|
|
| |
| |
|
| | (5) | A determination under subsection (4) must be published in such |
|
| | manner as the Mayor of London thinks appropriate. |
|
| | (6) | If the permission is withdrawn because the Mayoral development |
|
| | order is revoked by an order made by the Secretary of State under |
|
| | section 61DD, the order under that section may provide that |
|
| | subsection (3) is not to apply in relation to development specified in |
|
| | |
| | (7) | If the permission is withdrawn because the order is revised as |
|
| | mentioned in subsection (2)(b), the revised order may provide that |
|
| | subsection (3) is not to apply in relation to development specified in |
|
| | |
| | (8) | The power under this section to include provision in an order under |
|
| | section 61DD or a Mayoral development order may be exercised |
|
| | differently for different purposes.” |
|
| | |
| | 2 | The Town and Country Planning Act 1990 is amended as follows. |
|
| | 3 | In section 56(5)(a) (time when development begun where planning permission |
|
| | granted by general or local development order) for “or a local development |
|
| | order” substitute “, a local development order or a Mayoral development |
|
| | |
| | 4 | In section 57(3) (planning permission not required for normal use of land |
|
| | where planning permission for development of land granted by development |
|
| | order etc) after “a local development order” insert “, a Mayoral development |
|
| | |
| | 5 | In section 58(1) (planning permission may be granted by development order |
|
| | etc) after “a local development order” insert “, a Mayoral development order”. |
|
| | 6 | In section 62(2A) (applications for planning permission: references in |
|
| | subsections (1) and (2) to applications for planning permission to include |
|
| | applications under section 61L(2)) after “references to” in the second place |
|
| | |
| | (a) | applications for consent, agreement or approval as mentioned |
|
| | |
| | |
| | 7 | In section 65(3A) (notice etc of applications for planning permission: |
|
| | references in subsections (1) and (3) to applications for planning permission |
|
| | etc to include applications under section 61L(2) etc) after “references to” in the |
|
| | |
| | (a) | any application for consent, agreement or approval as |
|
| | mentioned in section 61DB(2) or any applicant for such |
|
| | consent, agreement or approval, and |
|
| | |
| | 8 (1) | Section 69 (register of applications etc) is amended as follows. |
|
| | (2) | In subsection (1) (duty of local planning authority to keep register containing |
|
| | information about planning applications etc) after paragraph (c) insert— |
|
| | “(cza) | Mayoral development orders;”. |
|
| | (3) | In subsection (2)(b) (requirement for register to contain information about |
|
| | local development orders etc) after “local development order,” insert “Mayoral |
|
| | |
|
|
| |
| |
|
| | 9 (1) | Section 71 (consultations in connection with determinations under section 70) |
|
| | |
| | (2) | In subsection (2ZA) (references in subsections (1) and (2) to applications for |
|
| | planning permission to include applications under section 61L(2)) after |
|
| | “references to” in the second place insert “— |
|
| | (a) | an application for consent, agreement or approval as |
|
| | mentioned in section 61DB(2), and |
|
| | |
| | (3) | In subsection (3A) (disapplication of consultation requirement relating to |
|
| | caravan sites in case of neighbourhood development order) after “granted by” |
|
| | insert “a Mayoral development order or”. |
|
| | 10 | In section 74(1ZA) (directions etc as to method of dealing with applications: |
|
| | references in subsections (1)(c) and (f) to planning permission etc to include |
|
| | approvals under section 61L(2) etc)— |
|
| | (a) | in paragraph (a) after “reference to” in the second place insert “— |
|
| | (i) | a consent, agreement or approval as |
|
| | mentioned in section 61DB(2), and |
|
| | |
| | (b) | in paragraph (b) after “references to” in the second place insert “— |
|
| | (i) | applications for consent, agreement or |
|
| | approval as mentioned in section 61DB(2), |
|
| | |
| | |
| | 11 | In section 77(1) (reference of applications to the Secretary of State)— |
|
| | (a) | for “approval” substitute “consent, agreement or approval”, and |
|
| | (b) | after “a local development order” insert “, a Mayoral development |
|
| | |
| | 12 | In section 78(1)(c) (right of appeal against refusal of application for approval |
|
| | under development order etc.) after “a local development order” insert “, a |
|
| | Mayoral development order”. |
|
| | 13 | In section 88(9) (provision for permission for development in enterprise zones |
|
| | does not prevent planning permission from being granted by other means) after |
|
| | “a local development order” insert “, a Mayoral development order”. |
|
| | 14 | In section 91(4)(a) (provisions about general condition limiting duration of |
|
| | planning permission do not apply to permission granted by development order |
|
| | etc) after “a local development order” insert “, a Mayoral development order”. |
|
| | 15 (1) | Section 108 (compensation for refusal etc of planning permission formerly |
|
| | granted by development order etc) is amended as follows. |
|
| | (2) | In the heading after “local development order” insert “, Mayoral development |
|
| | |
| | |
| | (a) | in paragraph (a) after “a local development order” insert “, a Mayoral |
|
| | |
| | (b) | after “the local development order” insert “, the Mayoral development |
|
| | |
| | (4) | After subsection (1) insert— |
|
| | “(1A) | Where section 107 applies in relation to planning permission granted |
|
| | by a Mayoral development order— |
|
| | (a) | subsection (1) of that section has effect as if it provided for a |
|
| | claim to be made to, and compensation to be paid by, the |
|
| | Mayor of London rather than the local planning authority, and |
|
|
|
| |
| |
|
| | (b) | subject to subsection (1B), sections 109 to 112 have effect |
|
| | where compensation is payable by the Mayor of London |
|
| | under section 107(1) as if references to the local planning |
|
| | authority (however expressed) were references to the Mayor |
|
| | |
| | (1B) | Subsection (1A)(b) does not apply to section 110(2) or (4).” |
|
| | |
| | (a) | after “a local development order” insert “, a Mayoral development |
|
| | |
| | (b) | after “revocation” in both places insert “, revision”. |
|
| | (6) | In subsection (3B) after paragraph (b) insert— |
|
| | “(ba) | in the case of planning permission granted by a Mayoral |
|
| | development order, the condition in subsection (3DA) is met, |
|
| | |
| | (7) | After subsection (3D) insert— |
|
| | “(3DA) | The condition referred to in subsection (3B)(ba) is that— |
|
| | (a) | the planning permission is withdrawn by the revocation or |
|
| | revision of the Mayoral development order, |
|
| | (b) | notice of the revocation or revision was published in the |
|
| | prescribed manner not less than 12 months or more than the |
|
| | prescribed period before the revocation or revision took |
|
| | |
| | |
| | (i) | the development authorised by the Mayoral |
|
| | development order had not begun before the notice |
|
| | |
| | (ii) | section 61DE(3) applies in relation to the |
|
| | |
| | 16 | In section 109(6) (apportionment of compensation for depreciation: |
|
| | interpretation) in the definition of “relevant planning decision” after “the local |
|
| | development order” insert “, the Mayoral development order”. |
|
| | 17 | In section 171H(1)(a) (compensation for temporary stop notice: application |
|
| | where activity authorised by development order etc) after “a local |
|
| | development order” insert “, a Mayoral development order”. |
|
| | 18 | In section 264(5)(ca) (land which is treated as operational land of a statutory |
|
| | undertaker by virtue of planning permission for its development granted by a |
|
| | local development order etc) after “a local development order” insert “, a |
|
| | Mayoral development order”. |
|
| | 19 (1) | Section 303 (fees for planning applications etc) is amended as follows. |
|
| | (2) | After subsection (1) insert— |
|
| | “(1ZA) | The Secretary of State may by regulations make provision for the |
|
| | |
| | (a) | the Mayor of London in respect of an application for consent, |
|
| | agreement or approval as mentioned in section 61DB(2) or the |
|
| | giving of advice about such an application; |
|
| | (b) | a specified person in respect of an application for consent, |
|
| | agreement or approval for which provision is made under |
|
| | section 61DB(4) or the giving of advice about such an |
|
| | |
|
|
| |
| |
|
| | (3) | After subsection (10) insert— |
|
| | “(10A) | If the Mayor of London or a specified person calculates the amount of |
|
| | fees in pursuance of provision made by regulations under subsection |
|
| | (1ZA) the Mayor of London or the specified person must secure that, |
|
| | taking one financial year with another, the income from the fees does |
|
| | not exceed the cost of performing the function.” |
|
| | (4) | After subsection (11) insert— |
|
| | “(12) | In this section “specified person” means a person specified by |
|
| | development order under section 61DB(4).” |
|
| | 20 | In section 305(1)(a) (contributions by Ministers towards compensation paid by |
|
| | local authorities) after “local authority” insert “, the Mayor of London”. |
|
| | 21 | In section 324 (rights of entry) after subsection (1A) insert— |
|
| | “(1B) | Any person duly authorised in writing by the Secretary of State, a local |
|
| | planning authority or the Mayor of London may at any reasonable time |
|
| | enter any land for the purpose of surveying it in connection with— |
|
| | (a) | a proposal by a local planning authority to apply to the Mayor |
|
| | of London for the Mayor to make a Mayoral development |
|
| | |
| | (b) | a proposal by the Mayor of London to make a Mayoral |
|
| | |
| | 22 (1) | Section 333 (regulations and orders) is amended as follows. |
|
| | (2) | In subsection (4) after “61A(5)” insert “, 61DD(4),”. |
|
| | (3) | In subsection (5) after “Wales),” insert “61DD(4),”. |
|
| | 23 | In section 336(1) (interpretation) at the appropriate place insert— |
|
| | ““relevant local planning authority” is to be construed in accordance with |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment makes detailed provision about Mayoral development orders as described in |
|
| | amendment NC8. It also contains consequential amendments to the Town and Country Planning |
|
| | |
| |
| Clause 46, page 52, line 32, after “17” insert “, (Mayoral development orders)” |
|
| | Member’s explanatory statement
|
|
| | This amendment applies the affirmative procedure to regulations under the new clause in |
|
| | amendment NC8 where the regulations amend, repeal or modify the application of an Act. |
|
| |
| Clause 47, page 53, line 27, leave out first “section” and insert “sections (Mayoral |
|
| development orders)(2) to (4) and” |
|
| | Member’s explanatory statement
|
|
| | This amendment provides for the power to make regulations in the new clause in amendment NC8 |
|
| | to extend to England and Wales only. |
|
| |
| Clause 47, page 53, line 32, after “45” insert “, section (Reimbursement of persons |
|
|
|
| |
| |
|
| who have met expenses of making electrical connections)” |
|
| | Member’s explanatory statement
|
|
| | This amendment makes provision for the new clause inserted by amendment NC9 to extend to |
|
| | England and Wales and Scotland. |
|
| |
| Clause 48, page 54, line 16, after “passed,” insert— |
|
| | “(ca) | section (Mayoral development orders) and Schedule (Mayoral |
|
| | development orders) come into force— |
|
| | (i) | in so far as they confer power to make provision by regulations |
|
| | or by development order within the meaning of the Town and |
|
| | Country Planning Act 1990, on the day on which this Act is |
|
| | |
| | (ii) | for all other purposes, on such day as the Secretary of State |
|
| | appoints by regulations,” |
|
| | Member’s explanatory statement
|
|
| | This amendment and amendment 43 make provision about the commencement of the new clause |
|
| | inserted by amendment NC8 and the new Schedule inserted by amendment NS1. |
|
| |
| Clause 48, page 54, line 26, after “37” insert “, section (Reimbursement of persons |
|
| who have met expenses of making electrical connections)” |
|
| | Member’s explanatory statement
|
|
| | This amendment makes provision for the new clause inserted by amendment NC9 to come into |
|
| | force on the day appointed by the Secretary of State in regulations. |
|
| |
| Clause 48, page 54, line 31, leave out “or (b)(ii)” and insert “, (b)(ii) or (ca)(ii)” |
|
| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 41 also applies to this amendment. |
|
| |
| Title, line 15, after “incentives;” insert “to make provision about the reimbursement of |
|
| persons who have paid for electricity connections;” |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequential on amendment NC9. |
|
| |
| | |
| | To move the following Clause— |
|
| | | “Power to abolish Public Works Loan Commissioners |
|
| | In the Public Bodies Act 2011, in Schedule 1 (power to abolish: bodies and |
|
| | offices), after “Plant Varieties and Seeds Tribunal.” insert— |
|
| | | “Public Works Loan Commissioners.”” |
|
| | Member’s explanatory statement
|
|
| | This new clause enables a Minister of the Crown or the Commissioners for Her Majesty’s Revenue |
|
| | and Customs, following a statutory consultation process, to make an order under the Public Bodies |
|
|
|
| |
| |
|
| | Act 2011 abolishing the board of Public Works Loan Commissioners and transferring its functions |
|
| | |
| |
| Clause 47, page 53, line 35, at end insert— |
|
| | “( ) | Part 5A (Public Works Loan Commissioners) extends to England and Wales, |
|
| | Scotland and Northern Ireland.” |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequential on NC10. The reference to Part 5A is a reference to a new Part |
|
| | expected to be formed by NC10. |
|
| |
| Clause 48, page 54, line 29, at end insert— |
|
| | “( ) | Part 5A (Public Works Loan Commissioners) comes into force at the end of the |
|
| | period of two months beginning with the day on which this Act is passed.” |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequential on NC10. The reference to Part 5A is a reference to a new Part |
|
| | expected to be formed by NC10. |
|
| |
| Title, line 15, after “incentives;” insert “to make provision for enabling the Public Works |
|
| Loan Commissioners to be abolished;” |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequential on NC10. |
|
| |
| Clause 25, page 24, line 29, leave out “or” and insert “to exercise a discretion, or |
|
| with the consent of the Secretary of State to allow” |
|
| |
| Clause 25, page 24, line 31, at end add “after consultation with the National |
|
| Infrastructure Commission” |
|
| |
| | |
| | To move the following Clause— |
|
| | | “National Infrastructure Commission |
|
| | (1) | There shall be an independent National Infrastructure Commission. |
|
| | (2) | The Secretary of State may by regulations provide for the appointment, duties, |
|
| | functions and staffing of the National Infrastructure Commission. |
|
| | (3) | Regulations made under subsection (2) may make provision for any |
|
| | consequential matter that the Secretary of State considers is necessary to establish |
|
| | the National Infrastructure Commission. |
|
| | (4) | Regulations made under subsection (2) shall be made by statutory instrument. |
|
| | (5) | A statutory instrument under this section shall not be made unless a draft of it has |
|
| | been laid before and approved by both Houses of Parliament.” |
|
|
|
| |
| |
|
| |
| Clause 26, page 25, line 6, at end insert “and where a local plan is in place” |
|
| |
| Clause 26, page 25, line 11, at end insert “except that it does not apply to any |
|
| condition designed to mitigate direct impacts on animal welfare, public amenity, health |
|
| and wellbeing, local infrastructure” |
|
| |
| Clause 26, page 26, line 9, at end insert “or where a planning performance |
|
| |
| |
| | |
| | To move the following Clause— |
|
| | | “Development Plan documents: accessible design |
|
| | In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of |
|
| | local documents) after subsection (1) insert— |
|
| | (1B) | Development Plan documents must (taken as a whole) include policies |
|
| | designed to secure inclusive design and accessibility for the maximum |
|
| | number of people including disabled people” |
|
| |
| Clause 27, page 26, line 32, at end insert— |
|
| | “( ) | The Secretary of State shall lay before Parliament regulations streamlining |
|
| | compulsory purchase order powers for HCAs and councils. |
|
| | ( ) | The powers of HCAs will be strengthened to enhance the delivery of housing |
|
| | |
| | ( ) | The Secretary of State should bring forward proposals to give councils the power |
|
| | to incentivise the building on land provided for development, including by the |
|
| | HCA, and allocated within a local plan, where it is not brought forward within |
|
| | five years. This should be applied only where land is voluntarily put into a plan |
|
| | and can be demonstrated to be deliverable and should be accompanied by a |
|
| | |
| |
| Clause 27, page 26, line 34, after “HCA”, insert “or councils” |
|
| |
| Clause 27, page 26, line 36, after “HCA”, insert “or councils” |
|
| |
| Clause 27, page 26, line 37, at end insert “provided that any designated property, |
|
| rights or liabilities to be transferred pursuant to a scheme— |
|
|