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129 | Page 63, line 2, leave out paragraph (b) |
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130 | Page 63, line 3, at end insert— |
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| “(za) | the meaning in subsection (2)(b)(iii) of “voluntary or community |
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| |
| (zb) | the conditions that have to be met for a person to have a local |
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| connection for the purposes of subsection (2)(b)(iii);” |
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131 | Page 63, line 38, at end insert— |
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| | “but where it appears to the authority that it is not reasonably practicable |
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| to give a notice under this subsection to a person to whom it is required to |
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| be given, the authority must instead take reasonable alternative steps for |
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| the purpose of bringing the notice to the person’s attention.” |
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132 | Page 64, line 4, leave out subsection (5) |
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133 | Page 65, line 9, after “land” insert “— |
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| (a) | may (but need not) be removed from the list by the authority after |
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| it has been in the list for 5 years, and |
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| (b) | while it is in the list,” |
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134 | Page 65, line 12, leave out subsection (4) |
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135 | Page 65, line 35, leave out subsection (2) |
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136 | Page 66, line 11, at beginning insert “A person who is” |
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137 | Page 66, line 14, leave out “the owner” and insert “that particular person” |
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138 | Page 66, line 14, leave out “the owner’s” and insert “that person’s” |
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139 | Page 66, line 17, leave out “or the owner” |
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140 | Page 66, line 23, after “land” insert “— |
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| (a) | if the disposal is by way of gift (including a gift to trustees of any |
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| trusts by way of settlement upon the trusts), |
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| (b) | if the disposal is by personal representatives of a deceased person |
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| in satisfaction of an entitlement under the will, or on the intestacy, |
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| |
| (c) | if the disposal is by personal representatives of a deceased person |
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| in order to raise money to— |
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| (i) | pay debts of the deceased person, |
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| |
| (iii) | pay costs of administering the deceased person’s estate, or |
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| (iv) | pay pecuniary legacies or satisfy some other entitlement |
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| under the will, or on the intestacy, of the deceased person, |
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| |
| | |
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| (d) | if the person, or one of the persons, making the disposal is a |
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| member of the family of the person, or one of the persons, to whom |
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| |
| (e) | if the disposal is a part-listed disposal of a description specified in |
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| regulations made by the appropriate national authority, and for this |
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| purpose “part-listed disposal” means a disposal of an estate in |
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| |
| (i) | part of which is land included in a local authority’s list of |
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| assets of community value, and |
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| (ii) | part of which is land not included in any local authority’s |
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| list of assets of community value, |
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| (f) | if the disposal is of an estate in land on which a business is carried |
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| on and is at the same time, and to the same person, as a disposal of |
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| that business as a going concern, |
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| (g) | if the disposal is occasioned by a person ceasing to be, or becoming, |
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| |
| (h) | if the disposal is by trustees of any trusts— |
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| (i) | in satisfaction of an entitlement under the trusts, or |
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| (ii) | in exercise of a power conferred by the trusts to re-settle |
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| trust property on other trusts, |
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| (i) | if the disposal is occasioned by a person ceasing to be, or becoming, |
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| a partner in a partnership, or |
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| |
141 | Page 66, line 29, leave out “prescribed period” and insert “six months” |
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142 | Page 66, line 32, leave out “prescribed period” and insert “six weeks” |
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143 | Page 66, line 36, leave out “prescribed period” and insert “eighteen months” |
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144 | Page 66, line 37, at end insert— |
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| “(6A) | For the purposes of subsection (5)(d), a person (“M”) is a member of the |
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| family of another person if M is— |
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| (a) | that other person’s spouse or civil partner, or |
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| (b) | a lineal descendant of a grandparent of that other person. |
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| (6B) | For the purposes of subsection (6A)(b) a relationship by marriage or civil |
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| partnership is to be treated as a relationship by blood.” |
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145 | Page 66, line 38, leave out subsection (7) |
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146 | Page 67, line 7, leave out “, assignment or surrender” and insert “or assignment” |
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147 | Page 67, line 8, leave out “, assignment or surrender” and insert “or assignment” |
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148 | Insert the following new Clause— |
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| “Informing owner of request to be treated as bidder |
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| (1) | Subsection (2) applies if— |
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| |
| | |
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| (a) | after a local authority has received notice under section 82(2) in |
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| respect of land included in the authority’s list of assets of |
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| |
| (b) | before the end of the interim moratorium period that applies under |
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| section 82 as a result of the notice, |
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| | the authority receives from a community interest group a written request |
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| (however expressed) for the group to be treated as a potential bidder in |
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| |
| (2) | The authority must, as soon after receiving the request as is practicable, |
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| either pass on the request to the owner of the land or inform the owner of |
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| the details of the request. |
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| (3) | In this section “community interest group” means a person who is a |
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| community interest group for the purposes of section 82(3) as a result of |
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| regulations made under section 82(6) by the appropriate authority.” |
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|
|
149 | Page 68, line 9, at end insert— |
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| “(vii) | appeals against decisions made under the regulations.” |
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|
150 | Insert the following new Clause— |
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| |
| If different parts of any land are in different local authority areas, the local |
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| authorities concerned must co-operate with each other in carrying out |
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| functions under this Chapter in relation to the land or any part of it.” |
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|
151 | Page 71, line 32, after “sections” insert “70(5),” |
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152 | Page 71, line 32, after “82(1)” insert “and (2)” |
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153 | Page 71, line 33, leave out “(effect” and insert “(interpretation and effect” |
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154 | Page 71, line 40, leave out subsections (3) and (4) and insert— |
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| “(3) | The Secretary of State may by order revoke the whole or any part of a |
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| regional strategy under Part 5 of that Act. |
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| (3A) | An order under subsection (3) may, in particular, revoke all of the regional |
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| strategies (or all of the remaining regional strategies) under Part 5 of that |
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| |
| (3B) | The Secretary of State may by order revoke the whole or any part of a |
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| direction under paragraph 1(3) of Schedule 8 to the Planning and |
|
| Compulsory Purchase Act 2004 (directions preserving development plan |
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| policies) if and so far as it relates to a policy contained in a structure plan. |
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| (3C) | An order under subsection (3B) may, in particular, revoke all directions (or |
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| all remaining directions) under paragraph 1(3) of that Schedule so far as |
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| they relate to policies contained in structure plans.” |
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| |
| | |
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155 | Page 73, line 38, leave out “(1)(b)” and insert “(1)(c)” |
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|
156 | Page 75, line 19, at end insert— |
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| “(7AA) | Subsection (7B) applies where the person appointed to carry out the |
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| |
| (a) | does not consider that, in all the circumstances, it would be |
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| reasonable to conclude that the document satisfies the |
|
| requirements mentioned in subsection (5)(a) and is sound, |
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| |
| (b) | does consider that, in all the circumstances, it would be |
|
| reasonable to conclude that the local planning authority |
|
| complied with any duty imposed on the authority by |
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| section 33A in relation to the document’s preparation.” |
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|
157 | Page 79, line 15, leave out from “section” to end of line 20 and insert “205(2) |
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| (requirement to aim to ensure that overall purpose of the levy is to ensure that |
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| costs of providing infrastructure to support development of an area can be funded |
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| by owners or developers of land)— |
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| (a) | for “providing infrastructure to support” substitute “supporting”, |
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| |
| (b) | after “land” insert “in a way that does not make development of the |
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| area economically unviable”. |
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| (2A) | In the Table in section 205(3) (which describes the provisions of the Part) for |
|
| “Section 216” substitute “Sections 216 to 216B”. |
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| (2B) | In section 211(4) (particular provision that may be included in regulations |
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| about setting rates, or other criteria, by reference to which the amount of |
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| levy chargeable is to be determined) after paragraph (a) insert— |
|
| “(aa) | to have regard, to the extent and in the manner specified by |
|
| the regulations, to actual and expected costs of anything |
|
| other than infrastructure that is concerned with addressing |
|
| demands that development places on an area (whether by |
|
| reference to lists prepared by virtue of section 216(5)(a) or |
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| |
| (ab) | to have regard, to the extent and in the manner specified by |
|
| the regulations, to other actual and expected sources of |
|
| funding for anything other than infrastructure that is |
|
| concerned with addressing demands that development |
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| |
158 | Page 79, line 21, at end insert— |
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| “(za) | in subsection (1) (levy to be used to fund infrastructure, or pay |
|
| compensation under section 219)— |
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| (i) | for “section” substitute “sections 216A(1), 216B(2) and”, and |
|
| (ii) | for “funding infrastructure” substitute “supporting |
|
| development by funding the provision, improvement, |
|
| replacement, operation or maintenance of infrastructure”, |
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|
|
| |
| | |
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| (zb) | in subsection (2) (meaning of “infrastructure” in subsection (1)) for |
|
| “subsection (1)” substitute “this section (except subsection (3)) and |
|
| sections 216A(2) and 216B(2)”, |
|
| (zc) | in subsection (4)(a) (power to specify facilities that are to be, or not |
|
| to be, funded) for “that are to be, or not to” substitute “whose |
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| provision, improvement or replacement may or is to be, or may |
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| |
159 | Page 79, line 24, leave out “, operational and promotional activities” and insert |
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| “activities and operational activities (including operational activities of a |
|
| promotional kind) in connection with infrastructure” |
|
160 | Page 79, line 26, leave out “and” and insert— |
|
| “(ab) | things within section 216A(2)(b) that may or are to |
|
| be, or may not be, funded by CIL passed to a person |
|
| in discharge of a duty under section 216A(1), |
|
| (ac) | things within section 216B(2)(b) that may or are to |
|
| be, or may not be, funded by CIL to which provision |
|
| under section 216B(2) relates,”, |
|
| (aa) | in subsection (4)(b) (power to specify criteria for determining areas |
|
| in relation to which infrastructure may be funded) for “in relation |
|
| to which infrastructure may be funded” substitute “that may |
|
| |
| (ab) | in subsection (5)(a) (power to require authorities to list projects that |
|
| are to be, or may be, funded) for “projects that are” substitute “what |
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| |
| (ac) | in subsection (5)(c) (power to make provision about funding |
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| projects not on list) for “projects” substitute “anything”,” |
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161 | Page 79, line 28, leave out from “projects)” to end of line 29 and insert “for “on |
|
| future projects” substitute “in the future”, |
|
| (c) | in subsection (6)(c) (regulations may permit funding of |
|
| administrative expenses in connection with infrastructure) after |
|
| “infrastructure” insert “or anything within section 216A(2)(b) or |
|
| |
| (d) | in subsection (6)(e) (regulations may make provision for the use of |
|
| funding where the projects to be funded no longer require |
|
| |
| (i) | for “the projects” substitute “anything”, and |
|
| (ii) | for “require” substitute “requires”.” |
|
162 | Page 79, line 36, leave out from “to” to end of line 39 and insert “support the |
|
| development of the area to which the duty relates, or of any part of that area, by |
|
| |
| (a) | the provision, improvement, replacement, operation or |
|
| maintenance of infrastructure, or |
|
| (b) | anything else that is concerned with addressing demands that |
|
| development places on an area.” |
|
163 | Page 80, line 20, leave out “infrastructure” and insert “anything” |
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164 | Page 80, line 26, leave out “infrastructure” and insert “anything” |
|
165 | Page 80, line 29, at end insert— |
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|