§ 1 Clause 2, page 4, leave out lines 4 to 15 and insert 'planning permission for carrying out any development of land has been granted subject to conditions.
776§ (2) The local planning authority may, if any of the conditions is not complied with, serve a notice (in this Act referred to as a "breach of condition notice") on—
- (a) any person who is carrying out or has carried out the development; or
- (b) any person having control of the land,
§ (2A) References in this section to the person responsible are to the person on whom the breach of condition notice has been served.
§ (2B) The conditions which may be specified in a notice served by virtue of subsection (2) (b) are any of the conditions regulating the use of the land.'.
§ 2 Page 4, line 25, at end insert 'or any other conditions'.
§ 3 Page 4, line 35, after 'notice', insert '(a)'.
§
4 Page 4, line 36, after 'with', insert 'and
(b) the steps specified in the notice have not been taken or, as the case may be, the activities specified in the notice have not ceased'.
§ 5 Page 4, leave out lines 38 to 41.
§ 6 Page 5, line 2, after 'prove', insert '(a)'.
§
7 Page 5, line 4, at end insert 'or
(b) where the notice was served on him by virtue of subsection (2) (b), that he no longer had control of the land'.
§ 8 Page 5, line 8, after 'section' insert '(a)'.
§ 9 Page 5, line 8, at end insert 'and
§ (b) references to carrying out any development include causing or permitting another to do so'.
§ 10 Clause 5, page 7, line 29, after first 'land', insert 'by discontinuing any use of the land'.
§ 11 Page 7, line 31, leave out 'removing or alleviating' and insert 'remedying'.
§ Baroness BlatchMy Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 1 to 11. I should like to speak also to Amendments Nos. 13, 17 to 30, 47 to 49, 51 to 59, 61, 62, 64, 69, 71 to 75, 84, 86, 87, 89, 103 to 106, 135 to 142, 167, 168, 174, 191, 192, 194, 195, 197, 216, 228, 232, 233 and 240.
These amendments all relate to the enforcement provisions of the Bill, including the amendments to the parallel regimes for enforcement of listed building, tree preservation and hazardous substances control. As noble Lords are aware, those are some of the most complex provisions in the planning Acts. It is perhaps therefore not entirely surprising that as the Bill progressed in another place some technical requirements proved to be essential.
I do not intend to take your Lordships' time with a detailed explanation of all the amendments. However, I shall try to deal with any points that noble Lords wish to raise.
§ Moved. That the House do agree with the Commons in their Amendments Nos. 1 to 11.—(Baroness Blatch.)
§ Lord Brougham and VauxMy Lords, my noble friend Lord Stanley of Alderley cannot be present today. As regards Amendments Nos. 28, 30 and 136, he asks me to thank my noble friend and her department for bringing forward the amendments.
§ On Question, Motion agreed to.