House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

13

House of Commons

Tuesday 20 November 2012

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Growth and Infrastructure Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [13 November 2012].

Roberta Blackman-Woods

10


Clause  1,  page  1,  line  8,  after ‘made’ insert—

‘(a)
the local planning authority has not adopted a local plan for any part of

its area within a period of 20 years prior to the date that the Secretary of

State proposes to make the designation;

(b)
the application does not relate to development affecting flood risk areas,

World Heritage sites, National Parks, Areas of Outstanding Natural

Beauty, Sites of Special Scientific Interest and conservation areas, and’.

Roberta Blackman-Woods

11


Clause  1,  page  1,  line  14,  leave out ‘of a description prescribed by the Secretary of

State’ and insert ‘a major application of a description to be set out in regulations following

a period of consultation, which regulations shall be in the form of a statutory instrument

and may only be made if a draft of them has been laid before and approved by both Houses

of Parliament.’.

Roberta Blackman-Woods

12


Clause  1,  page  2,  line  10,  leave out sub-paragraph (ii).

Public Bill Committee: 20 November 2012
14

Growth and Infrastructure Bill, continued

Roberta Blackman-Woods

14


Clause  1,  page  2,  line  19,  after ‘State’, insert—

‘(3A)
It will be the responsibility of the Secretary of State to ensure that all statutory

requirements that would otherwise be met by the local planning authority or

hazardous substances authority, in relation to a relevant application under

subsection 3, are met by him.’.

Roberta Blackman-Woods

15


Clause  1,  page  2,  line  19,  at end insert—

‘(3B)
Applications under subsection (3) shall be subject to published criteria following

a period of consultation.’.

Roberta Blackman-Woods

13


Clause  1,  page  2,  line  30,  after ‘accordingly’, insert—

‘(4A)
Before reaching a decision on an application made to him under this section, the

Secretary of State must ensure that adequate consultation of the local community

takes place.’.

Mr Nick Raynsford

1

Clause  1,  page  2,  line  32,  at end insert—

‘(5A)
Any performance standards that apply to local planning authorities in the

consideration of planning applications shall also apply to the Secretary of State in

the performance of his functions under this section.’.

Roberta Blackman-Woods

16


Clause  1,  page  2,  line  33,  leave out subsection (6) and insert—

‘(6)
Where an application is made directly to the Secretary of State, the Secretary of

State must set out in regulations, following a period of consultation, the exact

responsibilities of local authorities designated under section 1(1) in relation to

planning applications made directly to the Secretary of State.’.

Roberta Blackman-Woods

17


Clause  1,  page  2,  line  39,  after ‘particular’, insert ‘designated’.

Roberta Blackman-Woods

18


Clause  1,  page  2,  line  39,  after ‘to’, insert ‘designated’.

Mr Nick Raynsford

2

Clause  1,  page  2,  line  40,  at end insert—

‘(6A)
Any costs incurred by a local planning authority in carrying out directions given

under subsection (6) shall be reimbursed by the Secretary of State.’.

Public Bill Committee: 20 November 2012
15

Growth and Infrastructure Bill, continued

Roberta Blackman-Woods

19


Clause  1,  page  2,  line  46,  at end insert—

‘(e)
local planning authorities with responsibility for all or part of a National

Park, Area of Outstanding Natural Beauty, Site of Special Scientific

Interest, World Heritage Site and/or a conservation area;’.

Roberta Blackman-Woods

20


Clause  1,  page  2,  line  47,  leave out from ‘in’ to ‘fit’ in line 48 and insert ‘following

a period of consultation with local authorities’.

Mr Nick Raynsford

3

Clause  1,  page  3,  line  7,  at end insert—

‘(9)
The Secretary of State must consult representatives of local planning authorities

before publishing the criteria described in paragraphs (8)(a) and (b).’.

Mr Nick Raynsford

4

Clause  1,  page  3,  line  7,  at end insert—

‘(10)
The Secretary of State shall by regulations make provision for an independent

body to consider appeals by local planning authorities which have been

designated for the purposes of this section against such designation.’.

Mr Nick Raynsford

5

Clause  1,  page  3,  line  7,  at end insert—

‘(11)
The Secretary of State shall, as soon as possible after the end of each financial

year, publish a statement of the costs incurred by the Secretary of State during that

year in pursuance of this section.’.

Roberta Blackman-Woods

21


Clause  1,  page  3,  line  7,  at end insert—

‘(e)
and the length of time for which a local authority is to be designated’.

Roberta Blackman-Woods

22


Clause  1,  page  3,  line  7,  at end insert—

‘(9)
This section will cease to have effect one year after it comes into force.

(10)
Regulations under this section shall be in the form of a statutory instrument and

shall not be made unless a draft of them has been laid before and approved by both

Houses of Parliament.’.

Roberta Blackman-Woods

23


Clause  1,  page  3,  line  7,  at end insert—

‘(9)
Before designating an authority under this section, the Secretary of State must

serve a notice of intention to designate (“the notice”).

(10)
The notice shall—

Public Bill Committee: 20 November 2012
16

Growth and Infrastructure Bill, continued

(a)
give reasons for the service of the notice, all of which must have regard

to the criteria set out in subsection 8;

(b)
give the authority or authorities named in the notice a period of six

months to take all reasonable corrective actions specified in the notice;

(c)
allow a period of four weeks for the local authority on which notice is

served to appeal against this notice (the grounds for which appeal may

include mitigating criteria, set out in regulations, such criteria to include

planning performance agreements, extenuating local circumstances,

actions of statutory consultees and/or relevant agencies or government

departments, views of the local community, natural events, architectural

and heritage concerns, environmental and conservation concerns).’.

Roberta Blackman-Woods

24


Schedule  1,  page  33,  line  16,  after ‘may’ insert ‘with the agreement of the

designated local planning authority and the applicant’.

Roberta Blackman-Woods

28


Clause  2,  page  3,  line  18,  after ‘direct,’, insert ‘subject to criteria set out in

regulations’.

Roberta Blackman-Woods

29


Clause  2,  page  3,  line  21,  after ‘directs,’, insert ‘subject to criteria set out in

regulations’.

Roberta Blackman-Woods

30


Clause  2,  page  3,  line  33,  after ‘direct,’, insert ‘subject to criteria set out in

regulations’.

Roberta Blackman-Woods

31


Clause  2,  page  3,  line  36,  after ‘directs,’, insert ‘subject to criteria set out in

regulations’.

Roberta Blackman-Woods

25


Clause  2,  page  4,  line  2,  after ‘State’, insert ‘subject to mitigating circumstances, to

include circumstances beyond the control of the holder of the inquiry or hearing’.

Roberta Blackman-Woods

32


Clause  2,  page  4,  line  9,  after ‘direct,’, insert ‘subject to criteria set out in

regulations’.

Public Bill Committee: 20 November 2012
17

Growth and Infrastructure Bill, continued

Roberta Blackman-Woods

33


Clause  2,  page  4,  line  12,  after ‘directs,’, insert ‘subject to criteria set out in

regulations’.

Roberta Blackman-Woods

26


Clause  2,  page  5,  line  2,  leave out ‘if he thinks fit’ and insert ‘with the agreement of

both parties’.

Roberta Blackman-Woods

27


Clause  2,  page  5,  line  5,  after ‘Secretary of State’, insert—

‘(12)
The Secretary of State must publish—

(a)
the criteria that are to be applied by the Secretary of State in deciding

whether sub-paragraph (11) should be employed; and

(b)
the reasons of the Secretary of State for directing that “anything be done

under sub-paragraph (11)”.’.

Mr Nick Raynsford

6

Clause  5,  page  5,  line  32,  at end insert—

‘(2A)
An application made to an authority under subsection (2) shall be subject to a fee,

which must cover costs incurred in determining whether paragraphs (a) or (b) of

subsection (3) apply, including the costs of any specialist advice.’.

Mr Nick Raynsford

7

Clause  5,  page  6,  line  9,  at end insert—

‘(3A)
The Secretary of State shall make an order by Statutory Instrument setting out the

criteria by which viability is to be assessed.

(3B)
An order shall not be made under subsection (3A) unless he has consulted those

persons or organisations he considers to be appropriate and a draft of the Order

has been laid before, and approved by resolution of, both Houses of Parliament.’.

Mr Nick Raynsford

8

Clause  5,  page  6,  line  15,  at end insert—

‘(4A)
Second or subsequent applications made to an authority under subsection (2) shall

be subject to a fee.’.

Mr Nick Raynsford

9

Clause  5,  page  6,  line  35,  at end insert—

‘(6A)
Subsections (6)(b) and (c) shall not prevent the planning obligation being

modified so as to change the timing of payments.’.

Public Bill Committee: 20 November 2012
18

Growth and Infrastructure Bill, continued

Michael Fallon

Nick Boles

34


Clause  5,  page  6,  line  42,  at end insert ‘—(a)’.

Michael Fallon

Nick Boles

35


Clause  5,  page  6,  line  43,  at end insert ‘, or

(b)
if no period is prescribed under paragraph (a), within the period of 28

days beginning with the day on which the application is received, or such

longer period as is agreed in writing between the applicant and the

authority.’.

Michael Fallon

Nick Boles

36


Clause  5,  page  7,  line  21,  at end insert—

‘(12A)
The Secretary of State may by order amend this section so as to modify the

definition of “affordable housing requirement” in subsection (12).

(12B)
An order under subsection (12A) may have effect for the purposes of planning

obligations entered into before (as well as after) its coming into force.’.

Michael Fallon

Nick Boles

37


Clause  5,  page  7,  line  37,  leave out ‘and in such manner’.

Michael Fallon

Nick Boles

38


Clause  5,  page  7,  line  38,  at end insert—

‘(3A)
If no period is prescribed under subsection (3), an appeal under this section must

be made—

(a)
in relation to an appeal under subsection (1)(a), within the period of 6

months beginning with the expiry of the period mentioned in section

106BA(9) that applies in the applicant’s case, or

(b)
otherwise, within the period of 6 months beginning with the date on

which notice of the determination is given to the applicant under section

106BA(9).

(3B)
An appeal under this section must be made by notice served in such manner as

may be prescribed by the Secretary of State.’.

Michael Fallon

Nick Boles

39


Clause  5,  page  7,  line  39,  after first ‘to’ insert ‘(8), (10) and’.

Michael Fallon

Nick Boles

40


Clause  5,  page  7,  line  41,  leave out ‘(5)’ and insert ‘(4A)’.

Public Bill Committee: 20 November 2012
19

Growth and Infrastructure Bill, continued

Michael Fallon

Nick Boles

41


Clause  5,  page  7,  line  41,  at end insert—

‘(4A)
References to the affordable housing requirement or the planning obligation are

to the requirement or obligation as it stood immediately before the application

under section 106BA to which the appeal relates.’.

Michael Fallon

Nick Boles

42


Clause  5,  page  8,  line  2,  after ‘State’ insert ‘—

(a)
does not uphold the determination under section 106BA to which the

appeal relates (if such a determination has been made), and

(b)
’.

Michael Fallon

Nick Boles

43


Clause  5,  page  8,  line  6,  leave out from ‘period’ to end of line 17 and insert ‘, the

obligation is treated as containing the affordable housing requirement or requirements it

contained immediately before the first application under section 106BA in relation to the

obligation, subject to the modifications within subsection (8A).

(8A)
Those modifications are—

(a)
the modifications necessary to ensure that, if the development has been

commenced before the end of the relevant period, the requirement or

requirements apply only in relation to the part of the development that is

not commenced before the end of that period, and

(b)
such other modifications as the Secretary of State considers necessary or

expedient to ensure the effectiveness of the requirement or requirements

at the end of that period.’.

Michael Fallon

Nick Boles

44


Clause  5,  page  8,  line  18,  leave out ‘subsection (8)’ insert ‘subsections (8) and

(8A)’.

Michael Fallon

Nick Boles

45


Clause  5,  page  8,  leave out lines 21 and 22 and insert—

‘(10)
Section 106BA and this section apply in relation to a planning obligation

containing a provision within subsection (8) as if—

(a)
the provision were an affordable housing requirement, and

(b)
a person against whom the obligation is enforceable were a person

against whom that requirement is enforceable.

(10A)
If subsection (8) applies on an appeal relating to a planning obligation that already

contains a provision within that subsection—

(a)
the existing provision within subsection (8) ceases to have effect, but



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