House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

27

House of Commons

Thursday 22 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

Ian Murray

10

Clause  1,  page  1,  line  8,  at end insert—

‘(za)
the local planning authority concerned had not adopted a local plan for

any part of its area within a period of 20 years prior to the date on which

it was designated by the Secretary of State;

(zb)
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;’.

Roberta Blackman-Woods

Ian Murray

11

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

of State’ and insert ‘involves 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

Ian Murray

12

Clause  1,  page  2,  line  9,  leave out from ‘1990’ to end of line 11.

Public Bill Committee: 22 November 2012
28

Growth and Infrastructure Bill, continued

Roberta Blackman-Woods

Ian Murray

14

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

‘(3A)
It shall 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

Ian Murray

15

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

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

a period of consultation.’.

Roberta Blackman-Woods

Ian Murray

13

Clause  1,  page  2,  line  30,  at end 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

Ian Murray

16

Clause  1,  page  2,  leave out lines 33 to 40 and insert—

‘(6)
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

Ian Murray

17

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

Roberta Blackman-Woods

Ian Murray

18

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

Public Bill Committee: 22 November 2012
29

Growth and Infrastructure Bill, continued

Mr Nick Raynsford

Roberta Blackman-Woods

Ian Murray

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.’.

Roberta Blackman-Woods

Ian Murray

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

Ian Murray

20

Clause  1,  page  2,  line  47,  leave out from ‘publish’ to end of line 48 and insert

‘following a period of consultation with local authorities’.

Roberta Blackman-Woods

Ian Murray

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’.

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 subsections (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

Roberta Blackman-Woods

Ian Murray

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.’.

Public Bill Committee: 22 November 2012
30

Growth and Infrastructure Bill, continued

Roberta Blackman-Woods

Ian Murray

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

Ian Murray

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—

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

to the criteria published in accordance with 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

Ian Murray

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

Ian Murray

28

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

regulations’.

Roberta Blackman-Woods

Ian Murray

29

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

regulations’.

Public Bill Committee: 22 November 2012
31

Growth and Infrastructure Bill, continued

Roberta Blackman-Woods

Ian Murray

30

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

regulations’.

Roberta Blackman-Woods

Ian Murray

31

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

regulations’.

Roberta Blackman-Woods

Ian Murray

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

Ian Murray

32

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

regulations’.

Roberta Blackman-Woods

Ian Murray

33

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

regulations’.

Roberta Blackman-Woods

Ian Murray

26

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

both parties’.

Roberta Blackman-Woods

Ian Murray

27

Clause  2,  page  5,  line  5,  at end 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

50


Clause  5,  page  5,  line  31,  after ‘(1)’, insert ‘subject to subsection (1A).’.

Public Bill Committee: 22 November 2012
32

Growth and Infrastructure Bill, continued

Mr Nick Raynsford

51


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

‘(1A)
This section does not apply to planning obligations relating to article 1(5) land as

defined in the Town and Country Planning (General Permitted Development)

Order 1995 (S.I. 1995/418).’.

Mr Nick Raynsford

6

Clause  5,  page  5,  line  42,  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.’.

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—

Public Bill Committee: 22 November 2012
33

Growth and Infrastructure Bill, continued

‘(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)’.

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)
’.



© Parliamentary copyright	Revised 22 November 2012