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Mr. Edward Davey (Kingston and Surbiton) (LD): On a point of order, Mr. Deputy Speaker.
Mr. Deputy Speaker: If the hon. Gentleman could wait until we have completed these votes, we can deal with it then.
Amendment made: No. 342, page 44, line 7, after ‘86’, insert ‘, [ Compulsory acquisition hearings]’.— [John Healey.]
Amendments made: No. 343, page 45, line 1, after ‘86(2)’, insert—
‘(aa) to a compulsory acquisition hearing (see section [ Compulsory acquisition hearings]),’.
No. 344, page 45, line 10, leave out ‘an interested party’ and insert ‘another person’.
No. 345, page 45, line 15, after ‘86(3)’, insert ‘, [ Compulsory acquisition hearings](4)’.
No. 346, page 45, line 16, leave out ‘an interested party’ and insert ‘another person’.
No. 347, page 45, line 23, after ‘86(3)’, insert ‘, [ Compulsory acquisition hearings](4)’.
No. 348, page 45, line 29, leave out ‘an interested party’ and insert ‘another person’.
No. 350, page 45, line 32, leave out ‘an interested party’ and insert ‘a person’.
No. 351, page 45, line 32, leave out ‘party’s’ and insert ‘person’s’.
No. 352, page 45, line 35, after ‘86(3)’, insert ‘, [ Compulsory acquisition hearings](4)’.— [John Healey.]
Amendment made: No. 353, page 46, line 8, at end insert—
‘(ba) a compulsory acquisition hearing (see section [ Comp ulsory acquisition hearings],’— [John Healey.]
Amendment made: No. 349, 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),’.— [John Healey.]
Amendment made: No. 355, 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),’.— [John Healey.]
Amendments made: No. 103, page 50, line 30, after ‘decision-maker’, insert
No. 104, page 50, line 32, at end insert—
‘(d) in a case where the Secretary of State is the decision-maker by virtue of section [ Effect of intervention](2)(b), the deadline for the completion of the Secretary of State’s examination of the application under section [ Effect of intervention](2)(a).’.— [John Healey.]
Amendment made: No. 105, in page 51, line 38, after ‘applies’, insert ‘by virtue of this section’. —[John Healey.]
Amendment made: No. 354, in page 52, line 2, after ‘55(2)’, insert
‘, and (where section [ Notice of persons interested in land to which compulsory acquisition request relates] applies, a notice under that section,’.— [Mr. Betts.]
Amendments made: No. 106, page 52, line 3, leave out ‘either the condition in subsection (2) or’.
No. 107, page 52, line 5, leave out subsection (2).— [John Healey.]
Amendments made: No. 108, page 52, line 30, after ‘(4)’, insert
‘In a case where this section applies by virtue of section 102,’
No. 109, page 52, line 31, leave out ‘102(2) or (3)’ and insert ‘102(3)’.— [John Healey.]
Amendment made: No. 110, page 52, line 32, leave out Clause 104.— [John Healey.]
Amendments made: No. 111, page 53, line 28, at end insert—
‘(1A) The Secretary of State may by regulations make provision regulating the procedure to be followed if the decision-maker proposes to make an order granting development consent on terms which are materially different to those proposed in the application.’.
No. 112, page 53, line 29, leave out subsections (2) to (7).— [John Healey.]
Amendments made: No. 161, page 67, line 23, after ‘in’, insert
‘, or carried out for the purposes of,’.
No. 162, page 67, line 25, leave out from ‘means’ to end of line 37 and insert
‘any operation except an operation of a prescribed description.’.— [John Healey.]
Amendments made: No. 163, page 67, line 42, after ‘to’, insert ‘subsection (3) and’.
No. 164, page 67, line 42, at end insert—
‘(3) To the extent that the development for which development consent is granted is development within section 16(3), the order granting the consent has effect for the benefit of a person for the time being interested in the land only if the person is a gas transporter.
(4) “Gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (see section 7(1) of that Act).’.— [John Healey.]
Mr. Deputy Speaker:
I should inform the House at this stage that Government new schedule 1, which is marshalled next on the amendment paper, comes under the heading of remaining proceedings in the programme motion made earlier today, and so will be decided at 7 pm.
Mr. Davey: On a point of order, Mr. Deputy Speaker. I wonder whether your attention has been brought to the news that the knighthood that was recommended to Robert Mugabe, President of Zimbabwe, in 1994 by the last Conservative Government is to be withdrawn. Could you advise the House on how we can send a message of thanks and congratulations on this wise decision by Her Majesty the Queen, not least because of early-day motion 1406, signed by 99 Members of this House and tabled by my hon. Friend the Member for Hereford (Mr. Keetch)?
Mr. Deputy Speaker: I think that the hon. Gentleman has found an effective way of announcing that to the House, and I have no doubt that ways can be found, certainly not under the guise of a point of order, for this matter to be pursued or otherwise discussed.
Mr. Graham Stuart: On a point of order, Mr. Deputy Speaker. A year ago today, my constituency was devastated by floods, and a year on, the Pitt report has been produced. Back Benchers, and those on the Opposition Front Bench, did not receive copies of that report until today, whereas members of the press received copies yesterday. Is that an appropriate way for information to be distributed? I know that Mr. Speaker has taken action on statements, to ensure that Members receive information from Ministers at least at the same time as members of the press.
Mr. Deputy Speaker: I cannot make an immediate comment on that, but I am sure that Mr. Speaker will note what the hon. Gentleman has said. If he believes that further action is required, he will no doubt take that appropriate action.
‘Schedule [ Power to decline to determine applications: amendments] (power to decline to determine applications: amendments) has effect.’.— [Caroline Flint.]
Brought up, and read the First time.
The Minister for Housing (Caroline Flint): I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker: With this it will be convenient to discuss the following:
New clause 2— Evidence on applications, appeals and inquiries—
‘After section 323 of the Town and Country Planning Act 1990 there is inserted—
“323A Evidence on applications, appeals and inquiries
(1) If an applicant for planning permission or any director, servant, agent or person on the applicant’s behalf, for the purpose of procuring a grant of planning permission—
(a) knowingly or recklessly makes a statement which is false or misleading in a material particular;
(b) with intent to deceive, uses any document which is false or misleading in a material particular; or
(c) with intent to deceive, withholds any material information,
he shall be guilty of an offence.
(2) If any person, for the purpose of procuring a particular decision on an appeal, application which it has been directed should be referred to the Secretary of State or on proceedings for the confirmation of an order by the Secretary of State, under this Act—
(a) knowingly or recklessly makes a statement which is false or misleading in a material particular;
(b) with intent to deceive, uses any document which is false or misleading in a material particular; or
(c) with intent to deceive, withholds any material information,
he shall be guilty of an offence.
(3) A person guilty of an offence under subsection (1) or (2) shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
(4) Any person giving expert evidence, whether orally or in writing, to an inquiry or hearing held under this Act shall make a declaration that the evidence they give shall be their professional opinion.”’.
New clause 3— Amendment of the Town and Country Planning Act 1990—
‘(1) The Town and Country Planning Act 1990 (c. 8) is amended as follows.
“71B Telecommunications masts: precautionary principle statement
(1) Every application for planning permission for telecommunications masts and associated apparatus shall be accompanied by a precautionary principle statement (“the statement”).
(2) A local planning authority on receipt of an application for planning permission for telecommunications masts and associated apparatus, and on the receipt of a notice of appeal, shall—
(a) make copies of the statement available for inspection, and
(b) indicate how representations can be made in respect of the statement,
in such manner as may be prescribed by regulations.
(3) A local planning authority in considering an application for planning permission for telecommunications masts and associated apparatus, or the Secretary of State on an appeal against a determination or non-determination, shall not make a decision until it, or he, has first taken into account the information contained within the statement and any representations received in respect of that information.
(4) Where the statement indicates that there is a threat of damage to health or the environment, it shall not be a ground for granting planning permission that there is a lack of full scientific certainty about the extent of the threat of damage to health or the environment.
71C Telecommunications masts: beam of greatest intensity certificate
(1) Every application for planning permission for telecommunications masts and associated apparatus shall be accompanied by a certificate (“the certificate”) which sets out—
(a) the area and maximum range of the beam of greatest intensity,
(b) the minimum and maximum distances at ground level of the beam of greatest intensity,
(c) an explanation of the way in which the intensity of radiation falls off with distance from an antennae and of the level of the intensity of radiofrequency radiation,
(d) an indication of where the beam of greatest intensity falls and the nearest and farthest distance from the antenna to these points.
(2) A local planning authority on receipt of an application for planning permission for telecommunications masts and associated apparatus, and on the receipt of a notice of appeals shall—
(a) make copies of the certificate available for inspection, and
(b) indicate how representations can be made,
in such manner as may be prescribed by regulations.
(3) Where a beam of greatest intensity falls on any part of any premises or land occupied by or consisting of an educational or medical facility, or of residential property, planning permission shall not be granted before first taking into account the information contained within the certificate, and any representations received in respect of that information.
(4) For the purposes of section 71B and this section—
“beam of greatest intensity” means where the greatest exposure to the radiofrequency radiation signal occurs;
“educational facility” means any premises used for the education of children and young adults, whether such education is full or part time, and includes a nursery school;
“electronic communications code” means the code set out in Schedule 2 to the Telecommunications Act 1984;
(a) a public call box, or(b) an antenna which cannot be used for receiving a signal transmitted from a telecommunications mast, and(c) radio equipment which cannot be used in connection with a telecommunications mast;“medical facility” means any premises used for medical treatment or care;
“precautionary principle statement” means a statement accompanying an application for planning permission for telecommunications masts and associated apparatus which describes the effect upon the environment or human health which might arise from the installation or use of the telecommunications masts and associated apparatus;
“telecommunications masts and associated apparatus” has the same meaning as the term “electronic communications apparatus” in the electronic communications code, except that the definition of that term does not include exempted apparatus.”.’.
New clause 4— Amendment of the Town and Country Planning (General Permitted Development) Order 1995, etc.—
‘(1) The Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) is amended in accordance with subsections (2) to (6).
(2) In Article 1(2) (interpretation), at the appropriate place in alphabetical order, insert—
““electronic communications code” means the code set out in Schedule 2 to the Telecommunications Act 1984;
(a) a public call box, or(b) an antenna which cannot be used for receiving a signal transmitted from a telecommunications mast, and(c) radio equipment which cannot be used in connection with a telecommunications mast;“telecommunications masts and associated apparatus” has the same meaning as the term “electronic communications apparatus” in the electronic communications code except that the definition of that term does not include exempted apparatus.”
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