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Infrastructure Planning (Model Provisions) (England and Wales) Order 2009

Volume 716: debated on Tuesday 5 January 2010

Questions

Asked by

To ask Her Majesty's Government to what extent legislative provisions can be modified under article 6 of Schedule 1 to the Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 (SI 2009/2265); and whether any such modifications will have to be agreed with the Secretary of State. [HL622]

The Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 sets out model provisions that might be incorporated in an order granting development consent. The extent to which statutory provisions can be modified (in respect of a particular project) relates to whether it is necessary for the purposes of granting development consent.

Where the Infrastructure Planning Commission proposes to modify statutory provision, Section 121 of the Planning Act 2008 requires it to send a draft of the order granting development to the Secretary of State who may direct changes to be made where it contravenes Community law or any of the convention rights.

Asked by

To ask Her Majesty's Government whether a notice to treat under articles 26(2) and (3) of Schedule 1 to the Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 (SI 2009/2265) has to be served on the owner in person; and, if not, whether there will be any right to claim an extension to the 21 days in the event that the owner is incapable of responding because of illness or absence. [HL623]

To ask Her Majesty's Government with reference to articles 26(2) and (3) of Schedule 1 to the Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 (SI 2009/2265), whether there is any circumstance in which the period of 21 days may be extended to take account of the owner's personal circumstances. [HL624]

The notice to treat does not have to be served on the owner in person. There is no right to claim an extension in the event of illness or absence. Articles 26(2) and (3) of Schedule 1 do not contain provisions which enable the period of 21 days to be extended to take account of an owner's personal circumstances.

Asked by

To ask Her Majesty's Government with reference to Schedule 4 to the Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 (SI 2009/2265), which body or bodies will be responsible for monitoring the controls and construction particulars submitted to and approved by the Infrastructure Planning Commission. [HL627]

The “relevant local planning authority” (defined in Section 173 of the Planning Act 2009) is responsible for enforcing the terms of an order granting development consent and this includes enforcing any requirements.

Asked by

To ask Her Majesty's Government why interested parties will have 56 days to recover human remains under article 23(5) of Schedule 2 to the Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 (SI 2009/2265) but 21 days to serve a counter notice objecting to the sale of land subject to a notice to treat under article 32(2) and (3) of that schedule. [HL749]

These provisions are consistent with existing legislation. Article 23 of Schedule 2 is intended to ensure that the personal representative or relative of any deceased person, whose human remains are identifiable and might be disturbed by the proposed works, are made aware of the forthcoming development and can make arrangements for their removal.

Article 32 of that schedule relates to the material detriment of land affected by a notice to treat, such that the owner can serve on the undertaker a counter-notice that seeks to have the owner's whole interest in the land made subject to the proposed purchase. This is intended to address circumstances where a purchase subject to the original notice to treat would leave any remaining land held by the owner effectively unusable.