House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

12

After Clause 170
100
Insert the following new Clause—

“Grants for advice and assistance: Scotland

(1)
The Secretary of State may make grants for the purpose of assisting any

person to provide advice and assistance in connection with any matter

which is related to the application of this Act to Scotland.

(2)
The Secretary of State may, as respects any such grant, provide that it is to

be subject to such terms and conditions as the Secretary of State thinks

appropriate.”
Before Clause 173
101
Insert the following new Clause—

“Regional spatial strategies: climate change policies

(1)
Section 1 of the Planning and Compulsory Purchase Act 2004 (regional

functions: regional spatial strategies) is amended as follows.

(2)
After subsection (2) insert—

“(2A)
The RSS must include policies designed to secure that the

development and use of land in the region contribute to the

mitigation of, and adaptation to, climate change.”

(3)
In subsection (3) for “subsection (2)” substitute “subsections (2) and (2A)”.”
After Clause 173
102
Insert the following new Clause—

“Good design

In section 39 of PCPA 2004 (sustainable development) after subsection (2)

insert—

“(2A)
For the purposes of subsection (2) the person or body must (in

particular) have regard to the desirability of achieving good

design.””
Clause 177
103
Leave out Clause 177
Clause 178
104
Leave out Clause 178
Clause 179
105
Leave out Clause 179

13

Clause 180
106
Leave out Clause 180
Clause 183
107
Page 106, line 42, leave out “In”
108
Page 107, line 2, after “order)” insert “is amended as follows.

(2)
After subsection (2) insert—

“(2A)
Where—

(a)
planning permission granted by a development order for

development in England of a prescribed description is

withdrawn by the issue of directions under powers

conferred by the order, or

(b)
planning permission granted by a local development order

for development in England is withdrawn by the issue of

directions under powers conferred by the order,


this section applies only if the application referred to in subsection

(1)(b) is made before the end of the period of 12 months beginning

with the date on which the directions took effect.”

(3)
”
109
Page 107, line 4, leave out from beginning to end of line 19 and insert—

“(a)
in the case of planning permission granted by a development order,

the condition in subsection (3C) is met;

(b)
in the case of planning permission granted by a local development

order, the condition in subsection (3D) is met.

(3C)
The condition referred to in subsection (3B)(a) is that—

(a)
the planning permission is granted for development in England of

a prescribed description,

(b)
the planning permission is withdrawn in the prescribed manner,

(c)
notice of the withdrawal was published in the prescribed manner

not less than 12 months or more than the prescribed period before

the withdrawal took effect, and

(d)
either—

(i)
the development authorised by the development order had

not started before the notice was published, or

(ii)
the development order includes provision in pursuance of

section 61D permitting the development to be completed

after the permission is withdrawn.

(3D)
The condition referred to in subsection (3B)(b) is that—

(a)
the planning permission is granted for development in England,

(b)
the planning permission is withdrawn by the revocation or

amendment of the local development order, or by the issue of

directions under powers conferred by the local development order,

(c)
notice of the revocation, amendment or directions was published in

the prescribed manner not less than 12 months or more than the

prescribed period before the revocation, amendment or directions

(as the case may be) took effect, and

(d)
either—

14

(i)
the development authorised by the local development order

had not started before the notice was published, or

(ii)
the local development order includes provision in

pursuance of section 61D permitting the development to be

completed after the permission is withdrawn.””
110
Page 107, line 19, at end insert—

“(4)
After subsection (4) insert—

“(5)
Regulations under this section prescribing a description of

development may (in particular) do so by reference to one or more

classes or descriptions of development specified in a development

order.

(6)
In this section “prescribed” means prescribed by regulations made

by the Secretary of State.””
Clause 186
111
Page 112, line 13, leave out “contained in the planning Acts” and insert “of this Act

mentioned in subsection (1A).

(1A)
The provisions are any provision of Part 3 relating to planning permission

or applications for planning permission, except sections 56, 62, 65, 69(3)

and (4), 71, 91 to 96, 100 and 101 and Schedule 8.”
Clause 193
112
Page 118, line 35, at beginning insert “in the case of regulations made by virtue of

subsection (5)(f) or paragraph (a) of this subsection,”
Clause 194
113
Page 119, line 34, at beginning insert “in the case of regulations made by virtue of

subsection (2)(e) or paragraph (a) of this subsection,”
After Clause 194
114
Insert the following new Clause—

“Meaning of “local authority” in planning Acts

In section 336(1) of TCPA 1990 (interpretation) in the definition of “local

authority” after paragraph (aa) insert—

“(ab)
the London Fire and Emergency Planning Authority;”.”
115
Insert the following new Clause—

“Protection of gardens and green spaces

(1)
The Town and Country Planning Act 1990 (c. 8) is amended as follows.

(2)
After section 71A insert—

15

“71B
Duty as respects gardens and urban green space in exercise of

planning functions

In exercise of any function under or by virtue of the planning Acts,

the Greater London Authority Act 1999 or the Planning and

Compulsory Purchase Act 2004, special regard shall be had to the

desirability of preserving gardens, groups of gardens and urban

green spaces.”

(3)
In section 336, after the definition of “function”, insert—

““green space” means—

(a)
land laid out as a public garden;

(b)
land used for the purposes of public recreation;

(c)
a pocket of green, or predominately green, space in

an urban area which the local planning authority

considers of townscape importance and which

contributes to the character of the area or amenity of

local residents;

(d)
an area of open space which benefits wildlife and

biodiversity;”.

(4)
Nothing in any guidance issued by the Secretary of State, a regional

planning authority or other higher tier planning authority may be used by

the Secretary of State to set aside a decision made in accordance with the

adopted policies of a local planning authority for the protection and

preservation of gardens or green space in their local authority area, unless

the Secretary of State or planning authority can demonstrate that—

(a)
it is essential in the specific case to the achievement of national

housing targets; or

(b)
the decision of the local planning authority was improper.

(5)
Nothing in this section shall be construed as—

(a)
enabling the Secretary of State or higher tier planning authority to

impose targets for local housing densities on a local planning

authority in order to override the protection or preservation of

gardens, or

(b)
interfering with permitted development rights.”
Clause 196
116
Page 121, leave out lines 8 to 12
Clause 198
117
Page 122, line 42, leave out from “land” to end of line 43
118
Page 122, leave out line 44 and insert—

“(3)
The Table describes the provisions of this Part.”
119
Page 123, line 2, leave out “Charging authorities” and insert “The charge”
120
Page 123, line 2, at end insert—

“Section (Joint committees)
Joint committees”