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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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| | | (b) | that subsection applies again to the obligation.’. |
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| | Schedule 2, page 36, line 15, at end insert— |
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| | | ‘(2A) | After subsection (1) insert— |
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| | | “(1A) | If no period is prescribed under section 106BA(9), the period of 6 |
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| | | weeks referred to in subsection (1)(b) that applies in relation to |
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| | | proceedings for failure to give notice as mentioned in subsection (9) |
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| | | of section 106BA begins with the expiry of the period mentioned in |
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| | | that subsection that applies in the applicant’s case.”’. |
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| | Schedule 2, page 36, line 34, at end insert— |
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| | | ‘7A(1) | Section 333 (regulations and orders) is amended as follows. |
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| | | (2) | In subsection (4) (power to make orders under Act exercisable by statutory |
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| | | instrument), after “87,” insert “106BA(12A),”. |
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| | | (3) | After subsection (5) insert— |
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| | | “(5ZA) | No order may be made under section 106BA(12A) unless a draft of the |
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| | | instrument containing the order has been laid before, and approved by |
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| | | a resolution of, each House of Parliament.”’. |
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| | Schedule 2, page 36, line 37, leave out ‘1(1)’ and insert ‘1— |
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| | | (a) | in sub-paragraph (1)’. |
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| | Schedule 2, page 36, line 39, at end insert ‘, and |
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| | | (b) | after that sub-paragraph insert— |
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| | | “(1A) | If no classes of appeals under section 106BB are prescribed by |
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| | | regulations under sub-paragraph (1), all appeals under that |
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| | | section are to be determined by a person appointed by the |
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| | | Secretary of State for the purpose instead of by the Secretary |
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| Clause 13, page 15, line 34, at end insert— |
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| | | ‘( ) | The transitional provision that may be included in an order under subsection |
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| | | (5)(a) specifying an additional trigger or terminating event includes provision for |
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| | | this section to apply where such an event has occurred before the order is made |
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| | | or before it comes into force and as to its application in such a case.’. |
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| | To move the following Clause:— |
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| | | ‘In Part 2 of the Planning and Compulsory Purchase Act 2004 insert— |
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| | | “13A | The Purpose of Planning |
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| | | (1) | The purpose of the planning system is to positively promote the long term |
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| | | spatial organisation of land in order to achieve sustainable development. |
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| | | (2) | In the Planning Act 2008, sustainable development means managing the |
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| | | use, development and protection of land and natural resources in a way, |
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| | | or at a rate, which enables people and communities to provide for their |
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| | | legitimate social, economic and cultural wellbeing while sustaining the |
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| | | potential of future generations to meet their own needs by respecting |
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| | | (3) | In achieving sustainable development, planning should— |
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| | | (a) | positively identify suitable land for development in line with the |
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| | | economic, social and environmental objectives so as to improve |
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| | | the quality of life, wellbeing and health of people and |
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| | | (b) | contribute to sustainable economic development; |
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| | | (c) | protect and enhance the natural and historic environment and |
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| | | quality of existing communities and the countryside; |
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| | | (d) | ensure long term sustainable patterns of resource use; |
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| | | (e) | positively promote civic beauty through high quality and |
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| | | (f) | ensure the planning system is open, transparent, participative and |
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| | | Order of the House [5 November 2012] |
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| | | That the following provisions shall apply to the Growth and Infrastructure Bill— |
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| | | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | | Proceedings in Public Bill Committee |
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| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | | concluded) be brought to a conclusion on Thursday 6 December 2012. |
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| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | | Consideration and Third Reading |
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| | | 4. | Proceedings on Consideration shall (so far as not previously concluded) be |
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| | | brought to a conclusion one hour before the moment of interruption on the |
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| | | day on which those proceedings are commenced. |
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| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | | brought to a conclusion at the moment of interruption on that day. |
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| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | | proceedings on Consideration and Third Reading. |
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| | | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | | consideration of Lords Amendments or on any further messages from the |
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| | | Lords) may be programmed. |
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| | | Order of the Committee [13 November 2012] |
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| | | (1) | the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 13 |
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| | | (a) | at 2.00 pm on Tuesday 13 November; |
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| | | (b) | at 8.55 am and 2.00 pm on Tuesday 20 November; |
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| | | (c) | at 11.30 am and 2.00 pm on Thursday 22 November; |
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| | | (d) | at 8.55 am and 2.00 pm on Tuesday 27 November; |
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| | | (e) | at 11.30 am and 2.00 pm on Thursday 29 November; |
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| | | (f) | at 8.55 am and 2.00 pm on Tuesday 4 December; |
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| | | (g) | at 11.30 am and 2.00 pm on Thursday 6 December; |
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| | | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | | | | | | | | | | Department for Business, Innovation and Skills; |
| | | | | | | Department for Communities and Local |
| | | | | | | Government; Department for Energy and |
| | | | | | | | | | | | | | Local Government Association; Association of |
| | | | | | | | | | | | | | Institute of Directors; Confederation of British |
| | | | | | | Industry; British Chamber of Commerce |
| | | | | | | Country Land and Business Association; British |
| | | | | | | Property Federation; British Council of |
| | | | | | | | | | | | | | Chartered Institute of Housing; Home Builders |
| | | | | | | Federation; National Housing Federation |
| | | | | | | Royal Institute of British Architects; Shelter |
| | | | | | | | | | | | | | Adrian Penfold (author of the Penfold Review of |
| | | | | | | | | | | | | | Royal Town Planning Institute; Town and |
| | | | | | | Country Planning Association; Planning Officers |
| | | | | | | | | | | | | | National Infrastructure Planning Association; |
| | | | | | | Energy UK; Broadband Stakeholder Group |
| | | | | | | Taylor Wessing LLP; Working Families; Trades |
| | | | | | | Union Congress; Chartered Institute of |
| | | | | | | Personnel and Development |
| | | | | | | English National Park Authorities Association; |
| | | | | | | Campaign to Protect Rural England; RSPB; |
| | | | | | | | | | | | | | National Trust; Friends of the Earth; Campaign |
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