1

House of Commons

Notices of Amendments

given up to and including

Thursday 17 December 2015

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 74-106 and NC39-NC58

Consideration of Bill (Report Stage)

Housing and Planning Bill, As Amended

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in

accordance with the Housing and Planning Bill (Programme (No. 2)) Motion to be

proposed by Secretary Greg Clark.

New Clauses, New Schedules and Amendments relating to Part 1

Mrs Maria Miller

NC1

To move the following Clause—

“Building Control Standards for Starter Homes

(1)    

The Secretary of State shall by regulations require all starter homes meeting the

definition at section 2 to meet the requirements of this section.

(2)    

The requirements are that—

(a)    

the starter home complies with all the requirements of Building

Regulations currently applicable to the dwelling at the time of its

construction or adaptation;

(b)    

the starter home has been inspected by a Building Control Body in

compliance with the Building Control Performance Standards currently

applicable at the time of its construction or adaptation; and

Notices of Amendments: 17 December 2015                  

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Housing and Planning Bill, continued

(c)    

all records relating to all site inspections and assessments by the Building

Control Body regarding the home’s compliance with the Building

Regulations are made available to prospective buyers of the starter

home.”

Member’s explanatory statement

This new Clause would require all Starter Homes not only to be subject to the statutory regime of

building inspection controls, carried out in compliance with the Building Control Performance

Standards, but also to comply with a requirement for site inspection records and the assessment of

compliance to be made available to home buyers.

Alex Cunningham

NC2

To move the following Clause—

“Duty to meet the resilience objective

(1)    

The Secretary of State and planning authorities in exercising and performing the

powers and functions conferred or imposed by the provisions in Part 1 (New

homes in England) and Part 6 (Planning in England) of this Act shall exercise or

perform them in the manner which he or they consider is best calculated to further

the resilience objective at subsection (2).

(2)    

The resilience objective is—

(a)    

to secure the long-term resilience of housing developments as regards

environmental pressures, population growth and changes in consumer

behaviour, with particular regard to water supply management, sewerage

management, flood risk mitigation and waste disposal, and

(b)    

to secure steps for the purpose of meeting, in the long term, the need for

sustainable homes and communities, including by promoting—

(i)    

appropriate long-term planning and investment by relevant

parties, and

(ii)    

the taking of measures by the relevant parties to manage resource

use in sustainable ways, to achieve sustainable management of

water, and to increase resource efficiency so as to reduce

pressure on the natural environment.

(3)    

In this section, “relevant parties” includes—

(a)    

relevant undertakers, including licence holders and authorised suppliers,

as provided in the Gas Act 1986, the Electricity Act 1989 and the Water

Industries Act 1991; and

(b)    

individuals and bodies corporate who are seeking planning permission in

order to build houses.”

Member’s explanatory statement

This new Clause would provide a statutory duty on the Secretary of State and local authorities to

secure and promote the resilience of housing and other development.

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Housing and Planning Bill, continued

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

31

Clause  1,  page  1,  line  6,  after “promote”, insert “new homes across all tenures,

including”

Member’s explanatory statement

The amendment would change the purpose of the Bill to one that would enable the supply of more

housing across all tenures rather than just starter homes.

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

32

Clause  1,  page  1,  line  7,  at end insert “and the infrastructure needed to support such

developments”

Member’s explanatory statement

The amendment would ensure that additional housing is supported with adequate infrastructure.

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

33

Clause  2,  page  1,  line  12,  leave out “at a discount of at least 20% of the market

value” and insert “at a price no higher than is affordable to a household receiving the

median local household income, with affordability to be determined by the local

authority.”

Member’s explanatory statement

The amendment would ensure that starter homes are affordable at locally-determined rates of

income.

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

34

Clause  2,  page  1,  line  15,  at end insert—

“( )    

is not to be sold to buy-to-let investors”

Member’s explanatory statement

The amendment would exclude “Buy to Let Property ” from the definition of starter home.

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

35

Clause  2,  page  1,  line  15,  at end insert—

“( )    

is built on under-used or unviable brownfield sites not currently identified for

housing on public and private land, as determined by the local authority.”

Member’s explanatory statement

The amendment would limit starter homes to ‘exception sites’, as previously announced by the

Government.

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Housing and Planning Bill, continued

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

Sadiq Khan

37

Clause  2,  page  2,  line  10,  at end insert—

“(d)    

lives or works locally, with the definition of local to be defined by the

local authority or the Greater London Authority in London.”

Member’s explanatory statement

The amendment would ensure that a proportion of starter homes are available to local people.

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

38

Clause  2,  page  2,  line  22,  after “State”, insert “after consultation with the relevant

local authority or local authorities and the Mayor of London.”

Member’s explanatory statement

The amendment would provide that the price cap can only be amended after consultation with the

relevant local authorities and the Mayor of London.

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

39

Clause  2,  page  2,  line  25,  at end insert—

“the discount must remain in perpetuity.”

Member’s explanatory statement

The amendment would require the discount to remain in perpetuity.

Mr Gary Streeter

1

Clause  3,  page  2,  line  28,  after “starter homes” insert “or alternative affordable

home ownership products, such as rent to buy”

Member’s explanatory statement

This amendment would ensure that new developments provide a mix of affordable home ownership

products for first time buyers, to further widen opportunities for home ownership.

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

40

Clause  3,  page  2,  line  28,  at end insert “except where the local authority considers

that providing starter homes would prevent other types of affordable housing being built.”

Member’s explanatory statement

The amendment would enable local authorities to be able to ask for planning gain measures that

provide for a range of affordable homes other than starter homes.

Notices of Amendments: 17 December 2015                  

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Housing and Planning Bill, continued

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

41

Clause  4,  page  3,  line  13,  at end insert “and which has been subject to a full

assessment of the need for starter homes in the relevant local authority area.”

Member’s explanatory statement

The amendment would ensure that priority is not given to the provision of starter homes in a given

area before a full assessment of the number of such homes needed has taken place.

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

42

Clause  4,  page  3,  line  18,  at end insert—

“The regulations may provide that sites can be exempted from the requirement to promote

starter homes where a site has a scheme that—

(a)    

is a “build to rent” scheme;

(b)    

contains supported housing for younger people, older people, people

with special needs and people with disabilities;

(c)    

contains a homeless hostel;

(d)    

contains refuge accommodation; or

(e)    

contains specialist housing.”

Member’s explanatory statement

The amendment would remove sites from the starter homes requirement where other types of

affordable housing has already been planned for.

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

43

Clause  5,  page  3,  line  31,  at end insert “which must be displayed on the authority’s

website and updated annually, contain information on all types of affordable housing, and

include information that starter homes remain to be sold at 20% below market value.”

Member’s explanatory statement

The amendment would require local planning authorities to report on their functions in respect of

starter homes, affordable housing more generally, and that starter homes remain to be sold below

market value annually and to publish the report.

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

44

Clause  5,  page  3,  line  40,  at end insert “and to demonstrate that the land in question

is not needed for employment, retail, leisure, industrial or distribution use.”

Member’s explanatory statement

The amendment would empower the Secretary of State to require data on the extent to which land

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Housing and Planning Bill, continued

used for starter homes was not needed for employment, retail, leisure, industrial or distribution

use.

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

45

Page  4,  line  1,  leave out Clause 6

Member’s explanatory statement

The amendment would remove Clause 6 from the Bill.

Mr Gary Streeter

2

Clause  6,  page  4,  line  4,  after “starter homes” insert “or alternative affordable

home ownership products such as rent to buy”

Member’s explanatory statement

This amendment would ensure that new developments provide a mix of affordable home ownership

products for first time buyers, to further widen opportunities for home ownership.

John Healey

Dr Roberta Blackman-Woods

Teresa Pearce

46

Clause  8,  page  5,  line  36,  at end insert “and without unreasonable cost.”

Member’s explanatory statement

The amendment would prevent local authorities having to bring forward sites that are deemed to

be at an unreasonable cost.

New clauses, new schedules and amendments relating to the following:

(a) Chapter 3 of Part 4; (b) the recovery of social housing assistance; (c)

the insolvency of social housing providers; (d) Part 2; (e) Part 3

Secretary Greg Clark

NC6

To move the following Clause—

“Reducing social housing regulation

Schedule (Reducing social housing regulation) contains amendments to reduce

the regulation of social housing.”

Member’s explanatory statement

This new Clause and NS1 make various amendments to reduce the regulation of social housing.

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Housing and Planning Bill, continued

Secretary Greg Clark

NS1

To move the following Schedule—

“Reducing social housing regulation

Part 1

Removal of disposal consent requirements

Housing Act 1985 (c. 68)

1    (1)  

Section 171D of the Housing Act 1985 (consent to certain disposals of housing

obtained subject to the preserved right to buy) is amended as follows.

      (2)  

After subsection (2) insert—

“(2ZA)    

Subsection (2) does not apply to a disposal of land by a private

registered provider of social housing.”

      (3)  

In subsection (2A)—

(a)    

omit paragraph (a);

(b)    

in paragraph (b), for “any other” substitute “a”.

Housing Act 1988 (c. 50)

2          

The Housing Act 1988 is amended as follows.

3    (1)  

Section 81 (consent to certain disposals of housing obtained from housing

action trusts) is amended as follows.

      (2)  

In subsection (1), for “section 79(2)(za) or (a)” substitute “section 79(2)(a)”.

      (3)  

In subsection (3A)—

(a)    

omit paragraph (a);

(b)    

in paragraph (b), for “any other” substitute “a”.

      (4)  

In subsection (7), omit “section 148 or 172 of the Housing and Regeneration

Act 2008,”.

4    (1)  

Section 133 (consent to certain disposals of housing obtained from local

authorities) is amended as follows.

      (2)  

In subsection (1ZA)—

(a)    

omit paragraph (a);

(b)    

in paragraph (b), for “any other” substitute “a”.

      (3)  

For subsection (1B) substitute—

“(1B)    

This section does not apply if the original disposal was made to a

private registered provider of social housing.”

      (4)  

In subsection (7), omit “section 148 or 172 of the Housing and Regeneration

Act 2008,”.

Local Government and Housing Act 1989 (c. 42)

5    (1)  

Section 173 of the Local Government and Housing Act 1989 (consent to

certain disposals of housing obtained from new town corporations) is amended

as follows.