Planning and Compulsory Purchase (Re-committed) Bill – in a Public Bill Committee am 7:15 pm ar 23 Hydref 2003.
Amendments made: No. 98, in
schedule 5, page 70, line 29, after 'area' insert 'for'.
No. 99, in
schedule 5, page 72, line 11, leave out
'commencement of Part 2 of this Act'
and insert 'relevant date'.
No. 100, in
schedule 5, page 72, line 15, leave out
'beginning of the prescribed period'
and insert
'commencement of Part 2 of this Act'.
No. 101, in
schedule 5, page 72, leave out lines 19 to 21 and insert—
'( ) The relevant date is whichever is the later of—
(a) the end of any period prescribed by regulations under section 26 of the principal Act for the making of objections to the proposals;
(b) the commencement of Part 2 of this Act.'
No. 102, in
schedule 5, page 72, line 42, after 'adopted' insert 'or approved'.
No. 103, in
schedule 5, page 72, line 47, at end insert—
'(1) This paragraph applies if, at the date of commencement of Part 1 a local planning authority have not prepared a unitary development plan in pursuance of section 12 of the principal Act.
(2) References in paragraphs 3 to 6 to proposals for the alteration or replacement of a plan must be construed as references to the plan.'
No. 104, in
schedule 5, page 73, line 11, leave out
'commencement of Part 2 of this Act'
and insert 'relevant date'.
No. 105, in
schedule 5, page 73, line 15, leave out
'beginning of the prescribed period'
and insert
'commencement of Part 2 of this Act'.
No. 106, in
schedule 5, page 73, leave out lines 19 to 21 and insert—
'( ) The relevant date is whichever is the later of—
(a) the end of any period prescribed by regulations under section 53 of the principal Act for the making of objections to the proposals;
(b) the commencement of Part 2 of this Act.'
No. 107, in
schedule 5, page 73, line 41, at end insert—
'9A (1) This paragraph applies if the Secretary of State thinks—
(a) that the conformity requirement is likely to give rise to inconsistency between the proposals and relevant policies or guidance, and
(b) that it is necessary or expedient to avoid such inconsistency.
(2) The Secretary of State may direct that to the extent specified in the direction the conformity requirement must be ignored.
(3) The Secretary of State must give reasons for the direction.
(4) The conformity requirement is—
(a) the requirement under section 36(4) of the principal Act that the local plan is to be in general conformity with the structure plan;
(b) the prohibition under section 43(3) of the principal Act on the adoption of proposals for a local plan or for its alteration or replacement which do not conform generally with the structure plan.
(5) Revelant policies and guidance are—
(a) national policies;
(b) advice contained in guidance;
(c) policies in the RSS.'
No. 108, in
schedule 5, page 73, line 42, after 'adopted' insert 'or approved'.
No. 109, in
schedule 5, page 73, line 42, leave out 'paragraph 8 or 9' and insert 'paragraphs 8 to 9A'
No. 110, in
schedule 5, page 73, line 47, at end insert—
'10A (1) This paragraph applies if, at the date of commencement of Part 1 a local planning authority have not prepared a local plan in pursuance of section 36 of the principal Act.
(2) References in paragraphs 7 to 10 to proposals for the alteration or replacement of a plan must be construed as references to the plan.'
No. 111, in
schedule 5, page 74, line 2, leave out '10' and insert '10A'.
No. 112, in
schedule 5, page 74, line 20, after 'adopted' insert 'or approved'.
No. 34, in
schedule 5, page 74, line 20, at end insert—
'Savings
12A (1) The repeal by this Act of paragraphs 1 to 4 of Schedule 13 to the principal Act does not affect anything which is required or permitted to be done for the purposes of Chapter 2 of Part 6 of the principal Act during any time when a plan mentioned in any of those paragraphs continues to form part of the development plan by virtue of—
(a) paragraph 1 of this Schedule, or
(b) that paragraph as applied by any other provision of this Schedule.
(2) References to a plan mentioned in any of paragraphs 1 to 4 include any proposal for the alteration or replacement of the plan.
(3) The development plan is the development plan for the purposes of section 27 or 54 of the principal Act.'.—[Keith Hill.]
Schedule 5, as amended, agreed to.