Member

68: After Clause 51, insert the following new Clause— “Provision of advice by Natural England to public authorities(1) The Natural Environment and Rural Communities Act 2006 is amended as set out in subsections (2) and (3).(2) In section 4 (advice)—(a) after subsection (1) insert—“(1A) Natural England is not required by subsection (1) to give advice in response to a request to which subsection (1B) applies that is made by a public authority other than a Minister of the Crown.(1B) This subsection applies to a request for advice relating to—(a) a specific development that requires, but has not been granted, planning permission under section 57 of the Town and Country Planning Act 1990 (“the 1990 Act”),(b) an application for any consent, agreement or approval required by a condition imposed on a grant of planning permission required under that section,(c) permission in principle for a specific development under section 58A of the 1990 Act, and(d) the approval of a reserved matter within the meaning of section 92 of the 1990 Act.(1C) Natural England may give advice in response to a request to which it is not required to respond as a result of subsection (1A).”;(b) in subsection (2), after “(1)” insert “or (1C)”.(3) After section 4 insert— “4A Supplementary provision(1) Natural England must prepare and publish a statement setting out how it intends to deal with requests for advice which it is not required to give as a result of section 4(1A).(2) Natural England must review the statement before the end of—(a) the period of five years beginning with the day on which it is first published, and(b) each successive period of five years.(3) Natural England may review the statement more than once during any of those periods.(4) Natural England may revise the statement following a review.(5) Natural England must publish any revised statement.(6) Before publishing a statement (including a revised statement) under this section, Natural England must—(a) consult the Secretary of State, and(b) make any changes to the statement that the Secretary of State may require in response.(7) But the duty in subsection (6) does not apply in relation to the publication of a revised statement which, in the opinion of Natural England, contains no substantial revisions.(8) The Secretary of State may require a change as mentioned in subsection (6)(b) only if the Secretary of State considers that the change would promote Natural England’s general purpose.”(4) The duties imposed by section 4A(6) of the Natural Environment and Rural Communities Act 2006, as inserted by subsection (3), may be satisfied by consultation carried out, and changes made, before this section comes into force.”Member's explanatory statement This new clause would permit Natural England not to respond certain to requests for advice under section 4(1) of the Natural Environment and Rural Communities Act 2006, and require it to publish a statement about how it intends to deal with requests to which it would no longer be required to respond.