Session 2015-16
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Other Bills before Parliament


 
 

Public Bill Committee Proceedings: 10 December 2015        

8

 

Housing and Planning Bill, continued

 
 

Zac Goldsmith

 

Boris Johnson

 

Mr Nick Hurd

 

Stephen Hammond

 

Mr David Burrowes

 

Dr Tania Mathias

 

James Berry

 

Bob Stewart

 

Paul Scully

 

Mark Field

 

Andrew Rosindell

 

Victoria Borwick

 

Robert Neill

 

Dame Angela Watkinson

 

Bob Blackman

 

Mark Prisk

 

Not called  NC1

 

To move the following Clause—

 

         

“Target for new affordable housing provision in Greater London

 

The Secretary of State, the Mayor of London and local housing authorities in

 

Greater London as defined by section 2 of the London Government Act 1963

 

shall jointly have a duty to achieve the provision of at least two new units of

 

affordable housing to be provided within Greater London in return for the

 

disposal of each unit of high value housing in Greater London as defined under

 

section 62.”

 


 

Gareth Thomas

 

Withdrawn  NC9

 

To move the following Clause—

 

         

“Duty to promote lending to small and medium sized house builders

 

(1)    

The Secretary of State shall have a duty to promote lending by banks to small and

 

medium sized house builders.

 

(2)    

A small or medium sized builder in subsection (1) is a builder that has fewer than

 

250 employees.”

 


 

Gareth Thomas

 

Withdrawn  NC10

 

To move the following Clause—

 

         

“Planning obligations in respect of apprenticeships

 

In section 106 of the Town and Country Planning Act 1990 (planning

 

obligations), after subsection (12) insert—

 

“(12A)    

The Secretary of State may by regulations require planning obligations to include

 

a requirement to offer apprenticeships to local people on sites where 50 or more

 

dwellings are to be constructed.””

 



 
 

Public Bill Committee Proceedings: 10 December 2015        

9

 

Housing and Planning Bill, continued

 
 

Gareth Thomas

 

Not called  NC11

 

To move the following Clause—

 

         

“Tenant Management Organisations

 

All industrial and provident societies and housing associations registered with the

 

Homes and Communities Agency as tenant management organisations shall—

 

(a)    

be exempt from implementing, or facilitating the implementation of, the

 

right to buy; and

 

(b)    

not accept grants made by the Secretary of State in respect of right to buy

 

discounts.”

 


 

Jim Fitzpatrick

 

Dr Roberta Blackman-Woods

 

Withdrawn  NC12

 

To move the following Clause—

 

         

“Tenants’ rights to new management in property sold under LSVT

 

(1)    

This section applies to housing which—

 

(a)    

was previously owned by a local authority;

 

(b)    

was part of a large scale voluntary transfer falling within the definition of

 

section 32(4AB) of the Housing Act 1985; and

 

(c)    

the disposal of which was subject to the consent of the Secretary of State

 

under section 32 of the 1985 Act.

 

(2)    

Where the transfer took place more than five years before this section comes into

 

operation the current owner of the transferred housing shall consult the current

 

tenants on their satisfaction with the management of that property.

 

(3)    

Where the transfer took place less than five years after this section comes into

 

operation the current owner of the transferred housing shall not more than every

 

five years consult the current tenants on their satisfaction with the management

 

of that property.

 

(4)    

If more than 50% of tenants responding to the consultation under subsections (2)

 

or (3) are dissatisfied with the management of the property, the owner of the

 

housing must carry out a competitive tender for the management of the property

 

and report the outcome to the tenants.”

 


 

Jim Fitzpatrick

 

Dr Roberta Blackman-Woods

 

Withdrawn  NC13

 

To move the following Clause—

 

         

“Conversion of leasehold to commonhold for interdependent properties

 

(1)    

On 1 January 2020 long leases of residential property in interdependent properties

 

shall cease to be land tenure capable of conveyance.


 
 

Public Bill Committee Proceedings: 10 December 2015        

10

 

Housing and Planning Bill, continued

 
 

(2)    

On 1 January 2020 long leases as set out in subsection (1) shall become

 

commonholds to which Part 1 of the Commonhold and Leasehold Reform Act

 

2002 (“the 2002 Act”) shall apply, subject to the modifications set out in this

 

section.

 

(3)    

Leaseholders, freeholders and those with an interest in an interdependent property

 

are required to facilitate the transfer to commonhold, in particular they shall:

 

(a)    

by 1 January 2018 draw-up an agreed plan for the transfer;

 

(b)    

by 1 October 2018 value any interests to be extinguished by the transfer

 

where the interest is held by a person who after transfer will not be a unit-

 

holder; and

 

(c)    

by 1 January 2019 draw up a commonhold community statement for the

 

purposes of—

 

(i)    

defining the extent of each commonhold unit;

 

(ii)    

defining the extent of the common parts and their respective

 

uses;

 

(iii)    

defining the percentage contributions that each unit will

 

contribute to the running costs of the building;

 

(iv)    

defining the voting rights of the members of the commonhold

 

association; and

 

(v)    

specifying the rights and duties of the commonhold association,

 

the unit-holders and their tenants.

 

(4)    

In any case where the parties at subsection (3) cannot or refuse to agree

 

arrangements to facilitate the transfer any of the parties can make an application

 

to the First-tier Tribunal (Property Chamber) for a determination of the matter.

 

(5)    

Section 3 [Consent] of the 2002 Act shall cease to have effect on 1 January 2017.

 

(6)    

In subsection (1) “long lease” means—

 

(a)    

a lease granted for a term certain exceeding 21 years, whether or not it is

 

(or may become) terminable before the end of that term by notice given

 

by the tenant or by re-entry or forfeiture; or

 

(b)    

a lease for a term fixed by law under a grant with a covenant or obligation

 

for perpetual renewal, other than a lease by sub-demise from one which

 

is not a long lease.”

 



 
 

Public Bill Committee Proceedings: 10 December 2015        

11

 

Housing and Planning Bill, continued

 
 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

Helen Hayes

 

Not called  NC14

 

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””

 


 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

Helen Hayes

 

Not called  NC15

 

To move the following Clause—

 

         

“Strengthening the Plan Led system

 

(1)    

In section 38 [Development plan] of the Planning and Compulsory Act 2004

 

subsection (6) after “considerations” insert “of exceptional importance””

 


 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

Helen Hayes

 

Not called  NC16

 

To move the following Clause—

 

         

“The Purpose of Planning

 

(1)    

In Part 2 (Local development) of the Planning and Compulsory Act 2004 insert—

 

“12A  

The Purpose of Planning

 

(1)    

The Purpose of Planning is the achievement of long-term sustainable

 

development and place making.

 

(2)    

Under this Act sustainable development and place making means

 

managing the use, development and protection of land and natural

 

resources in a way which enables people and communities to provide for

 

their legitimate social, economic and cultural wellbeing while sustaining


 
 

Public Bill Committee Proceedings: 10 December 2015        

12

 

Housing and Planning Bill, continued

 
 

the potential of future generations to meet their own needs and in

 

achieving sustainable development, development the local planning

 

authority 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 the

 

community;

 

(b)    

contribute to the sustainable economic development of the

 

community;

 

(c)    

contribute to the vibrant cultural and artistic development of the

 

community;

 

(d)    

protect and enhance the natural and historic environment;

 

(e)    

contribute to mitigation and adaptation to climate change in line

 

with the objectives of the Climate Change Act 2008;

 

(f)    

positively promote high quality and inclusive design;

 

(g)    

ensure that decision-making is open, transparent, participative

 

and accountable; and

 

(h)    

ensure that assets are managed for long-term interest of the

 

community.

 


 

Dr Roberta Blackman-Woods

 

Michael Dugher

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

Helen Hayes

 

Greg Mulholland

 

Not called  NC19

 

To move the following Clause—

 

         

“Granting of planning permission: change of use to residential use

 

After section 58 of the Town and Country Planning Act 1990, insert—

 

“58A  

Granting of planning permission: change of use to residential use

 

(1)    

Before planning permission is granted under section 58(1) for change of

 

use of a building to residential use as dwellinghouses, the body

 

considering granting planning permission must consider the impact of

 

noise and other factors from buildings which have been in continuous and

 

unchanged use for at least a year in the vicinity which would affect the

 

amenity and enjoyment of the residents of the dwellinghouses.

 

(2)    

Where planning permission is granted under section 58(1) for change of

 

use of a building to residential use as dwellinghouses, the permission

 

must include conditions imposed on the persons granted planning

 

permission in respect of the building changing use to—

 

(a)    

eliminate noise between the hours of 10pm and 6am from

 

neighbouring buildings which have been in continuous and

 

unchanged use for at least a year before the permission is given;

 

and


 
 

Public Bill Committee Proceedings: 10 December 2015        

13

 

Housing and Planning Bill, continued

 
 

(b)    

counteract any other impact seriously impairing the amenity and

 

enjoyment of the residents and prospective residents of the

 

dwellinghouses arising from neighbouring buildings which have

 

been in continuous and unchanged use for at least a year before

 

the permission is given.””

 


 

Dr Roberta Blackman-Woods

 

Michael Dugher

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

Helen Hayes

 

Greg Mulholland

 

Not called  NC20

 

To move the following Clause—

 

         

“Permitted development: change of use to residential use

 

Where the Secretary of State, in exercise of the powers conferred by sections 59,

 

60, 61, 74 or 333(7) of the Town and Country Planning Act 1990, makes a

 

General Permitted Development in respect of change of use to residential use as

 

dwellinghouses, the change must first be subject to prior approval in respect of

 

the impact of the amenity and enjoyment of the prospective residents of the

 

dwellinghouses arising from neighbouring buildings which have been in

 

continuous and unchanged use for at least a year before.”

 


 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

Sadiq Khan

 

Withdrawn  NC21

 

To move the following Clause—

 

         

“Planning obligations: local first-time buyers

 

After section 106 of the Town and Country Planning Act 1990 (planning

 

obligations) insert—

 

“106ZA 

Planning obligations in respect of local first-time buyers

 

(1)    

When granting planning permission under 70(1)(a), or permission in

 

principle under 70(1A)(a), for the construction of new dwellings for sale,

 

the local planning authority may require that a proportion of the

 

dwellings are marketed exclusively to local first-time buyers for a

 

specified period.


 
 

Public Bill Committee Proceedings: 10 December 2015        

14

 

Housing and Planning Bill, continued

 
 

(2)    

The “specified period” in subsection (1) must start no earlier than six

 

months before the new dwellings have achieved, or are likely to, practical

 

completion.

 

(3)    

“First-time buyer” in subsection (1) has the meaning given by section

 

57AA(2) of the Finance Act 2003.

 

(4)    

The Secretary of State may by regulations—

 

(a)    

define the “specified period” in subsection (1);

 

(b)    

define “local” in subsection (1), and

 

(c)    

the definition “local” may vary according to specified

 

circumstances.

 

(5)    

The regulations in subsection (4) so far as they apply to local planning

 

authorities in Greater London will not apply to these authorities unless

 

the Secretary of State has consulted and received the consent of the

 

Greater London Authority.””

 


 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

Withdrawn  NC22

 

To move the following Clause—

 

         

“Security of tenure

 

After section 19A of the Housing Act 1988 insert—

 

“Section 19B: minimum length of certain assured shorthold tenancy

 

(1)    

Any assured shorthold tenancy (other than one where the landlord is a

 

private registered provider of social housing) granted on or after April 1,

 

2018 must be for a fixed term of at least thirty six months. It is an implied

 

term of such a tenancy that the tenant may terminate the tenancy by

 

giving two months’ written notice to the landlord.”

 

(2)    

In section 21 Housing Act 1988 insert—

 

“(4ZA)    

In the case of a dwelling-house in England no notice under

 

subsection (4) may be given for thirty six months after the

 

beginning of the tenancy.””

 



 
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Revised 11 December 2015