Session 2015-16
Internet Publications
Other Bills before Parliament


 
 

Notices of Amendments: 17 December 2015                  

56

 

Housing and Planning Bill, continued

 
 

         

“Neighbourhood right of appeal

 

(1)    

After section 78 of the Town and Country Planning Act 1990 (“the 1990 Act”)

 

insert—

 

“78ZA

 A neighbourhood right of appeal

 

(1)    

Where—

 

(a)    

a planning authority grants an application for planning

 

permission, and

 

(b)    

the application does not accord with policies in an emerging or

 

made neighbourhood plan in which the land to which the

 

application relates is situated, and

 

(c)    

the neighbourhood plan in subsection (1)(a) contains proposals

 

for the provision of housing development, certain persons as

 

specified in subsection (2) below may by notice appeal to the

 

Secretary of State.

 

(2)    

Persons who may by notice appeal to the Secretary of State against the

 

approval of planning permission in the circumstances specified in

 

subsection (1) above are any parish council or neighbourhood forum by

 

two thirds majority voting, as defined in Section 61F of the 1990 Act,

 

whose made or emerging neighbourhood plan includes all or part of the

 

area of land to which the application relates.

 

(3)    

In this section “emerging” means a neighbourhood plan that—

 

(a)    

has been examined,

 

(b)    

is being examined, or

 

(c)    

is due to be examined, having met the public consultation

 

requirements necessary to proceed to this stage.”

 

(2)    

Section 79 of the 1990 Act is amended as follows—

 

“(a)    

in subsection (2), leave out “either” and after “planning

 

authority”, insert “or the applicant (where different from the

 

appellant)”;

 

(b)    

in subsection (6), after “the determination”, insert “(except for

 

appeals as defined in section 78ZA and where the appellant is as

 

defined in sub-section 78ZA(2).””

 

Member’s explanatory statement

 

This new clause would give parish councils and neighbourhood forums rights of appeal in respect

 

of planning permission for development that did not accord with policies in an emerging or

 

finalised neighbourhood.

 

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

NC50

 

Parliamentary Star    

To move the following Clause—


 
 

Notices of Amendments: 17 December 2015                  

57

 

Housing and Planning Bill, continued

 
 

         

“Minimum space standards for new dwellings

 

In Schedule 1 Part M to the Buildings Regulations 2010, after subsection M4

 

insert—

 

“Internal Space Standards

 

            

(M5) New dwellings should meet the minimum standards for internal

 

space set out in the National Described Space Standard, 2015.””

 

Member’s explanatory statement

 

The new clause would incorporate the National Described Space Standard into building

 

regulations to ensure all new dwellings are built to meet those requirements.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

NC51

 

Parliamentary Star    

To move the following Clause—

 

         

“Local Authorities and Development Control Services

 

(1)    

A local planning authority may set a charging regime in relation to its

 

development control services to allow for the cost of providing the development

 

control service to be recouped.

 

(2)    

Such a charging regime will be subject to statutory consultation.”

 

Member’s explanatory statement

 

The amendment would allow local authorities to develop a planning fees schedule that would

 

enable the full costs of processing planning applications to be recovered.

 


 

John Healey

 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

NC57

 

Parliamentary Star    

To move the following Clause—

 

         

“Planning obligations: local first-time buyers

 

(1)    

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.

 

(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.


 
 

Notices of Amendments: 17 December 2015                  

58

 

Housing and Planning Bill, continued

 
 

(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.””

 

Member’s explanatory statement

 

This new clause would empower local planning authorities to impose a planning obligation when

 

giving planning permission for the construction of new housing for sale requiring that a proportion

 

of the housing is marketed exclusively to local first time buyers.

 


 

Bill Wiggin

 

NC58

 

Parliamentary Star    

To move the following Clause—

 

         

“Planning (Listed Buildings and Conservation Areas) Act 1990: amendment

 

(1)    

The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as

 

follows—

 

(2)    

In Section 1, for subsection (3) substitute—

 

“(3)    

In considering whether to include a building, or part of a building, in a

 

list compiled or approved under this section, the Secretary of State shall

 

take into account—

 

(a)    

whether its exterior contributes to the architectural or historic

 

interest of any group of buildings of which it forms part;

 

(b)    

the desirability of preserving, on the ground of its architectural

 

or historic interest, any feature of the building consisting of a

 

man-made object or structure fixed to the building or forming

 

part of the land and comprised within the curtilage of the

 

building; and

 

(c)    

the desirability of excluding specific features or structures

 

(whether part of the building or otherwise within its curtilage) for

 

the purposes of facilitating improvements in matters including,

 

but not limited to, environmental performance, health and safety

 

and cost-effective maintenance.””

 

Member’s explanatory statement

 

This new clause would make explicit the duties and powers of conservation and planning

 

authorities to take account of the specific heritage priorities within a listed building’s curtilage

 

against other considerations.

 

 



 
 

Notices of Amendments: 17 December 2015                  

59

 

Housing and Planning Bill, continued

 
 

Secretary Greg Clark

 

NS4

 

Parliamentary Star - white    

To move the following Schedule—

 

“Schedule

 

Resolution of disputes about planning obligations:

 

Schedule to be inserted in the Town and Country Planning Act 1990

 

“Schedule 9A

 

Section 106ZA

 

Resolution of disputes about planning obligations

 

Appointment of person to help resolve disputes

 

1    (1)  

This paragraph applies where—

 

(a)    

a person (“the applicant”) has made an application for

 

planning permission or an application of a prescribed

 

description (“the application”) to a local planning authority

 

in England,

 

(b)    

there are unresolved issues regarding what should be the

 

terms of any section 106 instrument, and

 

(c)    

any prescribed conditions are met.

 

      (2)  

The Secretary of State must (subject to sub-paragraphs (6) to (8))

 

appoint a person to help with the resolution of the unresolved issues

 

if—

 

(a)    

the Secretary of State thinks that the local planning

 

authority would be likely to grant the application if

 

satisfactory planning obligations were entered into, but not

 

otherwise, and

 

(b)    

sub-paragraph (3), (4) or (5) applies.

 

      (3)  

This sub-paragraph applies where the applicant or the authority

 

requests the Secretary of State to make an appointment.

 

      (4)  

This sub-paragraph applies where—

 

(a)    

a person of a prescribed description requests the Secretary

 

of State to make an appointment, and

 

(b)    

any prescribed requirements as to the consent of the

 

applicant or the authority are satisfied.

 

      (5)  

This sub-paragraph applies where—

 

(a)    

regulations require an appointment to be made, in

 

prescribed circumstances, if the unresolved issues have not

 

been resolved by the end of a prescribed period,

 

(b)    

the circumstances are as prescribed, and

 

(c)    

the unresolved issues have not been resolved by the end of

 

that period.

 

      (6)  

The Secretary of State may decline to make an appointment in

 

prescribed circumstances.

 

      (7)  

Regulations must provide that—


 
 

Notices of Amendments: 17 December 2015                  

60

 

Housing and Planning Bill, continued

 
 

(a)    

no appointment is to be made under this paragraph before

 

the end of a prescribed period;

 

(b)    

no appointment is to be made in response to a request under

 

sub-paragraph (3) or (4) if the request is withdrawn before

 

the end of that period.

 

      (8)  

No request may be made under sub-paragraph (3) or (4), and sub-

 

paragraph (5) does not apply—

 

(a)    

if the application has been referred to the Secretary of State

 

under section 77;

 

(b)    

if the applicant has appealed to the Secretary of State under

 

section 78(2) in respect of the application;

 

(c)    

if the applicant has made an application to the court, which

 

has not been disposed of, in respect of it;

 

(d)    

in such other circumstances as may be prescribed.

 

Co-operation etc with person appointed under paragraph 1

 

2          

Where a person is appointed under paragraph 1 the parties must—

 

(a)    

co-operate with the person;

 

(b)    

comply with any reasonable requests by the person to

 

provide information or documents or to take part in

 

meetings.

 

Report by appointed person

 

3    (1)  

A person appointed under paragraph 1 must prepare a report and

 

send it to the parties.

 

      (2)  

The report must—

 

(a)    

identify the unresolved issues;

 

(b)    

indicate the steps taken since the person’s appointment to

 

try to resolve those issues.

 

      (3)  

If—

 

(a)    

agreement is reached between the local planning authority

 

and those who are proposing to enter into planning

 

obligations, before the report is sent to the parties, on what

 

are to be the terms of the section 106 instrument, and

 

(b)    

the appointed person is aware of the agreement,

 

            

the report must set out the terms agreed.

 

      (4)  

Where sub-paragraph (3) does not apply, the report must set out the

 

appointed person’s recommendations as to what terms would be

 

appropriate.

 

      (5)  

In deciding what recommendations to make under sub-paragraph

 

(4), the appointed person must have regard to any template or model

 

for section 106 instruments that is published by the Secretary of

 

State.

 

      (6)  

The local planning authority must publish the report in accordance

 

with any provision made by regulations about the manner and time

 

of publication.


 
 

Notices of Amendments: 17 December 2015                  

61

 

Housing and Planning Bill, continued

 
 

Temporary prohibition on refusal or appeal

 

4    (1)  

Where paragraph 1(3), (4) or (5) applies, the applicant may not

 

appeal to the Secretary of State under section 78(2) in relation to the

 

application before—

 

(a)    

the resolution process has come to an end, and

 

(b)    

the applicant has paid any fees or costs that the applicant is

 

required to pay by virtue of paragraph 10(3) or (4)(c).

 

      (2)  

Where paragraph 1(3), (4) or (5) applies and the local planning

 

authority are minded to refuse the application, they may not do so

 

before—

 

(a)    

the resolution process has come to an end, and

 

(b)    

the authority have paid any fees or costs that they are

 

required to pay by virtue of paragraph 10(3) or (4)(c).

 

      (3)  

For the purposes of this paragraph, the resolution process comes to

 

an end—

 

(a)    

on the expiry of the period prescribed under paragraph 1(7),

 

if paragraph 1(5) does not apply and the request under

 

paragraph 1(3) or (4) is withdrawn (or, where more than

 

one such request has been made, they are all withdrawn)

 

before the end of that period;

 

(b)    

when the Secretary of State declines to appoint a person

 

under paragraph 1, if the Secretary of State declines make

 

an appointment;

 

(c)    

when the parties agree that the process has come to an end,

 

if they agree that it has;

 

(d)    

when the local planning authority publish the appointed

 

person’s report, if paragraph (a), (b) or (c) does not apply.

 

Effect of appointed person’s report: planning obligations entered into

 

5    (1)  

This paragraph applies where—

 

(a)    

a local planning authority are determining an application in

 

connection with which—

 

(i)    

a report has been prepared under paragraph 3, and

 

(ii)    

planning obligations have been entered into, and

 

(b)    

the section 106 instrument satisfies the requirements of

 

sub-paragraph (2).

 

      (2)  

A section 106 instrument satisfies the requirements of this sub-

 

paragraph if—

 

(a)    

the instrument is in accordance with the terms or

 

recommendations reported under paragraph 3(3) or (4), or

 

(b)    

the instrument is executed before the end of a prescribed

 

period and the local planning authority—

 

(i)    

are a party to it, or

 

(ii)    

notify the applicant, before the end of that period,

 

that they are content with the terms of it.

 

      (3)  

The local planning authority must not refuse the application on a

 

ground that relates to the appropriateness of the terms of the section

 

106 instrument.


 
 

Notices of Amendments: 17 December 2015                  

62

 

Housing and Planning Bill, continued

 
 

      (4)  

If the local authority grant the application, the authority’s power to

 

make the grant conditional on a person undertaking—

 

(a)    

a planning obligation other than one entered into by the

 

section 106 instrument, or

 

(b)    

an obligation of some other kind,

 

            

is subject to any limitations specified in regulations.

 

Effect of appointed person’s report: no planning obligations entered into

 

6          

Where—

 

(a)    

a local planning authority are determining an application in

 

connection with which a report has been prepared under

 

paragraph 3,

 

(b)    

the report records (under paragraph 3(3)) an agreement that

 

planning obligations are to be entered into, or recommends

 

(under paragraph 3(4)) that planning obligations are

 

entered into, and

 

(c)    

no section 106 instrument is executed before the end of a

 

prescribed period,

 

            

the local planning authority must refuse the application.

 

Effect of appointed person’s report: further provision

 

7    (1)  

Where a report is prepared under paragraph 3 in connection with an

 

application—

 

(a)    

the local planning authority determining the application

 

must have regard to the report, to the extent that this

 

requirement is consistent with the restrictions in paragraphs

 

5 and 6;

 

(b)    

a person determining an appeal against the authority’s

 

decision on the application, or an appeal under section

 

78(2) in respect of the application, must have regard to the

 

report but is not subject to those restrictions.

 

      (2)  

Regulations may prescribe cases or circumstances in which a

 

restriction in paragraph 5 or 6 does not apply.

 

Appointment in connection with two or more applications

 

8    (1)  

A person may be appointed under paragraph 1 in connection with

 

two or more applications if the same or similar issues arise on both

 

or all of them.

 

      (2)  

In such cases—

 

(a)    

the provisions of this Schedule apply separately in relation

 

to each application, but

 

(b)    

a single report may be made under paragraph 3 in relation

 

to both or all of the applications.

 

Exercise of functions on behalf of the Secretary of State

 

9    (1)  

The Secretary of State may arrange for a function of the Secretary

 

of State under paragraph 1 (other than a function of making

 

regulations) to be exercised by any body or person on behalf of the

 

Secretary of State.


 
PreviousBack to StartNext
 

Revised 18 December 2015