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| |
| | | (ii) | by sending it by post, addressed to the secretary or clerk of the |
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| | | company or body at that office, |
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| | | (iii) | by sending it in a prepaid registered letter or, or by the recorded |
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| | | delivery service, addressed to the secretary or clerk of the |
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| | | company or body at that office.’. |
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| | |
| | | |
| | Page 115, line 33 [Clause 187], leave out ‘or given’ and insert ‘, given or supplied’. |
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| | |
| | | |
| | Page 115, line 35 [Clause 187], leave out from ‘(4)’ to end of line 36 and insert— |
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| | | | Subsection (1)(ba), (d) and (e)(ii) do not apply to the service, giving or supply of |
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| | | |
| | | (a) | notice under section 50(4)(b); |
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| | | (b) | a compulsory acquisition notice under section 121; |
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| | | (c) | notice under section 136(3); |
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| | | (d) | an information notice under section 140; |
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| | | (e) | a notice of unauthorised development under section 142.’. |
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| | |
| | | |
| | Page 115, line 38 [Clause 187], at end insert— |
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| | | ‘(6) | This section is subject to any contrary provision made by or under this Act.’. |
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| | |
| | | |
| | Page 115, line 41 [Clause 188], after ‘on’, insert ‘or given or supplied to’. |
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| | |
| | |
| | | |
| | Page 116, line 1 [Clause 188], after ‘on’, insert ‘or given or supplied to’. |
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| | |
| | | |
| | Page 116, line 3 [Clause 188], after ‘served’, insert ‘, given or supplied’. |
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| | |
| | | |
| | Page 116, line 9 [Clause 188], leave out from ‘sent’ to end of line 10 and insert ‘— |
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| | | (i) | in the case of a notice mentioned in section 187(4), in the manner |
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| | | specified in section 187(1)(a), (b) or (c), and |
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| | | (ii) | in any other case, in the manner specified in section 187(1)(a), |
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| | | |
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| | |
| | |
| |
| | |
| | | |
| | Page 116, line 19 [Clause 188], after ‘given’, insert ‘or supplied’. |
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| | |
| | | |
| | Page 116, line 22 [Clause 188], leave out ‘or give’ and insert ‘, give or supply’. |
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| | |
| | | |
| | Page 116, line 24 [Clause 188], after ‘on’, insert ‘or given or supplied to’. |
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| | |
| | | |
| | Page 116, line 30 [Clause 188], at end insert— |
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| | | ‘(7) | This section is subject to any contrary provision made by or under this Act.’. |
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| | |
| | | |
| | Page 116, line 32 [Clause 189], after ‘on’, insert ‘or given or supplied to’. |
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| | |
| | | |
| | Page 116, line 33 [Clause 189], after ‘on’, insert ‘or given or supplied to’. |
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| | |
| | | |
| | Page 116, line 34 [Clause 189], after ‘service’, insert ‘, giving or supply’. |
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| | |
| | | |
| | Page 116, line 35 [Clause 189], at end insert— |
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| | | ‘(3) | For the purposes of this section “the Crown” includes— |
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| | | (a) | the Duchy of Lancaster; |
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| | | (b) | the Duchy of Cornwall; |
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| | | (c) | the Speaker of the House of Lords; |
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| | | (d) | the Speaker of the House of Commons; |
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| | | (e) | the Corporate Officer of the House of Lords; |
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| | | (f) | the Corporate Officer of the House of Commons.’. |
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| | |
| | |
| | | |
| | Page 117, line 10 [Clause 190], after ‘145(1)’, insert ‘, [Power to make provision in |
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| | |
| | |
| | | |
| | Page 117, line 11 [Clause 190], after ‘134(3)’, insert ‘, [Power to make provision in |
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| | |
| | | |
| | Page 117, line 32 [Clause 193], at end insert— |
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| | | ‘“alteration”, in relation to a highway, includes stopping up the highway or |
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| | | diverting, improving, raising or lowering it;’. |
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| | |
| | |
| | | |
| | Page 118, line 20 [Clause 193], leave out ‘has the same meaning as in’ and insert |
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| | ‘and “harbour authority” have the meanings given by’. |
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| | |
| | | |
| | Page 118, line 25 [Clause 193], at end insert— |
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| | | ‘“improvement”, in relation to a highway, has the meaning given by section |
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| | | 329(1) of the Highways Act 1980;’. |
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| | |
| | | |
| | Page 118, line 29 [Clause 193], leave out from ‘to’ to end of line 31 and insert ‘Part |
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| | 7 must be read in accordance with section [Interpretation: land and rights over land]. |
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| | |
| | |
| | | |
| | Page 119, line 10 [Clause 193], leave out ‘or proposed highway’. |
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| | |
| | | |
| | Page 119, line 15 [Clause 193], leave out ‘or proposed highway’. |
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| | |
| | | |
| | Page 119, line 23 [Clause 193], at end insert— |
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| | | ‘(2) | A reference in this Act to a right over land includes a reference to a right to do, or |
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| | | to place and maintain, anything in, on or under land or in the air-space above its |
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| | | |
| | |
| | | |
| | Page 119, line 23 [Clause 193], at end insert— |
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| | | ‘(2) | Subsection (3) applies to the question of which parts of waters up to the seaward |
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| | | limits of the territorial sea— |
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| | | (a) | are adjacent to Wales (and, in consequence, are not adjacent to England), |
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| | | |
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| |
| | |
| | |
| |
| | | (b) | are not adjacent to Wales (and, in consequence, are adjacent to England). |
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| | | (3) | The question is to be determined by reference to an order or Order in Council |
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| | | made under or by virtue of section 158(3) or (4) of the Government of Wales Act |
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| | | 2006 (apportionment of sea areas) if, or to the extent that, the order or Order in |
|
| | | Council is expressed to apply— |
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| | | (a) | by virtue of this subsection, for the purposes of this Act, or |
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| | | (b) | if no provision has been made by virtue of paragraph (a), for the general |
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| | | or residual purposes of that Act. |
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| | | (4) | Subsection (5) applies to the question of which parts of waters up to the seaward |
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| | | limits of the territorial sea— |
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| | | (a) | are adjacent to Scotland (and, in consequence, are not adjacent to |
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| | | |
| | | (b) | are not adjacent to Scotland (and, in consequence, are adjacent to |
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| | | |
| | | (5) | The question is to be determined by reference to an Order in Council made under |
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| | | section 126(2) of the Scotland Act 1998 if, or to the extent that, the Order in |
|
| | | Council is expressed to apply— |
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| | | (a) | by virtue of this subsection, for the purposes of this Act, or |
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| | | (b) | if no provision has been made by virtue of paragraph (a), for the general |
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| | | or residual purposes of that Act.’. |
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| | |
| | | |
| | Page 119, line 25 [Clause 194], leave out ‘following modifications’ and insert |
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| | ‘modifications set out in Schedule [Application of Act to Scotland: modifications]’. |
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| | |
| | | |
| | Page 119, line 27 [Clause 194], leave out subsections (2) to (13). |
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| | |
| | |
| | | |
| | Page 121, line 16 [Clause 195], at end insert— |
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| | | ‘(6) | In this section any reference to an Act (other than this Act) includes a reference |
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| | | to an Act of the Scottish Parliament.’. |
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| | |
| | | |
| | Page 121, line 31 [Clause 198], leave out ‘section 165’ and insert ‘sections 165, |
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| | 166, [Power to make provision in relation to Wales] and [Wales: transitional provision in |
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| | relation to blighted land]’. |
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| | |
| | |
| | | |
| | Page 122, line 5 [Clause 199], at end insert— |
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| | | ‘(za) | the provisions of Parts 1 to 8 which— |
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| |
| | |
| | |
| |
| | | (i) | confer power to make orders (other than orders granting |
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| | | development consent), regulations or rules, or |
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| | | (ii) | make provision about what is (or is not) permitted to be done, or |
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| | | what is required to be done, in the exercise of any such power;’. |
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| | |
| | | |
| | Page 122, line 7 [Clause 199], at end insert— |
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| | | ‘(1A) | Nothing in subsection (1)(za) affects the operation of section 13 of the |
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| | | Interpretation Act 1978 in relation to this Act.’. |
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| | |
| | | |
| | Page 122, line 13 [Clause 199], leave out from ‘153’ to the end and insert ‘[Power |
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| | to decline to determine applications: amendments], 160, 163(1) and (3), 164, 165, 169 to |
|
| | |
| | | (aa) | paragraphs 1, 2(1) and (2), 3(1), (2) and (4) and 4 to 6 of Schedule [Power |
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| | | to decline to determine applications: amendments]; |
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| | | (ab) | Schedules 3 and 6;’. |
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| | |
| | | |
| | Page 122, line 21 [Clause 199], at end insert— |
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| | | ‘(4A) | Section [Wales: transitional provision in relation to blighted land] comes into |
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| | | force in accordance with subsection (5) of that section.’. |
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| | |
| | | |
| | Page 122, line 22 [Clause 199], leave out ‘Section 173 comes’ and insert ‘Sections |
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| | 166(2) to (5), 173, [Power to make provision in relation to Wales] and [Community |
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| | Infrastructure Levy: repeals] (together with related entries in Schedule 7), and paragraph |
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| | 7 of Schedule [Power to decline to determine applications: amendments], come’. |
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| | |
| | |
| | |
| | | |
| | To move the following Schedule:— |
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| | | ‘Correction of errors in development consent decisions |
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| | | |
| | | 1 (1) | This paragraph applies if— |
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| | | (a) | the decision-maker makes an order granting development consent, or |
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| | | refuses development consent, and |
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| | | (b) | the decision document contains a correctable error. |
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| | | (2) | The decision document is— |
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| | | (a) | in the case of an order granting development consent, the order; |
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| |
| | |
| | |
| |
| | | (b) | in the case of a refusal of development consent, the document |
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| | | |
| | | (3) | A correctable error is an error or omission which— |
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| | | (a) | is in a part of the decision document which records the decision, and |
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| | | (b) | is not part of the statement of reasons for the decision. |
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| | | (4) | The appropriate authority may correct the error or omission if (but only if), the |
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| | | conditions in sub-paragraphs (5) and (7) are met. |
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| | | | This is subject to sub-paragraph (8). |
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| | | (5) | The condition is that, before the end of the relevant period— |
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| | | (a) | the appropriate authority receives a written request to correct the error |
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| | | or omission from any person, or |
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| | | (b) | the appropriate authority sends a statement in writing to the applicant |
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| | | which explains the error or omission and states that the appropriate |
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| | | authority is considering making the correction. |
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| | | (6) | The relevant period is— |
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| | | (a) | if the decision document is an order granting development consent, the |
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| | | period specified in section 108(1)(b); |
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| | | (b) | if the decision document is the document recording a refusal of |
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| | | development consent, the period specified in section 108(2)(b). |
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| | | (7) | The condition is that the appropriate authority informs each relevant local |
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| | | planning authority that the request mentioned in sub-paragraph (5)(a) has been |
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| | | received or the statement mentioned in sub-paragraph (5)(b) has been sent (as |
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| | | |
| | | (8) | The power conferred by sub-paragraph (4) may not be exercised in relation to |
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| | | provision included in an order granting development consent by virtue of any |
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| | | of paragraphs 27 to 30 of Schedule [Provision relating to, or to matters |
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| | | ancillary to, development] (deemed consent under Coast Protection Act 1949 |
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| | | and deemed licences under Food and Environment Protection Act 1985). |
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| | | |
| | | 2 (1) | If paragraph 1(5)(a) or (b) applies the appropriate authority must issue a notice |
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| | | in writing (a “correction notice”) which— |
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| | | (a) | specifies the correction of the error or omission, or |
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| | | (b) | gives notice of the decision not to correct the error or omission. |
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| | | (2) | The appropriate authority must issue the correction notice as soon as |
|
| | | practicable after making the correction or deciding not to make the correction. |
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| | | (3) | The appropriate authority must give the correction notice to— |
|
| | | |
| | | (b) | each person who was an interested party in relation to the application |
|
| | | for the order granting development consent for the purposes of |
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| | | Chapter 4 of Part 6 (see section 95), |
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| | | (c) | each relevant local planning authority, and |
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| | | (d) | if the correction was requested by any other person, that person. |
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| | | (4) | The Secretary of State may by order specify any other person or description of |
|
| | | person to whom a correction notice must be given. |
|
| | | |
| | | 3 (1) | If a correction is made in pursuance of paragraph 1— |
|
| | | (a) | the original decision and the decision document containing it continue |
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| | | |
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| |
| | |
| | |
| |
| | | (b) | the decision document is treated as corrected as specified in the |
|
| | | correction notice issued under paragraph 2 with effect from the date |
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| | | the correction notice is issued. |
|
| | | (2) | If a correction is not made— |
|
| | | (a) | the original decision continues to have full force and effect, and |
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| | | (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. |
|
| | | |
| | | |
| | | “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 |
|
| | | |
| | | (e) | the Secretary of State where the decision-maker is the Secretary |
|
| | | |
| | | “relevant local planning authority” means a local planning authority for all |
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| | | or any part of the area in which the land to which the decision relates is |
|
| | | |
| | |
| | |
| | | |
| | To move the following Schedule:— |
|
| | | ‘Provision relating to, or to matters ancillary to, development |
|
| | | |
| | | |
| | | 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 |
|
| | | |
| | | 3 | The abrogation or modification of agreements relating to land. |
|
| | | 4 | Carrying out specified excavation, mining, quarrying or boring operations in a |
|
| | | |
| | | 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 |
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| | | (London and Home Counties) Act 1938 (c. xciii), or by a covenant or other |
|
| | | agreement entered into for the purposes of that Act. |
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|
