12244.64-68

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Localism Bill

64

“(5A)
The Secretary of State, when deciding whether the Secretary of State

may reach the conclusion in subsection (3)(f), must have regard to

the extent to which—

(a)
the application complies with the requirements in section

37(3) (form and contents of application) and any standards

set under section 37(5), and

(b)
any applicable guidance given under section 37(4) has been

followed in relation to the application.”

(5)
In section 37(3) (requirements as to form and contents of application) after

“must” insert “, so far as necessary to secure that the application (including

accompaniments) is of a standard that the Secretary of State considers

satisfactory”.”
After Clause 121
180
Insert the following new Clause—

“Timetables for reports and decisions on applications for development consent

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

(2)
In section 98(3) (Examining authority must report on application within 3

months beginning with deadline for completing its examination) for the

words from “beginning” onwards substitute “beginning with—

(a)
the deadline for completion of its examination of the

application, or

(b)
(if earlier) the end of the day on which it completes the

examination.”

(3)
In section 107(1) (which provides for the application to be decided within 3

months of the start day but is amended by this Act to provide for decision

within 3 months of the deadline under section 98(3))—

(a)
for “with the” substitute “with—

(a)
the”, and

(b)
at the end insert “, or

(b)
(if earlier) the end of the day on which the Secretary

of State receives a report on the application under

section 74(2)(b) or 83(1)(b).””
After Clause 122
181
Insert the following new Clause—

“Local authority, statutory undertakers’ and National Trust land

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

(2)
In section 128(3) (order authorising compulsory acquisition of local

authority or statutory undertakers’ land subject to special parliamentary

procedure if representation made by the authority or statutory undertakers

and not withdrawn)—

(a)
after paragraph (a) (but before the “and” at the end of that

paragraph) insert—

65

“(aa)
the representation contains an objection to the

compulsory acquisition of the land,”, and

(b)
in paragraph (b) (condition that representation has not been

withdrawn) for “representation” substitute “objection”.

(3)
In section 130(3) (order authorising compulsory acquisition of certain

National Trust land subject to special parliamentary procedure if

representation made by National Trust and not withdrawn)—

(a)
after paragraph (a) (but before the “and” at the end of that

paragraph) insert—

“(aa)
the representation contains an objection to the

compulsory acquisition of the land,”, and

(b)
in paragraph (b) (condition that representation has not been

withdrawn) for “representation” substitute “objection”.”
Clause 124
182
Page 117, line 30, at end insert—

“(5)
The amendments made by this section do not alter—

(a)
whether under subsection (2) of section 70 of the Town and Country

Planning Act 1990 regard is to be had to any particular

consideration, or

(b)
the weight to be given to any consideration to which regard is had

under that subsection.”
Clause 135
183
Page 127, line 30, leave out “secure” and insert “flexible”
184
Page 127, line 39, leave out “(“the original flexible tenancy”)”
185
Page 127, leave out line 41 and insert “that is a flexible tenancy for a term certain of

the length specified in the notice, and sets out the other express terms of the

tenancy, and

(e)
the length of the term specified in the notice is at least two years.

(3A)
The length of the term of a flexible tenancy that becomes such a tenancy by

virtue of subsection (3) is that specified in the notice under paragraph

4ZA(2) of Schedule 1.

(3B)
The other express terms of the flexible tenancy are those set out in the

notice, so far as those terms are compatible with the statutory provisions

relating to flexible tenancies; and in this subsection “statutory provision”

means any provision made by or under an Act.”
Clause 136
186
Page 131, line 23, leave out subsection (6)
187
Page 131, line 31, leave out “the purposes of the Housing Act 1985” and insert “a

term certain”
188
Page 131, line 38, leave out from second “tenancy” to end of line 39 and insert “that

would be a flexible tenancy for a term certain of the length specified in the notice,”
189
Page 132, line 1, after “specifying” insert “a period of at least two years as”

66
190
Page 132, line 1, at end insert “, and

(c)
setting out the other express terms of the tenancy.

(3)
The length of the term of a flexible tenancy that becomes such a

tenancy by virtue of this section is that specified in the notice under

subsection (2).

(4)
The other express terms of the flexible tenancy are those set out in

the notice, so far as those terms are compatible with the statutory

provisions relating to flexible tenancies; and in this subsection

“statutory provision” means any provision made by or under an

Act.””
191
Page 132, line 2, leave out subsection (8)
192
Page 132, line 8, leave out “This section” and insert “Subsection (2)”
193
Page 132, line 10, after “tenancy” insert “within the meaning of section 107A of the

Housing Act 1985”
194
Page 132, line 13, at beginning insert “If the landlord has served a notice within

subsection (3) on the tenant before the end of the demoted tenancy then,”
195
Page 132, line 14, at end insert—

“(3)
The notice must—

(a)
state that, on ceasing to be a demoted tenancy, the tenancy will

become a secure tenancy that is a flexible tenancy for a term certain

of the length specified in the notice,

(b)
specify a period of at least two years as the length of the term of the

tenancy, and

(c)
set out the other express terms of the tenancy.

(4)
The length of the term of a flexible tenancy that becomes such a tenancy by

virtue of this section is that specified in the notice under subsection (3).

(5)
The other express terms of the flexible tenancy are those set out in the

notice, so far as those terms are compatible with the statutory provisions

relating to flexible tenancies; and in this subsection “statutory provision”

means any provision made by or under an Act.””
196
Page 132, line 15, leave out subsection (10)
Before Clause 137
197
Insert the following new Clause—

“Creation of tenancies of social housing

(1)
In section 52 of the Law of Property Act 1925 (requirement that

conveyances of land and interests in land be made by deed) in subsection

(2) (exceptions) after paragraph (d) insert—

“(da)
flexible tenancies;

(db)
assured tenancies of dwelling-houses in England that are

granted by private registered providers of social housing

and are not long tenancies or shared ownership leases;”.

(2)
After that subsection insert—

67

“(3)
In this section—

“assured tenancy” has the same meaning as in Part 1 of the

Housing Act 1988;

“dwelling-house” has the same meaning as in Part 1 of the

Housing Act 1988;

“flexible tenancy” has the meaning given by section 107A of

the Housing Act 1985;

“long tenancy” means a tenancy granted for a term certain of

more than 21 years, whether or not it is (or may become)

terminable before the end of that term by notice given by the

tenant or by re-entry or forfeiture;

“shared ownership lease” means a lease of a dwelling-house—

(a)
granted on payment of a premium calculated by

reference to a percentage of the value of the

dwelling-house or of the cost of providing it, or

(b)
under which the lessee (or the lessee’s personal

representatives) will or may be entitled to a sum

calculated by reference, directly or indirectly, to the

value of the dwelling-house.””
198
Insert the following new Clause—

“Registration of tenancies of social housing

(1)
The Land Registration Act 2002 is amended as follows.

(2)
In section 3 (voluntary registration of title) after subsection (4) insert—

“(4A)
A person may not make an application under subsection (2) in

respect of a leasehold estate in land under a relevant social housing

tenancy.”

(3)
In section 4 (compulsory registration of title) after subsection (5) insert—

“(5A)
Subsection (1) does not apply to the transfer or grant of a leasehold

estate in land under a relevant social housing tenancy.”

(4)
In section 27 (dispositions required to be registered) after subsection (5)

insert—

“(5A)
This section does not apply to—

(a)
the grant of a term of years absolute under a relevant social

housing tenancy, or

(b)
the express grant of an interest falling within section 1(2) of

the Law of Property Act 1925, where the interest is created

for the benefit of a leasehold estate in land under a relevant

social housing tenancy.”

(5)
In section 33 (interests in respect of which notice may not be entered on the

register) after paragraph (b) insert—

“(ba)
an interest under a relevant social housing tenancy,”.

(6)
In section 132(1) (interpretation) at the appropriate places insert—

““assured tenancy” has the same meaning as in Part 1 of the

Housing Act 1988;”;

““dwelling-house” has the same meaning as in Part 1 of the

Housing Act 1988;”;

68

““flexible tenancy” has the meaning given by section 107A of

the Housing Act 1985;”;

““long tenancy” means a tenancy granted for a term certain of

more than 21 years, whether or not it is (or may become)

terminable before the end of that term by notice given by the

tenant or by re-entry or forfeiture;”;

““relevant social housing tenancy” means—

(a)
a flexible tenancy, or

(b)
an assured tenancy of a dwelling-house in England

granted by a private registered provider of social

housing, other than a long tenancy or a shared

ownership lease;”;

““shared ownership lease” means a lease of a dwelling-

house—

(a)
granted on payment of a premium calculated by

reference to a percentage of the value of the

dwelling-house or of the cost of providing it, or

(b)
under which the lessee (or the lessee’s personal

representatives) will or may be entitled to a sum

calculated by reference, directly or indirectly, to the

value of the dwelling-house;”.

(7)
In Schedule 1 (unregistered interests which override first registration) after

paragraph 1 insert—

“Relevant social housing tenancies

1A
A leasehold estate in land under a relevant social housing

tenancy.”

(8)
In Schedule 3 (unregistered interests which override registered

dispositions) after paragraph 1 insert—

“Relevant social housing tenancies

1A
A leasehold estate in land under a relevant social housing

tenancy.””
Clause 139
199
Page 134, line 44, leave out from beginning to end of line 5 on page 135
200
Page 135, line 17, at end insert—

“(6)
The amendments made by this section do not apply in relation to a secure

tenancy that—

(a)
was granted before the day on which this section comes into force,

or

(b)
came into being by virtue of section 86 of the Housing Act 1985

(periodic tenancy arising on termination of fixed term) on the

coming to an end of a secure tenancy within paragraph (a).”
Clause 140
201
Page 136, line 48, at end insert—