Amendment summary
Baroness McIntosh of Pickering moved Motion G1, as an amendment to Motion G, at end insert “, and do propose Amendments 94B and 94C in lieu—
94B After Clause 63 insert the following new Clause—
“Protection for existing businesses and facilities from unreasonable restrictions resulting from new developments
After section 70D of the Town and Country Planning Act 1990, insert the following new section—
“70E Protection for existing businesses and facilities from unreasonable restrictions resulting from new developments
(1) A development that is the subject of an application for planning permission is an “impact-sensitive development” if residents or occupiers of the development are likely to be affected by significant impact from existing activity in the vicinity of the development.
(2) Without prejudice to the generality of section 70(1), a planning authority—
(a) must, when considering under section 70 whether to grant planning permission for an impact-sensitive development subject to conditions, take particular account of whether the development
includes sufficient measures to mitigate, minimise or manage the effect of the anticipated impact of existing activities on the development from any existing cultural venues or facilities (including in particular, but not limited to, live music venues), or dwellings or businesses in the vicinity of the development, and
(b) may not, as a condition of granting planning permission for an impact-sensitive development, impose on existing cultural venues or facilities additional costs relating to design measures to mitigate, minimise or manage the effects of that impact.””
94C Clause 92, page 88, line 21, at end insert—
“(z1) section (Protection for existing businesses and facilities from unreasonable restrictions resulting from new developments) (protection for existing businesses and facilities from unreasonable restrictions resulting from new developments);””