moved Amendment No. 5:"Page 4, line 34, leave out ““specified case”” and insert ““case specified by an order of the Secretary of State subject to annulment in pursuance of a resolution of either House of Parliament””"
The noble Baroness said: My Lords, at the previous stage I asked the Minister whether he could explain the words ““in a specified case””, in Clause 5(4)(b), which provides that when the ODA is appointed as the local planning authority, the Mayor of London may direct it to refuse an application for planning permission in a specified case. The Minister referred to reserving the Mayor’s right,"““to refuse applications in specified cases””,"
using the same terminology,"““and those specified cases relate to the special””—"
that may be Hansard over-egging it—"““spatial development strategy””.—[Official Report, 31/1/06; col. GC 108.]"
It is certainly special because there is only one. I queried that because it seemed to me that it did not need to be said. The spatial development strategy, otherwise known more easily as the London Plan, has a particular status, in any event. The Minister went on to say that the Mayor retains that power—the power that he already has. As far as I understood, he did not explain the word ““specified””.
I have tabled this amendment which amplifies the expression by referring to it as a ““case specified by an order”” subject to the negative resolution procedure so that we could have a more detailed explanation of the position. I am not sure whether what this refers to is heralding a new development order or whether it is the same as, or different from, the current position under an order made under the GLA Act giving the Mayor the right to direct a local planning authority to refuse an application in certain cases. In the GLA Act, the term is not specified; the term is ““prescribe””, which is perhaps rather more familiar to your Lordships. As my noble friend said on the previous amendment, we seek clarification and I hope that the Minister can help me understand better what leads to specification as provided by Clause 5. I beg to move.
London Olympic Games and Paralympic Games Bill
Proceeding contribution from
Baroness Hamwee
(Liberal Democrat)
in the House of Lords on Monday, 6 March 2006.
It occurred during Debate on bills on London Olympic Games and Paralympic Games Bill.
About this proceeding contribution
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