Clause 29
Planning Bill
4:15 pm
Jim Fitzpatrick (Parliamentary Under-Secretary, Department for Transport; Poplar and Canning Town, Labour)
Clause 29, together with clause 27, ensures that projects which require consent under the new single consent regime are not in addition required to obtain consents under other regulatory regimes. Subsection (1) states:
“To the extent that development consent is required for development”
it is not necessary to also obtain any of the consents listed in paragraphs (a) to (k). The amendments are needed to ensure that the devolution settlement with regard to Wales is maintained. Currently, a project that involves work on a heritage asset in Wales needs to obtain listed building consent, conservation area consent or scheduled monument consent from Welsh Ministers. Amendments Nos. 341, 343 and 344 amend the clause to ensure that a consent granted under the single consents regime will not override the need to obtain listed building consent, conservation area consent or scheduled monument consent from Welsh Ministers if such consent is currently needed.
For developments in England, there will be no such requirement to seek heritage consent as the order granting development consent will cover the issue. Amendment No. 343 also inserts a new paragraph that removes the need for notice under section 35 of the Ancient Monuments and Archaeological Areas Act 1979 to be given in cases in England where development consent is required. Amendments Nos. 353, 354 and 355 make consequential changes to the 1979 Act to exclude matters that have received development consent under the Bill from the possibility of committing an offence under that Act. I commend the amendments to the Committee.