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Planning Bill

Yes; I shall repeat the point. In those circumstances, if there is evidence that a local planning authority has acted unreasonably in a non-determination case, the applicant could seek an award of costs as part of the appeal proceedings. As I say, I think the Planning Inspectorate will be on the qui vive for that, to maintain its own high standards. We are bringing forward government Amendment No. 434 in response to concerns expressed by the Delegated Powers and Regulatory Reform Committee on the scope of the power in new Section 303ZA in the Town and Country Planning Act 1990 to amend, repeal or revoke other legislation. As currently drafted, there is the power for regulations made under new Section 303ZA to amend, repeal or revoke any provision made by or under the TCPA or by or under any other Act. This amendment limits that power so that regulations can amend, repeal or revoke provisions under the TCPA or any other Act only in order to make provisions to the effect of paying, or failing to pay, an appeal fee or incidental supplementary consequential transitional or transitory provisions and savings. Amendment No. 434 therefore reflects the committee’s suggestion to restrict the scope of the power. I turn to government Amendment No. 435. Clause 196 contains a power for the Welsh Ministers to make provision by order to apply England-only provisions in Wales. The Welsh Ministers are aware of the Government’s decision to drop local member review bodies in England and do not wish to proceed with the proposal in Wales. Amendment No. 435 therefore removes the local member review body provisions from the list of those that could be applied to Wales by order.