Appendix 1
S.I. 2009/2265: memorandum from the Department
for Communities and Local Government
Infrastructure Planning (Model Provisions)
(England and Wales) Order 2009 (S.I. 2009/2265)
1. The Committee has requested a memorandum on
the following points-
"(1) In article 1(1) of the model conditions
in Schedules 1 to 4, should sub-paragraphs (ii) and (iii) in the
definition of "relevant planning authority" include
the words "if the land to which the provisions of this Order
or requirements apply is situated in the area of that authority"?
(2) Article 21(3) of the model conditions
in Schedule 1 refers to "section 8 of the 1965 Act, as substituted
by article 26". Article 27(3) in Schedule 2 and article
31(3) in Schedule 3 contain wording to the same effect. Explain
the intended effect of these provisions, given that article 26
in Schedule 1 (and the equivalent provisions in the other Schedules)
does not purport to substitute a revised version of section 8
but states that the provisions of that article apply instead of
section 8(1) (but not explicitly the remainder of section 8) of
the 1965 Act if specified conditions are satisfied.
(3) In Schedule 4, should requirement 17(1)
say "has been" instead of "shall be", requirement
19(1) say "has ... been" instead of "shall ...
be", and requirements 20(1), 21(1) and 22(1) say "have
... been" instead of "shall ... be"?"
2. As regards the first point, the Department
accepts that the wording quoted should have been included in sub-paragraphs
(ii) and (iii) of the definitions of "relevant planning authority"
in article 1(1) of the model conditions in Schedules 1 to 4.
3. On the second point, the Department accepts
that the wording in article 21(3) is unclear in that it does not
state that article 26 only substitutes a revised version of section
8(1), if certain conditions are satisfied, and not the whole of
section 8.
4. In respect of the third point, the Department
accepts that in those requirements it should have read "has
been", "has…been" or "have…been",
as the case may be, rather than "shall be" or "shall
… be".
5. The wording will be amended in future versions
of the model provisions, to be included in an Order which the
Department proposes to make in 2010. In the meantime the Department
will write to the Infrastructure Planning Commission and draw
these issues to its attention.
10th November 2009
Department for Communities and Local Government
| 
