With this it will be convenient to discuss the following:
New clause 3—National Infrastructure Commission—
‘(1) There shall be an independent National Infrastructure Commission.
(2) The Secretary of State may by regulations provide for the appointment, duties, functions and staffing of the National Infrastructure Commission.
(3) Regulations made under subsection (2) may make provision for any consequential matter that the Secretary of State considers is necessary to establish the National Infrastructure Commission.
(4) Regulations made under subsection (2) shall be made by statutory instrument.
(5) A statutory instrument under this section shall not be made unless a draft of it has been laid before and approved by both Houses of Parliament.
(6) In this section—
“National infrastructure” means infrastructure of strategic significance in or relating to the sectors including—
(a) transport covering ports, transport networks (including railways and roads) and aviation;
(b) energy;
(c) flood defences;
(d) hazardous waste;
(e) telecommunications;
(f) water; and
(g) such other sectors as are prescribed.”
New clause 12—Abolition of the Planning Inspectorate—
‘(1) The Planning Inspectorate is abolished.
(2) Subject to paragraph (3), all the functions of the Planning Inspectorate are transferred to the Secretary of State for Communities and Local Government.
(3) The functions of the Planning Inspectorate in relation to Wales are transferred to Welsh Ministers.
New clause 16—Use classes and demolition: drinking establishments—
‘(1) The Town and Country Planning (Use Classes) Order 1987 (SI 1987/764) is amended as follows.
(2) At the end of section 3(6) add—
“(n) as a drinking establishment.”
(3) In the Schedule, leave out “Class A4. Drinking Establishments”.
(4) The Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) is amended as follows.
(5) In Part 3 of Schedule 2 under Class A: Permitted Development, leave out “A4 (drinking establishments)”.
(6) In Part 31 of Schedule 2 under A.1 add—
“(c) the building subject to demolition is classed as a drinking establishment”.”
The purpose of this New Clause is to aim to ensure that any proposed demolition of or change of use to public houses and other drinking establishments would be subject to planning permission. Currently such buildings can be demolished or have their use changed without such permission being granted.
New clause 20—Community right of appeal—
‘(1) The Town and Country Planning Act 1990 is amended as follows.
(2) In section 78 (appeals to the Secretary of State against planning decisions and failure to take such decisions) after subsection (2) insert—
“(2A) Where a planning authority grants an application for planning permissions and—
(a) the authority has publicised the application as not according with the development plan in force in the area in which the land to which the application relates is situated; or
(b) the application is not supported by policies in an emerging development plan;
certain persons as specified in subsection (2B) below may by notice appeal to the Secretary of State, provided any one of the conditions in subsection (2C) below are met.
(2B) Persons who may by notice appeal to the Secretary of State against the approval of planning permissions in the circumstances specified in subsection (2A) above are—
(a) the ward councillors for the area who have lodged a formal objection to the planning application in writing to the planning authority, or where there is more than one councillor, all councillors by unanimity;
(b) any parish council or neighbourhood forum by two thirds majority voting, as defined in Section 61F, covering or adjoining the area of land to which the application relates is situated; or
(c) any overview and scrutiny committee by two thirds majority voting.
(2C) The conditions are:
(a) the application falls within the definition of “major development”;
(b) the application is accompanied by an environmental impact assessment;
(c) the planning officer has recommended refusal of planning permission.”
(3) Section 79 is amended as follows—
(a) in subsection (2), leave out “either” and after “planning authority”, insert “or the applicant (where different from the appellant)”;
(b) in subsection (6), after “determination”, insert “(except for appeals as defined in section 78 (2A) and where the appellant is as defined in section 79 (2B)).
(4) In this section—
“emerging” means a development plan that is being examined by the Secretary of State, or is due to be examined, having met the public consultation requirements necessary to proceed to this stage; and
“major development” means cases within categories defined in guidance produced by the Secretary of State.”
Government amendments 84, 45 and 46.
Amendment 53, page 27, line 9, in clause 28, at end insert
“provided that any designated property, rights or liabilities to be transferred pursuant to a scheme—
(a) have been classified as surplus;
(b) do not compromise land forming part of a common, open space or fuel or field garden allotment;
(c) do not extinguish any public right of way;
(d) are subject to transparent reporting of all aspects of the transaction to the Land Registry; and
(e) shall be subject to a test of viability that is underpinned by guidance and an open book approach.”
Government amendment 85.
Amendment 52, page 34, line 2, leave out clauses 30 to 32.
Amendment 54, page 34, line 36, in clause 33, at end insert
“and shall relate to buildings or developments of any size”.
Amendment 67, page 34, line 36, in clause 33, at end insert—
“(e) carbon abatement offsite must only be considered exceptionally, where:
(i) it has been demonstrated that the carbon abatement can not reasonably be met on the development site, and
(ii) the homes on the development site achieve a high standard of energy efficiency.”
Amendment 71, page 35, line 5, in clause 33, at end insert
“and where the requirement cannot reasonably be met on the building site.”
Amendment 72, page 36, line 21, in clause 33, at end insert—
‘(7) No variation to the requirement of the building regulations in respect of a building’s contribution to or effect on emissions of carbon dioxide may be made solely by regard to the number of buildings on any particular building site.”
Government amendments 91 to 93, 95, 100, 102 and 104 to 106.
Amendment 74, page 128, line 2, in schedule 8, leave out from “sharing” to end of line 4 and insert
“do not change its appearance.”
Amendment 75, page 132, line 20, in schedule 8, leave out paragraph (b).
Amendment 118, page 165, line 28, in schedule 8, leave out “or other vegetation”.
Amendment 119, page 165, line 30, in Schedule 8, leave out “or vegetation”.
Amendment 120, page 165, line 41, in schedule 8, leave out “or vegetation”.
Amendment 121, page 165, line 41, in schedule 8, leave out from “lopped” to second “to” in line 42.
Amendment 122, page 166, line 2, in schedule 8, leave out
“or cutting back of the vegetation”.
Amendment 123, page 166, line 11, in schedule 8, leave out from “lopped” to end of line 12.
Amendment 124, page 166, line 13, in schedule 8, leave out “or cuts back vegetation”.
Amendment 125, page 166, line 16, in schedule 8, leave out “or vegetation”.
Amendment 126, page 166, line 24, in schedule 8, leave out
“or cutting back of the vegetation”.
Government amendments 107 and 108.