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Planning Bill

moved Amendments Nos. 389A to 389B: 389A: After Clause 145, insert the following new Clause— ““Liability under existing regimes An order granting development consent may not include provision the effect of which is to exclude or modify the application of— (a) any provision of the Nuclear Installations Act 1965; (b) section 28 of, and Schedule 2 to, the Reservoirs Act 1975 (liability for damage and injury due to escape of water from a reservoir constructed after 1930); (c) section 209 of the Water Industry Act 1991 (civil liability of water undertakers for escapes of water from pipes); (d) section 48A of the Water Resources Act 1991 (civil remedies for loss or damage due to water abstraction).”” 389B: After Clause 145, insert the following new Clause— ““Compensation in case where no right to claim in nuisance (1) This section applies if, by virtue of section (Nuisance: statutory authority) or an order granting development consent, there is a defence of statutory authority in civil or criminal proceedings for nuisance in respect of any authorised works. (2) ““Authorised works”” are— (a) development for which consent is granted by an order granting development consent; (b) anything else authorised by an order granting development consent. (3) A person by whom or on whose behalf any authorised works are carried out must pay compensation to any person whose land is injuriously affected by the carrying out of the works. (4) A dispute as to whether compensation under subsection (3) is payable, or as to the amount of the compensation, must be referred to the Lands Tribunal. (5) Subsection (2) of section 10 of the Compulsory Purchase Act 1965 (limitation on compensation) applies to subsection (3) of this section as it applies to that section. (6) Any rule or principle applied to the construction of section 10 of that Act must be applied to the construction of subsection (3) of this section (with any necessary modifications). (7) Part 1 of the Land Compensation Act 1973 (compensation for depreciation of land value by physical factors caused by use of public works) applies in relation to authorised works as if— (a) references in that Part to any public works were to any authorised works; (b) references in that Part to the responsible authority were to the person for whose benefit the order granting development consent has effect for the time being; (c) sections 1(6) and 17 were omitted. (8) An order granting development consent may not include provision the effect of which is to remove or modify the application of any of subsections (1) to (7).”” On Question, amendments agreed to. Clause 146 agreed to. Schedule 6 [Changes to, and revocation of, orders granting development consent]: [Amendment No. 390 not moved.]