Housing and Planning Bill (HC Bill 75)
SCHEDULE 4 continued
Housing and Planning BillPage 80
(a) the procedure for imposing financial penalties,
(b) appeals against financial penalties,
(c) enforcement of financial penalties, and
(d) guidance in respect of financial penalties.
(7)
5The Secretary of State may by regulations make provision about how
local housing authorities are to deal with financial penalties
recovered.
(8)
The Secretary of State may by regulations amend the amount
specified in subsection (3) to reflect changes in the value of money.
(9)
10For the purposes of this section a person’s conduct includes a failure
to act.””
5 After section 144—
“144A Financial penalty as alternative to prosecution: England only
(1)
The local housing authority may impose a financial penalty on a person if
15satisfied that the person’s conduct amounts to an offence under section
139(7) in respect of premises in England.
(2)
Only one financial penalty under this section may be imposed on a
person in respect of the same conduct.
(3)
The amount of a financial penalty imposed under this section is to be
20determined by the local housing authority, but must not be more
than £2,000.
(4)
The local housing authority may not impose a financial penalty in
respect of any conduct amounting to an offence under section 139(7)
if—
(a)
25the person has been convicted of an offence under that
section in respect of the conduct, or
(b)
criminal proceedings for the offence have been instituted
against the person in respect of the conduct and the
proceedings have not been concluded.
(5)
30If a local housing authority has imposed a financial penalty on a
person in respect of any conduct amounting to an offence under
section 139(7) the person may not be convicted of an offence under
that section in respect of the conduct.
(6) Schedule 2A deals with—
(a) 35the procedure for imposing financial penalties,
(b) appeals against financial penalties,
(c) enforcement of financial penalties, and
(d) guidance in respect of financial penalties.
(7)
The Secretary of State may by regulations make provision about how
40local housing authorities are to deal with financial penalties
recovered.
(8)
The Secretary of State may by regulations amend the amount
specified in subsection (3) to reflect changes in the value of money.
Housing and Planning BillPage 81
(9)
For the purposes of this section a person’s conduct includes a failure
to act.””
6 After Schedule 2 insert—
Sections 30A, 72A, 95A and 144A
““Schedule 2A Financial penalties under sections 30A, 72A, 95A and 144A
5Notice of intent
1
Before imposing a financial penalty on a person under
section 30A, 72A, 95A or 144A the local housing authority must
give the person notice of the authority’s proposal to do so (a
“notice of intent”).
2
(1)
10The notice of intent must be given before the end of the period of
6 months beginning with the first day on which the authority has
sufficient evidence of the conduct to which the financial penalty
relates.
(2)
But if the person is continuing to engage in the conduct on that
15day, and the conduct continues beyond the end of that day, the
notice of intent may be given—
(a) at any time when the conduct is continuing, or
(b)
within the period of 6 months beginning with the last day
on which the conduct occurs.
(3)
20For the purposes of this paragraph a person’s conduct includes a
failure to act.
3 The notice of intent must set out—
(a) the amount of the proposed financial penalty,
(b)
the reasons for proposing to impose the financial penalty,
25and
(c)
information about the right to make representations under
paragraph 4.
Right to make representations
4
(1)
A person who is given a notice of intent may make written
30representations to the local housing authority about the proposal
to impose a financial penalty.
(2)
Any representations must be made within the period of 28 days
beginning with the day after that on which the notice was given
(“the period for representations”).
35Final notice
5
After the end of the period for representations the local housing
authority must—
(a)
decide whether to impose a financial penalty on the
person, and
(b)
40if it decides to impose a financial penalty, decide the
amount of the penalty.
Housing and Planning BillPage 82
6
If the authority decides to impose a financial penalty on the
person, it must give the person a notice (a “final notice”) imposing
that penalty.
7
The final notice must require the penalty to be paid within the
5period of 28 days beginning with the day after that on which the
notice was given.
8 The final notice must set out—
(a) the amount of the financial penalty,
(b) the reasons for imposing the penalty,
(c) 10information about how to pay the penalty,
(d) the period for payment of the penalty,
(e) information about rights of appeal, and
(f) the consequences of failure to comply with the notice.
Withdrawal or amendment of notice
9 (1) 15A local housing authority may at any time—
(a) withdraw a notice of intent or final notice, or
(b)
reduce the amount specified in a notice of intent or final
notice.
(2)
The power in sub-paragraph (1) is to be exercised by giving notice
20in writing to the person to whom the notice was given.
Appeals
10
(1)
A person to whom a final notice is given may appeal against to the
First-tier Tribunal against—
(a) the decision to impose the penalty, or
(b) 25the amount of the penalty.
(2)
If a person appeals under this paragraph, the final notice is
suspended until the appeal is finally determined or withdrawn.
(3)
On an appeal under this paragraph the First-tier Tribunal may
confirm, vary or cancel the final notice.
(4)
30The final notice may not be varied under sub-paragraph (3) so as
to make it impose a financial penalty of more than the local
housing authority could have imposed.
Recovery of financial penalty
11
(1)
This paragraph applies if a person fails to pay the whole or any
35part of a financial penalty which, in accordance with this
Schedule, the person is liable to pay.
(2)
The local housing authority which imposed the financial penalty
may recover the penalty or part on the order of the county court as
if it were payable under an order of that court.
(3)
40In proceedings before the county court for the recovery of a
financial penalty or part of a financial penalty, a certificate which
is—
Housing and Planning BillPage 83
(a)
signed by the chief finance officer of the local housing
authority which imposed the penalty, and
(b)
states that the amount due has not been received by a date
specified in the certificate,
5is conclusive evidence of that fact.
(4)
A certificate to that effect and purporting to be so signed is to be
treated as being so signed unless the contrary is proved.
(5)
In this paragraph “chief finance officer” has the same meaning as
in section 5 of the Local Government and Housing Act 1989.
10Guidance
12
A local housing authority must have regard to any guidance given
by the Secretary of State about the exercise of its functions under
this Schedule or section 30A, 72A, 95A or 144A.””
Section 90
SCHEDULE 5 15Enfranchisement and extension of long leaseholds: calculations
Leasehold Reform Act 1967
1
(1)
In Schedule 1 to the Leasehold Reform Act 1967 (enfranchisement and
extension by sub-tenants), paragraph 7A is amended as follows.
(2) For sub-paragraph (1) substitute—
“(1)
20The price payable for a minor superior tenancy is to be calculated
in accordance with regulations made by the Secretary of State
instead of in accordance with section 9.””
(3) Omit sub-paragraphs (5) and (6).
(4) At the end insert—
“(7)
25Regulations under sub-paragraph (1) may include transitional
provision.
(8)
Regulations under sub-paragraph (1) are to be made by statutory
instrument.
(9)
A statutory instrument containing regulations under sub-
30paragraph (1) is subject to annulment in pursuance of a resolution
of either House of Parliament.””
(5)
The amendments made by this paragraph apply to cases where the relevant
time is—
(a) before this Act is passed, but
(b) 35on or after 11 July 2015,
as well as to cases where the relevant time is after this Act is passed.
(6)
The “relevant time” has the meaning given by section 37(1)(d) of the
Leasehold Reform Act 1967.
Housing and Planning BillPage 84
Leasehold Reform, Housing and Urban Development Act 1993
2
The Leasehold Reform, Housing and Urban Development Act 1993 is
amended as follows.
3
(1)
In Schedule 6 to the Leasehold Reform, Housing and Urban Development
5Act 1993 (purchase price), paragraph 7 is amended as follows.
(2) For sub-paragraph (2) substitute—
“(2)
The value of an intermediate leasehold interest which is the
interest of the tenant under a minor intermediate lease is to be
calculated in accordance with regulations made by the Secretary
10of State instead of in accordance with sub-paragraph (1).””
(3) In sub-paragraph (4)—
(a)
for “formula set out in sub-paragraph (7)” substitute “calculation
method mentioned in sub-paragraph (2)”;
(b)
for “by so applying the formula” substitute “in accordance with that
15method”.
(4) Omit sub-paragraphs (7) and (8).
(5)
The amendments made by this paragraph apply to cases where the relevant
date is—
(a) before this Act is passed, but
(b) 20on or after 11 July 2015,
as well as to cases where the relevant date is after this Act is passed.
(6)
The “relevant date” has the meaning given by section 1(8) of the Leasehold
Reform, Housing and Urban Development Act 1993.
4
(1)
In Schedule 13 (premium and other amounts payable by tenant on grant of
25new lease), paragraph 8 is amended as follows.
(2) For sub-paragraph (2) substitute—
“(2)
The value of an intermediate leasehold interest which is the
interest of the tenant under a minor intermediate lease is to be
calculated in accordance with regulations made by the Secretary
30of State instead of in accordance with sub-paragraph (1).””
(3) Omit sub-paragraphs (6) and (7).
(4)
The amendments made by this paragraph apply to cases where the relevant
date is—
(a) before this Act is passed, but
(b) 35on or after 11 July 2015,
as well as to cases where the relevant date is after this Act is passed.
(5)
The “relevant date” has the meaning given by section 39(8) of the Leasehold
Reform, Housing and Urban Development Act 1993.
Housing and Planning BillPage 85
Section 102
SCHEDULE 6
Permission in principle for development of land:
minor and consequential amendments
Town and Country Planning Act 1990 (c. 8)1990 (c. 8)
1 5The Town and Country Planning Act 1990 is amended as follows.
2
In section 2A (the Mayor of London: applications of potential strategic
importance), in subsections (1)(a) and (1B), after “planning permission”
insert “or permission in principle”.
3
In the heading before section 61W, after “planning permission” insert “or
10permission in principle”.
4
In section 61W (requirement to carry out pre-application consultation), in
subsection (1)(a), after “planning permission” insert “, or permission in
principle,”.
5
In section 61X (duty to take account of responses to consultation), in
15subsection (1)(a) and (b), after “planning permission” insert “or permission
in principle”.
6
In section 61Y (power to make supplementary provision), in subsection (1),
after “planning permission” insert “or permission in principle”.
7
In the heading before section 62, after “planning permission” insert “or
20permission in principle”.
8 (1) Section 62 (applications for planning permission) is amended as follows.
(2)
In the heading and in subsection (1), after “planning permission” insert “or
permission in principle”.
(3) In subsection (7)—
(a)
25after “the application for planning permission” insert “or permission
in principle”;
(b)
in paragraphs (a) and (b), after “planning permission” insert “or
permission in principle”.
9
In section 65 (notice etc of applications for planning permission), in the
30heading and in subsections (1)(a), (3), (5) and (8), after “planning
permission” insert “or permission in principle”.
10
In section 69 (register of applications etc), after paragraph (a) of subsection
(1) insert—
“(aza) applications for permission in principle;”.”
11
(1)
35Section 70 (determination of applications: general considerations) is
amended as follows.
(2)
In subsection (2), for “such an application” substitute “an application for
planning permission or permission in principle”.
(3)
In subsection (2A), for “Subsection (2)(b) does not” substitute “Subsections
40(1A), (2)(b) and (2ZA) to (2ZC) do not”.
12
(1)
Section 70A (power to decline to determine subsequent application) is
amended as follows.
Housing and Planning BillPage 86
(2) In subsection (5), after paragraph (a) insert—
“(aa)
an application for permission in principle for the
development of any land;”.”
(3)
In subsection (8), for “An application for planning permission is similar”
5substitute “Subject to subsection (9), an application is similar”.
(4) After that subsection insert—
“(9)
An application within subsection (5)(a) or (b) is not similar to an
earlier application within subsection (5)(aa).””
13
(1)
Section 70B (power to decline to determine overlapping application) is
10amended as follows.
(2)
In subsections (1) and (4A), after “planning permission” insert “, or
permission in principle,”.
(3) In subsection (5) omit “for planning permission”.
14
In section 70C (power to decline to determine retrospective application), in
15subsections (1) and (2), after “for planning permission” insert “or permission
in principle”.
15
In section 71 (consultation in connection with determinations under section
70), in subsection (1), after “planning permission” insert “or permission in
principle”.
16
20In section 71A (assessment of environmental effects), in subsection (1), after
“planning permission” insert “, or permission in principle,”.
17
(1)
Section 74 (directions etc as to method of dealing with applications) is
amended as follows.
(2) In subsection (1)—
(a)
25after “applications for planning permission” insert “, or permission
in principle,”;
(b)
in paragraphs (a), (c), (d) and (f), after “planning permission” insert
“or permission in principle”;
(c)
in paragraph (b), after “planning permission” insert “, or permission
30in principle,”.
(3) In subsection (1B)—
(a)
in paragraph (a), after “planning permission” insert “, or permission
in principle,”;
(b)
in paragraph (c), after “planning permission” insert “or permission
35in principle”.
18
In section 76C (provisions applying to applications made under section
62A), after subsection (2) insert—
“(2A)
Sections 65(5) and 70 to 70C apply, with any necessary modifications,
to an application for permission in principle made to the Secretary of
40State under section 62A as they apply to an application for
permission in principle which is to be determined by the local
planning authority.
(2B)
Any requirements imposed by a development order by virtue of
section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may
Housing and Planning BillPage 87
be applied by a development order, with or without modifications,
to an application for permission in principle made to the Secretary of
State under section 62A.””
19
In section 76D (deciding applications made under section 62A), in
5subsection (3), after “planning permission” insert “or permission in
principle”.
20
(1)
Section 77 (references of applications to Secretary of State) is amended as
follows.
(2)
In subsection (1), after “planning permission” insert “or permission in
10principle”.
(3)
In subsection (4), for the words from the beginning to “and a development
order” substitute “Subject to subsection (5)—
(a)
sections 70, 72(1) and (5), 73 and 73A shall apply, with any
necessary modifications, to an application for planning
15permission referred to the Secretary of State under this
section as they apply to an application for planning
permission which falls to be determined by the local
planning authority, and
(b)
section 70 shall apply, with any necessary modifications, to
20an application for permission in principle referred to the
Secretary of State under this section as it applies to an
application for permission in principle which falls to be
determined by the local planning authority;
and a development order”.”
21
25In section 78 (right of appeal against planning decisions and failure to take
such decision), in subsection (1), after paragraph (a) insert—
“(aa) refuse an application for permission in principle;”.”
22
(1)
Section 78A (appeal made: functions of local planning authorities) is
amended as follows.
(2) 30In subsection (1), after “section 78(1)(a)” insert “or (aa)”.
(3)
In subsection (4), for “to grant the application” substitute “to grant an
application mentioned in section 78(1)(a)”.
23 (1) Section 79 (determination of appeals) is amended as follows.
(2)
In subsection (4), for the words from the beginning to “and a development
35order” substitute “Subject to subsection (2)—
(a)
sections 70, 72(1) and (5), 73 and 73A and Part 1 of Schedule
5 shall apply, with any necessary modifications, in relation to
an appeal to the Secretary of State under section 78(1)(a), (b)
or (c) or (2) as they apply in relation to an application for
40planning permission which falls to be determined by the
local planning authority, and
(b)
section 70 shall apply, with any necessary modifications, in
relation to an appeal to the Secretary of State under section
78(1)(aa) or (2) as it applies in relation to an application for
45permission in principle which falls to be determined by the
local planning authority;
and a development order”.”
Housing and Planning BillPage 88
(3) After subsection (6) insert—
“(6ZA)
If, before or during the determination of such an appeal in respect of
an application for permission in principle to develop land, the
Secretary of State forms the opinion that, having regard to the
5provisions of section 70 and the development order, permission in
principle for that development could not have been granted by the
local planning authority, he may decline to determine the appeal or
to proceed with the determination.””
24
In the heading before section 97, after “planning permission” insert “or
10permission in principle”.
25
(1)
Section 97 (power to revoke or modify planning permission) is amended as
follows.
(2) In the heading, at the end insert “or permission in principle”.
(3)
In subsection (1), after “permission” insert “(including permission in
15principle)”.
(4)
In subsection (3)(a) and (b), for “where the permission” substitute “in the
case of planning permission that”.
(5) In subsection (4), for “permission” substitute “planning permission”.
26
In section 99 (procedure for section 97 orders: unopposed cases), in
20subsection (8)(a), after “planning permission” insert “or permission in
principle”.
27
(1)
In section 106BB (duty to notify the Mayor of London of certain applications
under section 106BA), in paragraphs (a), (b) and (c) of subsection (1), for
“planning permission” substitute “permission”.
(2) 25At the end of that subsection insert—
““In this subsection, “permission” means planning permission or
permission in principle.””
28
(1)
Section 107 (compensation where planning permission revoked or
modified) is amended as follows.
(2)
30In the heading and in subsection (1), after “planning permission” insert “or
permission in principle”.
(3)
In subsection (4), for “consisting” substitute “that is attributable to the
revocation or modification of planning permission and consists”.
29
(1)
Section 108 (compensation for refusal or conditional grant of planning
35permission formerly granted by development order etc) is amended as
follows.
(2) In the heading, after “planning permission” insert “etc”.
(3) After subsection (2A) insert—
“(2B) Where—
(a)
40permission in principle granted by a development order is
withdrawn by the revocation or amendment of the order, and
(b)
on an application made under Part 3 or section 293A before
the end of the period of 12 months beginning with the date on
Housing and Planning BillPage 89
which the revocation or amendment came into operation,
permission in principle is refused for development of a
description that is the same as, or falls within, that to which
the withdrawn permission in principle related,
5section 107 shall apply as if the permission in principle granted by
the development order had been granted by the local planning
authority under Part 3 or section 293A, and had been revoked or
modified by an order under section 97.””
(4)
In subsection (3), after “planning permission” insert “, or permission in
10principle,”.
(5)
In subsections (3B)(a) and (3C)(a), after “planning permission” insert “or
permission in principle”.
(6) In subsection (3C)(b), for “planning permission” substitute “permission”.
(7)
In subsection (3C)(d), before “either” insert “where the development order
15granted planning permission,”.
30
In section 109 (apportionment of compensation for depreciation), in the
definition of “relevant planning decision” in subsection (6), for “by which
planning permission is refused, or is granted” substitute “by which planning
permission or permission in principle is refused, or by which planning
20permission is granted”.
31
In section 284 (validity of development plans and certain orders, decisions
and directions), in subsection (3)(i), after “planning permission” insert “or
permission in principle”.
32
In section 286 (challenges to validity on ground of authority’s powers), in
25subsections (1)(a) and (2), after “planning permission” insert “or permission
in principle”.
33
In section 293 (application to Crown: definitions), in subsection (2A), after
“planning permission” insert “or permission in principle”.
34
(1)
Section 293A (urgent Crown development: application) is amended as
30follows.
(2)
In subsection (2), after “planning permission” (in both places) insert “or
permission in principle”.
(3)
In subsection (4)(a), after “planning permission” insert “, or (as the case may
be) permission in principle,”.
35
(1)
35Section 298A (application for planning permission by Crown) is amended as
follows.
(2) In the heading, after “planning permission” insert “etc”.
(3)
In subsection (1), after “for planning permission” insert “, for permission in
principle”.
36
40In section 303 (fees for planning applications etc), in subsection (4), after
“planning permission” insert “or permission in principle”.
37
In section 316 (land of interested planning authorities and development by
them), for subsection (7) substitute—
“(7) This section applies—