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100 | Insert the following new Clause— |
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| “Grants for advice and assistance: Scotland |
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| (1) | The Secretary of State may make grants for the purpose of assisting any |
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| person to provide advice and assistance in connection with any matter |
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| which is related to the application of this Act to Scotland. |
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| (2) | The Secretary of State may, as respects any such grant, provide that it is to |
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| be subject to such terms and conditions as the Secretary of State thinks |
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| |
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101 | Insert the following new Clause— |
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| “Regional spatial strategies: climate change policies |
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| (1) | Section 1 of the Planning and Compulsory Purchase Act 2004 (regional |
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| functions: regional spatial strategies) is amended as follows. |
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| (2) | After subsection (2) insert— |
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| “(2A) | The RSS must include policies designed to secure that the |
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| development and use of land in the region contribute to the |
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| mitigation of, and adaptation to, climate change.” |
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| (3) | In subsection (3) for “subsection (2)” substitute “subsections (2) and (2A)”.” |
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102 | Insert the following new Clause— |
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| In section 39 of PCPA 2004 (sustainable development) after subsection (2) |
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| “(2A) | For the purposes of subsection (2) the person or body must (in |
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| particular) have regard to the desirability of achieving good |
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103 | |
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104 | |
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105 | |
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106 | |
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107 | Page 106, line 42, leave out “In” |
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108 | Page 107, line 2, after “order)” insert “is amended as follows. |
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| (2) | After subsection (2) insert— |
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| (a) | planning permission granted by a development order for |
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| development in England of a prescribed description is |
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| withdrawn by the issue of directions under powers |
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| conferred by the order, or |
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| (b) | planning permission granted by a local development order |
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| for development in England is withdrawn by the issue of |
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| directions under powers conferred by the order, |
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| | this section applies only if the application referred to in subsection |
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| (1)(b) is made before the end of the period of 12 months beginning |
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| with the date on which the directions took effect.” |
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109 | Page 107, line 4, leave out from beginning to end of line 19 and insert— |
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| “(a) | in the case of planning permission granted by a development order, |
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| the condition in subsection (3C) is met; |
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| (b) | in the case of planning permission granted by a local development |
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| order, the condition in subsection (3D) is met. |
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| (3C) | The condition referred to in subsection (3B)(a) is that— |
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| (a) | the planning permission is granted for development in England of |
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| a prescribed description, |
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| (b) | the planning permission is withdrawn in the prescribed manner, |
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| (c) | notice of the withdrawal was published in the prescribed manner |
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| not less than 12 months or more than the prescribed period before |
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| the withdrawal took effect, and |
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| |
| (i) | the development authorised by the development order had |
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| not started before the notice was published, or |
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| (ii) | the development order includes provision in pursuance of |
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| section 61D permitting the development to be completed |
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| after the permission is withdrawn. |
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| (3D) | The condition referred to in subsection (3B)(b) is that— |
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| (a) | the planning permission is granted for development in England, |
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| (b) | the planning permission is withdrawn by the revocation or |
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| amendment of the local development order, or by the issue of |
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| directions under powers conferred by the local development order, |
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| (c) | notice of the revocation, amendment or directions was published in |
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| the prescribed manner not less than 12 months or more than the |
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| prescribed period before the revocation, amendment or directions |
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| (as the case may be) took effect, and |
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| |
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| |
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| (i) | the development authorised by the local development order |
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| had not started before the notice was published, or |
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| (ii) | the local development order includes provision in |
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| pursuance of section 61D permitting the development to be |
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| completed after the permission is withdrawn.”” |
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110 | Page 107, line 19, at end insert— |
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| “(4) | After subsection (4) insert— |
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| “(5) | Regulations under this section prescribing a description of |
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| development may (in particular) do so by reference to one or more |
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| classes or descriptions of development specified in a development |
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| (6) | In this section “prescribed” means prescribed by regulations made |
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| by the Secretary of State.”” |
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111 | Page 112, line 13, leave out “contained in the planning Acts” and insert “of this Act |
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| mentioned in subsection (1A). |
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| (1A) | The provisions are any provision of Part 3 relating to planning permission |
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| or applications for planning permission, except sections 56, 62, 65, 69(3) |
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| and (4), 71, 91 to 96, 100 and 101 and Schedule 8.” |
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112 | Page 118, line 35, at beginning insert “in the case of regulations made by virtue of |
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| subsection (5)(f) or paragraph (a) of this subsection,” |
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113 | Page 119, line 34, at beginning insert “in the case of regulations made by virtue of |
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| subsection (2)(e) or paragraph (a) of this subsection,” |
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114 | Insert the following new Clause— |
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| “Meaning of “local authority” in planning Acts |
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| In section 336(1) of TCPA 1990 (interpretation) in the definition of “local |
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| authority” after paragraph (aa) insert— |
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| “(ab) | the London Fire and Emergency Planning Authority;”.” |
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115 | Insert the following new Clause— |
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| “Protection of gardens and green spaces |
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| (1) | The Town and Country Planning Act 1990 (c. 8) is amended as follows. |
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| (2) | After section 71A insert— |
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| “71B | Duty as respects gardens and urban green space in exercise of |
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| In exercise of any function under or by virtue of the planning Acts, |
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| the Greater London Authority Act 1999 or the Planning and |
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| Compulsory Purchase Act 2004, special regard shall be had to the |
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| desirability of preserving gardens, groups of gardens and urban |
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| |
| (3) | In section 336, after the definition of “function”, insert— |
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| (a) | land laid out as a public garden; |
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| (b) | land used for the purposes of public recreation; |
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| (c) | a pocket of green, or predominately green, space in |
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| an urban area which the local planning authority |
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| considers of townscape importance and which |
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| contributes to the character of the area or amenity of |
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| (d) | an area of open space which benefits wildlife and |
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| |
| (4) | Nothing in any guidance issued by the Secretary of State, a regional |
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| planning authority or other higher tier planning authority may be used by |
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| the Secretary of State to set aside a decision made in accordance with the |
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| adopted policies of a local planning authority for the protection and |
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| preservation of gardens or green space in their local authority area, unless |
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| the Secretary of State or planning authority can demonstrate that— |
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| (a) | it is essential in the specific case to the achievement of national |
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| |
| (b) | the decision of the local planning authority was improper. |
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| (5) | Nothing in this section shall be construed as— |
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| (a) | enabling the Secretary of State or higher tier planning authority to |
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| impose targets for local housing densities on a local planning |
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| authority in order to override the protection or preservation of |
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| (b) | interfering with permitted development rights.” |
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116 | Page 121, leave out lines 8 to 12 |
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117 | Page 122, line 42, leave out from “land” to end of line 43 |
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118 | Page 122, leave out line 44 and insert— |
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| “(3) | The Table describes the provisions of this Part.” |
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119 | Page 123, line 2, leave out “Charging authorities” and insert “The charge” |
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120 | Page 123, line 2, at end insert— |
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| “Section (Joint committees) |
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