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LORDS amendments to the

Planning Bill

[The page and line references are to HL Bill 69, the bill as first printed for the Lords.]

Clause 5

1

Page 3, line 23, at end insert—

 

“(5A)    

If a national policy statement sets out policy in relation to a particular

 

description of development, the statement must set out criteria to be taken

 

into account in the design of that description of development.”

2

Page 3, line 25, at end insert—

 

“(6A)    

The reasons must (in particular) include an explanation of how the policy

 

set out in the statement takes account of Government policy relating to the

 

mitigation of, and adaptation to, climate change.”

Clause 6

3

Page 3, line 34, at end insert—

 

“(1A)    

A review may relate to all or part of a national policy statement.

 

(1B)    

In deciding when to review a national policy statement the Secretary of

 

State must consider whether—

 

(a)    

since the time when the statement was first published or (if later)

 

last reviewed, there has been a significant change in any

 

circumstances on the basis of which any of the policy set out in the

 

statement was decided,

 

(b)    

the change was not anticipated at that time, and

 

(c)    

if the change had been anticipated at that time, any of the policy set

 

out in the statement would have been materially different.

 

(1C)    

In deciding when to review part of a national policy statement (“the

 

relevant part”) the Secretary of State must consider whether—

 

(a)    

since the time when the relevant part was first published or (if later)

 

last reviewed, there has been a significant change in any

 
 
Bill 17154/3

 
 

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circumstances on the basis of which any of the policy set out in the

 

relevant part was decided,

 

(b)    

the change was not anticipated at that time, and

 

(c)    

if the change had been anticipated at that time, any of the policy set

 

out in the relevant part would have been materially different.”

4

Page 3, line 35, after “of” insert “all or part of”

Clause 8

5

Page 5, line 5, leave out second “or”

6

Page 5, line 7, at end insert—

 

“(g)    

a National Park authority;

 

(h)    

the Broads authority.”

Clause 9

7

Page 5, line 19, leave out “the House of Commons” and insert “either House of

 

Parliament”

Clause 10

8

Page 5, line 31, at end insert—

 

“(3)    

For the purposes of subsection (2) the Secretary of State must (in particular)

 

have regard to the desirability of—

 

(a)    

mitigating, and adapting to, climate change;

 

(b)    

achieving good design.”

Clause 11

9

Page 5, line 33, after “that” insert “the condition in subsection (1A) or (1B) is met.

 

(1A)    

The condition is that—”

10

Page 5, line 40, at end insert—

 

“(1B)    

The condition is that—

 

(a)    

since the time when part of a national policy statement (“the

 

relevant part”) was first published or (if later) last reviewed, there

 

has been a significant change in any circumstances on the basis of

 

which any of the policy set out in the relevant part was decided,

 

(b)    

the change was not anticipated at that time, and

 

(c)    

if the change had been anticipated at that time, any of the policy set

 

out in the relevant part would have been materially different.”

11

Page 6, line 2, after second “statement” insert “or the relevant part”

Clause 12

12

Page 6, line 8, after “may” insert “exercise the power conferred by section 5(1) to”

13

Page 6, line 10, leave out from “statement” to “or” in line 11 and insert “is a pre-

 

commencement statement”

14

Page 6, line 13, leave out from beginning to end of line 14 and insert “pre-


 
 

3

 
 

commencement statements”

15

Page 6, line 14, at end insert—

 

“(1A)    

But subsection (1) does not apply in relation to a pre-commencement

 

statement if the Secretary of State thinks that—

 

(a)    

since the time when the statement was first issued or (if later) the

 

statement or any part of it was last reviewed, there has been a

 

significant change in any circumstances on the basis of which any

 

of the policy set out in the statement was decided,

 

(b)    

the change was not anticipated at that time, and

 

(c)    

if the change had been anticipated at that time, any of the policy set

 

out in the statement would have been materially different.

 

(1B)    

For the avoidance of doubt, section 5(3) to (7) continue to apply where the

 

Secretary of State proposes to designate a statement as a national policy

 

statement for the purposes of this Act in circumstances within subsection

 

(1)(a) or (b).”

16

Page 6, line 15, leave out subsection (2) and insert—

 

“(2)    

The Secretary of State may take account of appraisal carried out before the

 

commencement day for the purpose of complying with section 5(3).”

17

Page 6, line 21, leave out subsection (4)

18

Page 6, line 24, at beginning insert “In this section—”

19

Page 6, line 25, at end insert—

 

““pre-commencement statement” means a statement issued by the

 

Secretary of State before the commencement day.”

Clause 13

20

Page 6, line 36, leave out “review” and insert “carry out a review of all or part of”

21

Page 6, line 39, leave out “review the statement” and insert “carry out the review”

22

Page 6, line 41, leave out “review” and insert “carry out a review of all or part of”

23

Page 7, line 5, leave out “reviewing” and insert “carrying out a review of all or part

 

of”

24

Page 7, line 12, after “review” insert “of all or part”

Clause 14

25

Page 7, line 33, at end insert—

 

“(ea)    

the construction of a pipe-line by a gas transporter;”

26

Page 7, line 34, at end insert “other than by a gas transporter”

Clause 16

27

Page 9, line 12, leave out from “the” to “, or” in line 13 and insert “nominal voltage

 

of the line is expected to be less than 132 kilovolts”


 
 

4

 

Clause 17

28

Page 10, leave out lines 4 and 5

After Clause 19

29

Insert the following new Clause—

 

“Gas transporter pipe-lines

 

(1)    

The construction of a pipe-line by a gas transporter is within section

 

14(1)(ea) only if (when constructed) each of the conditions in subsections

 

(2) to (5) is expected to be met in relation to the pipe-line.

 

(2)    

The pipe-line must be wholly or partly in England.

 

(3)    

Either—

 

(a)    

the pipe-line must be more than 800 millimetres in diameter and

 

more than 40 kilometres in length, or

 

(b)    

the construction of the pipe-line must be likely to have a significant

 

effect on the environment.

 

(4)    

The pipe-line must have a design operating pressure of more than 7 bar

 

gauge.

 

(5)    

The pipe-line must convey gas for supply (directly or indirectly) to at least

 

50,000 customers, or potential customers, of one or more gas suppliers.

 

(6)    

In the case of a pipe-line that (when constructed) will be only partly in

 

England, the construction of the pipe-line is within section 14(1)(ea) only to

 

the extent that the pipe-line will (when constructed) be in England.

 

(7)    

“Gas supplier” has the same meaning as in Part 1 of the Gas Act 1986 (c. 44)

 

(see section 7A(11) of that Act).”

Clause 20

30

Page 11, line 24, after “pipe-line” insert “other than by a gas transporter”

31

Page 12, line 3, leave out from “required” to “or” in line 4 and insert “for its

 

construction by virtue of section 14(1)(f), and has been granted,”

Clause 25

32

Page 16, line 20, leave out “container” and insert “goods”

33

Page 16, line 29, leave out “container” and insert “goods”

34

Page 16, line 30, leave out “in containers”

Clause 28

35

Page 17, line 39, leave out “150,000” and insert “500,000”

36

Page 18, line 2, leave out “150,000” and insert “500,000”

Clause 31

37

Page 19, line 11, after “Act” insert “(except in Part 11)”


 
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