§ Dr. HarrisTo ask the Secretary of State for the Environment, Transport and the Regions (1) what is his Department's policy towards permitted development rights on green belt land held by recently privatised companies, with particular reference to Railtrack; [58997]
(2) what is his Department's policy towards development in the green belt under permitted development rights. [59000]
§ Mr. RaynsfordPermitted development rights may be exercised in accordance with the various conditions and limitations set out in the Town and Country Planning (General Permitted Development) Order 1995. In exceptional circumstances, where there is a real and specific threat that permitted development is likely to take place which could damage an interest of acknowledged importance those rights can be withdrawn and the relevant development would then require a planning application. This would apply regardless of the type of developer. One reason for withdrawing permitted development rights might be that the purposes of Green Belt designation were threatened.
§ Dr. HarrisTo ask the Secretary of State for the Environment, Transport and the Regions what responsibilities for consultations Railtrack inherited from British Rail regarding use of permitted development rights. [58999]
§ Mr. RaynsfordBritish Rail had no specific responsibilities for consultations regarding the use of permitted development rights. However, guidance for non-statutory consultation with regard to the exercise of permitted development rights by statutory undertakers is set out in DOE Circular 9/95: General Development Order22W Consolidation 1995, and in DOE Circular 15/92: Publicity for Planning Applications. They make it clear that both the local planning authorities and the public should be informed of proposals for permitted development which are likely to affect them significantly, before the proposals are finalised.
§ Dr. HarrisTo ask the Secretary of State for the Environment, Transport and the Regions what representations he has received about Railtrack's proposals to build a ballast storage depot at Hinkley Sidings under permitted development rights. [58994]
§ Mr. RaynsfordAs of 5 November, the Government Office for the South East had received 30 representations from local people, including my right hon. Friend the Member for Oxford, East (Mr. Smith).
§ Dr. HarrisTo ask the Secretary of State for the Environment, Transport and the Regions what is his Department's policy towards the payment of compensation by a planning authority to private companies when their permitted development rights are blocked by use of an Article 4 direction upheld by his Department. [59001]
§ Mr. RaynsfordThe withdrawal of permitted development rights by a direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995 may give rise to the local planning authority being liable to pay compensation under sections 107 and 108 of the Town and Country Planning Act 1990. Any person interested in the land, or in any minerals in or under the land, may seek compensation for abortive expenditure, or other loss or damage directly attributable to the withdrawal of the permitted development rights. In order to claim compensation a planning application must have been made and permission refused, or granted subject to conditions other than those previously imposed by the Permitted Development Order.
§ Dr. HarrisTo ask the Secretary of State for the Environment, Transport and the Regions what responsibilities for environmental protection and what requirements to have regard for greenbelt policies were inherited by Railtrack from British Rail with regard to permitted development rights. [58998]
§ Mr. RaynsfordThere were no specific responsibilities of this kind. It is the responsibility of the local planning authority to decide whether to withdraw certain permitted development rights where permitted developments are likely to have significant effects on the environment. I would refer the hon. Member to my earlier answers to questions 58997 and 59000.
§ Dr. HarrisTo ask the Secretary of State for the Environment, Transport and the Regions when he expects to make a decision regarding the Article 4 direction from Oxfordshire County Council regarding the proposal to build a ballast depot at Hinkley Sidings. [58995]
§ Mr. RaynsfordA decision will he made as quickly as possible.
§ Dr. HarrisTo ask the Secretary of State for the Environment, Transport and the Regions when his Department received the Article 4 direction from Oxfordshire County Council relating to Hinkley sidings. [58996]
23W
§ Mr. RaynsfordThe request to confirm the Article 4 Direction was received from Oxfordshire County Council on 2 November.