HL Deb 01 July 1991 vol 530 cc819-23

61 Clause 31, page 38, line 30, after first 'land' insert 'by discontinuing any use of the land'.

62 Page 38, line 32, leave out 'removing or alleviating' and insert 'remedying'.

63 Page 38, line 36, leave out 'demolition or alteration' and insert 'alteration or removal'.

64 Page 38, leave out line 40.

65 Page 38, line 45, at end insert: '(5A) An enforcement notice issued in respect of a breach of planning control consisting of demolition of a building may require the construction of a building (in this section referred to as a "replacement building") which, subject to subsection (5B) of this section, is as similar as possible to the demolished building. (5B) A replacement building —

  1. (a) must comply with any requirement imposed by or under any enactment applicable to the construction of buildings;
  2. (b) may differ from the demolished building in any respect which, if the demolished building had been altered in that respect, would not have constituted a breach of planning control;
  3. (c) must comply with any regulations made for the purposes of this subsection (including regulations modifying paragraphs (a) and (b) of this subsection).'.

66 Page 39, line 20, leave out 'demolished' and insert 'removed'.

67 Page 39, line 25, leave out from 'granted' to end of line 28 and insert 'under section 29 of this Act in respect of development consisting of the construction of the buildings or works or, as the case may be, the carrying out of the activities. (10) Where —

  1. (a) an enforcement notice requires the construction of a replacement building; and
  2. (b) all the requirements of the notice with respect to that construction have been complied with,
planning permission shall be treated as having been granted under section 29 of this Act in respect of development consisting of that construction.'.

68 Clause 32, page 40, line 3, leave out from 'specified' to 'as' in line 5 and insert 'in the notice'.

69 Page 40, line 23, at end insert 'or, as the case may be, to remedy any injury to amenity which has been caused by any such breach.'.

70 Clause 35, page 42, line 20, leave out 'subsection (1) or.

71 Clause 36, page 43, line 42, leave out 'building, engineering, mining or other'.

72 Page 45, line 12, leave out 'building, engineering, mining or other'.

73 Page 45, line 20, leave out 'were'.

74 Page 45, line 21, leave out from 'application' to second 'they' in line 45 and insert 'would be lawful if instituted or begun at the time of the application'.

75 Page 45, leave out lines 35 to 38 and insert: '(4) There shall be an irrefutable presumption as to the lawfulness of any use or operations for which a certificate is in force under this section unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining such lawfulness.'.

76Page 45, line 41, after 'regulations', insert 'under this Act'.

77 Page 45, line 43, after 'by', insert 'such'.

78 Page 45, line 44, after 'under', insert 'such'.

79 Page 45, line 46, after 'by', insert 'such'.

80 Page 46, line 1, after 'particular', insert 'such'.

81 Page 46, line 4, after 'by', insert 'the'.

82 Page 46, line 8, after 'under', insert 'the'.

83 Page 46, line 21, after 'by', insert 'such'.

84 Page 46, line 22, at end insert: '(4A) A certificate under section 90 or 90A shall not affect any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted unless that matter is described in the certificate.'.

85 Page 46, line 33, after 'by', insert 'such'.

86 Clause 37, page 48, line 37, leave out 'land is damaged' and insert 'damage is caused to land or moveable property'.

87 Page 48, line 38, leave out from 'compensation' to 'from' in line 39 and insert 'may be recovered by any person suffering the damage'.

88Page 48, line 41, at end insert: '(3A) The provisions of section 168 of this Act shall apply in relation to compensation under subsection (3) of this section as they apply in relation to compensation under Part VIII of this Act.'.

89 Page 49, line 9, at end insert: '(2) In section 266(4) of the 1972 Act (compensation for damage caused in exercise of right of entry)—

  1. (a) for "land is damaged" there is substituted "damage is caused to land or moveable property"; and
  2. (b) for the words from "in respect of to "in the land" there is substituted "may be recovered by any person suffering the damage".'.

90 Before Clause 38, insert the following new clause:

Demolition of buildings

'.—(1) In section 19 of the 1972 Act (meaning of "development") after subsection (1) there is inserted — (1A) For the purposes of this Act "building operations" includes —

  1. (a) demolition of buildings;
  2. (b) rebuilding;
  3. (c) structural alterations of or additions to buildings; and
  4. (d) other operations normally undertaken by a person carrying on business as a builder."

(2) In subsection (2) of that section after paragraph (f) there is inserted— (g) the demolition of any description of building specified in a direction given by the Secretary of State to planning authorities generally or to a particular planning authority.

(3) After section 154(3) of the 1972 Act (compensation for refusal or conditional grant of planning permission formerly granted by development order) there is inserted— (3A) Regulations made by virtue of this subsection may provide that subsections (1) and (2) of this section shall not apply where planning permission granted by a development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.".'.

91 Insert the following new clause:

Fish farming

'.(1) After subsection (3A) of section 19 (meaning of "development") of the 1972 Act there is inserted— (3B) Where the placing or assembly of any tank in any part of any inland waters for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the tank resulted from carrying out engineering operations over that land; and in this subsection— fish farming" means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean or mollusc); inland waters" means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and tank" includes any cage and any other structure for use in fish farming.

(2) This section does not apply to the placing or assembly of any structure before this section comes into force.'.

92 Clause 38, page 49, line 13, leave out from 'regulations' to 'any' in line 17 and insert 'under this Act shall make provision—

(a) as to the notice of any application for planning permission to be given to any person (other than the applicant) who at the beginning of the period of twenty-one days ending with the date of the application was —

  1. (i) the owner of, or
  2. (ii) the tenant of any agricultural holding any part of which was comprised in,
any of the land to which the application relates; and

(b) requiring'.

93 Page 49, leave out lines 23 to 30.

94 Page 49, line 31, after 'or' insert 'such'.

95 Page 49, line 36, after 'or' insert 'such'.

96 Page 50, leave out lines 15 and 16 and insert: '(8) In this section— agricultural holding" has the same meaning as in the Agricultural Holdings (Scotland) Act 1991; and owner" in relation to any land means any person who—

  1. (a) under the Lands Clause Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than seven years; or
  2. (b) in the case of such applications as may be prescribed by a development order or by regulations, is entitled to an interest in any mineral so prescribed,
and the references to the interests in the land to which an application for planning permission relates includes any interest in any mineral in, on or under the land.'.

97 Page 50, line 24, after 'regulations' insert 'under this Act'.

98 After Clause 39, insert the following new clause:

Assessment of environmental effects

'. After section 26 of the 1972 there is inserted—

"Assessment of environmental effects.

26B.—(1) The Secretary of State may by regulations under this Act make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects of the proposed development.

(2) The regulations—

  1. (a) may make the same provision as, or provision similar or corresponding to, any provision made, for the purposes of any Community obligation of the United Kingdom about the assessment of the likely effects of development on the environment, under section 2(2) of the European Communities Act 1972; and
  2. (b) may make different provisions for different classes of development.

(3) Where a draft of regulations made in exercise both of the power conferred by this section and the power conferred by section 2(2) of the European Communities Act 1972 is approved by resolution of each House of Parliament, no statutory instrument containing such regulations shall be subject to annulment by virtue of subsection (2) of section 273 (regulations and orders) of this Act.".'.

99 Insert the following new clause:

Agreements relating to Crown land

'.—(1) In subsection (2) of section 50 (agreements regulating development or use of land) of the 1972 Act, after "Sasines" there is inserted "or, as the case may be, registered in the Land Register of Scotland,". (2) In subsection (1) of section 254 (agreements relating to Crown land) of the 1972 Act—

  1. (a) after "agreements" there is inserted "(a)": and
  2. (b) after "thereto" there is inserted—
"and (b) for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement."

(3) After subsection (1) of that section there is inserted— (1A) Subject to Subsection 1B of this Section an agreement made under subsection (1) (b) of this section may, if it has been recorded in the appropriate Register of Sasines or, as the case may be, registered in the Land Register of Scotland, be enforceable at the instance of the planning authority against persons deriving title to the land from the appropriate authority. (1B) An agreement made under subsection (1) (b) of this section shall not be enforceable against a third party who has in good faith and for value acquired right (whether completed by investment or not) to the land prior to the agreement being recorded or, as the case may be, registered as aforesaid or against any person deriving title from such a third party.".'.

100 Page 51, line 40, after 'materials' insert 'and provides for altering the provisions relating to compensation for restrictions on mineral working and depositing mineral waste'.

101 After Clause 41, insert the following new clause:

Old mining permissions

'. After section 49G of the 1972 Act there is inserted

"Old mining permissions.

49H.—(1) In this section and Schedule 10A to this Act, "old mining permission" means any planning permission for development—

  1. (a) consisting of the winning and working of minerals, or
  2. (b) involving the depositing of mineral waste, which is deemed to have been granted by virtue of paragraph 77 of Schedule 22 to this Act (development authorised under interim development orders after 10th November 1943).

(2) An old mining permission shall, if an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined, have effect as from the final determination as if granted on the terms required to be registered.

(3) If no such development has, at any time in the period of two years ending with 16th May 1991, been carried out to any substantial extent anywhere in, on or under the land to which an old mining permission relates, that permission shall not authorise any such development to be carried out after the coming into force of this section unless—

  1. (a) the permission has effect in accordance with subsection (2) above; and
  2. (b) the development is carried out after such an application is finally determined.

(4) An old mining permission shall—

  1. (a) if no application for the registration of the permission is made under that Schedule, cease to have effect on the day following the last date on which such an application may be made, and
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  2. (b) if such an application is refused, cease to have effect on the day following the date on which the application is finally determined.

(5) An old mining permission shall, if—

  1. (a) such an application is granted; but
  2. (b) an application under that Schedule to determine the conditions to which the permission is to be subject is required to be served before the end of any period and is not so served,
cease to have effect on the day following the last date on which the application to determine those conditions may be served.

(6) Subject to subsection (3) above, this section—

  1. (a) shall not affect any development carried out under an old mining permission before an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined or, as the case may be, the date on which the permission ceases to have effect; and
  2. (b) shall not affect any order made or having effect as if made under section 49 or 49A to 49F of this Act (discontinuance, etc., orders).".'.

102 Insert the following new clause:

Transitional provision as to compensation regulations

'. Without prejudice to section 17(2) of the Interpretation Act 1978, any regulations made, or having effect as if made, by virtue of section I 67A (regulations as to mineral compensation) of the 1972 Act shall, to the extent that they are in force on the coming into force of paragraph 10A of Schedule 7 to this Act, have effect as if made under section I 67A of that Act as substituted by that paragraph.'.

103 Clause 42, page 53, line 15, leave out 'and 164'.

104 Page 53, line 22, leave out 'subsections (2) and (5)' and insert 'subsection (2)'.

105 Page 54, line 30, leave out 'land is damaged' and insert 'damage is caused to land or moveable property'.

106Page 54, line 31, leave out from 'compensation' to 'from' in line 32 and insert 'may be recovered by any person suffering the damage'.

107 After Clause 46, insert the following new clause:

Status of development plans

'At the end of Part II of the 1972 Act (development plans) there is inserted—

"General Status of development plans.

18A.—Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.".'.

Baroness Blatch

My Lords, Amendments Nos. 61 and 62 were spoken to with Amendment No. 1. Unless there is an objection from any Member of the House, with the permission of the House I beg to move that the House do agree with the Commons in their Amendments Nos. 61 to 107 en bloc.

Lord McIntosh of Haringey

My Lords, we on these Benches have no objection whatever.

Moved, That the House do agree with the Commons in their Amendments Nos. 61 to 107 en bloc.—(Baroness Blatch.)

On Question, Motion agreed to.