Local Services (Planning) Bill (HC Bill 58)

A

BILL

TO

Enable local planning authorities to require the granting of planning
permission prior to the demolition or change of use of premises or land used
or formerly used as a public house or local independent shop; to enable local
planning authorities to require the granting of planning permission if
premises or land will be used for a supermarket; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Power for local planning authorities to require the granting of planning
permission

(1) The Town and Country Planning Act 1990 is amended as follows.

(2)
After section 57 insert—

57A 5Power for local planning authorities to require the granting of
planning permission

A local planning authority may adopt a planning policy such that
planning permission is required in any of the following
circumstances—

(a) 10prior to the demolition or change of use of premises or land
used or formerly used within the proceeding four years as—

(i) a public house, or

(ii) a local independent shop, or

(b) if premises or land will be used for a supermarket.

2 15Definition of local independent shop and supermarket

For the purposes of this Act “supermarket” and “local independent shop” shall
be defined in accordance with regulations made by the Secretary of State.

Local Services (Planning) BillPage 2

3 Definition of public house

(1) For the purposes of this Act public house shall be defined in accordance with
regulations made by the Secretary of State.

(2) Regulations under subsection (1) shall be framed so as to include all premises
5licensed for the supply of alcohol for consumption on the premises under the
Licensing Act 2003.

4 Regulations

(1) Any matter to be prescribed under this Act must be prescribed in regulations
made by the Secretary of State.

(2) 10Any power of the Secretary of State to make regulations under this Act is
exercisable by statutory instrument.

(3) Any power of the Secretary of State to make regulations under this Act
includes powers to make such transitional, incidental or supplemental
provision as the Secretary of State may consider appropriate.

(4) 15Regulations made by the Secretary of State under this Act are subject to
annulment in pursuance of a resolution of either House of Parliament.

5 Interpretation

In this Act—

  • “local planning authority” has the meaning given in Part 1 of the Town
    20and Country Planning Act 1990;

  • “planning permission” has the meaning given in Part 3 of the Town and
    Country Planning Act 1990.

6 Short title, commencement and extent

(1) This Act may be cited as the Local Services (Planning) Act 2012.

(2) 25This Act comes into force at the end of the period of 2 months beginning with
the day on which it is passed.

(3) This Act extends to England and Wales.