House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 25th June 2008
639

Planning Bill, continued

      (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.”.’.

Amendment of the Communications Act 2003

Andrew Stunell

Dan Rogerson

Mr Elfyn Llwyd

Not selected  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

Report Stage Proceedings: 25th June 2008
640

Planning Bill, continued

(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”.’.

Secretary Hazel Blears

Agreed to  93

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

Secretary Hazel Blears

Agreed to  94

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

Secretary Hazel Blears

Agreed to  95

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

land’.

Secretary Hazel Blears

Agreed to  96

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

land’.

Secretary Hazel Blears

Agreed to  97

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

Report Stage Proceedings: 25th June 2008
641

Planning Bill, continued

Secretary Hazel Blears

Agreed to  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

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

Agreed to  99

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

applies) the Secretary of State’.

Secretary Hazel Blears

Agreed to  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

Agreed to  101

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

land’.

Mr David Drew

Mr Paul Truswell

John McDonnell

Mr John Gummer

Dan Rogerson

Mr Tim Yeo

Lynne Jones

Not called  1

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

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

climate change.’.

Report Stage Proceedings: 25th June 2008
642

Planning Bill, continued

Secretary Hazel Blears

Agreed to  102

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

land’.

Secretary Hazel Blears

Agreed to  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

Agreed to  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

Agreed to  186

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

insert ‘order granting development consent.’.

Secretary Hazel Blears

Agreed to  187

Page  75,  line  28  [Clause  147],  leave out from ‘is’ to end of line 30 and insert ‘an

order in the terms of the order applied for.’.

Secretary Hazel Blears

Agreed to  188

Page  76,  line  27  [Clause  148],  at end insert—

Report Stage Proceedings: 25th June 2008
643

Planning Bill, continued

‘(3A)
In section 101(1)(b) (notices requiring purchase of blighted land)—

(a)
for “or 15” substitute “, 15 or 17”, and

(b)
after “Schedule 14 and” insert “(except in the case of land falling within

paragraph 17 by virtue of paragraph 17(2)(c))”.

(3B)
In section 102 (counter-notices objecting to blight notices) after subsection (7)

insert—

“(7A)
An objection may not be made on the ground mentioned in paragraph (b)

of subsection (4) in a counter-notice to a blight notice served by virtue of

paragraph 18 of Schedule 14.”

(3C)
After section 116 insert—

“116A
Power of Secretary of State to acquire land identified in national

policy statements where blight notice served

Where a blight notice has been served in respect of land falling within

paragraph 18 of Schedule 14, the Secretary of State has power to acquire

compulsorily any interest in the land in pursuance of the blight notice

served by virtue of that paragraph.”’.

Secretary Hazel Blears

Agreed to  324

Page  76,  line  31  [Clause  148],  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.

(6)
If any question arises by virtue of subsection (5)—

(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.

(7)
In subsections (5) and (6) “statutory undertaker” means a person who is,

or is deemed to be, a statutory undertaker for the purposes of any

provision of Part 10.”

(4A)
In section 121 (“appropriate enactment” for purposes of Chapter 2) after

subsection (7) insert—

“(7A)
In relation to land falling within paragraph 17 of that Schedule by virtue

of paragraph 17(2)(a) or (b), “the appropriate enactment” means the order

granting development consent.

(7B)
In relation to land falling within paragraph 17 of that Schedule by virtue

of paragraph 17(2)(c), “the appropriate enactment” means an order in the

terms of the order applied for.

(7C)
In relation to land falling within paragraph 18 of that Schedule, “the

appropriate enactment” means section 116A.”’.

Report Stage Proceedings: 25th June 2008
644

Planning Bill, continued

Mrs Jacqui Lait

Mr David Jones

Not called  298

Page  106  [Clause  173],  leave out lines 16 to 31.

Mrs Jacqui Lait

Mr David Jones

Not called  299

Page  106  [Clause  173],  leave out lines 34 to 38.

Secretary Hazel Blears

Agreed to  220

Page  114,  line  2  [Clause  185],  at end insert—

‘(ba)
an interest belonging to an office-holder in the Scottish Administration

or held in trust for Her Majesty for the purposes of the Scottish

Administration by such an office-holder;

(bb)
the interest of the Speaker of the House of Lords in those parts of the

Palace of Westminster and its precincts occupied on 23 March 1965 by

or on behalf of the House of Lords;

(bc)
the interest of the Speaker of the House of Commons in those parts of the

Palace of Westminster and its precincts occupied on 23 March 1965 by

or on behalf of the House of Commons;

(bd)
the interest in any land of—

(i)
the Corporate Officer of the House of Lords;

(ii)
the Corporate Officer of the House of Commons;

(iii)
those two Corporate Officers acting jointly;’.

Secretary Hazel Blears

Agreed to  221

Page  114,  line  12  [Clause  185],  after ‘department’, insert ‘or, as the case may be,

office-holder in the Scottish Administration,’.

Secretary Hazel Blears

Agreed to  222

Page  114,  line  24  [Clause  185],  at end insert—

‘(fa)
in the case of land belonging to an office-holder in the Scottish

Administration or held in trust for Her Majesty for the purposes of such

an office-holder, the office-holder;’.

Secretary Hazel Blears

Agreed to  223

Page  114,  line  30  [Clause  185],  at end insert—

‘(i)
in relation to land in which there is a Crown interest by virtue of

subsection (3)(bb) or (bd)(i), the Corporate Officer of the House of

Lords;

(j)
in relation to land in which there is a Crown interest by virtue of

subsection (3)(bc) or (bd)(ii), the Corporate Officer of the House of

Commons;

Report Stage Proceedings: 25th June 2008
645

Planning Bill, continued

(k)
in relation to land in which there is a Crown interest by virtue of

subsection (3)(bd)(iii), those two Corporate Officers acting jointly.’.

Secretary Hazel Blears

Agreed to  224

Page  114,  line  34  [Clause  185],  leave out subsections (7) and (8).

Secretary Hazel Blears

Agreed to  225

Page  114,  line  44  [Clause  185],  leave out ‘The reference’ and insert ‘References’.

Secretary Hazel Blears

Agreed to  226

Page  114,  line  45  [Clause  185],  at end insert—

‘(10)
References to an office-holder in the Scottish Administration are to be construed

in accordance with section 126(7) of the Scotland Act 1998 (c. 46).’.

Secretary Hazel Blears

Agreed to  227

Page  115,  line  3  [Clause  186],  at end insert—

‘(2)
For the purposes of this section “the Crown” includes—

(a)
the Duchy of Lancaster;

(b)
the Duchy of Cornwall;

(c)
the Speaker of the House of Lords;

(d)
the Speaker of the House of Commons;

(e)
the Corporate Officer of the House of Lords;

(f)
the Corporate Officer of the House of Commons.’.

Secretary Hazel Blears

Agreed to  228

Page  115,  line  6  [Clause  187],  leave out from ‘served’ to end of line 9 and insert ‘,

given or supplied under this Act may be served, given or supplied in any of these ways—

(a)
by delivering it to the person on whom it is to be served or to whom it is

to be given or supplied,’.

Secretary Hazel Blears

Agreed to  229

Page  115,  line  12  [Clause  187],  at end insert—

‘(ba)
by sending it by post, addressed to that person at that person’s usual or

last known place of abode or, in a case where an address for service has

been given by that person, at that address,’.

Secretary Hazel Blears

Agreed to  230

Page  115,  line  21  [Clause  187],  leave out from ‘body’ to end of line 25 and insert

‘—

‘(i)
by delivering it to the secretary or clerk of the company or body

at their registered or principal office,