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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Growth and Infrastructure Bill
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [13 November 2012]. |
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| Clause 1, page 1, line 8, after ‘made’ insert— |
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| | ‘(a) | the local planning authority has not adopted a local plan for any part of |
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| | its area within a period of 20 years prior to the date that the Secretary of |
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| | State proposes to make the designation; |
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| | (b) | the application does not relate to development affecting flood risk areas, |
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| | World Heritage sites, National Parks, Areas of Outstanding Natural |
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| | Beauty, Sites of Special Scientific Interest and conservation areas, and’. |
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| Clause 1, page 1, line 14, leave out ‘of a description prescribed by the Secretary of |
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| State’ and insert ‘a major application of a description to be set out in regulations following |
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| a period of consultation, which regulations shall be in the form of a statutory instrument |
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| and may only be made if a draft of them has been laid before and approved by both Houses |
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| Clause 1, page 2, line 10, leave out sub-paragraph (ii). |
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| Clause 1, page 2, line 19, after ‘State’, insert— |
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| | ‘(3A) | It will be the responsibility of the Secretary of State to ensure that all statutory |
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| | requirements that would otherwise be met by the local planning authority or |
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| | hazardous substances authority, in relation to a relevant application under |
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| | subsection 3, are met by him.’. |
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| Clause 1, page 2, line 19, at end insert— |
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| | ‘(3B) | Applications under subsection (3) shall be subject to published criteria following |
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| | a period of consultation.’. |
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| Clause 1, page 2, line 30, after ‘accordingly’, insert— |
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| | ‘(4A) | Before reaching a decision on an application made to him under this section, the |
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| | Secretary of State must ensure that adequate consultation of the local community |
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| Clause 1, page 2, line 32, at end insert— |
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| | ‘(5A) | Any performance standards that apply to local planning authorities in the |
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| | consideration of planning applications shall also apply to the Secretary of State in |
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| | the performance of his functions under this section.’. |
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| Clause 1, page 2, line 33, leave out subsection (6) and insert— |
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| | ‘(6) | Where an application is made directly to the Secretary of State, the Secretary of |
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| | State must set out in regulations, following a period of consultation, the exact |
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| | responsibilities of local authorities designated under section 1(1) in relation to |
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| | planning applications made directly to the Secretary of State.’. |
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| Clause 1, page 2, line 39, after ‘particular’, insert ‘designated’. |
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| Clause 1, page 2, line 39, after ‘to’, insert ‘designated’. |
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| Clause 1, page 2, line 40, at end insert— |
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| | ‘(6A) | Any costs incurred by a local planning authority in carrying out directions given |
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| | under subsection (6) shall be reimbursed by the Secretary of State.’. |
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| Clause 1, page 2, line 46, at end insert— |
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| | ‘(e) | local planning authorities with responsibility for all or part of a National |
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| | Park, Area of Outstanding Natural Beauty, Site of Special Scientific |
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| | Interest, World Heritage Site and/or a conservation area;’. |
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| Clause 1, page 2, line 47, leave out from ‘in’ to ‘fit’ in line 48 and insert ‘following |
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| a period of consultation with local authorities’. |
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| Clause 1, page 3, line 7, at end insert— |
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| | ‘(9) | The Secretary of State must consult representatives of local planning authorities |
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| | before publishing the criteria described in paragraphs (8)(a) and (b).’. |
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| Clause 1, page 3, line 7, at end insert— |
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| | ‘(10) | The Secretary of State shall by regulations make provision for an independent |
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| | body to consider appeals by local planning authorities which have been |
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| | designated for the purposes of this section against such designation.’. |
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| Clause 1, page 3, line 7, at end insert— |
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| | ‘(11) | The Secretary of State shall, as soon as possible after the end of each financial |
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| | year, publish a statement of the costs incurred by the Secretary of State during that |
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| | year in pursuance of this section.’. |
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| Clause 1, page 3, line 7, at end insert— |
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| | ‘(e) | and the length of time for which a local authority is to be designated’. |
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| Clause 1, page 3, line 7, at end insert— |
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| | ‘(9) | This section will cease to have effect one year after it comes into force. |
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| | (10) | Regulations under this section shall be in the form of a statutory instrument and |
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| | shall not be made unless a draft of them has been laid before and approved by both |
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| Clause 1, page 3, line 7, at end insert— |
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| | ‘(9) | Before designating an authority under this section, the Secretary of State must |
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| | serve a notice of intention to designate (“the notice”). |
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| | (a) | give reasons for the service of the notice, all of which must have regard |
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| | to the criteria set out in subsection 8; |
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| | (b) | give the authority or authorities named in the notice a period of six |
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| | months to take all reasonable corrective actions specified in the notice; |
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| | (c) | allow a period of four weeks for the local authority on which notice is |
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| | served to appeal against this notice (the grounds for which appeal may |
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| | include mitigating criteria, set out in regulations, such criteria to include |
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| | planning performance agreements, extenuating local circumstances, |
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| | actions of statutory consultees and/or relevant agencies or government |
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| | departments, views of the local community, natural events, architectural |
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| | and heritage concerns, environmental and conservation concerns).’. |
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| Schedule 1, page 33, line 16, after ‘may’ insert ‘with the agreement of the |
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| designated local planning authority and the applicant’. |
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| Clause 2, page 3, line 18, after ‘direct,’, insert ‘subject to criteria set out in |
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| Clause 2, page 3, line 21, after ‘directs,’, insert ‘subject to criteria set out in |
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| Clause 2, page 3, line 33, after ‘direct,’, insert ‘subject to criteria set out in |
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| Clause 2, page 3, line 36, after ‘directs,’, insert ‘subject to criteria set out in |
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| Clause 2, page 4, line 2, after ‘State’, insert ‘subject to mitigating circumstances, to |
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| include circumstances beyond the control of the holder of the inquiry or hearing’. |
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| Clause 2, page 4, line 9, after ‘direct,’, insert ‘subject to criteria set out in |
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| Clause 2, page 4, line 12, after ‘directs,’, insert ‘subject to criteria set out in |
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| Clause 2, page 5, line 2, leave out ‘if he thinks fit’ and insert ‘with the agreement of |
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| Clause 2, page 5, line 5, after ‘Secretary of State’, insert— |
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| | ‘(12) | The Secretary of State must publish— |
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| | (a) | the criteria that are to be applied by the Secretary of State in deciding |
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| | whether sub-paragraph (11) should be employed; and |
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| | (b) | the reasons of the Secretary of State for directing that “anything be done |
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| | under sub-paragraph (11)”.’. |
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| Clause 5, page 5, line 32, at end insert— |
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| | ‘(2A) | An application made to an authority under subsection (2) shall be subject to a fee, |
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| | which must cover costs incurred in determining whether paragraphs (a) or (b) of |
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| | subsection (3) apply, including the costs of any specialist advice.’. |
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| Clause 5, page 6, line 9, at end insert— |
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| | ‘(3A) | The Secretary of State shall make an order by Statutory Instrument setting out the |
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| | criteria by which viability is to be assessed. |
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| | (3B) | An order shall not be made under subsection (3A) unless he has consulted those |
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| | persons or organisations he considers to be appropriate and a draft of the Order |
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| | has been laid before, and approved by resolution of, both Houses of Parliament.’. |
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| Clause 5, page 6, line 15, at end insert— |
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| | ‘(4A) | Second or subsequent applications made to an authority under subsection (2) shall |
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| Clause 5, page 6, line 35, at end insert— |
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| | ‘(6A) | Subsections (6)(b) and (c) shall not prevent the planning obligation being |
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| | modified so as to change the timing of payments.’. |
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| Clause 5, page 6, line 42, at end insert ‘—(a)’. |
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| Clause 5, page 6, line 43, at end insert ‘, or |
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| | (b) | if no period is prescribed under paragraph (a), within the period of 28 |
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| | days beginning with the day on which the application is received, or such |
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| | longer period as is agreed in writing between the applicant and the |
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| Clause 5, page 7, line 21, at end insert— |
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| | ‘(12A) | The Secretary of State may by order amend this section so as to modify the |
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| | definition of “affordable housing requirement” in subsection (12). |
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| | (12B) | An order under subsection (12A) may have effect for the purposes of planning |
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| | obligations entered into before (as well as after) its coming into force.’. |
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| Clause 5, page 7, line 37, leave out ‘and in such manner’. |
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| Clause 5, page 7, line 38, at end insert— |
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| | ‘(3A) | If no period is prescribed under subsection (3), an appeal under this section must |
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| | (a) | in relation to an appeal under subsection (1)(a), within the period of 6 |
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| | months beginning with the expiry of the period mentioned in section |
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| | 106BA(9) that applies in the applicant’s case, or |
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| | (b) | otherwise, within the period of 6 months beginning with the date on |
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| | which notice of the determination is given to the applicant under section |
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| | (3B) | An appeal under this section must be made by notice served in such manner as |
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| | may be prescribed by the Secretary of State.’. |
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| Clause 5, page 7, line 39, after first ‘to’ insert ‘(8), (10) and’. |
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| Clause 5, page 7, line 41, leave out ‘(5)’ and insert ‘(4A)’. |
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| Clause 5, page 7, line 41, at end insert— |
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| | ‘(4A) | References to the affordable housing requirement or the planning obligation are |
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| | to the requirement or obligation as it stood immediately before the application |
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| | under section 106BA to which the appeal relates.’. |
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| Clause 5, page 8, line 2, after ‘State’ insert ‘— |
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| | (a) | does not uphold the determination under section 106BA to which the |
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| | appeal relates (if such a determination has been made), and |
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| Clause 5, page 8, line 6, leave out from ‘period’ to end of line 17 and insert ‘, the |
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| obligation is treated as containing the affordable housing requirement or requirements it |
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| contained immediately before the first application under section 106BA in relation to the |
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| obligation, subject to the modifications within subsection (8A). |
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| | (8A) | Those modifications are— |
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| | (a) | the modifications necessary to ensure that, if the development has been |
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| | commenced before the end of the relevant period, the requirement or |
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| | requirements apply only in relation to the part of the development that is |
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| | not commenced before the end of that period, and |
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| | (b) | such other modifications as the Secretary of State considers necessary or |
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| | expedient to ensure the effectiveness of the requirement or requirements |
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| | at the end of that period.’. |
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| Clause 5, page 8, line 18, leave out ‘subsection (8)’ insert ‘subsections (8) and |
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| Clause 5, page 8, leave out lines 21 and 22 and insert— |
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| | ‘(10) | Section 106BA and this section apply in relation to a planning obligation |
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| | containing a provision within subsection (8) as if— |
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| | (a) | the provision were an affordable housing requirement, and |
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| | (b) | a person against whom the obligation is enforceable were a person |
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| | against whom that requirement is enforceable. |
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| | (10A) | If subsection (8) applies on an appeal relating to a planning obligation that already |
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| | contains a provision within that subsection— |
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| | (a) | the existing provision within subsection (8) ceases to have effect, but |
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