Growth and Infrastructure Bill — Commons Reasons — 22 Apr 2013 at 19:10

Lords Amendment 7: After Clause 4 insert the following new Clause-

"Development orders: development within the curtilage of a dwelling house

(1) Section 61 of the Town and Country Planning Act 1990 (development orders: supplementary provisions) is amended as follows.

(2) After subsection (3) insert-

"(4) Any development order or amendment to an existing development order made after 1 January 2013 that grants planning permission for development within the curtilage of a dwelling house shall not apply within the jurisdiction of a local planning authority if that authority has resolved that it shall not.""

Commons disagreement and reason

The Commons disagree to Lords Amendment No. 7 for the following Reason-

7A: Because it is not appropriate to give local authorities further powers to disapply planning permission granted by a development order.

Motion A

Moved by Baroness Hanham

That this House do not insist on its Amendment 7, to which the Commons have disagreed for their Reason 7A, but do propose the following amendments in lieu-

7B: Page 5, line 29, at end insert-

"(2B) Without prejudice to the generality of subsection (1), a development order may include provision for ensuring-

(a) that, before a person in reliance on planning permission granted by the order carries out development of land in England that is a dwelling house or is within the curtilage of a dwelling house-

(i) a written description, and a plan, of the proposed development are given to the local planning authority,

(ii) notice of the proposed development, and of the period during which representations about it may be made to the local planning authority, is served by the local planning authority on the owner or occupier of any adjoining premises, and

(iii) that period has ended, and

(b) that, where within that period an owner or occupier of any adjoining premises objects to the proposed development, it may be carried out in reliance on the permission only if the local planning authority consider that it would not have an unacceptable impact on the amenity of adjoining premises.

(2C) In subsection (2B) "adjoining premises" includes any land adjoining-

(c) the dwelling house concerned, or

(d) the boundary of its curtilage.""

7C: Page 5, line 31, leave out ""or (2A)"" and insert "", (2A) or (2B)""

Debate in Parliament | Source |