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Clause 300 | |
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BY THE BARONESS HAMWEE
THE LORD TOPE | |
| 541ZA |
Page 167, line 31, leave out paragraph (a) | |
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BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON | |
| 541A |
Page 167, line 33, at end insert--
("( ) The Secretary of State may only make a direction under this section if the direction is consistent with section 295(6).") | |
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BY THE LORD WHITTY | |
| 542 |
Page 167, line 41, at end insert--
("( ) In this Act, references to the spatial development strategy include, except where the context otherwise requires, a reference to--
(a) the spatial development strategy as altered; or
(b) a new spatial development strategy which replaces a previous spatial development strategy.") | |
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Clause 303 | |
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BY THE LORD JENKIN OF RODING | |
| 543 |
Page 170, line 32, at end insert--
("(1D) The Mayor shall not exercise any power under subsection (1B) to direct a local planning authority to refuse an application involving the erection of a building by reason only of the floor space which that building is to provide if--
(a) the building to be erected is to replace a building which is located on the land to which the application relates;
(b) the floor space provided by the building to be replaced is not less than the floor space to be provided by the building to be erected; and
(c) the building to be erected and the building which it is to replace fall within the same use class.
(1E) In subsection (1D) above--
floor space" in relation to any building means the sum of the total floor area provided by every level of that building, measured by reference to its external surfaces, and
use class" means class specified in an order made under subsection (2)(f) of section 55 above or in an order having effect as if made under that subsection."")
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After Clause 303 | |
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BY THE LORD WHITTY | |
| 543YA* |
Insert the following new Clause-- | |
| | (" . After section 322A of the Town and Country Planning Act 1990 there shall be inserted-- | Town and Country Planning Act 1990: costs of appeals.
1990 c. 8. |
| | Local inquiries in London: special provision as to costs in certain cases. |
322B.--(1) This section applies where--
(a) the local planning authority for a London borough refuse an application for planning permission,
(b) that refusal is in compliance with a direction made by the Mayor of London in accordance with provision made in a development order by virtue of section 74(1B)(a), and
(c) an appeal against the refusal is made to the Secretary of State under section 78.
(2) If the Secretary of State causes a local inquiry to be held under section 320(1) to determine the appeal, in its application to the inquiry section 250 of the 1972 Act shall be treated as if--
(a) for subsection (4) there were substituted the subsection set out at subsection (5) below, and
(b) for subsection (5) there were substituted the subsection set out at subsection (6) below.
(3) If the appeal does not give rise to a local inquiry under section 320, in the application of section 322(2) in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
(4) If arrangements are made for a local inquiry in relation to the appeal and the inquiry does not take place, in the application of section 322A in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
(5) The subsection referred to in subsection (2)(a) above is as follows--
Where this subsection applies to an inquiry, the costs incurred by the Secretary of State in relation to the inquiry shall be paid--
(a) by the Mayor of London, if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission, or
(b) if the Mayor is a party or if the Secretary of State does not so decide, by such local authority or party to the inquiry as he may direct;
and the Secretary of State may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by the Mayor or by any authority or person shall be recoverable from the Mayor or from that authority or person by the Secretary of State summarily as a civil debt.".
(6) The subsection referred to in subsection (2)(b) above is as follows--
Where this subsection applies to an inquiry, or to costs incurred for the purposes of an inquiry, the Secretary of State may make orders as to the costs of the parties to the inquiry and as to the parties by whom the costs are to be paid; and--
(a) the parties by whom the costs are ordered to be paid may include the Mayor of London if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission;
(b) every such order may be made a rule of the High Court on the application of any party named in the order.".
(7) In this section "the 1972 Act" means the Local Government Act 1972".") | |
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Clause 306 | |
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BY THE LORD WHITTY | |
| 543ZA* |
Page 171, line 6, at end insert ("or--
(c) any other body which the Mayor considers should be informed,") | |
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Clause 309 | |
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BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER | |
| 543A |
Page 172, line 24, at end insert--
("( ) housing conditions, and
( ) the effects of the environment on health") | |
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BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH | |
| 543B |
Page 172, line 25, after ("other") insert ("relevant") | |
| 543C |
Page 172, line 26, after ("Mayor") insert (", on the advice of his Environmental Strategy Group established under Schedule (The Environment Strategy Group for London),") | |
| 543D |
Page 172, line 42, at end insert--
("( ) For the purposes of subsection (3)(a) above, information about air quality and emissions to air includes information about--
(g) fine particles (PM2.5-PM10),
and any other emissions which the Environment Strategy Group shall from time to time consider necessary and appropriate") | |
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After Clause 310 | |
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BY THE LORD LUKE
THE BARONESS ANELAY OF ST. JOHNS | |
| 544 |
Insert the following new Clause-- | |
| | (" .--(1) The Mayor shall prepare and publish a document to be known as the "River Thames Strategy".
(2) The River Thames Strategy shall contain the Mayor's proposals and policies for--
(a) the use, enhancement and protection of the river and riverside known as the "Thames Policy Area", and
(b) the promotion of the use of transport on the Thames by tourists.
(3) In preparing the Strategy the Mayor shall seek to promote and encourage holistic and integrated approaches to the strategically significant features of the river including--
(c) river ecology and wildlife habitats,
(d) river heritage and the built environment,
(e) recreation and leisure, and
(f) public access, amenity and open spaces,
and the River Thames Strategy may contain such other proposals and policies relating to the River Thames as the Mayor may consider appropriate.
(4) The River Thames Strategy shall contain information about--
(a) the measures that are to be taken for the implementation of the River Thames Strategy by the Authority, Transport for London, and the London Development Agency; and
(b) the measures that other persons or bodies are to be encouraged to take by the Mayor.
(5) In preparing or revising the River Thames Strategy the Mayor shall consult--
(a) the Port of London Authority,
(b) the Environment Agency,
(c) each riparian London borough council,
(f) the London Tourist Board,
(g) the British Tourist Authority, and
(h) any other person or body whom the Mayor considers it is appropriate to consult.") | River Thames Strategy. |
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Clause 311 | |
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BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER | |
| 544TA |
Page 173, line 34, after second ("the") insert ("minimisation,") | |
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BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH | |
| 544UA |
Page 173, line 35, after ("waste") insert ("which shall include proposals for the disposal of London's waste within London") | |
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Clause 314 | |
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BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER | |
| 544VA |
Page 175, line 7, leave out paragraph (b) | |
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Clause 317 | |
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BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH | |
| 544WA |
Page 176, line 34, leave out ("likely") and insert ("predicted") | |
| 544XA |
Page 176, line 39, leave out ("to be encouraged by the Mayor") | |
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BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER | |
| 544YA |
Page 176, line 41, at end insert--
("(d) matters which the Mayor considers should be drawn to the attention of the Secretary of State") | |
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Clause 324 | |
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BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH | |
| 544ZA |
Page 179, line 22, at end insert--
("( ) any local authority other than those mentioned in sub-sub-paragraphs (a) and (b) which shall be otherwise affected"") | |
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Clause 325 | |
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BY THE LORD WHITTY | |
| 544A |
Page 179, line 26, leave out ("contain") and insert ("consist of") | |
| 544B |
Page 179, line 27, at end insert ("and the impact of such noise levels on those living and working in Greater London") | |
| 544C |
Page 179, line 29, leave out from ("above") to ("on") in line 30 | |
| 544D |
Page 179, line 36, leave out subsection (3) and insert--
("(3) In this section--
(a) noise related to transport, including road traffic, rail traffic, aircraft and water transport; and
(b) noise of such other descriptions as the Mayor may consider it appropriate to include in the matters dealt with by the London ambient noise strategy,
but does not include noise falling within subsection (4) below; and
noise" includes vibration.") | |
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BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER | |
| 544DA |
Page 179, line 38, leave out ("services") | |
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BY THE LORD WHITTY | |
| 544E |
Page 179, line 41, leave out subsection (4) and insert--
("(4) Noise falls within this subsection if it is-- | |
| | (a) noise emitted from works falling within section 60(1) of the Control of Pollution Act 1974 (construction works etc. which may be controlled by a local authority); | 1974 c. 40. |
| | (b) noise caused by the operation of a loud-speaker in a street, whether or not the operation would be a contravention of section 62(1) of the Control of Pollution Act 1974 (loud-speaker not to be operated in the street during certain hours); | 1974 c. 40. |
| | (c) noise at work which, under or by virtue of the Health and Safety at Work Act 1974, it is the duty of an employer to control; or
(d) noise emitted from premises or emitted from or caused by a vehicle, machinery or equipment in a street, except noise caused by aircraft other than model aircraft or noise made by traffic;
but noise does not fall within this subsection if it is noise from a fixed industrial source. | 1974 c. 37. |
| | (4A) Expressions used in paragraph (d), (e) or (f) of subsection (4) above and in section 79 of the Environmental Protection Act 1990 have the same meaning in those paragraphs as they have in that section.") | 1990 c. 43. |
| 544F |
Page 180, line 5, at end insert--
("( ) In preparing or revising the London ambient noise strategy the Mayor shall consult the Environment Agency.") | |
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After Clause 325 | |
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BY THE LORD WHITTY | |
| 544G |
Insert the following new Clause-- | |
| | (" .--(1) A person who provides air navigation services shall consult the Mayor about the matters specified in subsection (2) below where it is reasonably practicable to do so.
(2) Those matters are--
(a) the proposed alteration by that person of any route used regularly by civil aircraft before arrival at, or after departure from, any aerodrome;
(b) the proposed addition by that person of any route to be so used;
(c) any substantial alteration proposed to be made by that person to procedures used for managing the arrival of civil aircraft at any aerodrome,
where the proposed alteration or addition will have a significant adverse effect on the noise caused by civil aircraft in Greater London.
(3) For the purposes of subsection (2) above the reference to a route used regularly by civil aircraft includes a reference to the altitude at which such aircraft regularly fly.
(4) In this section-- | Consultation about aviation noise. |
| | aerodrome" has the meaning given by subsection (1) of section 105 of the Civil Aviation Act 1982;
air navigation services" shall be construed in accordance with that subsection;
noise" includes vibration.") | 1982 c. 16. |
| 544H |
Insert the following new Clause-- | |
| | (" .--(1) Section 35 of the Civil Aviation Act 1982 (facilities to be provided by certain aerodromes for consultation with bodies representing local interests) shall be amended as follows.
(2) After subsection (2) (persons or bodies to be consulted) there shall be inserted--
(3) The reference in subsection (2)(b) above to any local authority includes in relation to the area of Greater London a reference to the Mayor of London acting on behalf of the Greater London Authority.") | Consultation at aerodromes.
1982 c. 1. |
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After Clause 327 | |
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BY THE BARONESS HAMWEE
THE LORD CLEMENT-JONES
THE LORD REA | |
| 545 |
Insert the following new Clause-- | |
| | (" .--(1) There shall be an advisory body appointed by the Mayor to be known as the Mayor's Health Strategy Group.
(2) The Mayor's Health Strategy Group shall have--
(a) the function of providing advice to the Mayor on the contents of the London public health report under section (London public health report);
(b) the function of providing advice to the Mayor on the contents of the state of the environment report;
(c) the function of providing advice to the Mayor on the contents and implementation of the London air quality strategy and the London ambient noise strategy;
(d) the function of providing advice to the Mayor in connection with the Mayor's consideration of the matters referred to in subsection (3) below.
(3) These matters are--
(a) the promotion of social development in Greater London,
(b) the promotion of improvements in the health of persons in Greater London,
(c) the effect of the proposed contents of the strategies prepared or revised under section 33 above on the health of persons in Greater London.") | Mayor's Health Strategy Group. |
