Commons Bill [HL]

My Lords, I beg to move that the House agrees with the Commons in the said amendment. As already discussed, Clause 39 allows the national authority to grant consent for works on common land, subject to specific modifications or conditions. As amended by Amendment No. 85, the clause allows the person carrying out the works to apply to vary or revoke any such modification or condition. The amendment would enable regulations to set a time limit for making such an application. We do not intend this clause to provide an indefinite opportunity for challenging the national authority’s determination. It is important to achieve clarity as soon as possible about the terms on which a consent is given. We plan to make regulations allowing six weeks for an application to be made, which is in line with statutory precedents in cases of this type. That will bring to an end promptly any uncertainty about the terms of a consent, so it is highly desirable. If the consent holder is unhappy about consent terms, he should challenge at outset, not later on. If further works were proposed beyond the scope of the existing consent, a fresh application for consent would be needed. I have notes on Amendment No. 86A which of course I will not move or speak to. However, I will have to resist it in due course. Moved, That the House do agree with the Commons in their Amendment No. 86.—(Lord Rooker.)