12244.60-63

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Localism Bill

60

“216B
Use of CIL in an area to which section 216A(1) duty does not relate

(1)
Subsection (2) applies where—

(a)
there is an area to which a particular duty under section

216A(1) relates, and

(b)
there is also an area to which that duty does not relate (“the

uncovered area”).

(2)
CIL regulations may provide that the charging authority that

charges CIL received in respect of development of land in the

uncovered area may apply the CIL, or cause it to be applied, to—

(a)
support development by funding the provision,

improvement, replacement, operation or maintenance of

infrastructure, or

(b)
support development of the uncovered area, or of any part

of that area, by funding anything else that is concerned with

addressing demands that development places on an area.

(3)
Provision under subsection (2) may relate to the whole, or part only,

of the uncovered area.

(4)
Provision under subsection (2) may relate—

(a)
to all CIL (if any) received in respect of the area to which the

provision relates, or

(b)
such part of that CIL as is specified in, or determined under

or in accordance with, CIL regulations.””
Clause 108
166
Page 87, line 3, leave out “an” and insert “a pre-existing”
167
Page 87, line 5, at end insert—

“(2)
For the purposes of the operation of this section in relation to any

particular application for planning permission, a “pre-existing

enforcement notice” is an enforcement notice issued before the

application was received by the local planning authority.””
Clause 109
168
Page 89, line 17, leave out from beginning to “and” in line 19 and insert “apparent

breach, or any of the matters constituting the apparent breach, has (to any extent)

been deliberately concealed by any person or persons,”
169
Page 89, leave out lines 22 to 25
After Clause 109
170
Insert the following new Clause—

“Assurance as regards prosecution for person served with enforcement notice

In the Town and Country Planning Act 1990 after section 172 (issue and

service of enforcement notice) insert—

61

“172A
Assurance as regards prosecution for person served with notice

(1)
When, or at any time after, an enforcement notice is served on a

person, the local planning authority may give the person a letter—

(a)
explaining that, once the enforcement notice had been

issued, the authority was required to serve the notice on the

person,

(b)
giving the person one of the following assurances—

(i)
that, in the circumstances as they appear to the

authority, the person is not at risk of being

prosecuted under section 179 in connection with the

enforcement notice, or

(ii)
that, in the circumstances as they appear to the

authority, the person is not at risk of being

prosecuted under section 179 in connection with the

matters relating to the enforcement notice that are

specified in the letter,

(c)
explaining, where the person is given the assurance under

paragraph (b)(ii), the respects in which the person is at risk

of being prosecuted under section 179 in connection with

the enforcement notice, and

(d)
stating that, if the authority subsequently wishes to

withdraw the assurance in full or part, the authority will

first give the person a letter specifying a future time for the

withdrawal that will allow the person a reasonable

opportunity to take any steps necessary to avoid any risk of

prosecution that is to cease to be covered by the assurance.

(2)
At any time after a person has under subsection (1) been given a

letter containing an assurance, the local planning authority may

give the person a letter withdrawing the assurance (so far as not

previously withdrawn) in full or part from a time specified in the

letter.

(3)
The time specified in a letter given under subsection (2) to a person

must be such as will give the person a reasonable opportunity to

take any steps necessary to avoid any risk of prosecution that is to

cease to be covered by the assurance.

(4)
Withdrawal under subsection (2) of an assurance given under

subsection (1) does not withdraw the assurance so far as relating to

prosecution on account of there being a time before the withdrawal

when steps had not been taken or an activity had not ceased.

(5)
An assurance given under subsection (1) (so far as not withdrawn

under subsection (2)) is binding on any person with power to

prosecute an offence under section 179.””
Clause 111
171
Page 91, line 30, after “(5)” insert “and the right of appeal under section 225AA”
172
Page 91, line 35, leave out “made”
173
Page 92, line 19, leave out “within the period” and insert “by the time”
174
Page 93, line 16, at end insert—

62

“225AA
Appeal against notice under section 225A

(1)
A person on whom a removal notice has been served in accordance

with section 225A(3) or (5)(b) may appeal to a magistrates’ court on

any of the following grounds—

(a)
that the display structure concerned is not used for the

display of advertisements in contravention of regulations

under section 220;

(b)
that there has been some informality, defect or error in, or in

connection with, the notice;

(c)
that the period between the date of the notice and the time

specified in the notice is not reasonably sufficient for the

removal of the display structure;

(d)
that the notice should have been served on another person.

(2)
For the purposes of subsection (3), a person is a “permitted

appellant” in relation to a removal notice if—

(a)
the removal notice has been fixed or exhibited in accordance

with section 225A(5)(a);

(b)
the person is an owner or occupier of the land on which the

display structure concerned is situated; and

(c)
no copy of the removal notice has been served on the person

in accordance with section 225A(5)(b).

(3)
A person who is a permitted appellant in relation to a removal

notice may appeal to a magistrates’ court on any of the following

grounds—

(a)
that the display structure concerned is not used for the

display of advertisements in contravention of regulations

under section 220;

(b)
that there has been some informality, defect or error in, or in

connection with, the notice;

(c)
that the period between the date of the notice and the time

specified in the notice is not reasonably sufficient for the

removal of the display structure.

(4)
So far as an appeal under this section is based on the ground

mentioned in subsection (1)(b) or (3)(b), the court must dismiss the

appeal if it is satisfied that the informality, defect or error was not a

material one.

(5)
If an appeal under subsection (1) is based on the ground mentioned

in subsection (1)(d), the appellant must serve a copy of the notice of

appeal on each person who the appellant considers is a person on

whom the removal notice should have been served in accordance

with section 225A(3) or (5)(b).

(6)
If—

(a)
a removal notice is served on a person in accordance with

section 225A(3) or (5)(b), and

(b)
the local planning authority bring proceedings against the

person for the recovery under section 225A(7) of any

expenses,


it is not open to the person to raise in the proceedings any question

which the person could have raised in an appeal under subsection

(1).

63

(7)
In this section “removal notice” and “display structure” have the

same meaning as in section 225A.”
175
Page 100, leave out lines 21 and 22
Clause 115
176
Page 106, line 12, leave out “subsection (5)” and insert “this section”
177
Page 106, leave out lines 20 to 24
178
Page 106, line 26, at end insert—

“(8A)
An order under subsection (5) may not affect—

(a)
a requirement for a devolved consent to be obtained for, or

given in relation to, development, or

(b)
whether development may be authorised by a devolved

consent.

(8B)
A consent is “devolved” for the purposes of subsection (8A) if—

(a)
provision for the consent would be within the legislative

competence of the National Assembly for Wales if the

provision were contained in an Act of the Assembly,

(b)
provision for the consent is, or could be, made by the Welsh

Ministers in an instrument made under an Act,

(c)
the consent is not within subsection (6)(c) and the Welsh

Ministers have a power or duty—

(i)
to decide, or give directions as to how to decide,

whether the consent is given,

(ii)
to decide, or give directions as to how to decide,

some or all of the terms on which the consent is

given, or

(iii)
to revoke or vary the consent, or

(d)
the consent is within subsection (6)(c) and the notice has to

be given to the Welsh Ministers or otherwise brought to

their attention.”
After Clause 120
179
Insert the following new Clause—

“Acceptance of applications for development consent

(1)
The Planning Act 2008 is amended as follows.

(2)
In section 55(3) (conditions for acceptance of application) omit paragraphs

(b) and (d) (application may be accepted only if it complies with

requirements as to form and contents and with any standards set, and gives

reasons for any failure to follow applicable guidance).

(3)
In section 55(3) after paragraph (e) insert “, and

(f)
that the application (including accompaniments) is of a

standard that the Secretary of State considers satisfactory.”

(4)
In section 55 after subsection (5) insert—