HL Deb 30 June 1994 vol 556 cc899-902

77 Schedule 5, page 59, line 38, at end insert: ''. In section 12 (preparation of unitary development plan), at the end add— (11) Any provision made by regulations under this section in its application by virtue of section 10 may differ from that made under this section in its application by virtue of section 10A.'".

78 Page 59, line 47, leave out from 'Wales' to end of line 6 on page 60 and insert: 'for their areas if—

  1. (a) each of those areas adjoins each of the others; or
  2. (b) the Secretary of State has given his approval.

(2) Subsection (1) does not apply in relation to a joint plan for any area which consists of or includes a National Park.'.

79 Page 60, line 35, leave out from beginning to end of line 5 on page 61 and insert:

'National Parks in Wales Unitary development plans for National Parks in Wales.

23B'.—(1) A unitary development plan shall be prepared for each National Park in Wales.

(2) A Welsh National Park development plan shall relate to an area prescribed in relation to the National Park in question by order made by the Secretary of State.

(3)The prescribed area in relation to a National Park which falls wholly within, but does not comprise the whole of, the area of a single local planning authority shall be—

  1. (a)where the local planning authority have so elected, the whole of the area of the local planning authority; and
  2. (b)in any other case—
    1. (i) the whole of the area of the National Park; or
    2. (ii) a composite area.

(4) The prescribed area in relation to any other Welsh National Park shall be—

  1. (a)the whole of the area of the National Park; or
  2. (b)a composite area.

(5) For the purposes of this section and section23C, "composite area", in relation to a National Park, means an area which consists of the whole of the Park together with any one or more other areas in Wales.

(6) The Secretary of State shall not under subsection (2) prescribe an area which is a composite area except with the consent of every local planning authority in whose area the prescribed area or any part of it would fall.

(7)Any order made by the Secretary of State under subsection (2) may make such saving or transitional provision as he considers appropriate.

(8)Where, by an order under subsection (2), the Secretary of State prescribes a composite area which comprises or includes part only of the area of a local planning authority, the provisions of this Chapter shall apply in relation to—

  1. (a) the Welsh National Park development plan in question, or
  2. (b) any proposals for its alteration or replacement, subject to such modifications, if any, as may be prescribed by the order.

(9) Subsections (3) and (4) of section 10A do not apply for the purposes of—

  1. (a)subsection (3) or (8) of this section, or
  2. (b)section 23C(1), (2) or (4).

(10) For the purposes of this Act, "Welsh National Park development plan" means a unitary development plan prepared for a National Park in Wales.

Joint unitary development plans for National Parks in Wales.

23C'.—(1) A Welsh National Park development plan for a National Park which neither coincides with nor falls wholly within the area of a single local planning authority shall be a joint unitary development plan.

(2)A Welsh National Park development plan for any other National Park shall be a joint unitary development plan if it relates to a composite area unless the composite area coincides with or falls wholly within the area of a single local planning authority.

(3)Any Welsh National Park development plan which is required to be a joint plan shall be prepared by the authorities who will be the appropriate authorities in relation to the plan.

(4)For the purposes of this section, an authority are an appropriate authority in relation to a joint plan if—

  1. (a)they are a local planning authority; and
  2. (b)their area or any part of their area falls within the area to which the plan relates.

(5)Any proposals prepared under section 21 for the alteration or replacement of a joint plan of a kind mentioned in subsection (1) or (2) shall be joint proposals prepared by the appropriate authorities in relation to that plan, and any direction given by the Secretary of State under that section in relation to that plan shall be given jointly to those authorities.

(6)Subsections (3) to (6) and (8) of section 23A apply in relation to any joint plan or proposals of a kind mentioned in subsection (1), (2) or (5) as they apply in relation to any joint plan or proposals of a kind mentioned in section 23A(1).'".

80 Page 61, line 5, at end insert: 'In section 26 (regulations and directions), after subsection (3) insert— (3A) Any provision made by regulations under this section in its application by virtue of section 10 may differ from that made under this section in its application by virtue of section 10A."'.

81 Page 62, line 21, after 'to' insert 'or replacement of.

82 Page 63, line 39, leave out 'when'.

83 Page 63, line 40, after '(a)' insert 'when'.

84 Page 63, line 45, leave out 'one or more National Parks' and insert 'an area prescribed under section 23B(2) of the planning Act in relation to a National Park'.

85 Page 63, line 48, leave out 'as the case may be,' and insert 'if there is more than one,'.

86 Page 64, line 5, leave out 'the Park or, as the case may be, each' and insert 'any'.

87 Page 64, line 7, leave out from 'reference to' to 'area' in line 8 and insert 'that'.

88 Page 64, line 11, leave out 'National Park' and insert 'area prescribed under section 23B(2) of the planning Act in relation to that Park'.

89 Page 64, line 14, after 'within' insert 'an area so prescribed in relation to'.

90 Page 64, line 28, after second 'alteration' insert 'or replacement'.

91 Page 65, line 13, at end insert: 'and for this purpose a plan which was permitted to be prepared jointly is not to be treated on that ground alone as not being required to be prepared'.

92 Page 65, line 17, after second 'alteration' insert 'or replacement'.

93 Page 65, line 19, leave out '32(1) (a)' and insert '32(1)'.

94 Page 65, line 22, leave out '32(2) (a)' and insert '32(2)'.

95 Page 65, line 33, leave out from beginning to end of line 38 on page 69 and insert:

'Preparation of modified schemes

10'. —(1) Where any planning scheme war previously in course of preparation, any relevant authority may submit to the Secretary of State a request for approval to prepare a modified scheme for the affected area.

(2) The Secretary of State may approve any such request if he is satisfied that the planning scheme was previously in course of preparation in relation to the 'affected area, and that—

  1. (a) it is expedient that preparation of the planning scheme fee continued in the preparation of the modified scheme;
  2. (b) continued preparation of the planning scheme in relation to the affected area is likely to be of assistance to the new planning authority in preparing the unitary development plan for their area; or
  3. (c) the adoption or approval of a modified scheme is otherwise expedient or desirable.

(3) Any approval under sub-paragraph (2)—

  1. (a) may be given subject to such conditions as the Secretary of State drinks fit, including conditions as to the period within which the Modified scheme is to be prepared and a copy of it submitted to him;
  2. (b) may be accompanied by a direction modifying in such manner, and for such period, as the Secretary of State thinks fit the duty of the new planning authority to prepare a unitary development plan under Chapter I of Part II of the planning Act

(4)Where the Secretary of State gives a direction under sub-paragraph (3) (b). Chapter I of Part II of the planning Act shall have effect in relation to the new planning authority subject to that direction.

(5)Where a planning scheme for any area in Wales had previously been prepared but not adopted or approved under Chapter II of Part II of the planning Act, the Secretary of State may, on an application made to him by a relevant authority, give permission to prepare a modified scheme for the affected area.

(6)The Secretary of State shall, whenever he gives any approval under sub-paragraph (2) or permission under sub-paragraph (5), direct that such of—

  1. (a)the provisions of Chapter II of Part II of the planning Act, and
  2. (b)any regulations made under any provision of that Chapter.

(7) The provisions applied by a direction under sub-paragraph (6)—

  1. (a) may include any requirement with respect to a modified scheme (or its preparation) corresponding to one already satisfied with respect to the planning scheme;
  2. (b) may be applied subject to such modifications as may be specified in the direction; and
  3. (c) may be applied for such limited period (if any) as may be specified in the direction.

(8) For the purposes of this paragraph— planning scheme" means a required plan, alteration proposals or structure plan alteration proposals; and modified scheme", in relation to a planning scheme—

  1. (a) which is a required plan, means a modified plan,
  2. (b) which consists of alteration proposals, means modified proposals,
  3. (c) which consists of structure plan alteration proposals, means modified structure plan proposals.'.

96 Page 69, line 41, after 'approval' insert 'or permission'.

97 Page 69, line 41, at end insert' or (5)'.

98 Page 69, leave out line 42.

99 Page 69, line 44, after 'proposals' insert 'or modified structure plan proposals'.

100 Page 69, line 44, leave out from 'him' to 'or' in line 48.

101 Page 70, line 10, leave out '12(2) or 16(2)'

102 Page 70, line 11, leave out from 'proposals' to 'within' in line 12.

103 Page 72, line 48, leave out from 'if,' to end of line 52 and insert 'after paragraph (b). there were inserted— or or

(c) copies of the unitary development plan for the area in which the land is situated have been nude available under section 13(2).".'.

104 Page 73, line 20, after 'and' insert 'until copies of the unitary development plan for the area in which the land is situated have been made available under section 13(2),'.

105 Page 73, line 30, leave out from 'if to 'in' in line 36.

106 Page 74, line 12, after 'alteration' insert 'or replacement'.

Lord Rodger of Earlferry

My Lords, I beg to move that me House do agree with the Commons in their Amendments Nos. 77 to 106 en bloc. I have already spoken to the amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 77 to 106. —(Lord Rodger of Earlsferry.)

On Question, Motion agreed to.