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Clause 11
Supplementary
Keith Hill: I beg to move amendment No. 79, in
Clause 1(2) requires the RSS to set out the Secretary of State's policies, however they are expressed, in relation to the development and use of land in the region. Amendment No. 79 prevents clause 1(2) from requiring policies prepared by any other Secretary of State to be included in the RSS if those policies relate to the development and use of land within the region. It has always been the intention that the RSS should set out the policies of the Secretary of State with general policy responsibility for planning, and not the policies of, for example, the Secretary of State for Health or the Secretary of State for Transport that relate to but are not primarily about land use or development. The amendment ensures that there is no confusion.
Amendment agreed to.
Question proposed, That the clause, as amended, stand part of the Bill.
Mr. Clifton-Brown: Before we dispose of clause 11, I would like to probe the Minister on what is meant by clause 11(2), which states:
''But the Secretary of State may by order direct that if the area of a National Park falls within more than one region it is treated as falling wholly within such region as is specified in the order.''
It just so happens that the Peak District national park falls in four different regions. I wondered what criteria the Minister will use when making such an order.
Keith Hill: The hon. Gentleman makes a very good point. The clause enables the Secretary of State by order to direct that a national park that falls within more than one region is to be treated as falling within the regions specified in the order. That is necessary to
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ensure that all strategic policies relating to a national park area can be found in one place rather than fragmented among different regional spatial strategies. As to the criteria that will be employed to identify the region within which the interests of the national park will be expressed, I shall undertake to write to the hon. Gentleman setting out those criteria. I am grateful to him for having raised the matter.
Question put and agreed to.
Clause 11, as amended ordered to stand part of the Bill.
Keith Hill: On a point of order, Mr. Hurst. I am delighted to be able to raise this point of order to express my thanks to a range of persons in the Committee. First, on behalf of the entire Committee I express our thanks to you and to your colleagues for their excellent, wise and tolerant chairmanship. I also express a genuine word of thanks for their support, not least their patience, during the proceedings. I offer a particular word of thanks to my hon. Friend the Member for Gillingham (Paul Clark), the Government Whip on the Committee, and I would like to extend that to all the usual channels involved in the Committee.
I would also like to express my thanks to the Opposition. I thank both parties for their courtesy, open-mindedness and generosity towards myself in a variety of circumstances, and I thank them for the extremely serious and responsible way in which they have contributed to our proceedings. I express the thanks of the Committee to the Clerks, who have served us well, the Hansard Reporters, the Badge Messengers and the police officers who have supervised our proceedings.
Finally, I express my thanks to the silent ones—those who officially do not exist, but without whom a Minister would in reality scarcely exist, or at least not for very long. They have proved a consistent inspiration throughout the proceedings.
Mr. Clifton-Brown: Further to that point of order, Mr. Hurst. I wish to associate myself with all the Minister's remarks. I would also like to say that it is very nice to see that the hon. Member for Kingston and Surbiton did manage to turn up today for the second time. I thank my colleagues for their contributions, particularly the silent one, my hon. Friend the Member for Rayleigh, although he was not so silent at times. He made some very good points. I would also like to thank you, Mr. Hurst, and your co-Chairman, Mr. Pike, for all your forbearance.
I would like to thank the Minister. He has almost always—apart from the odd occasion when we pushed him to the limit—behaved with courtesy and great generosity in giving way. I would also like to thank the Clerks. They have been unfailingly helpful over a long period of time, and have had a huge work load. I would like to thank Hansard, and the Badge Messengers and the police for keeping us all safe. Let us hope that we get this Bill on to the statute book—although having said that, I am sure that it will need a little more amendment.
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Matthew Green: Further to that point of order, Mr. Hurst. I would like to associate myself with all the remarks. I particularly want to express warm thanks to you and Mr. Pike for the way in which you have chaired the Committee and, at times, kept us in order when we have strayed from the straight and narrow and the subject under discussion. I particularly thank the Minister—in fact, all the Ministers, although, sadly, one of the Ministers, the Under-Secretary of State for Wales, never got to say a word.
The Chairman: First, those were not points of order, but they were duly appreciated. Secondly, as it is half-past 7, I have to put the questions necessary under the terms of the programme resolution to complete the proceedings.
Clauses 15 and 19 ordered to stand part of the Bill.
Clause 20
Intervention by Secretary of State
Amendments made: No. 2, in
No. 84, in
Clause 20, as amended, and clauses 21 to 23 ordered to stand part of the Bill.
Clause 24
Revocation of local development document
Amendment made: No. 86, in
Clause 24, as amended, and clause 25 ordered to stand part of the Bill.
Clause 26
Secretary of State's default power
Amendment made: No. 3, in
clause 26, page 14, line 39, leave out 'local development' and insert 'development plan'.—[Keith Hill.]
Clause 26, as amended, and clause 27 ordered to stand part of the Bill.
Clause 28
Joint committees
Amendments made: No. 88, in
No. 89, in
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Clause 28, as amended, and clauses 29 to 33 ordered to stand part of the Bill.
Clause 34
Annual monitoring report
Amendment made: No. 90, in
Clause 34, as amended, ordered to stand part of the Bill.
Clause 35
Regulations
Amendments made: No. 91, in
No. 92, in
No. 93, in
clause 35, page 19, line 11, at beginning insert 'the determination of'
No. 94, in
Clause 35, as amended, and clause 36 ordered to stand part of the Bill.
Clause 44
Simplified planning zones
Amendment made: No. 12, in
clause 44, page 32, line 4, leave out 'satisifed' and insert 'satisfied'.—[Keith Hill.]
Clause 44, as amended, ordered to stand part of the Bill.
Clause 45
Appeal made:
functions of local planning authority
Amendments made: No. 13, in
clause 45, page 33, line 31, leave out from beginning to end of line 34.
No. 14, in
clause 45, page 34, line 17, at end insert—
'(1A) In the listed buildings Act after section 20 (right to appeal) there is inserted the following section—
''20A Appeal made: functions of local planning authorities
(1) This section applies if a person who has made an application mentioned in section 20(1)(a) appeals to the Secretary of State under section 20(2).
(2) At any time before the end of the additional period the local planning authority may give the notice referred to in section 20(2).
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(3) If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—
(a) the appeal must be treated as an appeal under section 20(1) against the refusal;
(b) the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
(c) the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.
(4) If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity—
(a) to proceed with the appeal as an appeal under section 20(1) against the grant of the application subject to conditions;
(b) to revise the grounds of the appeal;
(c) to change any option the person has chosen relating to the procedure for the appeal.
(5) The Secretary of State must not issue his decision on the appeal before the end of the additional period.
(6) The additional period is the period prescribed for the purposes of this section and which starts on the day on which the person appeals under section 20(2).''.'.
No. 15, in
clause 45, page 34, line 18, leave out from 'to' to 'which' in line 19 and insert 'relevant applications'.
No. 16, in
clause 45, page 34, line 20, at end insert—
'(2A) The following are relevant applications—
(a) an application mentioned in section 78(1)(a) of the principal Act;
(b) an application mentioned in section 20(1)(a) of the listed buildings Act;
(c) an application mentioned in section 20(1)(a) of the listed buildings Act as given effect by section 74(3) of that Act (application of certain provisions to the control of demolition in conservation areas).'.—[Keith Hill.]
Clause 45, as amended, and clause 47 ordered to stand part of the Bill
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