

operators) is revoked.

 

(6)    

Part 25 of Schedule 2 (other telecommunications development) is revoked.

 

(7)    

The Town and Country Planning (General Permitted Development)

 

(Amendment) (England) Order 2001 (S.I. 2001/2718) is revoked.

 

(8)    

The Town and Country Planning (General Permitted Development)

 

(Amendment) (Wales) Order 2002 (S.I. 2002/1878) is revoked.’.

 


 

Appeals against enforcement notices

 

Dan Rogerson

 

Tom Brake

 

NC36

 

To move the following Clause:—

 

‘(1)    

Section 174 of the Town and Country Planning Act 1990 is amended as follows.

 

(2)    

In subsection (2) omit paragraph (a).’.

 



 
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