Planning Bill


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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has given a direction for it to have effect in relation to the application or appeal (and the direction has not been revoked).”’—[Mr.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—
(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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Prepared 6 February 2008