UK Parliament / Open data

Commons Bill [Lords]

Proceeding contribution from Barry Gardiner (Labour) in the House of Commons on Thursday, 29 June 2006. It occurred during Debate on bills on Commons Bill (HL).
The hon. Member for North Shropshire (Mr. Paterson) and my hon. Friend the Member for Sherwood (Paddy Tipping) have given textbook examples of the difficulties that Ministers experience in having to reach decisions of this kind. I was grateful for the way in which the hon. Member for South-East Cambridgeshire (Mr. Paice) phrased his speech. I was grateful for his clear acceptance of the progress that has been made since Committee, and of the two development-related concessions that are already in clause 15 in response to proposals of his. Each has addressed the specific problems raised. His amendment (a) seeks a third concession in relation to development interests. Our starting point is that clause 15 strikes a carefully crafted balance between development interests and the interests of local people who have used land for recreation ““as of right”” over a long period. Having acted to protect construction works that have already begun by 23 June, we are now asked to weaken the requirement still further so that if works of any description have been carried out by that date, the land cannot be registered. The hon. Member for South-East Cambridgeshire referred to a potential inconsistency, but I do not believe that that exists. He spoke of the word ““construction”” and the use of the word ““works””. If the construction has begun by 23 June, any subsequent works—not necessarily construction works; they could be repair or remedial works—in pursuance of the planning consent would exempt the land in question if incompatible with recreational use. ““Construction”” carries its everyday meaning here in relation to building works. ““Construction works”” is intended to signify that something must have started to be built as part of the development, but it would exclude mere preparatory work such as excavating a trench for foundations or ancillary works such as putting up a security fence around the site. That answers a specific question from the hon. Member for North Shropshire.
Type
Proceeding contribution
Reference
448 c432-3 
Session
2005-06
Chamber / Committee
House of Commons chamber
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