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| Growth And Infrastructure Bill
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| [Seventh and Eighth Sittings]
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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, at end 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 3, page 5, line 11, after ‘applies’ insert ‘subject to mitigating circumstances |
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| to include circumstances beyond the control of the holder of the inquiry or hearing’. |
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| Clause 3, page 5, line 16, at end add— |
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| | ‘(c) | to the costs of a local authority that is a party to a public local inquiry held |
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| | in England in pursuance of this Act where one or more other parties does |
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| | not attend the inquiry.’. |
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| Clause 4, page 5, line 23, leave out ‘reasonable’ and insert ‘appropriate’. |
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| Clause 4, page 5, line 25, leave out from ‘if’ to ‘that’ in line 26 and insert ‘the local |
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| planning authority considers’. |
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| Clause 5, page 5, line 31, after ‘(1)’, insert ‘Subject to subsection (1A),’. |
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| Clause 5, page 5, line 32, at end insert— |
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| | ‘(1A) | This section does not apply to planning obligations relating to article 1(5) land as |
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| | defined in the Town and Country Planning (General Permitted Development) |
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| | Order 1995 (S.I. 1995/418).’. |
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| Clause 5, page 5, line 34, after ‘may’, insert ‘after the expiry of the relevant |
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| Clause 5, page 5, line 38, leave out from ‘(c)’ to ‘in’ in line 40. |
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| Clause 5, page 5, line 42, 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 3, leave out ‘means’ and insert ‘is assessed by the local |
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| authority to be the foremost reason’. |
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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 9, at end insert— |
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| | ‘(3A) | An authority can only make a determination in accordance with subsection (3)(a) |
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| | (a) | it would not result in the development being in material conflict with the |
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| | strategic policies of the development plan, and |
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| | (b) | an alternative form of development in accordance with the development |
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| | plan would not be economically viable.’. |
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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 25, at end insert ‘or |
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| | ‘(e) | request that the requirement is to be met in part, or in full, by central |
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| | government funding allocated for the delivery of affordable homes’. |
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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 39, at end insert— |
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| | ‘(7A) | Where the local authority has reasonable grounds to believe that the value of the |
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| | land, on which planning consent with a planning obligation that contains an |
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| | affordable housing requirement is placed, has risen and the original obligation has |
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| | not been reasonably met at the end of one year they may— |
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| | (a) | determine that requirement is to have effect subject to modifications, |
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| | (b) | determine that the requirement is to be replaced with a different |
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| | affordable housing requirement, or |
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| | (c) | determine that the requirement will be subject to review within a given |
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| Clause 5, page 6, line 41, leave out ‘guidance issued by the Secretary of State;’ and |
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| insert ‘regulations, subject to consultation, setting out the criteria upon which viability, |
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| for the purposes of this section, is to be assessed. |
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| | (8A) | Regulations under subsection (8) 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 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 6, line 47, at end insert— |
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| | ‘(10A) | If, at the end of one year from the date set according to subsection (10) the |
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| | obligation as modified has not been met, the modification ceases to have effect |
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| | and the original obligation is reverted to.’. |
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| Clause 5, page 7, line 10, after ‘market’ insert ‘but not including requirements for |
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| land on the site to be reserved and transferred at nil cost to a local planning authority or |
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| registered provider of social housing’. |
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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 21, at end insert— |
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| | ‘“relevant period” means— |
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| | (a) | such period as may be prescribed; or |
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| | (b) | if no period is prescribed, the period of two years beginning with |
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| | the date of the planning permission for the development.’. |
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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, after ‘Secretary of State’, insert ‘subject to published |
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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 7, leave out lines 46 and 47 and insert— |
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| | ‘(6) | Sections 106BA(5)(c) (removal of requirement) and 106BA(5)(d) (discharge or |
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| | affordable housing requirement) do not apply under this section.’. |
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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, line 18, leave out ‘three years’ and insert ‘one year’. |
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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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| | Clause, as amended, Agreed to on division. |
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