New
Clause
20
Applications
and appeals by statutory
undertakers
‘In section 266
of TCPA 1990 (applications for planning permission by statutory
undertakers), after subsection (1)
insert—
“(1A)
Subsection (1) has effect in relation to an application or appeal
relating to land in England only if the Secretary of State or the
appropriate Minister has given a direction for it to have effect in
relation to the application or appeal (and the direction has not been
revoked).”’—[Mr.
Dhanda.]
Brought
up, and read the First
time.
Mr.
Dhanda:
I beg to move, That the clause be read a Second
time.
The new clause
would ensure that those called-in planning applications and appeals
that relate to statutory undertakers’ operational land in
England would only need to be decided jointly by the Secretary of State
for Communities and Local Government, and the Secretary of State
responsible for sponsoring the relevant statutory undertaker, when that
is justified by the scale and significance of the proposals under
consideration.
As
well as significant reconstruction proposals, appeals affecting
statutory undertakers’ operational land can relate to very minor
matters, for which the need for two separate Secretaries of State to
consider inspectors’ recommendations is an excessive burden
leading to unnecessary delay. The proposed new clause would remove the
need for such duplication of efforts, unless one or other of the
Secretaries of State considers it appropriate to issue a direction
requiring a joint decision, thereby also making it possible to make
regulations enabling such cases to be determined by inspectors, as with
the vast majority of other planning appeals.
Question put and
agreed to.
Clause read a Second time,
and added to the Bill.
New Clause
21
Appeals
relating to old mining
permissions
‘(1) Schedule 6
to TCPA 1990 (determination of certain appeals by person appointed by
Secretary of State) is amended as set out in subsections (2) and
(3).
(2) In paragraph
1—
(a) in sub-paragraph
(1) after “208” insert “of this Act, paragraph 5
of Schedule 2 to the Planning and Compensation Act 1991”,
and
(b) in sub-paragraph (4)
for “any instrument made under it” substitute “any
other Act or any instrument made under this Act or any other
Act”.
(3) In paragraph
2—
(a) after
sub-paragraph (1)(d)
insert—
“(e) in
relation to an appeal under paragraph 5 of Schedule 2 to the Planning
and Compensation Act 1991, as the Secretary of State has under
paragraph 6(1) and (3) of that Schedule.”,
and
(b) in sub-paragraph (2)
after “208(5)” insert “of this Act and paragraph
6(2) of Schedule 2 to the Planning and Compensation Act
1991”.
(4) In paragraph
5 of Schedule 2 to the Planning and Compensation Act 1991 (c. 34)
(registration of old mining permissions: right of appeal) after
sub-paragraph (8)
insert—
“(9)
Schedule 6 to the principal Act (determination of appeals by persons
appointed by Secretary of State) applies to appeals under this
paragraph.”’—[Mr.
Dhanda.]
Brought
up, and read the First
time.
Mr.
Dhanda:
I beg to move, That the clause be read a Second
time.
The new clause
would provide a power to make regulations enabling the transfer to
inspectors of appeals under schedule 2 of the Planning and Compensation
Act 1991, following the initial review of old mining permissions. It
would, therefore, provide consistency in the handling of this type of
appeal and all other types of planning and enforcement appeals.
Transferring appeals to inspectors saves unnecessary duplication of
effort and the attendant delay, as only those appeals that raise
significant policy issues of more than local importance are then
recovered for determination by the Secretary of
State.
The new clause
relates to reviews of permissions for mineral development, authorised
under interim development orders made between 1943 and 1948 in response
to wartime needs with few, if any, working and restoration conditions.
Most initial reviews have been completed, but those powers, including
the provision for appeals, will continue to be used by operators
wishing to revive work at long-dormant mining sites. However, given
that such appeals are concerned solely with securing modern operating
conditions on sites, for which permission has already been granted, it
would be disproportionate for them to remain as the only category of
appeals that cannot be transferred for determination by
inspectors.
Question
put and agreed to.
Clause read a Second time,
and added to the Bill.
New Clause
22
Powers
of National Assembly for
Wales
‘In Part 1 of Schedule
5 to the Government of Wales Act 2006 (Assembly measures: matters
within Assembly’s legislative
competence), after the heading “Field 18: town and country
planning”
insert— “Matter
18.1
Provision for and in
connection with—
(a)
plans of the Welsh Ministers in relation to the development and use of
land in Wales, and
(b) removing
requirements for any such
plans.
This does not include
provision about the status to be given to any such plans in connection
with the decision on an application for an order granting development
consent under the Planning Act
2008.
Matter
18.2
Provision for and in
connection with the review by local planning authorities of matters
which may be expected to
affect—
(a) the
development of the authorities’ areas,
or
(b) the planning of the
development of the authorities’
areas.
Matter
18.3
Provision for and in
connection with—
(a)
plans of local planning authorities in relation to the
development and use of land in their areas,
and (b) removing requirements
for any such plans.
This does
not include provision about the status to be given to any such plans in
connection with the decision on an application for an order granting
development consent under the Planning Act
2008.
Interpretation of this
field
In this
field—
“local
planning authority” in relation to an area
means—
(a) a National
Park authority, in relation to a National Park in
Wales;
(b) a county council in
Wales or a county borough council, in any other
case;
“Wales” has
the meaning given by Schedule 1 to the Interpretation Act
1978.”’.—[Mr.
Dhanda.]
Brought
up, read the First and Second time, and added to the
Bill.
Further
consideration adjourned.—[Mr.
Watts.]
Adjourned
accordingly at six minutes to One o’clock till this day at Four
o’clock.
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