Session 2015-16
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20

 
 

(e)    

authorising a local authority in England to use sums paid by way of

 

penalties for the purposes of any of its functions.

 

(5)    

In this section “local authority in England” means—

 

(a)    

a district council,

 

(b)    

a county council for an area for which there is no district council,

 

(c)    

a London borough council,

 

(d)    

the Common Council of the City of London, or

 

(e)    

the Council of the Isles of Scilly.”

After Clause 128

97

Insert the following new Clause—

 

“Neighbourhood right of appeal

 

(1)    

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

 

Act”) insert—

 

“78ZA

    Neighbourhood right of appeal

 

(1)    

Where—

 

(a)    

a planning authority grants an application for planning

 

permission,

 

(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 under paragraph (b) contains

 

proposals for the provision of housing development,

 

    

certain persons as specified in subsection (2) 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) are any parish council or neighbourhood forum, as

 

defined in section 61F of the 1990 Act (authorisation to act in

 

relation to neighbourhood areas), whose made or emerging

 

neighbourhood plan includes all or part of the area of land to which

 

the application relates, by two-thirds majority voting.

 

(3)    

In this section an “emerging” neighbourhood plan 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), omit “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 (as inserted by section

 

(Neighbourhood right of appeal) of the Housing and Planning Act

 

2016) and where the appellant is as defined in subsection (2) of that

 

section)”.”

 
 

 


 
 

21

 

Clause 129

98

Page 62, line 24, leave out “in subsection (4)” and insert “before subsection (4)

 

insert—

 

“(3A)    

If a local planning authority have not prepared a local development

 

scheme, the Secretary of State or the Mayor of London may—

 

(a)    

prepare a local development scheme for the authority, and

 

(b)    

direct the authority to bring that scheme into effect.”

 

( )    

In subsections (4) and (8AA) of that section”

 

99

Page 62, line 26, at end insert—

 

“( )    

In subsections (4A)(a), (5), (6), (6A) and (6B)(a) of that section, after “under

 

subsection” insert “(3A) or”.”

Clause 136

100

Page 66, line 28, after “for” insert “housing-led”

 

101

Page 66, line 29, at end insert—

 

“( )    

But permission in principle may not be granted for development

 

consisting of the winning and working of minerals.”

 

102

Page 67, line 9, leave out “plan, register or other”

 

103

Page 67, leave out lines 11 to 13 and insert—

 

“( )    

falls within subsection (2A),”

 

104

Page 67, line 18, at end insert—

 

“(2A)    

The following documents fall within this subsection—

 

(a)    

a register maintained in pursuance of regulations under

 

section 14A of the Planning and Compulsory Purchase Act

 

2004 (“the 2004 Act”);

 

(b)    

a development plan document within the meaning of Part 2

 

of the 2004 Act (see section 37 of that Act);

 

(c)    

a neighbourhood development plan within the meaning

 

given by section 38A of the 2004 Act.”

 

 
 

 


 
 

22

105

Page 67, leave out lines 19 to 45 and insert—

 

“(3)    

Permission in principle granted by a development order takes

 

effect—

 

(a)    

when the qualifying document takes effect, if the land in

 

question is allocated for development in the document at

 

that time;

 

(b)    

otherwise, when the qualifying document is revised so that

 

the land in question is allocated for development.

 

    

But a development order may provide that, if the local planning

 

authority so directs, permission in principle does not take effect

 

until the date specified by the local planning authority in the

 

direction.

 

(4)    

For the purposes of subsection (3)(a)—

 

(a)    

a register maintained in pursuance of regulations under

 

section 14A of the 2004 Act takes effect when it is first

 

published;

 

(b)    

a development plan document takes effect when it is

 

adopted or approved under Part 2 of the 2004 Act;

 

(c)    

a neighbourhood development plan takes effect when it is

 

made by the local planning authority.

 

(5)    

Permission in principle granted by a development order is not

 

brought to an end by the qualifying document ceasing to have effect

 

or being revised.

 

(6)    

Permission in principle granted by a development order ceases to

 

have effect on the expiration of—

 

(a)    

five years beginning with the date on which it takes effect;

 

or

 

(b)    

such other period (whether longer or shorter) beginning

 

with that date as the local planning authority may direct.

 

(7)    

Permission in principle granted by a local planning authority ceases

 

to have effect on the expiration of—

 

(a)    

three years beginning with the date on which it takes effect;

 

or

 

(b)    

such other period (whether longer or shorter) beginning

 

with that date as the local planning authority may direct.

 

(8)    

The Secretary of State may by regulations amend subsection (6)(a)

 

or (7)(a) by substituting a shorter period for the period for the time

 

being specified there.

 

(9)    

A development order—

 

(a)    

may make provision in relation to an application for

 

planning permission for development of land in respect of

 

which permission in principle has been granted;

 

(b)    

may require the local planning authority to prepare,

 

maintain and publish a register containing prescribed

 

information as to permissions in principle granted by a

 

development order.

 
 

 


 
 

23

 
 

(10)    

In exercising a power of direction conferred by virtue of subsection

 

(3), or conferred by subsection (6)(b) or (7)(b), a local planning

 

authority must have regard to the provisions of the development

 

plan and any other material considerations.

 

(11)    

In exercising any other function exercisable by virtue of this section,

 

or in exercising any function in relation to an application for

 

planning permission for development of land in respect of which

 

permission in principle has been granted, a local planning authority

 

must have regard to any guidance issued by the Secretary of State.

 

(12)    

In relation to an application for permission in principle which

 

under any provision of this Part is made to, or determined by, the

 

Secretary of State instead of the local planning authority, a reference

 

in subsection (1) or (7) to a local planning authority has effect (as

 

necessary) as a reference to the Secretary of State.””

 

106

Page 68, line 26, at end insert—

 

“( )    

In section 333 of that Act (regulations and orders), after subsection (3)

 

insert—

 

“(3ZA)    

No regulations may be made under section 59A(8) unless a draft of

 

the instrument containing the regulations has been laid before, and

 

approved by a resolution of, each House of Parliament.””

After Clause 139

107

Insert the following new Clause—

 

“Planning freedoms: right for local areas to request alterations to planning

 

system

 

(1)    

If the following conditions are met, the Secretary of State may by

 

regulations make a planning freedoms scheme, having effect for a specified

 

period, in relation to a specified planning area in England.

 

    

A “planning freedoms scheme” is a scheme that disapplies or modifies

 

specified planning provisions in order to facilitate an increase in the

 

amount of housing in the planning area concerned.

 

(2)    

The first condition is that the relevant planning authority or authorities

 

have requested the Secretary of State to make a planning freedoms scheme

 

for their area.

 

(3)    

The second condition is that the Secretary of State is satisfied—

 

(a)    

that there is a need for a significant increase in the amount of

 

housing in the planning area concerned,

 

(b)    

that the planning freedoms scheme will contribute to such an

 

increase, and

 

(c)    

that adequate consultation has been carried out.

 

(4)    

The third condition is that—

 

(a)    

the relevant planning authority or authorities have prepared a

 

summary of the views expressed in the consultation referred to at

 

subsection (3)(c), and

 
 

 


 
 

24

 
 

(b)    

the Secretary of State has considered that summary.

 

(5)    

For the purposes of subsection (3)(c) consultation is “adequate” only if—

 

(a)    

the relevant authority or authorities publish an explanation of what

 

the proposed planning freedoms scheme is expected to involve, and

 

(b)    

persons in the planning area concerned, and other persons likely to

 

be affected, have a reasonable opportunity to communicate their

 

views about the proposed scheme.

 

(6)    

The Secretary of State may decide to restrict the number of planning

 

freedoms schemes in force at any one time (and accordingly is not required

 

to make a scheme merely because the conditions in this section are met).

 

(7)    

The Secretary of State may by regulations bring a planning freedoms

 

scheme to an end, and must do so if the relevant planning authority or, as

 

the case may be, any of the relevant planning authorities so request.

 

(8)    

In this section—

 

“planning area” means the area of a local planning authority, or an

 

area comprising two or more adjoining areas of local planning

 

authorities;

 

“planning provision” means a provision to do with planning that is

 

contained in or made under any Act;

 

“relevant planning authority” means the local planning authority for

 

an area that is or forms part of a planning area;

 

“specified” means specified in regulations under subsection (1).”

After Clause 143

108

Insert the following new Clause—

 

“Carbon compliance standard for new homes

 

(1)    

The Secretary of State must within one year of the passing of this Act make

 

regulations under section 1(1) of the Building Act 1984 (power to make

 

building regulations) for the purpose of ensuring that all new homes in

 

England built from 1 April 2018 achieve the carbon compliance standard.

 

(2)    

For the purpose of subsection (1), “carbon compliance standard” means an

 

improvement on the target carbon dioxide emission rate, as set out in the

 

Building Regulations 2006, of—

 

(a)    

60% in the case of detached houses;

 

(b)    

56% in the case of attached houses; and

 

(c)    

44% in the case of flats.”

 

109

Insert the following new Clause—

 

“Affordable housing contributions in small scale development

 

(1)    

Local planning authorities may require sites falling within subsection (2) to

 

make an affordable housing contribution, in cash or kind, determined by

 

the requirements of the housing market of that area.

 
 

 


 
 

25

 
 

(2)    

Authorities may require contributions from—

 

(a)    

developments of 10 units or less, and developments which have a

 

maximum combined gross floorspace of no more than 1000sqm

 

(gross internal area), and

 

(b)    

developments in a rural area or an area where—

 

(i)    

planning permission for the site was granted wholly or

 

partly on the basis of a policy for the provision of housing

 

on rural exception sites;

 

(ii)    

the site is in a national park or an area with equal protection

 

to that of a national park; or

 

(iii)    

the site is in an area designated under section 82 of the

 

Countryside and Rights of Way Act 2000 (designation of

 

areas) as an area of outstanding natural beauty.

 

(3)    

In subsection (2) a rural area is defined as—

 

(a)    

any settlement with a population of fewer than 3,000 people at the

 

most recent national census, or

 

(b)    

any settlement with a population of between 3,000 and 10,000

 

people at the most recent national census, and designated as a rural

 

area by the Secretary of State following representations from the

 

relevant local authority.”

 

110

Insert the following new Clause—

 

“Sustainable drainage systems

 

(1)    

The Water Industry Act 1991 is amended as follows.

 

(2)    

After section 106(1B) (right to communicate with public sewers) insert—

 

“(1C)    

The right under subsection (1) is subject to section 106AB.”

 

(3)    

After section 106A insert—

 

“106AB 

Sustainable drainage systems

 

(1)    

A person may only exercise the right under section 106(1) in respect

 

of surface water if the relevant drainage system is designed and

 

constructed according to—

 

(a)    

the non-statutory technical standards for sustainable

 

drainage systems or any replacement standards as may be

 

published by the Minister from time to time; and

 

(b)    

the planning permission or development consent order for

 

the development drained by the drainage system in

 

question.

 

(2)    

In this section “drainage system” has the same meaning as in

 

paragraph 1 of Schedule 3 to the Flood and Water Management Act

 

2010.””

Clause 145

 

 


 
 

26

111

Page 74, line 3, leave out subsections (1) and (2) and insert—

 

“(1)    

The Secretary of State may by regulations provide for temporary

 

arrangements in particular areas to test the practicality and desirability of

 

competition in the processing (but not determining) of applications to do

 

with planning.

 

(1A)    

The regulations may make provision—

 

(a)    

for an application for planning permission that falls to be

 

determined by a specified local planning authority in England to be

 

processed, if the applicant so chooses, not by that authority but by

 

a designated person;

 

(b)    

for any connected application also to be processed by a designated

 

person and not by that authority.

 

(2)    

The regulations must specify a period after which any such provision

 

ceases to apply.

 

    

That period (whether as originally specified or as subsequently extended)

 

must end no later than five years after the first regulations under this

 

section come into force.”

 

112

Page 74, line 11, at end insert—

 

“( )    

The Secretary of State must—

 

(a)    

review the operation and effectiveness of any arrangements made

 

under the regulations;

 

(b)    

no later than 12 months after the date when the arrangements (or

 

the last of them) cease to have effect—

 

(i)    

lay a report before each House of Parliament, or

 

(ii)    

make a statement to the House of Parliament of which that

 

Secretary of State is a member,

 

    

setting out the results and conclusions of the review.”

 

113

Page 74, line 13, leave out “planning applications for” and insert “applications that

 

relate to”

 

114

Page 74, line 16, leave out “planning applications for” and insert “applications that

 

relate to”

 

115

Page 74, line 21, at end insert—

 

“( )    

The regulations may not contain anything that allows or requires, or could

 

allow or require, the responsible planning authority’s duty to determine an

 

application to be carried out, to any extent, by a designated person on the

 

authority’s behalf.

 

( )    

Nothing said or done by a designated person appointed under the

 

regulations to process an application is binding on the responsible

 

planning authority when determining the application.

 
 

 


 
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Revised 28 April 2016