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38 | Page 19, line 19, after “Act” insert “(except in Part 11)” |
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39 | Page 21, line 14, leave out “being made in relation to” and insert “authorising” |
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40 | Page 21, line 20, leave out “is made in relation to” and insert “authorises” |
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41 | Page 21, line 28, leave out “one or more of the fields” and insert “a field” |
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42 | Page 21, line 34, leave out from first “in” to end of line 35 and insert “the same field” |
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43 | Page 23, line 17, leave out from second “report” to end of line 21 and insert “giving |
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| (a) | what has been done in compliance with sections 41, 46 and 47 in |
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| relation to a proposed application that has become the application, |
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| (b) | any relevant responses, and |
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| (c) | the account taken of any relevant responses. |
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| (8) | In subsection (7) “relevant response” has the meaning given by section |
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| |
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44 | Page 24, line 36, leave out subsections (2) and (3) |
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45 | Page 25, line 12, leave out second “or” |
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46 | Page 25, line 14, at end insert— |
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| “(g) | a National Park authority; |
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| (h) | the Broads authority.” |
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47 | Page 25, line 16, after “the” insert “applicant, after making diligent inquiry, knows |
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48 | Page 25, line 33, at end insert— |
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| | “This is subject to subsection (4A). |
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| (4A) | A person is within Category 3 only if the person is known to the applicant |
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| after making diligent inquiry.” |
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49 | Page 25, line 40, leave out from “works),” to end of line 41 |
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50 | Page 26, line 13, leave out “subsection (1) of” |
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51 | Page 26, line 14, leave out “subsection” and insert “section” |
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| | |
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52 | Page 26, line 20, leave out “development” and insert “application” |
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53 | Page 26, line 34, leave out paragraphs (b) and (c) |
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54 | Insert the following new Clause— |
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| “Guidance about pre-application procedure |
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| (1) | Guidance may be issued about how to comply with the requirements of |
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| |
| (2) | Guidance under this section may be issued by the Commission or the |
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| |
| (3) | The applicant must have regard to any guidance under this section.” |
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55 | Page 31, line 26, after “to” insert— |
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| “(a) | the consultation report received under section 36(3)(c), |
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| |
56 | Page 31, line 27, at end insert “, and |
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| (c) | the extent to which the applicant has had regard to any guidance |
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| issued under section (Guidance about pre-application procedure).” |
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57 | Page 32, line 33, after “the” insert “applicant, after making diligent inquiry, knows |
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| |
58 | Page 33, line 7, at end insert— |
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| | “This is subject to subsection (4A). |
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| (4A) | A person is within Category 3 only if the person is known to the applicant |
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| after making diligent inquiry.” |
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59 | Page 33, line 14, leave out from “works),” to end of line 15 |
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60 | Page 34, line 34, leave out subsection (6) |
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61 | Page 38, line 21, leave out “the prescribed form” and insert “writing to each of the |
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| |
| (a) | the chief executive of the Commission; |
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| (b) | the person appointed to chair the Commission, where the ex- |
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| Commissioner is not the person appointed to chair the |
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| |
| (c) | the lead member of the Panel, where the ex-Commissioner is not the |
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| lead member of the Panel” |
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| |
| | |
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62 | Page 43, line 6, leave out “the prescribed form” and insert “writing to each of the |
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| |
| (a) | the chief executive of the Commission; |
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| (b) | the person appointed to chair the Commission, where the ex- |
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| Commissioner is not the person appointed to chair the |
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| |
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63 | Page 47, line 42, leave out “, exceptionally,” |
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64 | Page 49, line 21, after “construction” insert “(other than by a gas transporter)” |
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65 | Insert the following new Clause— |
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| “Legal advice and assistance |
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| (1) | The person appointed to chair the Commission may, at the request of the |
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| Examining authority, appoint a barrister, solicitor or advocate to provide |
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| legal advice and assistance to the Examining authority in connection with |
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| its examination of the application. |
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| (2) | The assistance that may be given by a person appointed under subsection |
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| (1) includes carrying out on behalf of the Examining authority any oral |
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| questioning of a person making representations at a hearing.” |
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|
66 | Page 51, line 23, leave out second “or” |
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67 | Page 51, line 25, at end insert— |
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| “(g) | a National Park authority; |
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| (h) | the Broads authority.” |
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|
68 | Page 52, line 16, leave out “the following subsections” and insert “subsections (4) |
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| |
69 | Page 52, line 33, at end insert— |
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| “(9) | For the avoidance of doubt, the fact that any relevant national policy |
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| statement identifies a location as suitable (or potentially suitable) for a |
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| particular description of development does not prevent one or more of |
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| subsections (4) to (8) from applying.” |
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70 | Page 54, line 17, after “later)” insert “the statement or any part of it was” |
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71 | Page 54, line 17, after first “reviewed” insert “all or part of” |
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| |
| | |
72 | Page 54, line 19, leave out “of the national policy statement” |
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|
73 | Page 54, line 36, after “(2)” insert “or (2A)” |
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74 | Page 55, line 7, at end insert— |
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| “(2A) | The condition is that— |
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| (a) | since the time when part of the national policy statement (“the |
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| relevant part”) was first published or (if later) last reviewed, there |
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| has been a significant change in any circumstances on the basis of |
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| which any of the policy set out in the relevant part (“the relevant |
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| |
| (b) | the change was not anticipated at that time, |
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| (c) | if the change had been anticipated at that time, the relevant policy |
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| would have been materially different, |
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| (d) | if the relevant policy was materially different, it would be likely to |
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| have a material effect on the decision on the application, and |
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| (e) | there is an urgent need in the national interest for the application to |
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| be decided before the relevant part is reviewed.” |
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75 | Page 55, line 8, after “(e)” insert “, or (2A)(d) and (e),” |
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76 | Insert the following new Clause— |
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| “Intervention: other circumstances |
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| The Secretary of State may by order specify other circumstances in which |
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| section 108 is to apply in relation to an application for an order granting |
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| |
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77 | Page 55, line 18, after “applies” insert “in relation to an application for an order |
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| granting development consent” |
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78 | Page 55, line 28, after “106(2)” insert “or (2A)” |
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|
79 | Page 57, line 41, leave out “, and under the seal,” |
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80 | Page 58, line 1, leave out subsections (3) and (4) |
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81 | Page 58, line 6, at beginning insert “Except in a case within subsection (5A),” |
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82 | Page 58, line 7, at end insert— |
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| “(5A) | If the order includes provision made in the exercise of any of the powers |
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| conferred by section 116(5)(a) or (b), the order must be contained in a |
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| |
| (5B) | If the instrument containing the order is made by a Panel or the Council in |
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| the name of the Commission, the Statutory Instruments Act 1946 applies in |
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| relation to the instrument as if it had been made by a Minister of the Crown. |
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| |
| | |
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| (5C) | As soon as practicable after the instrument is made, the appropriate |
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| authority must deposit in the office of the Clerk of the Parliaments a copy |
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| |
| |
| (b) | the latest version of any plan supplied by the applicant in |
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| connection with the application for the order contained in the |
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| |
| (c) | the statement of reasons prepared under section 112(1).” |
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83 | Page 58, line 8, leave out “subsections (4) and (5)” and insert “this section” |
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|
84 | Page 58, line 40, at end insert “or, if the correction is required to be made by order |
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| contained in a statutory instrument, the day on which the order is published” |
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85 | Page 59, line 3, at end insert “or, if the change to the order is required to be made |
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| by order contained in a statutory instrument, the day on which the order making |
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| |
86 | Page 59, line 10, at end insert “or, if the change or revocation is required to be made |
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| by order contained in a statutory instrument, the day on which the order making |
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| the change or revocation is published” |
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|
87 | Page 62, line 29, at end insert— |
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| “(aa) | section 10 (compensation for injurious affection);” |
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|
88 | Page 64, line 40, leave out “an application for an” and insert “the application for |
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| |
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89 | Page 65, line 41, leave out “an application for an” and insert “the application for |
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| |
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90 | Insert the following new Clause— |
|
| “Common land and rights of common |
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| (1) | An order granting development consent may not include provision the |
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| effect of which is to exclude or modify the application of a provision of or |
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| made under the Commons Act 2006, except in accordance with section 127 |
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| |
| (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 |
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| consent are not to be taken to be carried out under a power conferred by or |
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| under an enactment, except in a case to which section 127 or 128 applies. |
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|
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| |
| | |
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| (3) | An order granting development consent may not authorise the suspension |
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| of, or extinguishment or interference with, registered rights of common, |
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| except in accordance with section 127 or 128. |
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| (4) | “Registered rights of common” means rights of common registered |
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| |
| (a) | the Commons Act 2006, or |
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| (b) | the Commons Registration Act 1965.” |
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|
91 | Insert the following new Clause— |
|
| “Liability under existing regimes |
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| An order granting development consent may not include provision the |
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| 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 |
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| |
| (c) | section 209 of the Water Industry Act 1991 (civil liability of water |
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| undertakers for escapes of water from pipes); |
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| (d) | section 48A of the Water Resources Act 1991 (civil remedies for loss |
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| 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 |
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| an order granting development consent, there is a defence of statutory |
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| authority in civil or criminal proceedings for nuisance in respect of any |
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| |
| (2) | “Authorised works” are— |
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| (a) | development for which consent is granted by an order granting |
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| |
| (b) | anything else authorised by an order granting development |
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| |
| (3) | A person by whom or on whose behalf any authorised works are carried |
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| out must pay compensation to any person whose land is injuriously |
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| affected by the carrying out of the works. |
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| (4) | A dispute as to whether compensation under subsection (3) is payable, or |
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| as to the amount of the compensation, must be referred to the Lands |
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| |
| (5) | Subsection (2) of section 10 of the Compulsory Purchase Act 1965 |
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| (limitation on compensation) applies to subsection (3) of this section as it |
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| |
| (6) | Any rule or principle applied to the construction of section 10 of that Act |
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| must be applied to the construction of subsection (3) of this section (with |
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| any necessary modifications). |
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|
|
| |
| | |
|
| (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 |
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| relation to authorised works as if— |
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| (a) | references in that Part to any public works were to any authorised |
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| |
| (b) | references in that Part to the responsible authority were to the |
|
| person for whose benefit the order granting development consent |
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| 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 |
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| effect of which is to remove or modify the application of any of subsections |
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| |
|
93 | Page 78, line 2, after “Act” insert “(except Part 11)” |
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|
94 | Page 78, line 17, leave out subsection (4) |
|
|
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 |
|
| |
| (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 |
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| particular case by an order granting development consent.” |
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|
96 | |
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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);” |
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|