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Notices of Amendments: 23rd June 2008                  

2736

 

Planning Bill, continued

 
 

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

 

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;’.

 

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’.

 



 
 

Notices of Amendments: 23rd June 2008                  

2737

 

Planning Bill, continued

 
 

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

 

(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).


 
 

Notices of Amendments: 23rd June 2008                  

2738

 

Planning Bill, continued

 
 

      (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

 

(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.


 
 

Notices of Amendments: 23rd June 2008                  

2739

 

Planning Bill, continued

 
 

      (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.

 

      (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—


 
 

Notices of Amendments: 23rd June 2008                  

2740

 

Planning Bill, continued

 
 

(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

 

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—


 
 

Notices of Amendments: 23rd June 2008                  

2741

 

Planning Bill, continued

 
 

(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—

 

(d)    

the Commission where the decision-maker is a Panel or the

 

Council;

 

(e)    

the Secretary of State where the decision-maker is the Secretary

 

of State;

 

“relevant local planning authority” means a local planning authority for all

 

or any part of the area in which the land to which the decision relates is

 

situated.’.

 


 

Secretary Hazel Blears

 

NS3

 

To move the following Schedule:—

 

‘Provision relating to, or to matters ancillary to, development

 

Part 1

 

The Matters

 

1          

The acquisition of land, compulsorily or by agreement.

 

2          

The creation, suspension or extinguishment of, or interference with, interests

 

in or rights over land (including rights of navigation over water), compulsorily

 

or by agreement.

 

3          

The abrogation or modification of agreements relating to land.

 

4          

Carrying out specified excavation, mining, quarrying or boring operations in a

 

specified area.

 

5          

The operation of a generating station.

 

6          

Keeping electric lines installed above ground.

 

7          

The use of underground gas storage facilities.

 

8          

The sale, exchange or appropriation of Green Belt land.

 

9          

Freeing land from any restriction imposed on it by or under the Green Belt

 

(London and Home Counties) Act 1938 (c. xciii), or by a covenant or other

 

agreement entered into for the purposes of that Act.

 

10         

The protection of the property or interests of any person.

 

11         

The imposition or exclusion of obligations or liability in respect of acts or

 

omissions.

 

12         

Carrying out surveys or taking soil samples.


 
 

Notices of Amendments: 23rd June 2008                  

2742

 

Planning Bill, continued

 
 

13         

Cutting down, uprooting, topping or lopping trees or shrubs or cutting back

 

their roots.

 

14         

The removal, disposal or re-siting of apparatus.

 

15         

Carrying out civil engineering or other works.

 

16         

The diversion of navigable or non-navigable watercourses.

 

17         

The stopping up or diversion of highways.

 

18         

Charging tolls, fares and other charges.

 

19         

The designation of a highway as a trunk road or special road.

 

20         

The specification of the classes of traffic authorised to use a highway.

 

21         

The appropriation of a highway for which the person proposing to construct or

 

improve a highway is the highway authority.

 

22         

The transfer to the person proposing to construct or improve a highway of a

 

highway for which that person is not the highway authority.

 

23         

The specification of the highway authority for a highway.

 

24         

The operation and maintenance of a transport system.

 

25         

Entering into an agreement for the provision of police services.

 

26         

The discharge of water into inland waters or underground strata.

 

27         

Deeming consent under section 34 of the Coast Protection Act 1949 (c. 74) to

 

have been given by the Secretary of State for operations specified in the order

 

and subject to such conditions as may be specified in the order.

 

28         

Deeming any such conditions to have been imposed by the Secretary of State

 

under that section.

 

29         

Deeming a licence under Part 2 of the Food and Environment Protection Act

 

1985 (c. 48) to have been issued by a specified licensing authority for

 

operations specified in the order and subject to such provisions as may be

 

specified in the order.

 

30         

Deeming any such provisions to have been included in the licence by the

 

specified licensing authority by virtue of that Act.

 

31         

The creation of a harbour authority.

 

32         

Changing the powers and duties of a harbour authority.

 

33         

The transfer of property, rights, liabilities, or functions.

 

34         

The transfer, leasing, suspension, discontinuance and revival of undertakings.

 

35         

The payment of contributions.

 

36         

The payment of compensation.

 

37         

The submission of disputes to arbitration.

 

38         

The alteration of borrowing limits.

 

Part 2

 

Interpretation

 

1    (1)  

This paragraph applies for the purposes of this Schedule.

 

      (2)  

“Transport system” means any of the following—

 

(a)    

a railway,

 

(b)    

a tramway,

 

(c)    

a trolley vehicle system,

 

(d)    

a system using a mode of guided transport prescribed by order under

 

section 2 of the Transport and Works Act 1992.


 
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