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Orders of the Day
Planning Bill
As amended in the Public Bill Committee, further considered.
‘Section 103 applies by virtue of this section if—
(a) an application is made for an order granting development consent,
(b) the Commission has accepted the application and has received a certificate under section 55(2) in relation to the application, and
(c) the Secretary of State is satisfied that intervention by the Secretary of State would be in the interests of defence or national security.’.— [Hazel Blears.]
Brought up, and read the First time.
2.57 pm
The Secretary of State for Communities and Local Government (Hazel Blears): I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker (Sir Michael Lord): With this it will be convenient to discuss the following: Government new clause 12— Effect of intervention.
Government new clause 13— Development for which development consent may be granted.
New clause 7— Independent third party oversight of consultation—
‘(1) The provisions of this section apply to Chapter 2 of Part 5 of this Act.
(2) The Commission shall appoint for each applicant an independent third party (“the third party”) to oversee the pre-application procedure.
(3) The third party shall advise the applicant as to the appropriate form of consultation to be set out in the applicant’s statement under section 45(1) of this Act.
(4) The applicant shall have regard to advice given by the third party under subsection (3).
(5) The third party may undertake to carry out any such consultation under section 45(7) of this Act, on behalf of the applicant, as the third party considers appropriate.
(6) The Secretary of State shall agree arrangements to meet the cost of consultation undertaken by the third party under subsection (5).
(7) The Commission may make arrangements on behalf of the Secretary of State under subsection (6).
(8) Costs agreed under subsection (6) may be met by—
(9) Subsection (7) shall not apply where costs are to be met by the Secretary of State under subsection (8)(c), except where the Secretary of State has indicated otherwise.’.
New clause 39— Legal challenges relating to nuisance etc.—
‘No proceedings, whether criminal or civil, in nuisance and no civil proceedings in respect of the escape of things from land, other than proceedings for breach of statutory duty, may be brought in relation to development, works or operations authorised by an order granting development consent.’.
New clause 40— Notice of persons interested in land to which compulsory acquisition request relates—
‘(1) This section applies where—
(a) the Commission has accepted an application for an order granting development consent, and
(b) the application includes a request for an order granting development consent to authorise compulsory acquisition of land or of an interest in or right over land (a “compulsory acquisition request”).
(2) The applicant must give to the Commission a notice specifying the names, and such other information as may be prescribed, of each affected person.
(3) Notice under subsection (2) must be given in such form and manner as may be prescribed.
(4) A person is an “affected person” for the purposes of this section if the applicant, after making diligent inquiry, knows that the person is interested in the land to which the compulsory acquisition request relates or any part of that land.’.
New clause 41— Compulsory acquisition hearings—
‘(1) This section applies where the application includes a request for an order granting development consent to authorise compulsory acquisition of land or of an interest in or right over land (a “compulsory acquisition request”).
(2) The Examining authority must fix, and cause each affected person to be informed of, the deadline by which an affected person must notify the Commission that the person wishes a compulsory acquisition hearing to be held.
(3) If the Commission receives notification from at least one affected person before the deadline, the Examining authority must cause a compulsory acquisition hearing to be held.
(4) At a compulsory acquisition hearing, the following are entitled (subject to the Examining authority’s powers of control over the conduct of the hearing) to make oral representations about the compulsory acquisition request—
(5) A person is an “affected person” for the purposes of this section if the person’s name has been given to the Commission in a notice under section [Notice of persons interested in land to which compulsory acquisition request relates].’.
New clause 42— Local impact reports—
‘(1) Subsection (2) applies where the Commission—
(a) has accepted an application for an order granting development consent, and
(i) a certificate under section 55(2) in relation to the application, and
(ii) where section [Notice of persons interested in land to which compulsory acquisition request relates] applies, a notice under that section in relation to the application.
(2) The Commission must give notice in writing to each of the following, inviting them to submit a local impact report to it—
(a) each authority which, in relation to the application, is a relevant local authority within the meaning given by section 95(5), and
(b) the Greater London Authority if the land to which the application relates, or any part of it, is in Greater London.
(3) A “local impact report” is a report in writing giving details of the likely impact of the proposed development in the authority’s area (or any part of that area).
(4) “The proposed development” is the development for which the application seeks development consent.
(5) A notice under subsection (2) must specify the deadline for receipt by the Commission of the local impact report.
(6) The deadline is the deadline for completion of the examination of the application by a Panel or a single Commissioner (see section).’.
Amendment No. 5, in clause 1, page 1, line 5, at end insert
‘for the purpose of advising the Secretary of State on applications for orders granting development consent’.
Amendment No. 68, in page 1, line 7, at end insert—
‘(2A) Decisions taken by the Commission as part of any function conferred on it shall be subject to confirmation by the Secretary of State.’.
Amendment No. 339, in page 1, line 7, at end insert—
‘(2A) Decisions taken by the Commission as part of any function conferred on it shall be subject to confirmation by the Secretary of State.
(2B) The Secretary of State must decide whether or not to confirm any such decision by the end of the period of six months beginning with the day after the day on which the Secretary of State received the decision.’.
Amendment No. 60, in clause 35, page 21, line 41, leave out ‘Commission’ and insert ‘Secretary of State’.
Amendment No. 61, in clause 36, page 22, line 27, leave out ‘Commission’ and insert ‘Secretary of State’.
Amendment No. 62, in page 22, line 28, leave out ‘its’ and insert ‘the’.
Amendment No. 55, in clause 40, page 23, line 30, after ‘application’, insert
‘and seek to resolve any issues which they may raise’.
Amendment No. 326, in page 23, line 32, at end insert—
‘(ba) statutory environment agencies’.
Amendment No. 317, in clause 42, page 24, line 34, after ‘means’, insert
‘a claim by a person who after diligent enquiry is found to have’.
Amendment No. 318, in page 24, line 37, at end insert ‘or’.
Amendment No. 319, in page 24, line 40, leave out from ‘works)’ to end of line 41.
Amendment No. 310, in clause 52, page 30, line 12, at end insert
‘has accepted no more than 40 applications in the previous twelve months and’.
Amendment No. 327, in page 30, line 37, leave out ‘notify the applicant of the acceptance’ and insert—
‘(a) notify the applicant of the acceptance,
(b) commission and fund an assessment by the relevant local planning authority, or authorities, of—
(i) whether the development proposed in the application is in accordance with the principles set out in the authority’s (or, as the case may be, authorities’) local development documents as defined in section 17 of the Planning and Compulsory Purchase Act 2004;
(ii) the likely impact of the application on residents within the local authority area;
(iii) whether the application takes reasonable consideration of persons residing in the relevant local planning authority area;
(iv) any other matter which the relevant planning authority considers appropriate.
(6A) A local planning authority is relevant under subsection (6) if any of the locations in the application is in the authority’s area.’.
Amendment No. 322, in clause 54, page 32, line 8, after ‘means’, insert
‘a claim by a person, who after diligent enquiry is found to have’.
Amendment No. 320, in page 32, line 11, at end insert ‘or’.
Amendment No. 321, in page 32, line 14, leave out from ‘works) to end of line 15.
Amendment No. 340, in clause 56, page 33, line 3, after ‘received’, insert ‘(i)’.
Amendment No. 341, in page 33, line 4, after ‘application’, insert ‘, and
(ii) where section [Notice of persons interested in land to which compulsory acquisition request relates] applies, a notice under that section in relation to the application.’.
Amendment No. 6, in clause 69, page 38, line 21, leave out subsection (1).
Amendment No. 7, in page 38, line 25, leave out ‘In any other case,’.
Amendment No. 63, in clause 78, page 41, line 31, leave out from ‘made’ to end of line 34 and insert ‘to the Secretary of State’.
Amendment No. 8, in page 41, leave out lines 32 and 33.
Amendment No. 9, in page 41, line 34, leave out ‘, in any other case’.
Amendment No. 10, in page 42, line 2, leave out Clause 79.
Amendment No. 11, in page 42, line 8, leave out Clause 80.
Amendment No. 66, in clause 85, page 44, line 5, at end insert
‘, subject to the right of interested parties to make oral representations.’.
Amendment No. 342, in page 44, line 7, after ‘86’, insert ‘, [Compulsory acquisition hearings]’.
Amendment No. 343, in clause 88, page 45, line 1, after ‘86(2)’, insert—
‘(aa) to a compulsory acquisition hearing (see section [Compulsory acquisition hearings]),’.
Amendment No. 344, in page 45, line 10, leave out ‘an interested party’ and insert ‘another person’.
Amendment No. 345, in page 45, line 15, after ‘86(3)’, insert ‘, [Compulsory acquisition hearings](4)’.
Amendment No. 346, in page 45, line 16, leave out ‘an interested party’ and insert ‘another person’.
Amendment No. 347, in page 45, line 23, after ‘86(3)’, insert ‘, [Compulsory acquisition hearings](4)’.
Amendment No. 348, in page 45, line 29, leave out ‘an interested party’ and insert ‘another person’.
Amendment No. 350, in page 45, line 32, leave out ‘an interested party’ and insert ‘a person’.
Amendment No. 351, in page 45, line 32, leave out ‘party’s’ and insert ‘person’s’.
Amendment No. 352, in page 45, line 35, after ‘86(3)’, insert ‘, [Compulsory acquisition hearings](4)’.
Amendment No. 353, in clause 89, page 46, line 8, at end insert—
‘(ba) a compulsory acquisition hearing (see section [Compulsory acquisition hearings],’.
Amendment No. 12, in clause 96, page 49, line 5, leave out from ‘consent’ to end of line 15.
Amendment No. 64, in page 49, line 11, leave out from ‘consent’ to end of line 15 and insert ‘means the Secretary of State’.
Amendment No. 13, in page 49, line 16, leave out Clause 97.
Amendment No. 349, in clause 97, page 49, line 22, at end insert—
‘(aa) any local impact report (within the meaning given by section [Local impact reports](3)) submitted to the Commission before the deadline specified in a notice under section [Local impact reports](2),’.
Amendment No. 69, in page 49, line 23, leave out paragraphs (b) and (c) and insert—
‘(b) any other national policy which is relevant to the development,
(d) the desirability of contributing to the mitigation of, and adaptation to, climate change,
(e) the proposed measures for limiting the nature or extent of any negative impact of the development, and
(f) any other material considerations.’.
Amendment No. 328, in page 49, line 22, at end insert—
‘(ba) all relevant planning policy statements,
(bb) the views of statutory environment agencies’.
Amendment No. 292, in page 49, line 25, leave out from ‘other’ to end of line 40 and insert ‘material considerations’.
Amendment No. 70, in page 49, line 27, leave out from ‘with’ to end of line 29 and insert—
‘(a) the dual objectives of achieving sustainable development and of avoiding (so far as is reasonably practicable) damage to or deterioration of—
(i) society, including the health and well being of the population;
(ii) the environment, including biodiversity, living organisms and the ecological systems of which they form part, natural resources and the climate; and
(b) any relevant national policy statement, except to the extent that one or more of the following subsections applies.’.
Amendment No. 71, in page 50, line 3, at end insert—
‘(9) This subsection applies if the Panel or Council is satisfied that deciding the application in accordance with any national policy statement will or may be inconsistent with achieving one or both of the objectives in subsection (3)(a).
(10) For the purpose of this section and section 95 “development plan” has the meaning given in section 38 of the Planning and Compulsory Purchase Act 2004.
(11) For the purpose of this section the Panel or Council must have regard to advice relating to sustainable development contained in guidance to be issued by the Secretary of State.’.
Amendment No. 14, in clause 98, page 50, line 5, leave out subsection (1).
Amendment No. 355, in page 50, line 7, at end insert—
‘(za) any local impact report (within the meaning given by section [Local impact reports](3)) submitted to the Commission before the deadline specified in a notice under section [Local impact reports](2),’.
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