Clause 10

Part of Crossrail Bill – in a Public Bill Committee at 10:15 am on 22 November 2007.

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Photo of Stephen Hammond Stephen Hammond Shadow Minister (Transport) 10:15, 22 November 2007

I beg to move amendment No. 11, in clause 10, page 7, line 7, at end insert—

‘(c) the development falls within the limits of deviation for the scheduled works.’.

The Minister has often said that I might anticipate what he is about to say, but he might equally anticipate what I am about to say. Clauses 10 to 15 deal with the planning issues that affect Crossrail. The general presumption is that planning permission will be granted unless there are exceptional circumstances.

Clause 10 provides for the deemed planning permission to exist under part III of the Town and Country Planning Act 1990. Subsection (1) provides that planning permission be granted for the development except where limited by subsection (2). The amendment would put a further restriction on the process. At line 7, it would insert new paragraph (c), which states that

“the development falls within the limits of deviation for the scheduled works.”

The effect of subsections (1) and (2) is that any land stated for the use of the Crossrail development will be deemed to have planning permission. Why should it be any land? The amendment would impose a reasonable restriction on the Secretary of State or the nominated undertaker.

As I have said before, there is a deemed route and a schedule of works. There are agreed limitations of deviation to that route. As with previous amendments, I contend that the limits of deviation are a fair restriction on those powers. By adding that the development must fall within those limits of deviation, the amendment would have the effect of deeming planning permission for developments on the deemed route and land outside the route that is within the deemed limits of deviation, but not on land beyond that. In my opinion, that is fair.

As the Minister will remember, we have gone through the arguments as to why there ought to be some restriction on the powers, while still giving flexibility. I think that the amendment satisfies both those tests. I trust that he will find it reasonable and fair.