|
|
| |
| | |
|
| “(5A) | The Secretary of State, when deciding whether the Secretary of State |
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| may reach the conclusion in subsection (3)(f), must have regard to |
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| |
| (a) | the application complies with the requirements in section |
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| 37(3) (form and contents of application) and any standards |
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| set under section 37(5), and |
|
| (b) | any applicable guidance given under section 37(4) has been |
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| followed in relation to the application.” |
|
| (5) | In section 37(3) (requirements as to form and contents of application) after |
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| “must” insert “, so far as necessary to secure that the application (including |
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| accompaniments) is of a standard that the Secretary of State considers |
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| |
|
180 | Insert the following new Clause— |
|
| “Timetables for reports and decisions on applications for development consent |
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| (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 |
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| |
| (b) | (if earlier) the end of the day on which it completes the |
|
| |
| (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— |
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| |
| (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 |
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| section 74(2)(b) or 83(1)(b).”” |
|
|
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 |
|
| |
| (a) | after paragraph (a) (but before the “and” at the end of that |
|
| |
|
|
| |
| | |
|
| “(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 |
|
| |
| “(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”.” |
|
|
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 |
|
| |
| (b) | the weight to be given to any consideration to which regard is had |
|
| |
|
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 |
|
| |
| (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 |
|
| |
| (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.” |
|
|
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 |
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| |
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” |
|
|
|
| |
| | |
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 |
|
| |
| (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 |
|
| |
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 |
|
| |
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— |
|
| |
| (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 |
|
| |
| (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) |
|
|
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— |
|
|
|
| |
| | |
|
| |
| “assured tenancy” has the same meaning as in Part 1 of the |
|
| |
| “dwelling-house” has the same meaning as in Part 1 of the |
|
| |
| “flexible tenancy” has the meaning given by section 107A of |
|
| |
| “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 |
|
| |
| (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) |
|
| |
| “(5A) | This section does not apply to— |
|
| (a) | the grant of a term of years absolute under a relevant social |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| ““dwelling-house” has the same meaning as in Part 1 of the |
|
| |
|
|
| |
| | |
|
| ““flexible tenancy” has the meaning given by section 107A of |
|
| |
| ““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 |
|
| |
| ““shared ownership lease” means a lease of a dwelling- |
|
| |
| (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 |
|
| |
| “Relevant social housing tenancies |
|
| 1A | A leasehold estate in land under a relevant social housing |
|
| |
| (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 |
|
| |
|
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 |
|
| |
| (a) | was granted before the day on which this section comes into force, |
|
| |
| (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).” |
|
|
201 | Page 136, line 48, at end insert— |
|
|