My Lords, government Amendments 26M and 26N make minor and technical changes to Schedule 17 to the Bill. Amendment 26M relates to the policy given effect in the Bill to abolish conservation area consent. At the moment, the demolition of a building, subject to certain conditions, is a permitted development right under the Town and Country Planning (General Permitted Development) Order 1995. In order to implement the policy to abolish conservation area consent and instead require planning permission, we will have to amend this permitted development right so that the demolition of certain unlisted buildings in a conservation area will require planning permission.
However, the withdrawal of a permitted development right can in certain circumstances trigger a right to compensation under Section 108 of the Town and Country Planning Act 1990. The Government’s view is that compensation for withdrawal of the permitted development right should not apply in these circumstances, as owners would have previously needed to obtain conservation area consent and so, in that sense, did not benefit from the permitted development right.
To prevent compensation being claimed in these circumstances, Amendment 26M amends the Town and Country Planning Act 1990 to exclude development that would have required conservation area consent from the compensation provisions. I hope that noble Lords will support that amendment.
Amendment 26N ensures that all the heritage provisions in the Bill will be capable of applying to the Isles of Scilly as if they were a separate county. While the Bill will apply to the Isles of Scilly as part of England, we also need to ensure that all the heritage provisions will be able to apply to the isles as if they were a separate county, as is the case with existing planning legislation. I beg to move.