13157.1-4

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Lords Amendments to the Growth and Infrastructure Bill

LORDS amendments to the
Growth and Infrastructure Bill
[The page and line references are to HL Bill 72, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 14, leave out from second “is” to ““relevant” in line 16 and insert “major

development.

(2)
In this section—

(a)
“major development” means development of a description

prescribed by the Secretary of State;”
2
Page 2, line 41, at end insert—

“62B
Designation for the purposes of section 62A

(1)
An authority may be designated for the purposes of section 62A

only if—

(a)
the criteria that are to be applied in deciding whether to

designate the authority are set out in a document to which

subsection (2) applies,

(b)
by reference to those criteria, the Secretary of State considers

that there are respects in which the authority are not

adequately performing their function of determining

applications under this Part, and

(c)
the criteria that are to be applied in deciding whether to

revoke a designation are set out in a document to which

subsection (2) applies.

(2)
This subsection applies to a document if—

(a)
the document has been laid before Parliament by the

Secretary of State,

(b)
the 40-day period for the document has ended without

either House of Parliament having during that period

resolved not to approve the document, and

Bill 157

2

(c)
the document has been published (whether before, during

or after the 40-day period for it) by the Secretary of State in

such manner as the Secretary of State thinks fit.

(3)
In this section “the 40-day period” for a document is the period of

40 days beginning with the day on which the document is laid

before Parliament (or, if it is not laid before each House of

Parliament on the same day, the later of the two days on which it is

laid).

(4)
In calculating the 40-day period for a document, no account is to be

taken of any period during which—

(a)
Parliament is dissolved or prorogued, or

(b)
both Houses of Parliament are adjourned for more than four

days.”
3
Page 2, line 42, leave out “this section” and insert “section 62A”
4
Page 3, leave out lines 3 to 6
5
Page 3, line 7, leave out “this section” and insert “section 62A”
6
Page 3, line 9, at end insert—

“62C
Notifying parish councils of applications under section 62A(1)

(1)
If an application is made to the Secretary of State under section

62A(1) and a parish council would be entitled under paragraph 8 of

Schedule 1 to be notified of the application were it made to the local

planning authority, the Secretary of State must notify the council

of—

(a)
the application, and

(b)
any alteration to the application accepted by the Secretary of

State.

(2)
Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of

the Secretary of State under subsection (1) as they apply to duties of

a local planning authority under paragraph 8(1) of that Schedule.

(3)
An authority designated for the purposes of section 62A must

comply with requests from the Secretary of State for details of

requests received by the authority under paragraph 8(1) of

Schedule 1.””
After Clause 4
7
Insert the following new Clause—

“Development orders: development within the curtilage of a dwelling house

(1)
Section 61 of the Town and Country Planning Act 1990 (development

orders: supplementary provisions) is amended as follows.

(2)
After subsection (3) insert—

“(4)
Any development order or amendment to an existing development

order made after 1 January 2013 that grants planning permission for

development within the curtilage of a dwelling house shall not

3

apply within the jurisdiction of a local planning authority if that

authority has resolved that it shall not.””
8
Insert the following new Clause—

“Local development orders: repeal of pre-adoption intervention powers

(1)
The Town and Country Planning Act 1990 is amended as follows.

(2)
Section 61B(1) to (7) (Secretary of State or Welsh Ministers may call in

unadopted local development order for approval or may direct that it be

modified) cease to apply in relation to England.

(3)
Accordingly—

(a)
in section 61B(1) (power to call in unadopted order) after “local

planning authority” insert “in Wales,”, and

(b)
in section 61B(6) (power to direct that unadopted order be

modified) after “local development order” insert “being prepared

by a local planning authority in Wales”.

(4)
In section 61B, after subsection (7) insert—

“(7A)
Where a local development order is adopted by a local planning

authority in England, that authority must submit a copy of the

order to the appropriate authority as soon after the order’s

adoption as is reasonably practicable.”

(5)
In paragraph 1 of Schedule 4A (power to specify procedure for preparing

local development orders) after sub-paragraph (2) insert—

“(2A)
Sub-paragraph (2)(a) applies in relation to England as if for

“submission, approval, adoption,” there were substituted

“adoption, post-adoption submission,”.”

(6)
In Schedule 4A omit—

(a)
paragraph 4 (information about local development orders to be

included in English planning authorities’ monitoring reports under

section 35 of the Planning and Compulsory Purchase Act 2004), and

(b)
in paragraph 1(3), the words “35 or”.”
Clause 6
9
Page 7, line 10, after “to” insert “—

(a)
”
10
Page 7, line 10, at end insert “, and

(b)
where the determination relates to an application to which section

106BAA applies, any representations made by the Mayor of

London in accordance with that section.”
11
Page 7, line 14, after “(a)” insert “(and subject to section 106BAA(5))”
12
Page 7, line 26, at end insert—

“(11A)
This section and section 106BB do not apply in relation to an

English planning obligation if planning permission for the

development was granted wholly or partly on the basis of a policy

for the provision of housing on rural exception sites.”

4
13
Page 8, line 2, at end insert—

“106BAA
Duty to notify the Mayor of London of certain applications

under section 106BA

(1)
This section applies to an application under section 106BA(2) in

relation to a planning obligation where—

(a)
the application for the planning permission to which the

planning obligation relates was an application to which

section 2A applied (applications of potential strategic

importance relating to land in Greater London),

(b)
the application for planning permission was not determined

by the Mayor of London, and

(c)
pursuant to an order under section 2A or a development

order, the local planning authority that determined the

application for planning permission were required to

consult the Mayor of London in relation to that

determination.

(2)
A local planning authority that receive an application to which this

section applies must send a copy of the application to the Mayor of

London before the end of the next working day following the day

on which the application was received.


In this subsection, “working day” means a day which is not a

Saturday, Sunday, Bank Holiday or other public holiday.

(3)
The Mayor of London must notify the local planning authority

before the end of the period of 7 days beginning with the day on

which the application was received by the authority whether the

Mayor intends to make representations about the application.

(4)
Where pursuant to subsection (3) the Mayor of London notifies the

local planning authority that the Mayor intends to make

representations, those representations must be made before—

(a)
the end of the period of 14 days beginning with the day on

which the application was received by the authority, or

(b)
the end of such longer period as may be agreed in writing

between the authority and the Mayor.

(5)
Where this section applies, section 106BA(9)(b) applies as if it

required an authority to give notice of their determination to an

applicant within—

(a)
the period of 35 days beginning with the day on which the

application was received by the authority, or

(b)
such longer period as is agreed in writing between the

applicant and the authority.”
14
Page 9, line 44, leave out subsections (4) and (5) and insert—

“(4)
Sections 106BA, 106BAA and 106BB of the Town and Country Planning Act

1990, and subsection (5) of this section, are repealed at the end of 30 April

2016.

(5)
The Secretary of State may by order amend subsection (4) by substituting a

later date for the date for the time being specified in that subsection.

(6)
The Secretary of State may by order make transitional or transitory

provision or savings relating to any of the repeals made by subsection (4).”