Planning and Compulsory Purchase (Re-committed) Bill

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Standing Committee A

Tuesday 14 October 2003

(Afternoon)

[Mr. Alan Hurst in the Chair]

Planning and Compulsory Purchase (Re-committed) Bill

New clause 7

Special provision for certain circumstances where disclosure of information as to national security may occur

'(1) In section 321 of the principal Act (planning inquiries to be held in public subject to certain exceptions) after subsection (4) there are inserted the following subsections—

''(5) If the Secretary of State is considering giving a direction under subsection (3) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

(6) A person appointed under subsection (5) must have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c.41).

(7) The Lord Chancellor may by rules make provision—

(a) as to the procedure to be followed by the Secretary of State before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5);

(b) as to the functions of such a person.

(8) Rules made under subsection (7) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.''

(2) In Schedule 3 to the listed buildings Act (determination of certain appeals by person appointed by the Secretary of State), in paragraph 6, after subparagraph (7) there are inserted the following subparagraphs—

''(7A) If the Secretary of State is considering giving a direction under subparagraph (6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

(7B) A person appointed under subparagraph (7A) must have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c.41).

(7C) The Lord Chancellor may by rules make provision—

(a) as to the procedure to be followed by the Secretary of State before he gives a direction under subparagraph (6) in a case where a person has been appointed under subparagraph (7A);

(b) as to the functions of such a person.

(7D) Rules made under subparagraph (7C) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.''

(3) In the Schedule to the hazardous substances Act, in paragraph 6, after subparagraph (7) there are inserted the following subparagraphs—

''(7A) If the Secretary of State is considering giving a direction under subparagraph (6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

(7B) A person appointed under subparagraph (7A) must have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c.41).

(7C) The Lord Chancellor may by rules make provision—

(a) as to the procedure to be followed by the Secretary of State before he gives a direction under subparagraph (6)

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in a case where a person has been appointed under subparagraph (7A);

(b) as to the functions of such a person.

(7D) Rules made under subparagraph (7C) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.''.'.—[Keith Hill.]

Brought up, and read the First time.

Question proposed [this day], That the clause be read a Second time.

4.30 pm

Question again proposed.

The Chairman: I remind the Committee that with this we are taking the following:

Government new clause 8—Special provision in relation to planning inquiries: Wales.

Government new clause 40—Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland.

The Minister for Housing and Planning (Keith Hill): When we finished this morning, I was considering the group of amendments headed by new clause 7 and was responding to two questions asked by the hon. Member for Isle of Wight (Mr. Turner). The Committee will recall that he asked, first, whether the application of the new clause was broader than the application of current legislation. The answer is yes. The considerations that will apply are now national security and the security of premises and properties. Both considerations may invoke a section 321(4) procedure. Secondly, he asked whether it were possible for a public inquiry to be split between a public and a private part. The answer again is yes; the details of that appear in the inquiry procedure rules.

The hon. Member for Ludlow (Matthew Green) asked about secret developments that are visible. The answer is that we expect applications for such manifest developments, but they will also be subject to section 321 direction.

The hon. Member for Chipping Barnet (Sir Sydney Chapman) asked about the application of human rights legislation to the proposals. I assure him that we believe that the proposals are human rights compliant. Indeed, he will recall that Ministers are required to make such a declaration in introducing all proposed legislation.

Finally, I must say a few words about the application of the amendments to Scotland. I fear that in this morning's debate I rather glossed over the Government amendments that apply to Scotland. I should like to make it clear that the substantive Scottish amendments—new clauses 41 and 45 and new schedule 3—parallel the equivalent parts of the English amendments, new clauses 6 and 16 and new schedule 1, and have a similar effect in Scotland, taking into account the differences in Scottish legislation. I hope that I have dealt with all the points raised by hon. Members.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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New clause 8

Special provision in relation to

planning inquiries: Wales

'(1) After section 321 of the principal Act (planning inquiries to be held in public subject to certain exceptions) there is inserted the following section—

''321A Special provision in relation to planning inquiries: Wales

(1) This section applies if the matter in respect of which a local inquiry to which section 321 applies is to be held relates to Wales.

(2) The reference in section 321(5) to the Attorney General must be read as a reference to the Counsel General to the National Assembly for Wales.

(3) The Assembly may by regulations make provision as mentioned in section 321(7) in connection with a local inquiry to which this section applies.

(4) If the Assembly acts under subsection (3) rules made by the Lord Chancellor under section 321(7) do not have effect in relation to the inquiry.

(5) The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title).

(6) Section 333(3) does not apply to regulations made under subsection (4).''

(2) In Schedule 3 to the listed buildings Act (determination of certain appeals by person appointed by the Secretary of State), after paragraph 7 there is inserted the following paragraph—

''Local inquiries: Wales

8 (1) This paragraph applies in relation to a local inquiry held in pursuance of this Schedule if the matter in respect of which the inquiry is to be held relates to Wales.

(2) The reference in paragraph 6(7A) to the Attorney General must be read as a reference to the Counsel General to the National Assembly for Wales.

(3) The Assembly may by regulations make provision as mentioned in paragraph 6(7C) in connection with a local inquiry to which this section applies.

(4) If the Assembly acts under subparagraph (3) rules made by the Lord Chancellor under paragraph 6(7C) do not have effect in relation to the inquiry.

(5) The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title).

(6) Section 93(3) does not apply to regulations made under this paragraph.''

(3) In the Schedule to the hazardous substances Act, after paragraph 7 there is inserted the following paragraph—

''Local inquiries: Wales

8 (1) This paragraph applies in relation to a local inquiry held in pursuance of this Schedule if the matter in respect of which the inquiry is to be held relates to Wales.

(2) The reference in paragraph 6(7A) to the Attorney General must be read as a reference to the Counsel General to the National Assembly for Wales.

(3) The Assembly may by regulations make provision as mentioned in paragraph 6(7C) in connection with a local inquiry to which this section applies.

(4) If the Assembly acts under subparagraph (3) rules made by the Lord Chancellor under paragraph 6(7C) do not have effect in relation to the inquiry.

(5) The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title).

(6) Section 40(3) does not apply to regulations made under this paragraph.''.'.—[Keith Hill.]

Brought up, read the First and Second time, and added to the Bill.

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New clause 9

Urgent Crown development

'(1) Before section 294 of the principal Act (special enforcement notices in relation to development on Crown land) there is inserted the following section—

''293A Urgent Crown development: application

(1) This section applies to a development if the appropriate authority certifies—

(a) that the development is of national importance, and

(b) that it is necessary that the development is carried out as a matter of urgency.

(2) The appropriate authority may, instead of making an application for planning permission to the local planning authority in accordance with Part 3, make an application for planning permission to the Secretary of State under this section.

(3) If the appropriate authority proposes to make the application to the Secretary of State it must publish in one or more newspapers circulating in the locality of the proposed development a notice—

(a) describing the proposed development, and

(b) stating that the authority proposes to make the application to the Secretary of State.

(4) For the purposes of an application under this section the appropriate authority must provide to the Secretary of State—

(a) any matter required to be provided by an applicant for planning permission in pursuance of regulations made under section 71A;

(b) a statement of the authority's grounds for making the application.

(5) If the appropriate authority makes an application under this section subsections (6) to (9) below apply.

(6) The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application.

(7) As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.

(8) The Secretary of State must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection.

(9) The Secretary of State must consult—

(a) the local planning authority for the area to which the proposed development relates, and

(b) such other persons as may be prescribed,

about the application.

(10) Subsections (4) to (7) of section 77 apply to an application under this section as they apply to an application in respect of which a direction under section 77 has effect.''

(2) In section 284 of the principal Act (validity of certain matters) in subsection (3) at the end there is inserted the following paragraph—

''(i) any decision on an application for planning permission under section 293A.''.'.—[Keith Hill.]

Brought up, and read the First time.

 

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Prepared 14 October 2003