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Lords Amendment No. 107: In page 49, line 24, at beginning insert:
Subject to the provisions of this section".
§ Mr. SkeffingtonI beg to move, That this House doth agree with the Lords in the said Amendment.
§ Mr. SpeakerI suggest that with this Amendment we take Lords Amendments Nos. 111, 112, 115 and 116.
§ Mr. SkeffingtonThe substantial point is that the Amendment makes the wording of the Clause clear. The Clause is also deficient in that it contains no provision for the case where an outline permission has been granted before the commencement of the Clause, subject to an express time limit condition of some kind.
Amendment No. 111 makes good this deficiency by inserting a new subsection stating that subsection (2) is not to apply to an existing permission with such a condition. The new subsection is similar in effect to subsections (3)(c) of Clause 57, which deals with detailed permissions.
§ Question put and agreed to.
| "(4) If after the commencement of this section outline planning permission is granted without the conditions required by subsection (2) above, it shall be deemed to have been granted subject to those conditions. | |
| 5 | (5) The authority concerned with the terms of an outline planning permission may, in applying subsection (3) above, substitute, or direct that there be substituted, for the periods of three years, five years or two years referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate. |
| 10 | |
| 15 | (6) The said authority may, in applying the said subsection specify, or direct that there be specified, separate periods under paragraph (a) of the subsection in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) of the subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole. |
| 20 | (7) In considering whether to exercise their powers under subsections (5) and (6) above, the said authority shall have regard to the provisions of the development plan and to any other material considerations." |
§ Read a Second time.
§ Amendment to the proposed Amendment agreed to: In line 3, leave out '(2)' and insert '(3)'.—[Mr. Skeffington.]
§ Lords Amendment, as amended, agreed to.
§ Subsequent Lords Amendments agreed to.
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Lords Amendment No. 119: In page 50, leave out line 46 and insert—
determination of the appeal.
(4) Where after the commencement of sections 57 and 58 above a local planning authority grant planning permission, the fact that any of the conditions of the permission are required by this Act to be imposed, or are deemed by this Act to be imposed, shall not prevent the conditions being the subject
§ Subsequent Lords Amendment agreed to.
§ Lords Amendment No. 109: In page 49, line 33, leave out "two" and insert "three".
§ Mr. SpeakerIt is suggested that with this Amendment we take Lords Amendments Nos. 110, 113 and 114.
§ Mr. SkeffingtonThese were Opposition Amendments in another place which the Government have been happy to accept.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.
§ Lords Amendment No. 115: In page 50, leave out lines 16 to 22 and insert—
§ of an appeal under section 23 of the principal Act against the decision of the authority.
§ (5) Section 18(3) of the principal Act (planning permission not to be taken as authorising operations carried out after the time limited in that behalf by the permission having conditions attached to it by or under section 57(1), (2) or (3) or section 58(2), (4) or (5) above; but in the case of such a planning permission (whether outline or other),—
- (a) development carried out after the date by which the conditions of the permission require it to be carried out shall be treated as not authorised by the permission; and
- (b) an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission."
§ Mr. SkeffingtonI beg to move, That this House doth agree with the Lords in the said Amendment.
The principal change here is the new subsection (4), which puts beyond doubt that the time-limit conditions imposed on planning permissions after the commencement of Clauses 57 and 58 can be appealed against. It was always argued that this could be done but the matter is now put beyond doubt. The new subsection (5) contains provisions to ensure that time-limited permissions lapse if the development has not been begun, or, in the case of an outline permission, if an application for approval of reserved matters has not been made within the time-limits laid down.
§ Question put and agreed to.