New Clause
1
LNG
facilities
‘(1) The
construction of an LNG facility is within section 13(1)(ca) only if
(when constructed) the facility will be in England
and—
(a) the storage
capacity of the facility is expected to be at least 43 million standard
cubic metres, or
(b) the
maximum flow rate of the facility is expected to be at least 4.5
million standard cubic metres per day.
(2) The alteration of an LNG facility is within
section 13(1)(ca) only if the facility is in England and the effect of
the alteration is expected to
be—
(a) to increase by
at least 43 million standard cubic metres the storage capacity of the
facility, or
(b) to increase by
at least 4.5 million standard cubic metres per day the maximum flow
rate of the facility.
(3)
“LNG facility” means a facility
for—
(a) the reception
of liquid natural gas from outside
England,
(b) the storage of
liquid natural gas, and
(c) the
regasification of liquid natural
gas.
(4) In this
section—
“maximum
flow rate”, in relation to a facility, means the maximum rate at
which gas is able to flow out of the facility, on the assumption
that—
(a) the facility
is filled to maximum capacity,
and
(b) the rate is measured
after regasification of the liquid natural gas and any other processing
required on the recovery of the gas from
storage;
“storage
capacity” means the capacity of the facility for storage of
liquid natural gas.
(5) The
storage capacity of an LNG facility is to be measured as if the gas
were stored in regasified form.’.—[Mr.
Dhanda.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
2
Gas
reception facilities
‘(1) The
construction of a gas reception facility is within section 13(1)(cb)
only if (when
constructed)—
(a) the
facility will be in England and will be within subsection (4),
and
(b) the maximum flow rate
of the facility is expected to be at least 4.5 million standard cubic
metres per day.
(2) The
alteration of a gas reception facility is within section 13(1)(cb) only
if—
(a) the facility is
in England and is within subsection (4),
and
(b) the effect of the
alteration is expected to be to increase by at least 4.5 million
standard cubic metres per day the maximum flow rate of the
facility.
(3) “Gas
reception facility” means a facility
for—
(a) the reception
of natural gas in gaseous form from outside England,
and
(b) the handling of natural
gas (other than its
storage).
(4) A gas reception
facility is within this subsection
if—
(a) the gas handled
by the facility does not originate in England, Wales or
Scotland,
(b) the gas does not
arrive at the facility from Scotland or Wales,
and
(c) the gas has not already
been handled at another facility after its arrival in
England.
(5) “Maximum
flow rate” means the maximum rate at which gas is able to flow
out of the facility.’.—[Mr.
Dhanda.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
7
Highways
‘(1)
Highway-related development is within section 13(1)(e) only
if—
(a) it is the construction of a highway in a case
within subsection (2) or
(6),
(b) it is the improvement
of a highway in a case within subsection (3) or (5),
or
(c) it is the alteration of
a highway in a case within subsection
(5).
(2) Construction of a
highway is within this subsection
if—
(a) the construction
is to take place outside the boundary of an existing
highway,
(b) the highway will
(when constructed) be wholly in
England,
(c) the Secretary of
State will be the highway authority for the highway,
and
(d) the highway is proposed
to be (or to be part of) a highway of a type within subsection
(4).
(3) Improvement of a
highway is within this subsection
if—
(a) it is to take
place outside the boundary of the
highway,
(b) the highway is
wholly in England,
(c) the
Secretary of State is the highway authority for the highway,
and
(d) the highway is (or is
part of) a highway of a type within subsection
(4).
(4) The types of highway
referred to in subsections (2)(d) and (3)(d)
are—
(a) a trunk
road;
(b) a special
road;
(c) a highway the
construction of which is a project in respect of which the Secretary of
State is required to publish an environmental statement under section
105A(3) of the Highways Act
1980;
(d) a cycle track or
footpath on land separated by intervening land from a trunk road in
connection with which it is to be
used.
(5) Development is within
this subsection if—
(a)
it is the improvement, raising, lowering or other alteration of a
highway,
(b) the highway is
wholly in England, and
(c) the
highway—
(i) crosses or
enters the route of a trunk road or special road,
or
(ii) is (or will be)
otherwise affected by the construction or improvement of a trunk road
or special road.
(6)
Construction of a highway is within this subsection
if—
(a) the highway will
(when constructed) be wholly in
England,
(b) the highway is to
be constructed for a purpose connected
with—
(i) development
within subsection (5), or
(ii)
a trunk road or special road,
or
(iii) the construction of a
trunk road or special road.
(7)
The following terms have the meanings given by section 329(1) of the
Highways Act
1980—
“cycle
track”;
“footpath”;
“improvement”.’.—[Mr.
Dhanda.]
Brought
up, read the First and Second time, and added to the
Bill.
12.45
pm
The
Chairman:
We now come to new clause
11.
Mr.
Llwyd:
On a point of order, Mr. Illsley. With
the leave of the Committee, may I put a question to the Minister on new
clause 11?
The
Chairman:
For the benefit of hon. Members, perhaps I
should have explained that the first group of new clauses was debated
earlier in the Committee. Eventually we will come to the new clauses
that have not been debated, which we will then debate in the normal
manner. However, new clauses 2, 7, 11 and 12 have been debated earlier
in the Committee, and they are simply being moved
formally.
New Clause
11
Welsh
offshore generating
stations
‘(1) Section 29(2)
does not prevent an order under section 3 of the Transport and Works
Act 1992 from being made in relation to the carrying out of works
consisting of the construction or extension of a generating station
that is or (when constructed or extended) will be a Welsh offshore
generating station.
(2) A
“Welsh offshore generating station” is a generating
station that is in waters in or adjacent to Wales up to the seaward
limits of the territorial
sea.
(3) If, by virtue of
subsection (1), an order under section 3 of the Transport and Works Act
1992 is made in relation to the carrying out of any works, development
consent is treated as not being required for the carrying out of those
works.’.—[Mr.
Dhanda.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
12
Timetable
for decisions
‘(1) The
decision-maker is under a duty to decide an application for an order
granting development consent by the end of the period of 3 months
beginning with the day after the start
day.
(2) The start day
is—
(a) in a case where
a Panel is the decision-maker, the deadline for the completion of its
examination of the application under section
89;
(b) in a case where the
Council is the decision-maker, the deadline for the completion
of the single Commissioner’s examination of the application
under section 89;
(c) in a case
where the Secretary of State is the decision-maker, the day on which
the Secretary of State receives a report on the application under
section 66(2)(b) or
75(2)(b).
(3) The appropriate
authority may set a date for the deadline under subsection (1) that is
later than the date for the time being
set.
(4) The appropriate
authority is—
(a) in a
case where a Panel or the Council is the decision-maker, the person
appointed to chair the
Commission;
(b) in a case where
the Secretary of State is the decision-maker, the Secretary of
State.
(5) The power under
subsection (3) may be
exercised—
(a) more than
once in relation to the same
deadline;
(b) after the date
for the time being set for the
deadline.
(6) Where the power
under subsection (3) is exercised other than by the Secretary of
State—
(a) the person
exercising the power must notify the Secretary of State of what has
been done and of the reasons for doing it,
and
(b) the Commission’s
report under paragraph 16 of Schedule 1 for the financial year in which
the power is exercised must mention and explain what has been
done.
(7) Where the power under subsection (3) is
exercised by the Secretary of State, the Secretary of State
must—
(a) notify each
interested party of what has been done and of the reasons for doing it,
and
(b) lay before Parliament a
report explaining what has been
done.
(8) A report under
subsection (7)(b) must be published in such form and manner as the
Secretary of State thinks
appropriate.
(9)
“Interested party” means a person who is an interested
party in relation to the application for the purposes of Chapter 4 (see
section 92).’.—[Mr.
Dhanda.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
18
Correction
of errors in decisions
‘In
section 56(3)(c) of PCPA 2004 (appropriate consent required for
correction of errors) at the beginning insert “in a case where
the decision document relates to the exercise of a function in relation
to Wales,”.’.—[Mr.
Dhanda.]
Brought
up, and read the First
time.
Mr.
Dhanda:
I beg to move, That the clause be read a Second
time.
Briefly, the
purpose of this new clause is to remove the requirement for the
Secretary of State to obtain the consent of the applicant or landowner
before issuing a formal notice correcting an error in an appeal
decision, provided that the error is not part of the reasoning on which
the decision is based. This new clause applies in England. The errors
that could be corrected under this power are those that would not
change the substance of the decision. Therefore, no party would be at a
disadvantage.
Question
put and agreed
to.
Clause read
a Second time, and added to the
Bill.
New
Clause
19
Validity
of orders, decisions and
directions
‘(1) Section
284(3) of TCPA 1990 (validity of certain actions on the part of the
Secretary of State) is amended as
follows.
(2) Before paragraph
(a) insert—
“(za)
any decision on an application referred to the Secretary of State under
section 76A;”.
(3) In
paragraph (a) for “for planning permission referred to
him” substitute “referred to the Secretary of
State”.’.—[Mr.
Dhanda.]
Brought
up, and read the First
time.
Mr.
Dhanda:
I beg to move, That the clause be read a Second
time.
The purpose of
this new clause is to correct inconsistencies within the town and
country planning legislation in the provisions for challenge of
decisions by the Secretary of State. The Planning and
Compulsory Purchase Act 2004 empowered the Secretary of State to call
in planning applications for major infrastructure projects. Some
applications for major infrastructure projects, such as inland
waterways and quarries, will still be determined under those provisions
rather than under the new provisions for applications determined by the
infrastructure planning commission.
Section 288 of the Town and
Country Planning Act 1990 allows persons aggrieved by certain decisions
of the Secretary of State to make an application to the High Court. Any
such application must be made within six weeks of the decision. The
list of decisions to which section 288 and the six-week challenge
period applies was modified by the Planning and Compulsory Purchase Act
2004. The 2004 Act omitted to include decisions on major infrastructure
projects. Therefore, the effect of that omission is that, at present, a
person aggrieved by a decision of the Secretary of State on a call-in
of a major infrastructure application would have to challenge through
judicial review. Applications for judicial review must be brought
within three months of the decision. That anomaly will be corrected by
inserting paragraph (za) into section 284(3) of the 1990 Act. The
proposals will therefore ensure consistency in the treatment of
challenge
periods.
Question
put and agreed
to.
Clause read
a Second Time, and added to the
Bill.
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