House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 4 December 2012
94

Growth and Infrastructure Bill, continued

“(1A)
Development plan documents must (taken as a whole) include policies

designed to secure that the development and use of land in the local

planning authority’s area contribute to the mitigation of and adaptation to

climate change in line with the objectives and provisions of the Climate

Change Act 2008.”.’.

Sustainable development as a criterion for deciding development consent applications

Roberta Blackman-Woods

Ian Murray

NC5

To move the following Clause:—

‘In section 105 of the Planning Act 2008 (decisions of Secretary of State) after

subsection (2)(a) insert—

“(aa)
the objective of achieving sustainable development”.’.

Planning Act 2008 pre-application procedure

Bob Blackman

NC7

To move the following Clause:—

‘(1)
The Planning Act 2008 is amended as follows:

(2)
After section 54 insert—

“Chapter 4

General

54A Pre-application procedure: waivers

(1)
An applicant may, at any time before or after making an application,

submit a request in writing to the Secretary of State for a direction that

any provision contained in this Part or in rules or regulations made under

this Part shall not apply (or shall apply in part only) to the application.

(2)
A request made under subsection (1) shall give reasons for the request.

(3)
Where a request is made under subsection (1) and the Secretary of State

is satisfied that it is impossible, impracticable or unnecessary for the

applicant to comply with any provision contained in this Part or in rules

or regulations made under this Part, the Secretary of State may—

(a)
direct that the provision in question shall not apply, or shall apply

in part only, to the application in question; and

(b)
whether or not a direction has been given pursuant to paragraph

(a), direct that the applicant shall comply with the provision in

Public Bill Committee: 4 December 2012
95

Growth and Infrastructure Bill, continued

question, or any part of it, at such later date as may be specified

in the direction.”.’.

Planning Act 2008 examination fees

Bob Blackman

NC8

To move the following Clause:—

‘(1)
The Planning Act 2008 is amended as follows:

(2)
In section 4 (fees), after subsection (3) insert—

“(3A)
The regulations may only require the payment of fees in relation to the

examination of an application with reference to those days during the

examination period when the application was actually examined by the

examining authority.”.’.

Report on performance of Valuation Office Agency in relation to non-domestic rating

Ian Murray

Roberta Blackman-Woods

NC9

To move the following Clause:—

‘(1)
Prior to the compilation of a rating list, the Secretary of State must prepare and

publish a report describing the performance of the Valuation Office Agency

(VOA) within the reporting period in relation to non-domestic rating.

(2)
The report must set out any recommendation that the Secretary of State believes

the VOA should implement to improve its performance in light of the number of

outstanding appeals regarding business rates.

(3)
The Secretary of State must lay a copy of the report before Parliament.

(4)
In this section “reporting period” means the period of 12 months beginning with

1 April prior to the date on which a rating list is to be compiled.’.

Removing the housing borrowing cap

Roberta Blackman-Woods

Ian Murray

NC10


To move the following Clause:—

‘(1)
The Localism Act 2011 is amended as follows.

(2)
For section 171 substitute—

Public Bill Committee: 4 December 2012
96

Growth and Infrastructure Bill, continued

“171
Amount of housing debt

(1)
A local authority shall determine and keep under review the amount of

housing debt held by that authority.

(2)
A determination under this section must have regard to the duty to

determine an affordable borrowing limit under section 3 of the Local

Government Act 2003 (duty to determine affordable borrowing limit).

(3)
A determination under this section must have regard to any guidance

issued or approved by the Secretary of State.

(4)
A local housing authority may not hold debt in contravention of a

determination under this section.

(5)
In this section “housing debt”, in relation to a local housing authority,

means debt—

(a)
which is held by the authority in connection with the exercise of

its functions relating to housing and other property within its

Housing Revenue Account, and

(b)
interest and other charges in respect of which are required to be

carried to the debit of that account.”.’.

Local powers to establish permitted development rights

Roberta Blackman-Woods

Ian Murray

NC11


To move the following Clause:—

‘(1)
Section 57 of the Town and Country Planning Act 1990 (planning permission

required for development) is amended as follows.

(2)
In subsection (3), after second “order”, insert “issued by the local planning

authority”.

(3)
After subsection (3) insert—

“(3A)
Where a local planning authority propose to make an order under this

section they shall first prepare—

(a)
a draft of the order; and

(b)
a statement of their reasons for making the order.

(3B)
The statement of reasons shall contain—

(a)
a description of the development which the order would permit;

and

(b)
a plan or statement identifying the land to which the order would

relate.

(3C)
Where a local planning authority has prepared a draft local development

order, they shall consult, in accordance with regulations, persons whose

interests they consider would be affected by the order.”.’.

Public Bill Committee: 4 December 2012
97

Growth and Infrastructure Bill, continued

Town and Country Planning Act 1990 pre-application case oversight

Roberta Blackman-Woods

Ian Murray

NC12


To move the following Clause:—

‘Section 74 of the Town and Country Planning Act 1990 (Directions etc. as to

method of dealing with applications) is amended by the addition of the following

paragraph at the end of subsection (1).

“(g)
for requiring the local planning authority, in relation to a

proposed application for planning permission for development

of a type prescribed by the order, to oversee (including by the

giving of advice and opinions) the preparations and consultation

being made and carried out by the applicant in relation to the

proposed application, requiring the applicant and any other

person specified by the order to participate in the oversight

arrangements made by the local planning authority, including by

attendance at pre-application hearings conducted by or on behalf

of the authority, and requiring the payment of fees by the

applicant for the oversight arrangements.”.’.

Pre-application stage of major infrastructure regime

Roberta Blackman-Woods

Ian Murray

NC13


To move the following Clause:—

‘Section 51 of the Planning Act 2008 (Advice for potential applicants and others)

is amended by the addition at the end of the following subsection—

“(5)
Regulations under subsection (3) may also make provision for the

oversight (including the giving of advice and opinions) by a person

appointed by the Secretary of State of the preparations being made by an

applicant in relation to a proposed application and the applicant’s

compliance with the provisions of this Part and those having effect under

it, and in doing so the regulations may require the applicant and any other

person to participate in the oversight arrangements made by the person

appointed by the Secretary of State, including by attendance at case

management conferences, and the payment of fees by the applicant.”.’.

Roberta Blackman-Woods

Ian Murray

114


Title,  line  3,  after ‘land;’, insert ‘to make provision about the powers of local authorities

to hold debt in relation to housing;’.

Public Bill Committee: 4 December 2012
98

Growth and Infrastructure Bill, continued

Order of the House [5 November 2012]

That the following provisions shall apply to the Growth and Infrastructure Bill—

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 6 December 2012.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [13 November 2012]

That—

(1)
the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 13

November) meet—

(a)
at 2.00 pm on Tuesday 13 November;

(b)
at 8.55 am and 2.00 pm on Tuesday 20 November;

(c)
at 11.30 am and 2.00 pm on Thursday 22 November;

(d)
at 8.55 am and 2.00 pm on Tuesday 27 November;

(e)
at 11.30 am and 2.00 pm on Thursday 29 November;

(f)
at 8.55 am and 2.00 pm on Tuesday 4 December;

(g)
at 11.30 am and 2.00 pm on Thursday 6 December;

(2)
the Committee shall hear oral evidence in accordance with the following

Table:

Public Bill Committee: 4 December 2012
99

Growth and Infrastructure Bill, continued

TABLE

Date
Time
Witness

Tuesday 13
Until no later
Department for Business, Innovation and Skills;

November
than 10.00 am
Department for Communities and Local

Government; Department for Energy and

Climate Change

Tuesday 13
Until no later
Local Government Association; Association of

November
than 10.30 am
Convenience Stores

Tuesday 13
Until no later
Institute of Directors; Confederation of British

November
than 11.25 am
Industry; British Chamber of Commerce

Tuesday 13
Until no later
Country Land and Business Association; British

November
than 3.00 pm
Property Federation; British Council of

Shopping Centres

Tuesday 13
Until no later
Chartered Institute of Housing; Home Builders

November
than 4.00 pm
Federation; National Housing Federation

Tuesday 13
Until no later
Royal Institute of British Architects; Shelter

November
than 5.00 pm

Tuesday 20
Until no later
Adrian Penfold (author of the Penfold Review of

November
than 9.30 am
non-planning consents)

Tuesday 20
Until no later
Royal Town Planning Institute; Town and

November
than 10.30 am
Country Planning Association; Planning Officers

Society

Tuesday 20
Until no later
National Infrastructure Planning Association;

November
than 11.25 am
Energy UK; Broadband Stakeholder Group

Tuesday 20
Until no later
Taylor Wessing LLP; Working Families; Trades

November
than 3.00 pm
Union Congress; Chartered Institute of

Personnel and Development

Tuesday 20
Until no later
English National Park Authorities Association;

November
than 4.00 pm
Campaign to Protect Rural England; RSPB;

RenewableUK

Tuesday 20
Until no later
National Trust; Friends of the Earth; Campaign

November
than 5.00 pm
for National Parks

(3)
Proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clause 1; Schedule 1; Clauses 2 to 5; Schedule 2; Clauses 6

to 8; Schedule 3; Clauses 9 to 13; Schedule 4; Clauses 14 to 28; new Clauses;

new Schedules; remaining proceedings on the Bill;

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Thursday 6 December.

Public Bill Committee: 4 December 2012
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Growth and Infrastructure Bill, continued

NOTICES WITHDRAWN

The following Notices were withdrawn on 29 November:

NC6.



© Parliamentary copyright	Revised 4 December 2012