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Lords Amendment 175

141.     Clauses 101 and 102 confer upon the Secretary of State the power to prescribe in regulations matters to which regard must be had when decisions are taken on applications for development consent orders. As the Bill is currently drafted, any such regulations are subject to the negative procedure[rj4]. Lords Amendment 175 would replace this with the affirmative procedure.

Lords Amendments 177

142.     Lords Amendment 177 would change the definition of “land” for the purposes of Parts 1 to 10 and 12 of the Bill. The amendment would remove the reference to a corporeal hereditament and adds a reference to land covered by water. This change would enable the definition to be applied in relation to clauses in Part 3 of the Bill which provide for development offshore, including in a Renewable Energy Zone.

Lords Amendments 179, 180, 184, 185, 187, and 189

143.     Lords Amendment 179 would confine the extent of clauses 129, 143 and 144 to England and Wales only.

144.     Lords Amendment 180 would make a technical change to the extent clause to reflect the fact that clauses 196 and 197 are in fact in Part 10 of the Bill (Wales), not in Part 9 (Changes to existing planning regimes).

145.     Clause 226(1) provides that certain powers to make orders come into force on the day on which the Bill receives Royal Assent. An exception is made in the case of the power to make orders granting development consent. Lords Amendment 185 adds a further exception for the power to make orders making changes to orders granting development consent.

146.     Lords Amendment 189 is consequential on Lords Amendment 217.

147.      Clause 226(1) provides that the provisions of Parts 1 to 8 of the Bill which confer power to make secondary legislation (except orders granting development consent) come into force on Royal Assent. The effect of Lords Amendments 184 and 187 would be that this provision will also apply with respect to powers to make secondary legislation in Part 9 (except those for which specific provision is made elsewhere in the clause).

Lords Amendments 191 to 199

148.     Paragraph 9 of Schedule 1 requires that, before the chair of the Commission appoints a Commissioner to be an ordinary member of the Council, the chair must consult and have regard to the views of other Commissioners and the chief executive. Lords Amendments 191 to 199 would expand the scope of paragraph 9 so that this requirement also applies when the chair proposes to end the appointment of an ordinary member of the Council.

Lords Amendments 201 and 202

149.     Lords Amendments 201 and 202 relate to the application of the seal of the Infrastructure Planning Commission (‘the Commission’) and its execution of instruments. Lords Amendment 201 would make it clear that paragraph 23(1) of Schedule 1 to the Bill sets out the method of authentification that is necessary and sufficient. It is not intended to require a specific person to authenticate every application of every seal.

150.     Lords Amendment 202 would remove paragraph 23(2) from Schedule 1. This sub-paragraph provides that a contract or instrument which, if entered into or executed by an individual, would not need to be under seal, may be entered into or executed on behalf of the Commission by any person who has been authorised by the Commission for this purpose. As a result of the Corporate Bodies’ Contracts Act 1960 and the Law of Property (Miscellaneous Provisions) Act 1989, provision in this form is unnecessary in Acts other than those extending to Northern Ireland.

Lords Amendment 204

151.     This amendment would ensure that extensions to the Crossrail scheme and alterations to “railway facilities” for the purposes of, or in connection with, Crossrail do not require development consent under the Bill, but will continue to be authorised under the Transport and Works Act 1992 instead.

Lords Amendments 209

152.     Paragraph 4 of Schedule 4 contains a definition of the expression “applicant” for the purposes of the Schedule. As currently drafted, the expression is defined as the person who applied for the order granting development consent to which the decision relates. This suggests that an order must have been granted, but in fact Schedule 4 also covers a case where the decision in question is the refusal of development consent. Lords Amendment 209 would correct the definition of “applicant” so that it covers any person who makes an application to which the decision relates.

Lords Amendment 216

153.      Lords Amendment 216 would modify subsections (3) to (5) of clause 163 in so far as these subsections apply to Scotland. These subsections relate to steps required to be taken by a notice of unauthorised development.

Lords Amendments 217

154.     Lords Amendment 217 would correct an error in Schedule 13. A Government amendment removed what was paragraph 37 of Schedule 2 to the Bill at Commons Report but omitted to remove this repeal in consequence.

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Prepared: 19 November 2008