I rise to speak to the final group of clauses and amendments. Clause 94 simply sets out the Crown application of Bill measures.
Government amendments 101 and 102 make minor technical changes to reflect the fact that the amendments to the Wildlife and Countryside Act 1981 and the Protection of Badgers Act 1992 in schedule 6 extend only to England and Wales, because there are different versions of those Acts for England and Wales and for Scotland. I hope that the Committee accepts the amendments.
Clause 95 sets out the territorial extent of the provisions in the Bill and whether each part of the Bill extends to England and Wales, Scotland and Northern Ireland. The devolution position has been debated in relation to each part during the discussion of that part.
Government amendments 68 to 71 make minor consequential changes related to new clauses 44 and 45. To summarise, new clause 44 removes statutory consultation from pre-application, and new clause 45 makes subsequent changes to sections of the Planning Act 2008 and clauses as introduced by the Bill to reflect the changes made in new clause 44, and to remove reference to statutory requirements for consultation and associated documentation. The original clauses were to come into force six months after Royal Assent. These Government amendments now mean that new clauses 44 and 45 will come into force on such day as the Secretary of State may by regulations appoint.
In my written ministerial statement accompanying the tabling of the amendments, I made it clear that the Government intend to publish statutory guidance setting out strong expectations that developers undertake consultation and engagement prior to submitting an application. As we have discussed, this will be an important component of how we implement the removal of statutory consultation requirements for NSIP projects.
We will work with stakeholders to design the guidance and will launch a public consultation to seek input on how the guidance, regulations and transitional arrangements should be implemented. We are also aware that consequential changes to secondary legislation need to occur, so that associated legislation aligns with those changes. Therefore, the changes to the commencement of new clauses 44 and 45 allow the Government to adhere to commitments, ensure that guidance is in place to support changes and make the necessary changes to associated secondary legislation before the removal of statutory consultation requirements takes effect.
Government amendment 55 relates to new clause 42 and the amendments that the Government are introducing to improve the process for accessing land when needing to survey it in connection with an application or proposed application for development consent, or the implementation of a development consent order. Under new clause 42, the Government will later be introducing regulations associated with the notices that will need to be served on landowners before an applicant, or proposed applicant, enters the land in question. Government amendment 55 will ensure that the amendments under new clause 42 will come into force only when the Secretary of State introduces regulations associated with that new clause.
Government amendment 56 is a consequential change related to new clause 43. The merits of new clause 43 have already been debated. A proportionate and unified process for making changes to development consent orders post consent will be developed following appropriate consultation and engagement with consenting Departments and stakeholders and set out in revised regulations. Transitional provisions will be included in the revised regulations to ensure an efficient transition to the new system. The amendment will permit the clause introduced by new clause 43 to be introduced by regulations at the appropriate time.
Clause 96 sets out how different provisions in the Bill will be commenced, and clause 97 reaffirms that the short title of the Act will be the Planning and Infrastructure Act 2025. I commend the clauses and amendments to the Committee.
Question put and agreed to.
Clause 94 accordingly ordered to stand part of the Bill.
Clause 95
Extent
Amendments made: 101, in clause 95, page 134, line 11, at beginning insert “Subject to subsection (1A),”.
This amendment, and Amendments 102, 103, 104, 105, 106, 107 and 108, are technical amendments reflecting the fact that there are different versions of the Wildlife and Countryside Act 1981 and the Protection of Badgers Act 1992 for England and Wales and for Scotland, and making it clear that the amendments to those Acts in Schedule 6 only extend to England and Wales.
Amendment 102, in clause 95, page 134, line 12, at end insert—
“(1A) Paragraphs 37 and 41 of Schedule 6 extend to England and Wales only.”—(Matthew Pennycook.)
See the explanatory statement for Amendment 101.
Clause 95, as amended, ordered to stand part of the Bill.
Clause 96
Commencement and transition provision
Amendments made: 68, in clause 96, page 134, line 28, leave out “1, 2 and 3” and insert “1 to 4”.
This amendment has the effect that the changes made by the new clauses inserted by NC44 and NC45, and current clauses 4 and 6 of the Bill, are to come into force by regulations.
Amendment 69, in clause 96, page 134, line 30, leave out paragraph (b).
This amendment is consequential on Amendment 68.
Amendment 70, in clause 96, page 134, line 32, leave out paragraph (c).
This amendment is consequential on Amendment 60.
Amendment 71, in clause 96, page 134, line 34, leave out paragraph (d).
This amendment is consequential on Amendment 68.
Amendment 55, in clause 96, page 135, line 2, at end insert—
“(ea) section (Planning Act 2008: right to enter and survey land) comes into force on such day as the Secretary of State may by regulations appoint;”.
This amendment provides that the new clause inserted by NC42 comes into force by regulations.
Amendment 56, in clause 96, page 135, line 3, leave out “section 8 comes” and insert—
“sections (Changes to, and revocation of, development consent orders) and 8 come”.—(Matthew Pennycook.)
This amendment provides that the new clause inserted by NC43 comes into force by regulations.
Clause 96, as amended, ordered to stand part of the Bill.
Clause 97 ordered to stand part of the Bill.
Question proposed, That the Chair do report the Bill, as amended, to the House.