A
BILL
TO
Make provision for the clarification and improvement of local planning
procedures; to make provision in relation to housing supply; and for
connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1)
Notwithstanding sections 17 to 20 of the Town and Country Planning (Local
Planning) (England) Regulations 2012 the Secretary of State shall set out in
regulations the grounds for an appeal against a Local Plan.
(2)
5No appeal against a Local Plan on grounds not prescribed in regulations made
under subsection (1) shall be allowed.
(3)
Challenges against a Local Plan in development may only be brought during
the period the Plan is made available by the relevant local authority for public
inspection.
(4)
10A local authority may not consider any planning application made during the
period of consultation on a Local Plan that would conflict with the contents of
the Plan until the Plan is adopted.
(5)
No challenge may be brought against a Local Plan for a period of 5 years
following the date on which the Plan is adopted.
(1)
Notwithstanding section 14 of the Neighbourhood Planning (General)
Regulations 2012, the Secretary of State shall set out in regulations the grounds
for an appeal against a Neighbourhood Plan.
(2)
No appeal against a Neighbourhood Plan on grounds not prescribed in
20regulations made under subsection (1) shall be allowed.
Local Planning and Housing BillPage 2
(3)
Challenges against a Neighbourhood Plan in development may only be
brought during the period the Plan is made available by the relevant local
authority for public inspection.
(4)
A local authority may not consider any planning application made during the
5period of consultation on a Neighbourhood Plan that would conflict with the
contents of the Plan until the Plan is adopted.
(1)
In drawing up housing supply forecasts to determine housing needs in Local
Plans a local authority must take into account a range of factors, including but
10not limited to—
(a) historic trends; and
(b) projected economic growth.
(2)
A local authority may only consider new planning applications to build
housing when there is no housing stock in its area.
(3)
15The Secretary of State shall make regulations on the method of calculating the
five year housing land supply, including, but not limited to, existing planning
permissions.
(1)
Section 40 of the Planning and Compulsory Purchase Act 2004 (local
20development orders) is amended as follows.
(2) After subsection (4) there is inserted—
“(4A)
A local development order must set out the detailed evidence base
which demonstrates the need for the proposed housing type.”
25Section 7 of the Growth and Infrastructure Act 2013 (Modification or discharge
of affordable housing requirements) is repealed.
(1)
All work on an approved site must be completed before planning permission
is granted for any further development on that site.
(2)
30For the purposes of subsection (1) “site” has the meaning given to it in
regulations required to be made under this Act by the Secretary of State.
(1)
Section 91 of the Town and Country Planning Act 1990 (general condition
limiting duration of planning permission) is amended as follows.
(2)
35In subsection (1)(a), for the words “three years” there are substituted the words
“nine months”.
Local Planning and Housing BillPage 3
(1)
Planning permission may not be granted for any greenfield or green belt sites
unless all brownfield land in the relevant local authority area that is suitable for
development has been developed and all necessary steps shall be taken to
5encourage the use of brownfield sites.
(2)
The Secretary of State must make regulations defining “greenfield” and
“brownfield” sites for the purposes of subsection (1).
(1)
The Secretary of State must make regulations defining sustainable housing
10development.
(2)
The definition of sustainable housing development in subsection (1) must
include, but not be limited to, “local necessity” in accordance with the
following criteria—
(a) the availability of locally accessible work;
(b) 15suitable infrastructure for leisure facilities;
(c) suitable infrastructure for education facilities;
(d) suitable infrastructure for health facilities;
(e) suitable infrastructure for public transport; and
(f) suitable infrastructure for roads.
(3)
20The Secretary of State must make regulations defining “local necessity” as set
out in subsection (2).
(1) The Planning and Compulsory Purchase Act 2004 is amended as follows.
(2) Section 18(3) is hereby repealed.
(3) 25After section 19(2)(j) there is inserted—
“(k) statements of community involvement.”
Section 320(2) of The Town and Country Planning Act 1990 is hereby repealed.
30The Secretary of State must commission a review of the role of the Planning
Inspectorate in relation to hearing appeals and lay the report of the review
before Parliament
(1)
Any power to make regulations under this Act is exercisable by statutory
35instrument.
(2)
A statutory instrument containing regulations under this Act may not be made
unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.
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In this Act—
“Local Plan” has the meaning given in Regulation 6 of the Town and
Country Planning (Local Planning) England Regulations 2012;
5“Neighbourhood Plan” has the meaning given in Regulation 5 of the
Neighbourhood Planning (General) Regulations 2012;
“Local Development Orders” has the meaning given in section 15 of the
Planning and Compulsory Purchase Act 2004;
“Statement of Community Involvement” has the meaning given in section
1018 of the Planning and Compulsory Purchase Act 2004.
(1) This Act may be cited as the Local Planning and Housing Act 2015.
(2) This Act extends to England and Wales only.