House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

625

House of Commons

Notices of Amendments

given up to and including

Thursday 13 December 2012

New Amendments handed in are marked thus

Consideration of Bill

Growth and Infrastructure Bill, As Amended

Note

The amendments have been arranged in accordance with the Growth and

Infrastructure Bill (Programme No. 2)

New Clauses other than new clauses standing in the name of a minister of

the crown

Restriction of advertisements relating to property lettings

Mr Nicholas Brown

NC1

To move the following Clause:—

‘(1)
Local authorities in England which enjoy day-to-day responsibility for housing

policy within their local authority area may make by-laws restricting for all or

part of the authority the display of external advertisements concerning property

lettings.

(2)
It shall be an offence to display an external advertisement concerning property

lettings in areas or cases where the Local Planning Authority has, under

subsection (1), passed a by-law prohibiting external advertisements concerning

property letting.

(3)
A person found guilty of an offence under subsection (2) is liable, on summary

conviction, to a fine not exceeding level 4 on the standard scale.

Notices of Amendments: 13 December 2012
626

Growth and Infrastructure Bill, continued

(4)
A person found guilty of a second or subsequent offence under subsection (2) is

liable, on summary conviction, to a fine not exceeding level 5 on the standard

scale for each such offence.’.

Local authorities: powers relating to deemed consent

Mr Nicholas Brown

NC2

To move the following Clause:—

‘(1)
Part 2 Regulation 7 of the Town and Country Planning (Control of

Advertisements) (England) Regulations 2007 is amended as follows.

(2)
In item (1) delete “Secretary of State” and insert “local authority”.

(3)
In item (1) delete “upon a proposal made to her by the local authority”.

(4)
In item (1) delete “she” and insert “the local authority”.

(5)
In item (2) delete “Secretary of State” and insert “local authority”.

(6)
In item (3) delete “Secretary of State” and insert “local authority”.

(7)
In item (4) delete “Secretary of State” and insert “local authority”.

(8)
In item (5) delete “Secretary of State” and insert “local authority”.

(9)
In item (5b) delete “her” and insert “the local authority”.

(10)
In item (5c(i)) delete “she” and insert “the local authority”.

(11)
In item (5c(i)) delete “her” and insert “the local authority’s”.

(12)
In item (6) delete “Where the Secretary of State” to end, and insert “Where the

local authority makes a direction it shall send a copy of its reasons to every person

who has made a paragraph (3) representation.”.

(13)
In item (7) delete “unless the Secretary of State otherwise directs”.

Purpose of planning

Hilary Benn

Roberta Blackman-Woods

Ian Murray

NC5


To move the following Clause:—

‘In Part 2 of the Planning and Compulsory Purchase Act 2004 insert—

“13A
The Purpose of Planning

(1)
The purpose of the planning system is to positively promote the long term

spatial organisation of land in order to achieve sustainable development.

(2)
In the Planning Act 2008, sustainable development means managing the

use, development and protection of land and natural resources in a way,

or at a rate, which enables people and communities to provide for their

Notices of Amendments: 13 December 2012
627

Growth and Infrastructure Bill, continued

legitimate social, economic and cultural wellbeing while sustaining the

potential of future generations to meet their own needs by respecting

environmental limits.

(3)
In achieving sustainable development, planning should—

(a)
positively identify suitable land for development in line with the

economic, social and environmental objectives so as to improve

the quality of life, wellbeing and health of people and

communities;

(b)
contribute to sustainable economic development;

(c)
protect and enhance the natural and historic environment and

quality of existing communities and the countryside;

(d)
ensure long term sustainable patterns of resource use;

(e)
positively promote civic beauty through high quality and

inclusive design; and

(f)
ensure the planning system is open, transparent, participative and

accountable.”.’.

Local powers to establish permitted development rights

Hilary Benn

Roberta Blackman-Woods

Ian Murray

NC6


To move the following Clause:—

‘(1)
Section 57 of the Town and Country Planning Act 1990 is amended as follows.

(2)
In subsection (3) after second “order”, insert “issued by the local planning

authority”.

(3)
After subsection (3) insert—

“(3A)
Where a local planning authority proposes to make an order under this

section it shall first prepare—

(a)
a draft of the order; and

(b)
a statement of its reasons for making the order.

(3B)
The statement of reasons shall contain—

(a)
a description of the development which the order would permit;

and

(b)
a plan or statement identifying the land to which the order would

relate.

(3C)
Where a local planning authority has prepared a draft local development

order, it shall consult, in accordance with regulations, persons whose

interests it considers would be affected by the order.”.’.

Notices of Amendments: 13 December 2012
628

Growth and Infrastructure Bill, continued

Town and Country Planning Act 1990 pre-application case oversight

Hilary Benn

Roberta Blackman-Woods

Ian Murray

NC7


To move the following Clause:—

‘Section 74 of the Town and Country Planning Act 1990 (Directions etc. as to

method of dealing with applications) is amended by the addition of the following

paragraph at the end of subsection (1).

“(g)
for requiring the local planning authority, in relation to a proposed

application for planning permission for development of a type prescribed

by the order, to oversee (including by the giving of advice and opinions)

the preparations and consultation being made and carried out by the

applicant in relation to the proposed application, requiring the applicant

and any other person specified by the order to participate in the oversight

arrangements made by the local planning authority, including by

attendance at pre-application hearings conducted by or on behalf of the

authority, and requiring the payment of fees by the applicant for the

oversight arrangements for a maximum period to be set out in

regulations.”.’.

Pre-application stage of major infrastructure regime

Hilary Benn

Roberta Blackman-Woods

Ian Murray

NC8


To move the following Clause:—

‘Section 51 of the Planning Act 2008 (Advice for potential applicants and others)

is amended by the addition at the end of the following subsection—

“(5)
Regulations under subsection (3) may also make provision for the

oversight (including the giving of advice and opinions) by a person

appointed by the Secretary of State of the preparations being made by an

applicant in relation to a proposed application and the applicant’s

compliance with the provisions of this Part and those having effect under

it, and in doing so the regulations may require the applicant and any other

person to participate in the oversight arrangements made by the person

appointed by the Secretary of State, including by attendance at case

management conferences, and the payment of fees by the applicant and

for a maximum period to be set out in regulations.”.’.

Notices of Amendments: 13 December 2012
629

Growth and Infrastructure Bill, continued

Consents under Electricity Act 1989: powers of the Welsh Ministers

Jonathan Edwards

NC9


To move the following Clause:—

‘(1)
The Electricity Act 1989 is amended as follows.

(2)
After section 36C insert—

“36D
Consents under section 36 relating to generating stations in Wales

In relation to generating stations in Wales, sections 36 to 36C and

Schedule 8 (so far as it relates to sections 36 to 36C) have effect as if

references to the Secretary of State were references to the Welsh

Ministers.”.’.

Strategic housing market areas: duty to have regard to surveys

Martin Horwood

Nick Herbert

NC10


To move the following Clause:—

‘(1)
The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2)
In section 13 (survey of area), after subsection (2)(d), insert—

“(da)
the full, objectively assessed needs for market housing and

affordable housing in the area, clearly differentiating need from

demand and separately specifying the need for affordable

housing in dwelling numbers and land area (‘a survey of housing

need’);”.

(3)
In that section, before subsection (3) insert—

“(2A)
The Secretary of State may by regulations make provision as to the form,

content and methodology of a survey of housing need, including specific

requirements for assessment of both need (based on population and

household forecasts) and effective demand (based on the ability of

households to make demand effective with financial backing).

(2B)
A survey of housing need must specify the amount of new housing need,

over a 20-year period of assessment, that will only be met by affordable

provision.”.

(4)
In that section, in subsection (4) after “(4)”, insert “Subject to subsection (4A)”.

(5)
In that section after subsection (4), insert—

“(4A)
The Secretary of State may define strategic housing market areas for the

purposes of subsection (2)(da), and name local planning authorities to be

included within those areas.

(4B)
Where the Secretary of State defines a strategic housing market area

under subsection (4A), those local planning authorities named as being

within the area must co-operate in meeting their duties under subsection

(2)(da).”.

Notices of Amendments: 13 December 2012
630

Growth and Infrastructure Bill, continued

(6)
In section 19 (preparation of local development documents), after subsection

(2)(h), insert—

“(ha)
the survey of housing need prepared for the strategic housing

market area of which the authority forms part;”.

(7)
In section 37 (interpretation), after subsection (5B), insert—

“(5C)
‘Affordable housing’ means housing made available for people whose

needs are not adequately served by the commercial housing market (and

it is immaterial where or by whom the housing is or is to be provided);

(5D)
‘Market housing’ means any housing other than affordable housing.”’.

(8)
The Town and Country Planning Act 1990 is amended as follows.

(9)
In section 70 (determination of applications: general considerations) after

subsection (2)(a), insert—

“(aa)
the survey of housing need for its area, so far as material to the

application.”.’.

Infrastructure requirement

Nick Herbert

Martin Horwood

Nicholas Soames

Mr Crispin Blunt

Mr David Ruffley

Mr Henry Bellingham

Total signatories: 9

Mr Dominic Raab

Rebecca Harris

Zac Goldsmith

NC11


To move the following Clause:—

‘(1)
Section 39 of the Planning and Compulsory Purchase Act 2004 (sustainable

development) is amended as follows.

(2)
After subsection (2) insert—

“(2A)
The person or body must exercise the function with the objective of

identifying that there is, or will be, sufficient infrastructure to support

new development that is proposed in a development plan document, or in

a subsequent revision to a development plan document.”.

(3)
In subsection (3) omit “subsection (2)” and insert “subsections (2) and (2A)”.

(4)
After subsection (3) insert—

“(4)
In this section ‘infrastructure’ has the same meaning as in section 216 of

the Planning Act 2008.”.’.

Notices of Amendments: 13 December 2012
631

Growth and Infrastructure Bill, continued

Cumulative effects of development consents on climate change

Caroline Lucas

NC12


To move the following Clause:—

‘(1)
The Planning Act 2008 is amended as follows.

(2)
After section 13 (legal challenges relating to national policy statements) insert—

“13A
Cumulative effects

(1)
The Secretary of State shall publish on [6 April each year] a report setting

out the cumulative effect of development consents granted under this Act

on the mitigation of and adaptation to, climate change.

(2)
A statement designated under section 5 must contain a statement to the

effect that it is the Secretary of State’s view that the requirement of

subsection (1) is ratified.”.’.

(3)
In section 105 (decisions in cases where no national policy statement has effect),

after subsection (2)(b), insert—

“(ba)
the cumulative effect of development consents on the mitigation

of, and adaptation to climate change set out in the report

published by the Secretary of State under section 13A;”.

(4)
In section 105, at the end add—

“(3)
For the purposes of subsection (2)(ba), the reference to the report

published by the Secretary of State under section 13A means the last

report published under that section.”.’.

Hilary Benn

Roberta Blackman-Woods

Ian Murray

42


Page  1,  line  2,  leave out Clause 1.

Secretary Eric Pickles

5

Page  2,  line  37  [Clause  1],  after ‘authority’, insert ‘or hazardous substances

authority’.



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