House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 2nd June 2008
516

Planning Bill, continued

(8)
In this section and section [Extinguishment of rights, and removal of apparatus,

of statutory undertakers etc.] the following terms have the meanings given in

paragraph 1(1) of Schedule 17 to the Communications Act 2003 (c. 21)—

“electronic communications apparatus”;

“electronic communications code”;

“electronic communications code network”;

“operator”.’.

Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.

Secretary Hazel Blears

Added  NC19

To move the following Clause:—

‘(1)
This section applies if an order granting development consent authorises the

acquisition of land (compulsorily or by agreement) and—

(a)
there subsists over the land a relevant right, or

(b)
there is on, under or over the land relevant apparatus.

(2)
“Relevant right” means a right of way, or a right of laying down, erecting,

continuing or maintaining apparatus on, under or over the land, which—

(a)
is vested in or belongs to statutory undertakers for the purpose of the

carrying on of their undertaking, or

(b)
is conferred by or in accordance with the electronic communications

code on the operator of an electronic communications code network.

(3)
“Relevant apparatus” means—

(a)
apparatus vested in or belonging to statutory undertakers for the purpose

of the carrying on of their undertaking, or

(b)
electronic communications apparatus kept installed for the purposes of

an electronic communications code network.

(4)
The order may include provision for the extinguishment of the relevant right, or

the removal of the relevant apparatus, only if—

(a)
the decision-maker is satisfied that the extinguishment or removal is

necessary for the purpose of carrying out the development to which the

order relates, and

(b)
in a case within subsection (5), the Secretary of State has consented to the

inclusion of the provision.

(5)
A case is within this subsection if a representation has been made about the

application for the order granting development consent before the completion of

the examination of the application—

(a)
in a case falling within subsection (2)(a) or (3)(a), by the statutory

undertakers;

(b)
in a case falling within subsection (2)(b) or (3)(b), by the operator of the

electronic communications code network,


and the representation has not been withdrawn.

Report Stage Proceedings: 2nd June 2008
517

Planning Bill, continued

(6)
The question of which Secretary of State should give consent under subsection

(4)(b) is to be determined by the Treasury, if it arises.’.

Use of underground gas storage facilities

Secretary Hazel Blears

Added  NC20

To move the following Clause:—

‘An order granting development consent may include provision authorising the

use of underground gas storage facilities only if the development to which the

order relates is or includes development within section 16(2), (3) or (5).’.

Harbours

Secretary Hazel Blears

Added  NC21

To move the following Clause:—

‘(1)
An order granting development consent may include provision for the creation of

a harbour authority only if—

(a)
the development to which the order relates is or includes the construction

or alteration of harbour facilities, and

(b)
the creation of a harbour authority is necessary or expedient for the

purposes of the development.

(2)
An order granting development consent may include provision changing the

powers or duties of a harbour authority only if—

(a)
the development to which the order relates is or includes the construction

or alteration of harbour facilities, and

(b)
the authority has requested the inclusion of the provision or has

consented in writing to its inclusion.

(3)
An order granting development consent may include provision authorising the

transfer of property, rights or liabilities from one harbour authority to another

only if—

(a)
the development to which the order relates is or includes the construction

or alteration of harbour facilities, and

(b)
the order makes provision for the payment of compensation of an

amount—

(i)
determined in accordance with the order, or

(ii)
agreed between the parties to the transfer.

(4)
An order granting development consent which includes provision for the creation

of a harbour authority, or changing the powers or duties of a harbour authority,

may also make other provision in relation to the authority.


This is subject to subsection (6).

Report Stage Proceedings: 2nd June 2008
518

Planning Bill, continued

(5)
Subject to subsection (6), the provision which may be included in relation to a

harbour authority includes in particular—

(a)
any provision in relation to a harbour authority which could be included

in a harbour revision order under section 14 of the Harbours Act 1964 by

virtue of any provision of Schedule 2 to that Act;

(b)
provision conferring power on the authority to change provision made in

relation to it (by the order or by virtue of this paragraph), where the

provision is about—

(i)
the procedures (including financial procedures) of the authority;

(ii)
the power of the authority to impose charges;

(iii)
the power of the authority to delegate any of its functions;

(iv)
the welfare of officers and employees of the authority and

financial and other provision made for them.

(6)
The order may not include provision—

(a)
which, by virtue of any other provision of this Act, is not permitted to be

included in an order granting development consent;

(b)
conferring power on a harbour authority to delegate, or makes changes to

its powers so as to permit the delegation of, any of the functions

mentioned in paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the

Harbours Act 1964.’.

Deemed consent under section 34 of the Coast Protection Act 1949

Secretary Hazel Blears

Added  NC22

To move the following Clause:—

‘(1)
An order granting development consent may include provision deeming consent

under section 34 of the Coast Protection Act 1949 to have been given for any

operations only if the operations are to be carried out wholly in one or more of the

areas specified in subsection (2).

(2)
The areas are—

(a)
England;

(b)
Wales;

(c)
waters adjacent to England or Wales up to the seaward limits of the

territorial sea;

(d)
an area designated under section 1(7) of the Continental Shelf Act 1964.

(3)
Subsection (4) applies if an order granting development consent includes

provision—

(a)
deeming consent under section 34 of the Coast Protection Act 1949 to

have been given subject to specified conditions, and

(b)
deeming those conditions to have been imposed by the Secretary of State

under that section.

(4)
A person who fails to comply with such a condition does not commit an offence

under section 134 of this Act.’.

Report Stage Proceedings: 2nd June 2008
519

Planning Bill, continued

Deemed licences under Part 2 of the Food and Environment Protection Act 1985

Secretary Hazel Blears

Added  NC23

To move the following Clause:—

‘(1)
An order granting development consent may include provision deeming a licence

to have been issued under Part 2 of the Food and Environment Protection Act

1985 for any operations only if the operations are to be carried out wholly in one

or more of the areas specified in subsection (2).

(2)
The areas are—

(a)
England;

(b)
waters adjacent to England up to the seaward limits of the territorial sea;

(c)
a Renewable Energy Zone, except any part of a Renewable Energy Zone

in relation to which the Scottish Ministers have functions;

(d)
an area designated under section 1(7) of the Continental Shelf Act 1964,

except any part of that area which is within a part of a Renewable Energy

Zone in relation to which the Scottish Ministers have functions.

(3)
Subsections (4) and (5) apply if an order granting development consent includes

provision—

(a)
deeming a licence to have been issued under Part 2 of the Food and

Environment Protection Act 1985 subject to specified provisions, and

(b)
deeming those provisions to have been included in the licence by virtue

of that Act.

(4)
A person who fails to comply with such a provision does not commit an offence

under section 134 of this Act.

(5)
Paragraphs 1 and 2 of Schedule 3 to the Food and Environment Protection Act

1985 (licences: right to make representations etc.) do not apply in relation to the

deemed licence.’.

Removal of consent requirements

Secretary Hazel Blears

Added  NC24

To move the following Clause:—

‘(1)
An order granting development consent may include provision the effect of which

is to remove a requirement for a prescribed consent or authorisation to be granted,

only if the relevant body has consented to the inclusion of the provision.

(2)
“The relevant body” is the person or body which would otherwise be required to

grant the prescribed consent or authorisation.’.

Report Stage Proceedings: 2nd June 2008
520

Planning Bill, continued

Interpretation: land and rights over land

Secretary Hazel Blears

Added  NC26

To move the following Clause:—

‘(1)
This section applies for the purposes of this Part.

(2)
“Land” includes any interest in or right over land.

(3)
Acquiring a right over land includes acquiring it by the creation of a new right as

well as by the acquisition of an existing one.’.

Application of compulsory acquisition procedure provisions

Secretary Hazel Blears

Added  NC37

To move the following Clause:—

‘(1)
This section applies if an order granting development consent includes provision

authorising the compulsory acquisition of land.

(2)
Part 1 of the Compulsory Purchase Act 1965 (procedure for compulsory

purchase) applies to the compulsory acquisition of land under the order—

(a)
as it applies to a compulsory purchase to which Part 2 of the Acquisition

of Land Act 1981 applies, and

(b)
as if the order were a compulsory purchase order under that Act.

(3)
Part 1 of the Compulsory Purchase Act 1965, as applied by subsection (2), has

effect with the omission of the following provisions—

(a)
section 4 (time limit for exercise of compulsory purchase powers);

(b)
paragraph 3(3) of Schedule 3 (provision as to giving of bonds).

(4)
In so far as the order includes provision authorising the compulsory acquisition

of land in Scotland—

(a)
subsections (2) and (3) do not apply, and

(b)
the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

(“the 1947 Act”) applies to the compulsory acquisition of that land under

the order as if the order were a compulsory purchase order as defined in

section 1(1) of that Act.

(5)
The 1947 Act, as applied by subsection (4), has effect with the omission of the

following provisions—

(a)
Parts 2 and 3 of the First Schedule (compulsory purchase by Ministers

and special provisions as to certain descriptions of land);

(b)
section 116 of the Lands Clauses Consolidation (Scotland) Act 1845

(time limit for exercise of compulsory purchase powers) (that section

being incorporated into the 1947 Act by paragraph 1 of the Second

Schedule to the 1947 Act).

(6)
Subsections (2) to (5) are subject to any contrary provision made by the order

granting development consent.’.

Report Stage Proceedings: 2nd June 2008
521

Planning Bill, continued

Secretary Hazel Blears

Agreed to  114

Page  56,  line  15  [Clause  109],  leave out from ‘The’ to end of line 10 on page 57

and insert ‘provision that may be made under subsection (3) includes in particular

provision for or relating to any of the matters listed in Part 1 of Schedule (Provision

relating to, or to matters ancillary to, development)’.

Secretary Hazel Blears

Agreed to  115

Page  57,  line  25  [Clause  109],  leave out from ‘(8)’ to end of line and insert

‘Subsections (3) to (7) are subject to subsection (8A) and the following provisions of this

Chapter.

‘(8A)
An order granting development consent may not include provision—

(a)
making byelaws or conferring power to make byelaws;

(b)
creating offences or conferring power to create offences;

(c)
changing an existing power to make byelaws or create offences.

(8B)
To the extent that provision for or relating to a matter may be included in an order

granting development consent, none of the following may include any such

provision—

(a)
an order under section 14 or 16 of the Harbours Act 1964 (orders in

relation to harbours, docks and wharves);

(b)
an order under section 4(1) of the Gas Act 1965 (order authorising

storage of gas in underground strata);

(c)
an order under section 1 or 3 of the Transport and Works Act 1992

(orders as to railways, tramways, inland waterways etc.).’.

Secretary Hazel Blears

Agreed to  116

Page  57,  line  26  [Clause  109],  leave out subsection (9).

Secretary Hazel Blears

Agreed to  117

Page  59,  line  17  [Clause  114],  leave out from ‘that’ to end of line 22 and insert ‘the

Secretary of State—

(a)
is satisfied of the matters set out in subsection (3), and

(b)
issues a certificate to that effect.’.

Secretary Hazel Blears

Agreed to  118

Page  59,  line  28  [Clause  114],  at end insert—

‘(3A)
Subsections (2) and (3) do not apply in a case within subsection (4).’.

Secretary Hazel Blears

Agreed to  119

Page  59,  line  30  [Clause  114],  leave out ‘relevant’.

Report Stage Proceedings: 2nd June 2008
522

Planning Bill, continued

Secretary Hazel Blears

Agreed to  120

Page  59,  line  31  [Clause  114],  leave out from ‘that’ to end of line 36 and insert ‘the

Secretary of State—

(a)
is satisfied of the matters set out in subsection (5), and

(b)
issues a certificate to that effect.’.

Secretary Hazel Blears

Agreed to  121

Page  59,  line  42  [Clause  114],  at end insert—

‘(5A)
If the Secretary of State issues a certificate under subsection (2) or (4), the

Secretary of State must—

(a)
publish in one or more local newspapers circulating in the locality in

which the statutory undertakers’ land is situated a notice in the prescribed

form that the certificate has been given, and

(b)
in a case where a Panel or the Council is the decision-maker, notify the

Commission that the certificate has been given.’.

Secretary Hazel Blears

Agreed to  122

Page  59,  line  44  [Clause  114],  leave out from beginning to end of line 45.

Secretary Hazel Blears

Agreed to  123

Page  59,  line  46  [Clause  114],  leave out ‘that Act’ and insert ‘the Acquisition of

Land Act 1981’.

Secretary Hazel Blears

Agreed to  124

Page  59,  line  47  [Clause  114],  after first ‘undertakers’, insert ‘—

(a)
which are deemed to be statutory undertakers for the purposes of that Act,

by virtue of another enactment;

(b)
’.

Secretary Hazel Blears

Agreed to  125

Page  60,  line  16  [Clause  115],  leave out from ‘applies’ to end of line 18.

Secretary Hazel Blears

Agreed to  126

Page  60  [Clause  115],  leave out line 30.

Secretary Hazel Blears

Agreed to  127

Page  60,  line  32  [Clause  115],  after first ‘undertakers’, insert ‘—

(a)
which are deemed to be statutory undertakers for the purposes of that Act,

by virtue of another enactment;

(b)
’.