House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

11

House of Commons

Tuesday 27 November 2012

Public Bill Committee Proceedings

Growth And Infrastructure Bill

[Seventh and Eighth Sittings]

Roberta Blackman-Woods

Ian Murray

Withdrawn  28

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

regulations’.

Roberta Blackman-Woods

Ian Murray

Not called  29

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

regulations’.

Roberta Blackman-Woods

Ian Murray

Not called  30

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

regulations’.

Roberta Blackman-Woods

Ian Murray

Not called  31

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

regulations’.

Roberta Blackman-Woods

Ian Murray

Not called  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

Not called  32

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

regulations’.

Public Bill Committee Proceedings: 27 November 2012
12

Growth And Infrastructure Bill, continued

Roberta Blackman-Woods

Ian Murray

Not called  33

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

regulations’.

Roberta Blackman-Woods

Ian Murray

Not called  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

Not called  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).’.

Clause Agreed to.

Roberta Blackman-Woods

Ian Murray

Withdrawn  61

Clause  3,  page  5,  line  11,  after ‘applies’ insert ‘subject to mitigating circumstances

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

Roberta Blackman-Woods

Ian Murray

Not called  62

Clause  3,  page  5,  line  16,  at end add—

‘(c)
to the costs of a local authority that is a party to a public local inquiry held

in England in pursuance of this Act where one or more other parties does

not attend the inquiry.’.

Clause Agreed to.

Roberta Blackman-Woods

Ian Murray

Withdrawn  63

Clause  4,  page  5,  line  23,  leave out ‘reasonable’ and insert ‘appropriate’.

Public Bill Committee Proceedings: 27 November 2012
13

Growth And Infrastructure Bill, continued

Roberta Blackman-Woods

Ian Murray

Not called  64

Clause  4,  page  5,  line  25,  leave out from ‘if’ to ‘that’ in line 26 and insert ‘the local

planning authority considers’.

Clause Agreed to.

Mr Nick Raynsford

Withdrawn  50

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

Mr Nick Raynsford

Not called  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).’.

Roberta Blackman-Woods

Ian Murray

Withdrawn  65

Clause  5,  page  5,  line  34,  after ‘may’, insert ‘after the expiry of the relevant

period’.

Roberta Blackman-Woods

Ian Murray

Withdrawn  67

Clause  5,  page  5,  line  38,  leave out from ‘(c)’ to ‘in’ in line 40.

Mr Nick Raynsford

Not called  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.’.

Roberta Blackman-Woods

Ian Murray

Not called  68

Clause  5,  page  6,  line  3,  leave out ‘means’ and insert ‘is assessed by the local

authority to be the foremost reason’.

Mr Nick Raynsford

Not called  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.

Public Bill Committee Proceedings: 27 November 2012
14

Growth And Infrastructure Bill, continued

(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.’.

Roberta Blackman-Woods

Ian Murray

Not called  69

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

‘(3A)
An authority can only make a determination in accordance with subsection (3)(a)

if it is satisfied that—

(a)
it would not result in the development being in material conflict with the

strategic policies of the development plan, and

(b)
an alternative form of development in accordance with the development

plan would not be economically viable.’.

Mr Nick Raynsford

Not called  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.’.

Roberta Blackman-Woods

Ian Murray

Withdrawn  70

Clause  5,  page  6,  line  25,  at end insert ‘or

‘(e)
request that the requirement is to be met in part, or in full, by central

government funding allocated for the delivery of affordable homes’.

Mr Nick Raynsford

Not called  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.’.

Roberta Blackman-Woods

Ian Murray

Not called  71

Clause  5,  page  6,  line  39,  at end insert—

‘(7A)
Where the local authority has reasonable grounds to believe that the value of the

land, on which planning consent with a planning obligation that contains an

affordable housing requirement is placed, has risen and the original obligation has

not been reasonably met at the end of one year they may—

(a)
determine that requirement is to have effect subject to modifications,

(b)
determine that the requirement is to be replaced with a different

affordable housing requirement, or

(c)
determine that the requirement will be subject to review within a given

time period.’.

Roberta Blackman-Woods

Ian Murray

Not called  72

Clause  5,  page  6,  line  41,  leave out ‘guidance issued by the Secretary of State;’ and

insert ‘regulations, subject to consultation, setting out the criteria upon which viability,

Public Bill Committee Proceedings: 27 November 2012
15

Growth And Infrastructure Bill, continued

for the purposes of this section, is to be assessed.

(8A)
Regulations under subsection (8) 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.’.

Michael Fallon

Nick Boles

Agreed to  34

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

Michael Fallon

Nick Boles

Agreed to  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.’.

Roberta Blackman-Woods

Ian Murray

Withdrawn  74

Clause  5,  page  6,  line  47,  at end insert—

‘(10A)
If, at the end of one year from the date set according to subsection (10) the

obligation as modified has not been met, the modification ceases to have effect

and the original obligation is reverted to.’.

Roberta Blackman-Woods

Ian Murray

Withdrawn  75

Clause  5,  page  7,  line  10,  after ‘market’ insert ‘but not including requirements for

land on the site to be reserved and transferred at nil cost to a local planning authority or

registered provider of social housing’.

Michael Fallon

Nick Boles

Agreed to  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.’.

Roberta Blackman-Woods

Ian Murray

Not called  66

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

‘“relevant period” means—

(a)
such period as may be prescribed; or

(b)
if no period is prescribed, the period of two years beginning with

the date of the planning permission for the development.’.

Public Bill Committee Proceedings: 27 November 2012
16

Growth And Infrastructure Bill, continued

Michael Fallon

Nick Boles

Agreed to  37

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

Roberta Blackman-Woods

Ian Murray

Not called  73

Clause  5,  page  7,  line  38,  after ‘Secretary of State’, insert ‘subject to published

criteria’.

Michael Fallon

Nick Boles

Agreed to  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

Agreed to  39

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

Michael Fallon

Nick Boles

Agreed to  40

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

Michael Fallon

Nick Boles

Agreed to  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.’.

Roberta Blackman-Woods

Ian Murray

Not called  76

Clause  5,  page  7,  leave out lines 46 and 47 and insert—

‘(6)
Sections 106BA(5)(c) (removal of requirement) and 106BA(5)(d) (discharge or

affordable housing requirement) do not apply under this section.’.

Public Bill Committee Proceedings: 27 November 2012
17

Growth And Infrastructure Bill, continued

Michael Fallon

Nick Boles

Agreed to  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

Agreed to  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

Agreed to  44

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

(8A)’.

Roberta Blackman-Woods

Ian Murray

Not called  77

Clause  5,  page  8,  line  18,  leave out ‘three years’ and insert ‘one year’.

Michael Fallon

Nick Boles

Agreed to  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

(b)
that subsection applies again to the obligation.’.

Clause, as amended, Agreed to on division.



© Parliamentary copyright	Revised 28 November 2012