House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

5
38
Page 19, line 19, after “Act” insert “(except in Part 11)”
Clause 33
39
Page 21, line 14, leave out “being made in relation to” and insert “authorising”
40
Page 21, line 20, leave out “is made in relation to” and insert “authorises”
Clause 34
41
Page 21, line 28, leave out “one or more of the fields” and insert “a field”
42
Page 21, line 34, leave out from first “in” to end of line 35 and insert “the same field”
Clause 36
43
Page 23, line 17, leave out from second “report” to end of line 21 and insert “giving

details of—

(a)
what has been done in compliance with sections 41, 46 and 47 in

relation to a proposed application that has become the application,

(b)
any relevant responses, and

(c)
the account taken of any relevant responses.

(8)
In subsection (7) “relevant response” has the meaning given by section

48(3).”
Clause 41
44
Page 24, line 36, leave out subsections (2) and (3)
Clause 42
45
Page 25, line 12, leave out second “or”
46
Page 25, line 14, at end insert—

“(g)
a National Park authority;

(h)
the Broads authority.”
Clause 43
47
Page 25, line 16, after “the” insert “applicant, after making diligent inquiry, knows

that the”
48
Page 25, line 33, at end insert—


“This is subject to subsection (4A).

(4A)
A person is within Category 3 only if the person is known to the applicant

after making diligent inquiry.”
49
Page 25, line 40, leave out from “works),” to end of line 41
Clause 45
50
Page 26, line 13, leave out “subsection (1) of”
51
Page 26, line 14, leave out “subsection” and insert “section”

6

Clause 46
52
Page 26, line 20, leave out “development” and insert “application”
53
Page 26, line 34, leave out paragraphs (b) and (c)
After Clause 48
54
Insert the following new Clause—

“Guidance about pre-application procedure

(1)
Guidance may be issued about how to comply with the requirements of

this Chapter.

(2)
Guidance under this section may be issued by the Commission or the

Secretary of State.

(3)
The applicant must have regard to any guidance under this section.”
Clause 53
55
Page 31, line 26, after “to” insert—

“(a)
the consultation report received under section 36(3)(c),

(b)
”
56
Page 31, line 27, at end insert “, and

(c)
the extent to which the applicant has had regard to any guidance

issued under section (Guidance about pre-application procedure).”
Clause 55
57
Page 32, line 33, after “the” insert “applicant, after making diligent inquiry, knows

that the”
58
Page 33, line 7, at end insert—


“This is subject to subsection (4A).

(4A)
A person is within Category 3 only if the person is known to the applicant

after making diligent inquiry.”
59
Page 33, line 14, leave out from “works),” to end of line 15
Clause 58
60
Page 34, line 34, leave out subsection (6)
Clause 65
61
Page 38, line 21, leave out “the prescribed form” and insert “writing to each of the

following—

(a)
the chief executive of the Commission;

(b)
the person appointed to chair the Commission, where the ex-

Commissioner is not the person appointed to chair the

Commission;

(c)
the lead member of the Panel, where the ex-Commissioner is not the

lead member of the Panel”

7

Clause 79
62
Page 43, line 6, leave out “the prescribed form” and insert “writing to each of the

following—

(a)
the chief executive of the Commission;

(b)
the person appointed to chair the Commission, where the ex-

Commissioner is not the person appointed to chair the

Commission”
Clause 92
63
Page 47, line 42, leave out “, exceptionally,”
Clause 95
64
Page 49, line 21, after “construction” insert “(other than by a gas transporter)”
After Clause 98
65
Insert the following new Clause—

“Legal advice and assistance

(1)
The person appointed to chair the Commission may, at the request of the

Examining authority, appoint a barrister, solicitor or advocate to provide

legal advice and assistance to the Examining authority in connection with

its examination of the application.

(2)
The assistance that may be given by a person appointed under subsection

(1) includes carrying out on behalf of the Examining authority any oral

questioning of a person making representations at a hearing.”
Clause 99
66
Page 51, line 23, leave out second “or”
67
Page 51, line 25, at end insert—

“(g)
a National Park authority;

(h)
the Broads authority.”
Clause 101
68
Page 52, line 16, leave out “the following subsections” and insert “subsections (4)

to (8)”
69
Page 52, line 33, at end insert—

“(9)
For the avoidance of doubt, the fact that any relevant national policy

statement identifies a location as suitable (or potentially suitable) for a

particular description of development does not prevent one or more of

subsections (4) to (8) from applying.”
Clause 105
70
Page 54, line 17, after “later)” insert “the statement or any part of it was”
71
Page 54, line 17, after first “reviewed” insert “all or part of”

8
72
Page 54, line 19, leave out “of the national policy statement”
Clause 106
73
Page 54, line 36, after “(2)” insert “or (2A)”
74
Page 55, line 7, at end insert—

“(2A)
The condition is that—

(a)
since the time when part of the 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 (“the relevant

policy”) was decided,

(b)
the change was not anticipated at that time,

(c)
if the change had been anticipated at that time, the relevant policy

would have been materially different,

(d)
if the relevant policy was materially different, it would be likely to

have a material effect on the decision on the application, and

(e)
there is an urgent need in the national interest for the application to

be decided before the relevant part is reviewed.”
75
Page 55, line 8, after “(e)” insert “, or (2A)(d) and (e),”
After Clause 107
76
Insert the following new Clause—

“Intervention: other circumstances

The Secretary of State may by order specify other circumstances in which

section 108 is to apply in relation to an application for an order granting

development consent.”
Clause 108
77
Page 55, line 18, after “applies” insert “in relation to an application for an order

granting development consent”
78
Page 55, line 28, after “106(2)” insert “or (2A)”
Clause 113
79
Page 57, line 41, leave out “, and under the seal,”
80
Page 58, line 1, leave out subsections (3) and (4)
81
Page 58, line 6, at beginning insert “Except in a case within subsection (5A),”
82
Page 58, line 7, at end insert—

“(5A)
If the order includes provision made in the exercise of any of the powers

conferred by section 116(5)(a) or (b), the order must be contained in a

statutory instrument.

(5B)
If the instrument containing the order is made by a Panel or the Council in

the name of the Commission, the Statutory Instruments Act 1946 applies in

relation to the instrument as if it had been made by a Minister of the Crown.

9

(5C)
As soon as practicable after the instrument is made, the appropriate

authority must deposit in the office of the Clerk of the Parliaments a copy

of—

(a)
the instrument,

(b)
the latest version of any plan supplied by the applicant in

connection with the application for the order contained in the

instrument, and

(c)
the statement of reasons prepared under section 112(1).”
83
Page 58, line 8, leave out “subsections (4) and (5)” and insert “this section”
Clause 114
84
Page 58, line 40, at end insert “or, if the correction is required to be made by order

contained in a statutory instrument, the day on which the order is published”
85
Page 59, line 3, at end insert “or, if the change to the order is required to be made

by order contained in a statutory instrument, the day on which the order making

the change is published”
86
Page 59, line 10, at end insert “or, if the change or revocation is required to be made

by order contained in a statutory instrument, the day on which the order making

the change or revocation is published”
Clause 121
87
Page 62, line 29, at end insert—

“(aa)
section 10 (compensation for injurious affection);”
Clause 124
88
Page 64, line 40, leave out “an application for an” and insert “the application for

the”
Clause 126
89
Page 65, line 41, leave out “an application for an” and insert “the application for

the”
After Clause 134
90
Insert the following new Clause—

“Common land and rights of common

(1)
An order granting development consent may not include provision the

effect of which is to exclude or modify the application of a provision of or

made under the Commons Act 2006, except in accordance with section 127

or 128.

(2)
For the purposes of section 38(6)(a) of the Commons Act 2006, works

carried out under a power conferred by an order granting development

consent are not to be taken to be carried out under a power conferred by or

under an enactment, except in a case to which section 127 or 128 applies.

10

(3)
An order granting development consent may not authorise the suspension

of, or extinguishment or interference with, registered rights of common,

except in accordance with section 127 or 128.

(4)
“Registered rights of common” means rights of common registered

under—

(a)
the Commons Act 2006, or

(b)
the Commons Registration Act 1965.”
After Clause 145
91
Insert the following new Clause—

“Liability under existing regimes

An order granting development consent may not include provision the

effect of which is to exclude or modify the application of—

(a)
any provision of the Nuclear Installations Act 1965;

(b)
section 28 of, and Schedule 2 to, the Reservoirs Act 1975 (liability for

damage and injury due to escape of water from a reservoir

constructed after 1930);

(c)
section 209 of the Water Industry Act 1991 (civil liability of water

undertakers for escapes of water from pipes);

(d)
section 48A of the Water Resources Act 1991 (civil remedies for loss

or damage due to water abstraction).”
92
Insert the following new Clause—

“Compensation in case where no right to claim in nuisance

(1)
This section applies if, by virtue of section (Nuisance: statutory authority) or

an order granting development consent, there is a defence of statutory

authority in civil or criminal proceedings for nuisance in respect of any

authorised works.

(2)
“Authorised works” are—

(a)
development for which consent is granted by an order granting

development consent;

(b)
anything else authorised by an order granting development

consent.

(3)
A person by whom or on whose behalf any authorised works are carried

out must pay compensation to any person whose land is injuriously

affected by the carrying out of the works.

(4)
A dispute as to whether compensation under subsection (3) is payable, or

as to the amount of the compensation, must be referred to the Lands

Tribunal.

(5)
Subsection (2) of section 10 of the Compulsory Purchase Act 1965

(limitation on compensation) applies to subsection (3) of this section as it

applies to that section.

(6)
Any rule or principle applied to the construction of section 10 of that Act

must be applied to the construction of subsection (3) of this section (with

any necessary modifications).

11

(7)
Part 1 of the Land Compensation Act 1973 (compensation for depreciation

of land value by physical factors caused by use of public works) applies in

relation to authorised works as if—

(a)
references in that Part to any public works were to any authorised

works;

(b)
references in that Part to the responsible authority were to the

person for whose benefit the order granting development consent

has effect for the time being;

(c)
sections 1(6) and 17 were omitted.

(8)
An order granting development consent may not include provision the

effect of which is to remove or modify the application of any of subsections

(1) to (7).”
Clause 148
93
Page 78, line 2, after “Act” insert “(except Part 11)”
Clause 149
94
Page 78, line 17, leave out subsection (4)
After Clause 150
95
Insert the following new Clause—

“Nuisance: statutory authority

(1)
This subsection confers statutory authority for—

(a)
carrying out development for which consent is granted by an order

granting development consent;

(b)
doing anything else authorised by an order granting development

consent.

(2)
Statutory authority under subsection (1) is conferred only for the purpose

of providing a defence in civil or criminal proceedings for nuisance.

(3)
Subsections (1) and (2) are subject to any contrary provision made in any

particular case by an order granting development consent.”
Clause 151
96
Leave out Clause 151
Clause 169
97
Page 88, line 2, after “construction” insert “(other than by a gas transporter)”
98
Page 88, line 19, after “construction” insert “(other than by a gas transporter)”
99
Page 89, line 40, after “(c. 58);” insert—

““gas transporter” has the same meaning as in Part 1 of the Gas Act

1986 (see section 7(1) of that Act);”