House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Notices of Amendments: 23rd June 2008
2722

Planning Bill, continued

(i)
medical or health related purposes, or

(ii)
education, including use as a nursery; and

(b)
any land or premises, which has been the subject of a

compulsory purchase made under the powers granted by

section 118 of the Communications Act 2003 shall revert to

the original owner.

      (2)
On an application made by the properly constituted body, at the end of

a period of no fewer than 28 days starting with the date of the serving

of the notice under sub-paragraph (1), the County Court shall make an

order for—

(a)
the discontinuance of use and the removal of all

telecommunications masts and associated apparatus and

equipment, and

(b)
the reversion of any land or premises set out in the notice.

      (3)
On the granting of an order under this paragraph, the County Court

shall order that—

(a)
all transmissions from telecommunications masts and

associated apparatus which is the subject of the order shall

cease at the end of a period not to exceed 28 days, and

(b)
all equipment shall be removed within a period not to exceed

3 months from the date of the order.

      (4)
No compensation shall be payable to the operator of the

telecommunications masts and associated apparatus as a result of any

order made by a Court under this paragraph.

      (5)
For the purposes of this paragraph—

   “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;

   “a properly constituted body” means—

(a)
in relation to a medical facility, its management committee or

proprietor,

(b)
in relation to an educational establishment other than a nursery

or private education establishment, its governing body, and

(c)
in relation to a nursery or private education establishment, its

governing body, management committee, or proprietor;

   “telecommunications masts and associated apparatus” has the same

meaning as the term “electronic communications apparatus” except that

the definition of that term does not include exempted apparatus.”.’.

Notices of Amendments: 23rd June 2008
2723

Planning Bill, continued

Amendment of the Communications Act 2003

Andrew Stunell

Dan Rogerson

Mr Elfyn Llwyd

NC6

To move the following Clause:—

‘(1)
The Communications Act 2003 (c. 21) is amended as follows.

(2)
In section 119(2) (power of Ofcom to give assistance in relation to certain

proceedings), at end insert “or

(c)
any application under paragraphs 5A, 17 and 21 of that code.”

(3)
In paragraph 1 of Schedule 4 (interpretation) at the appropriate place in

alphabetical order, insert—

““educational establishment” means any premises used solely or partly for

the education of children or young adults, and includes schools, colleges

and nurseries and all buildings and grounds of such establishments;

“medical facility” means a facility used for medical purposes, whether such

use is for residential or short-duration treatment or examination;”.

(4)
In paragraph 3(1) of Schedule 4 (compulsory purchase of land: England), after the

words “in England and Wales” insert the words “other than land that is owned or

used by a medical facility or educational establishment”.

(5)
In paragraph 4(1) of Schedule 4 (compulsory purchase of land: Scotland), after

the words “in Scotland” insert the words “other than land that is owned or used

by a medical facility or educational establishment”.

(6)
In paragraph 5(1) of Schedule 4 (compulsory purchase of land: Northern Ireland),

after the words “in Northern Ireland” insert the words “other than land that is

owned or used by a medical facility or educational establishment”.’.

Notice of persons interested in land to which compulsory acquisition request relates

Mr Clive Betts

NC40


To move the following Clause:—

‘(1)
This section applies where—

(a)
the Commission has accepted an application for an order granting

development consent, and

(b)
the application includes a request for an order granting development

consent to authorise compulsory acquision of land or of an interest in or

right over land (a “compulsory acquisition request”).

(2)
The applicant must give to the Commission a notice specifying the names, and

such other information as may be prescribed, of each affected person.

(3)
Notice under subsection (2) must be given in such form and manner as may be

prescribed.

Notices of Amendments: 23rd June 2008
2724

Planning Bill, continued

(4)
A person is an “affected person” for the purposes of this section if the applicant,

after making diligent inquiry, knows that the person is interested in the land to

which the compulsory acquisition request relates or any part of that land.’.

Compulsory acquisition hearings

Mr Clive Betts

NC41


To move the following Clause:—

‘(1)
This section applies where the application includes a request for an order granting

development consent to authorise compulsory acquisition of land or of an interest

in or right over land (a “compulsory acquisition request”).

(2)
The Examining authority must fix, and cause each affected person to be informed

of, the deadline by which an affected person must notify the Commission that the

person wishes a compulsory acquisition hearing to be held.

(3)
If the Commission receives notification from at least one affected person before

the deadline, the Examining authority must cause a compulsory acquisition

hearing to be held.

(4)
At a compulsory acquisition hearing, the following are entitled (subject to the

Examining authority’s powers of control over the conduct of the hearing) to make

oral representations about the compulsory acquisition request—

(a)
the applicant;

(b)
each affected person.

(5)
A person is an “affected person” for the purposes of this section if the person’s

name has been given to the Commission in a notice under section [Notice of

persons interested in land to which compulsory acquisition request relates].’.

Local impact reports

Mr Clive Betts

NC42


To move the following Clause:—

‘(1)
Subsection (2) applies where the Commission—

(a)
has accepted an application for an order granting development consent,

and

(b)
has received—

(i)
a certificate under section (2) in relation to the application, and

(ii)
where section [Notice of persons interested in land to which

compulsory acquisition request relates] applies, a notice under

that section in relation to the application.

(2)
The Commission must give notice in writing to each of the following, inviting

them to submit a local impact report to it—

(a)
each authority which, in relation to the application, is a relevant local

authority within the meaning given by section (5), and

Notices of Amendments: 23rd June 2008
2725

Planning Bill, continued

(b)
the Greater London Authority if the land to which the application relates,

or any part of it, is in Greater London.

(3)
A “local impact report” is a report in writing giving details of the likely impact of

the proposed development in the authority’s area (or any part of that area).

(4)
“The proposed development” is the development for which the application seeks

development consent.

(5)
A notice under subsection (2) must specify the deadline for receipt by the

Commission of the local impact report.

(6)
The deadline is the deadline for completion of the examination of the application

by a Panel or a single Commissioner (see section).’.

Secretary Hazel Blears

93

Page  28,  line  28  [Clause  50],  after ‘it’, insert ‘or right over it’.

Secretary Hazel Blears

94

Page  28,  line  34  [Clause  50],  after ‘land’, insert ‘or an interest in it or right over it’.

Secretary Hazel Blears

95

Page  43,  line  9  [Clause  82],  after ‘land’, insert ‘or of an interest in or right over

land’.

Mr Clive Betts

343


Page  45,  line  1  [Clause  88],  after ‘86(2)’, insert—

‘(aa)
to a compulsory acquisition hearing (see section [Compulsory

acquisition hearings]),’.

Mr Clive Betts

344


Page  45,  line  10  [Clause  88],  leave out ‘an interested party’ and insert ‘another

person’.

Mr Clive Betts

345


Page  45,  line  15  [Clause  88],  after ‘86(3)’, insert ‘, [Compulsory acquisition

hearings](4)’.

Notices of Amendments: 23rd June 2008
2726

Planning Bill, continued

Mr Clive Betts

346


Page  45,  line  16  [Clause  88],  leave out ‘an interested party’ and insert ‘another

person’.

Mr Clive Betts

347


Page  45,  line  23  [Clause  88],  after ‘86(3)’, insert ‘, [Compulsory acquisition

hearings](4)’.

Mr Clive Betts

348


Page  45,  line  29  [Clause  88],  leave out ‘an interested party’ and insert ‘another

person’.

Mr Clive Betts

350


Page  45,  line  32  [Clause  88],  leave out ‘an interested party’ and insert ‘a person’.

Mr Clive Betts

351


Page  45,  line  32  [Clause  88],  leave out ‘party’s’ and insert ‘person’s’.

Mr Clive Betts

352


Page  45,  line  35  [Clause  88],  after ‘86(3)’, insert ‘, [Compulsory acquisition

hearings](4)’.

Secretary Hazel Blears

96

Page  45,  line  41  [Clause  88],  after ‘land’, insert ‘or of an interest in or right over

land’.

Secretary Hazel Blears

97

Page  46,  line  6  [Clause  89],  leave out ‘subsection (1)’ and insert ‘this section’.

Mr Clive Betts

353


Page  46,  line  8  [Clause  89],  at end insert—

‘(ba)
a compulsory acquisition hearing (see section [Compulsory acquisition

hearings],’.

Secretary Hazel Blears

98

Page  46,  line  23  [Clause  89],  at end insert—


‘This is subject to subsection (5) of this section.

(5)
Subsections (6) to (8) of section 210 of the Local Government (Scotland) Act

1973 (c. 65) (provisions about expenses applying where Minister causes a local

inquiry to be held) apply in relation to the Examining authority’s examination of

Notices of Amendments: 23rd June 2008
2727

Planning Bill, continued

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 Examining

authority.’.

Secretary Hazel Blears

99

Page  46,  line  39  [Clause  91],  after ‘Chancellor’, insert ‘or (if subsection (1A)

applies) the Secretary of State’.

Secretary Hazel Blears

100

Page  46,  line  41  [Clause  91],  at end insert—

‘(1A)
This subsection 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.’.

Secretary Hazel Blears

101

Page  48,  line  22  [Clause  95],  after ‘land’, insert ‘or of an interest in or right over

land’.

Mr Clive Betts

349


Page  49,  line  22  [Clause  97],  at end insert—

‘(aa)
any local impact report (within the meaning given by section [Local

impact reports](3)) submitted to the Commission before the deadline

specified in a notice under section [Local impact reports](2)),’.

Mr David Drew

Mr Paul Truswell

John McDonnell

Mr John Gummer

Dan Rogerson

Mr Tim Yeo

Total signatories: 17

Lynne Jones

1

Page  49,  line  26  [Clause  97],  at end insert—

Notices of Amendments: 23rd June 2008
2728

Planning Bill, continued

‘(d)
the desirability of contributing to the mitigation of, and adaptation to,

climate change.’.

Secretary Hazel Blears

102

Page  50,  line  18  [Clause  99],  after ‘land’, insert ‘or of an interest in or right over

land’.

Secretary Hazel Blears

184

Page  75,  line  8  [Clause  147],  at end insert—

‘(3A)
In section 151 (counter-notices objecting to blight notices) after subsection (7)

insert—

“(7A)
The grounds on which objection may be made in a counter-notice to a

blight notice served by virtue of paragraph 25 of Schedule 13 do not

include those mentioned in subsection (4)(b).”’.

Secretary Hazel Blears

185

Page  75,  line  20  [Clause  147],  leave out ‘the Secretary of State’ and insert—


‘—

(a)
if the national policy statement identifies a statutory undertaker as an

appropriate person to carry out the specified description of development

in the location, the statutory undertaker;

(b)
in any other case, the Secretary of State.

(7)
If any question arises by virtue of subsection (6)—

(a)
whether the appropriate authority in relation to any land for the purposes

of this Chapter is the Secretary of State or a statutory undertaker; or

(b)
which of two or more statutory undertakers is the appropriate authority in

relation to any land for those purposes,


that question shall be referred to the Secretary of State, whose decision shall be

final.

(8)
In subsections (6) and (7) “statutory undertaker” means a person who is, or is

deemed to be, a statutory undertaker for the purposes of any provision of Part

11.”’.

Secretary Hazel Blears

186

Page  75,  line  24  [Clause  147],  leave out from second ‘the’ to end of line 26 and

insert ‘order granting development consent.’.