2687

House of Commons

Notices of Amendments

given up to and including

Monday 23rd June 2008

Consideration of Bill

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Planning Bill, As Amended

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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

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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

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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”).

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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—

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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—

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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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Revised 24 June 2008