moved Amendment No. 119:
119: Schedule 4, page 156, line 38, leave out ““applied for the order granting development consent”” and insert ““made the application””
The noble Lord said: My Lords, this group of amendments simply makes a number of drafting improvements to definitions of expressions used in the Bill and clauses setting out the Bill’s extent. I shall briefly address each amendment in turn.
Amendment No. 119 alters the meaning of the expression ““applicant”” for the purposes of Schedule 4, so that it covers any person who makes an application to which the decision relates.
Amendment No. 156 changes the definition of ““land”” in Clause 227, which applies for the purposes of Parts 1 to 10 and Part 12 of the Bill. The change is needed to make the definition consistent with clauses in Part 3 that provide for development offshore, including in the renewable energy zone.
The change to Schedule 12 made by Amendment No. 157 is consequential on the addition in Committee of gas transporter pipelines in England as a category of nationally significant infrastructure project. The amendment reflects the fact that a gas transporter pipeline does not count as a nationally significant infrastructure project to the extent that the pipeline is in Scotland, as Clause 20(6) and Clause 232(4) indicate.
Amendment No. 158 inserts a reference to Clause 20 in Clause 232(1), thereby reducing the extent of Clause 20 to England and Wales only.
Amendment No. 159 reduces the extent of Clauses 131, 145 and 146 to England and Wales only, so as to ensure consistency with provision made elsewhere in the Bill. Clauses 17, 145 and 146 indicate that Clauses 131, 145 and 146 do not apply to Scotland.
Amendment No. 160 also relates to the extent clause and simply corrects the drafting to reflect the fact that Clauses 197 and 198 are in fact in Part 10, not in Part 9.
Clause 233(1) provides that certain powers to make orders come into force on the day on which the Planning Bill is passed. An exception is made in the case of orders granting development consent. Amendment No. 161 confirms that the exception also extends to orders making changes to orders granting development consent.
Amendment No. 162 corrects an error in the commencement clause. A government amendment in Committee removed the reference in Schedule 13 to a repeal of a provision of the Planning Act 2008, but we omitted to remove the reference to this repeal in Clause 233(4)(d)(v) at the same stage. We are now putting right that omission. I beg to move.
On Question, amendment agreed to.
Clause 118 [What may be included in order granting development consent]:
Planning Bill
Proceeding contribution from
Lord Patel of Bradford
(Labour)
in the House of Lords on Monday, 10 November 2008.
It occurred during Debate on bills on Planning Bill.
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