Greater London Authority Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Schedule 24
 
  
BY THE LORD WHITTY
 
539XA     Page 332, line 44, at end insert-- 
 ("The Pensions (Increase) Act 1971 
 Meaning of local authority 
     ("  . In Schedule 3 to the Pensions (Increase) Act 1971 (meaning of local authority) after paragraph 6(1)(a)(ia) there shall be inserted--
            "(ib)  the London Fire and Emergency Planning Authority;".")
1971 c. 56.
  
Clause 290
 
  
BY THE LORD WHITTY
 
539YA     Page 163, line 5, leave out ("for") 
539ZA     Page 163, line 7, leave out from ("authority") to end of line 11 and insert ("shall be treated as if it included a reference to a person who is disqualified under section 20 of the Greater London Authority Act 1999 from being elected or being the Mayor of London or a member of the London Assembly."") 
  
Clause 292
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
539A     Page 163, line 23, at end insert ("which shall include an appraisal of the sustainability of its policies and proposals") 
  
Clause 293
 
  
BY THE LORD WHITTY
 
539AA     Page 164, line 28, at end insert ("; and
    (e)  any other body to which, or person to whom, the Mayor considers it appropriate to send a copy.")
 
539AB     Page 164, line 28, at end insert--
 
    ("(3A)  In determining the bodies to which or persons to whom it is appropriate to send a copy of the strategy under subsection (3)(e) above (if any), the bodies to which and the persons to whom the Mayor considers sending a copy must include bodies of each of the descriptions specified in section 27(3) above.")
 
  
Clause 295
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
539B     Page 165, line 17, leave out ("may") and insert ("shall") 
  
BY THE LORD WHITTY
 
539BA     Page 165, line 24, leave out ("findings reported") and insert ("report made") 
539BB     Page 165, line 36, leave out ("findings") and insert ("report") 
539BC     Page 165, line 37, leave out ("have been reported") and insert ("has been made") 
  
Clause 296
 
  
BY THE LORD WHITTY
 
539BD     Page 166, line 36, leave out ("report his or their findings") and insert ("make a report") 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
539C     Page 166, line 36, leave out ("findings") and insert ("recommendations") 
  
Clause 297
 
  
BY THE LORD WHITTY
 
540     Leave out Clause 297 
  
Clause 299
 
  
BY THE LORD JENKIN OF RODING
 
541     Page 167, line 22, at end insert--
 
    ("(  )  Without prejudice to the generality of subsection (1) above, the Mayor shall commence a review of the spatial development strategy not more than five years after the date on which it first becomes operative pursuant to the provisions of this Part.")
 
  
Clause 300
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
541ZA     Page 167, line 31, leave out paragraph (a) 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
541A     Page 167, line 33, at end insert--
 
    ("(  )  The Secretary of State may only make a direction under this section if the direction is consistent with section 295(6).")
 
  
BY THE LORD WHITTY
 
542     Page 167, line 41, at end insert--
 
    ("(  )  In this Act, references to the spatial development strategy include, except where the context otherwise requires, a reference to--
    (a)  the spatial development strategy as altered; or
    (b)  a new spatial development strategy which replaces a previous spatial development strategy.")
 
  
Clause 303
 
  
BY THE LORD JENKIN OF RODING
 
543     Page 170, line 32, at end insert--
        ("(1D)  The Mayor shall not exercise any power under subsection (1B) to direct a local planning authority to refuse an application involving the erection of a building by reason only of the floor space which that building is to provide if--
      (a)  the building to be erected is to replace a building which is located on the land to which the application relates;
      (b)  the floor space provided by the building to be replaced is not less than the floor space to be provided by the building to be erected; and
      (c)  the building to be erected and the building which it is to replace fall within the same use class.
        (1E)  In subsection (1D) above--
      "floor space" in relation to any building means the sum of the total floor area provided by every level of that building, measured by reference to its external surfaces, and
      "use class" means class specified in an order made under subsection (2)(f) of section 55 above or in an order having effect as if made under that subsection."")
 
  
After Clause 303
 
  
BY THE LORD WHITTY
 
543YA     Insert the following new Clause-- 
      ("    . After section 322A of the Town and Country Planning Act 1990 there shall be inserted--Town and Country Planning Act 1990: costs of appeals.
1990 c. 8.
 "Local inquiries in London: special provision as to costs in certain cases.     322B.--(1) This section applies where--
    (a)  the local planning authority for a London borough refuse an application for planning permission,
    (b)  that refusal is in compliance with a direction made by the Mayor of London in accordance with provision made in a development order by virtue of section 74(1B)(a), and
    (c)  an appeal against the refusal is made to the Secretary of State under section 78.
    (2)  If the Secretary of State causes a local inquiry to be held under section 320(1) to determine the appeal, in its application to the inquiry section 250 of the 1972 Act shall be treated as if--
    (a)  for subsection (4) there were substituted the subsection set out at subsection (5) below, and
    (b)  for subsection (5) there were substituted the subsection set out at subsection (6) below.
    (3)  If the appeal does not give rise to a local inquiry under section 320, in the application of section 322(2) in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
 
    (4)  If arrangements are made for a local inquiry in relation to the appeal and the inquiry does not take place, in the application of section 322A in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
 
    (5)  The subsection referred to in subsection (2)(a) above is as follows--
 
"Where this subsection applies to an inquiry, the costs incurred by the Secretary of State in relation to the inquiry shall be paid--
    (a)  by the Mayor of London, if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission, or
    (b)  if the Mayor is a party or if the Secretary of State does not so decide, by such local authority or party to the inquiry as he may direct;
and the Secretary of State may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by the Mayor or by any authority or person shall be recoverable from the Mayor or from that authority or person by the Secretary of State summarily as a civil debt.".
 
    (6)  The subsection referred to in subsection (2)(b) above is as follows--
 
"Where this subsection applies to an inquiry, or to costs incurred for the purposes of an inquiry, the Secretary of State may make orders as to the costs of the parties to the inquiry and as to the parties by whom the costs are to be paid; and--
    (a)  the parties by whom the costs are ordered to be paid may include the Mayor of London if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission;
    (b)  every such order may be made a rule of the High Court on the application of any party named in the order.".
    (7)  In this section "the 1972 Act" means the Local Government Act 1972".")
 
  
Clause 306
 
  
BY THE LORD WHITTY
 
543ZA     Page 171, line 6, at end insert ("or
    (c)  any other body which the Mayor considers should be informed,")
 
  
Clause 309
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
543A     Page 172, line 24, at end insert--
    ("(  ) housing conditions, and
    (  ) the effects of the environment on health")
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
543B     Page 172, line 25, after ("other") insert ("relevant") 
543C     Page 172, line 26, after ("Mayor") insert (", on the advice of his Environmental Strategy Group established under Schedule (The Environment Strategy Group for London),") 
543D     Page 172, line 42, at end insert--
 
    ("(  ) For the purposes of subsection (3)(a) above, information about air quality and emissions to air includes information about--
    (a)  benzene,
    (b)  1,3-butadiene,
    (c)  carbon monoxide,
    (d)  lead,
    (e)  nitrogen dioxide,
    (f)  ozone,
    (g)  fine particles (PM2.5-PM10),
    (h)  sulphur dioxide,
and any other emissions which the Environment Strategy Group shall from time to time consider necessary and appropriate")
 
  
After Clause 310
 
  
BY THE LORD LUKE
THE BARONESS ANELAY OF ST. JOHNS
 
544     Insert the following new Clause-- 
      ("  .--(1)  The Mayor shall prepare and publish a document to be known as the "River Thames Strategy".
 
    (2)  The River Thames Strategy shall contain the Mayor's proposals and policies for--
    (a)  the use, enhancement and protection of the river and riverside known as the "Thames Policy Area", and
    (b)  the promotion of the use of transport on the Thames by tourists.
    (3)  In preparing the Strategy the Mayor shall seek to promote and encourage holistic and integrated approaches to the strategically significant features of the river including--
    (a)  river transport,
    (b)  river economy,
    (c)  river ecology and wildlife habitats,
    (d)  river heritage and the built environment,
    (e)  recreation and leisure, and
    (f)  public access, amenity and open spaces,
and the River Thames Strategy may contain such other proposals and policies relating to the River Thames as the Mayor may consider appropriate.
 
    (4)  The River Thames Strategy shall contain information about--
    (a)  the measures that are to be taken for the implementation of the River Thames Strategy by the Authority, Transport for London, and the London Development Agency; and
    (b)  the measures that other persons or bodies are to be encouraged to take by the Mayor.
    (5)  In preparing or revising the River Thames Strategy the Mayor shall consult--
    (a)  the Port of London Authority,
    (b)  the Environment Agency,
    (c)  each riparian London borough council,
    (d)  the Common Council,
    (e)  British Waterways,
    (f)  the London Tourist Board,
    (g)  the British Tourist Authority, and
    (h)  any other person or body whom the Mayor considers it is appropriate to consult.")
River Thames Strategy.
  
Clause 311
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
544TA       Page 173, line 34, after second ("the") insert ("minimisation,") 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
544UA       Page 173, line 35, after ("waste") insert ("which shall include proposals for the disposal of London's waste within London") 
  
Clause 314
 
  
BY THE LORD WHITTY
 
544UAA*       Page 175, line 6, leave out from ("direction") to end of line 8 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
544VA       Page 175, line 7, leave out paragraph (b) 
  
BY THE LORD WHITTY
 
544VAA*       Page 175, line 8, at end insert--
 
    ("(  )  The Mayor may not give to an authority a direction under subsection (1) above requiring the authority--
    (a)  to terminate a waste contract before the expiry of the term of the contract; or
    (b)  to do anything which would result in a breach of any term of a waste contract.
    (  )  The Mayor may not give to an authority a direction under subsection (1) above requiring the authority to exercise a function in relation to the awarding of a waste contract if--
    (a)  the authority is required to comply with the public procurement regulations in awarding that contract, and
    (b)  in compliance with those regulations the authority has sent the second information notice relating to the awarding of that contract to the Official Journal of the European Communities.")
 
 
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Prepared 22 October 1999