Clause 46 - Duration of permission and consent
Planning and Compulsory Purchase (Re-committed) Bill
6:00 pm
Mr Keith Hill (Minister of State (Housing and Planning), Office of the Deputy Prime Minister; Streatham, Labour)
I am delighted to detect a powerful spirit of consensus. There is a positive love-in between the Opposition parties, both of whose distinguished representatives are experts in the matters being discussed. I assure the hon. Member for Ludlow that, once liberated from these proceedings, much as I love them, I will engage in a powerful selling job with all partners: local authorities and developers.
Amendment agreed to.
Amendments made: No. 18, in
clause 46, page 34, line 22, after 'permission)' insert 'is amended as follows—
(a)'.
No. 19, in
clause 46, page 34, line 24, at end insert—
'(b) after subsection (3) there are inserted the following subsections—
''(3A) If a decision to grant planning permission or the deemed grant of planning permission is challenged by way of judicial review or under section 288 the period of three years or other period mentioned in subsection (1)(b) begins on the day the proceedings for judicial review or under section 288 (as the case may be) are concluded.
(3B) Proceedings by way of judicial review are concluded—
(a) when permission to apply for judicial review has been refused and no further application may be made;
(b) when the court has given judgment in the matter and the time for making an appeal expires without an appeal having been made or permission to appeal is refused;
(c) when any appeal is finally determined.
(3C) Proceedings under section 288 are concluded—
(a) when the court has given judgment in the matter and the time for making an appeal expires without an appeal having been made or permission to appeal is refused;
(b) when any appeal is finally determined.
(3D) For the purposes of subsections (3B) and (3C) any power of the court to grant permission for an appeal out of time must be ignored.
(3E) Nothing in this section prevents the development being begun from the time the permission is granted or deemed to be granted.''.'.
No. 20, in
clause 46, page 34, line 40, leave out first 'In'.
No. 21, in
clause 46, page 34, line 41, after 'consent)', insert 'is amended as follows—
(a)'.
No. 22, in
clause 46, page 34, line 42, at end insert—
'(b) after subsection (2) there are inserted the following subsections—
''(2A) If a decision to grant listed building consent is challenged by way of judicial review or under section 63 the period of three years or other period mentioned in subsection (1)(b) begins on the day the proceedings for judicial review or under section 63 (as the case may be) are concluded.
(2B) Proceedings by way of judicial review are concluded—
(a) when permission to apply for judicial review has been refused and no further application may be made;
(b) when the court has given judgment in the matter and the time for making an appeal expires without an appeal having been made or permission to appeal is refused;
(c) when any appeal is finally determined.
(2C) Proceedings under section 63 are concluded—
(a) when the court has given judgment in the matter and the time for making an appeal expires without an appeal having been made or permission to appeal is refused;
(b) when any appeal is finally determined.
(2D) For the purposes of subsections (2B) and (2C) any power of the court to grant permission for an appeal out of time must be ignored.
(2E) Nothing in this section prevents the works being begun from the time the consent is granted.''.'.—[Keith Hill.]
Clause 46, as amended, ordered to stand part of the Bill.