---

Planning Bill

I wonder whether the Minister could help the House. Clause 109 contains a long list of what may be included in an order granting development consent. Presumably, those are the really important things, as they will be in the main order. The Minister has tabled new schedule 3 today, which relates to matters ancillary to development. One might assume that those matters were less important, because they are ancillary. In the original clause, there are 26 items, but in the new schedule, there are no fewer than 38. A quick scan of what is included in each of the provisions reveals that the items in the new schedule include carrying out civil engineering or other works, and entering into an agreement for the provision of police services. In addition, item 28 relates to:"““Deeming any such conditions to have been imposed by the Secretary of State under that section.””" Item 29 relates to:"““Deeming a licence under Part 2 of the Food and Environment Protection Act 1985…to have been issued””." Item 30 relates to:"““Deeming any such provisions to have been included in the licence by the specified licensing authority by virtue of that Act.””" I understand why items 31 to 34 were not included in the original provision, but it seems odd to have included them among the ancillary items, because they are important. They include: the creation of a harbour authority; changing the powers and duties of a harbour authority; the transfer of property, rights, liabilities, or functions; and the transfer, leasing, suspension, discontinuance and revival of undertakings. I think that the Minister said that the list in new schedule 3 was from the Transport and Works Act 1992. I cannot remember the exact wording of the Act. I would be grateful if he could tell us why the list of main items in clause 109 is less inclusive than the list of ancillary items.