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Public Bill Committee: 20 October 2016                  

8

 

Neighbourhood Planning Bill, continued

 
 

(b)    

the spatial development strategy published by the combined

 

authority.”

 

(2)    

In section 35 of that Act (local planning authorities’ monitoring reports) after

 

subsection (3) insert—

 

“(3A)    

Subsection (3B) applies if a London borough council or a Mayoral

 

development corporation have determined in accordance with section

 

19(1D) that—

 

(a)    

policies to address the strategic priorities for the development

 

and use of land in their area are set out in the spatial development

 

strategy, and

 

(b)    

accordingly, such policies will not to that extent be set out in

 

their development plan documents.

 

(3B)    

Each report by the council or corporation under subsection (2) must—

 

(a)    

indicate that such policies are set out in the spatial development

 

strategy, and

 

(b)    

specify where in the strategy those policies are set out.

 

(3C)    

If a combined authority established under section 103 of the Local

 

Democracy, Economic Development and Construction Act 2009 has the

 

function of preparing the spatial development strategy for the authority’s

 

area, subsections (3A) and (3B) also apply in relation to—

 

(a)    

a local planning authority whose area is within, or the same as,

 

the area of the combined authority, and

 

(b)    

the spatial development strategy published by the combined

 

authority.””

 

Member’s explanatory statement

 

This new clause requires a local planning authority to identify the strategic priorities for the

 

development and use of land in the authority’s area and to set out policies to address these in their

 

development plan documents. The latter duty does not apply in the case of certain authorities to

 

the extent that other documents set out the policies, but in that case the authority’s monitoring

 

reports must make that clear.

 


 

Gavin Barwell

 

NC4

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Power to direct preparation of joint development plan documents

 

(1)    

The Planning and Compulsory Purchase Act 2004 is amended as follows.

 

(2)    

After section 28 insert—

 

“28A  

Power to direct preparation of joint development plan documents

 

(1)    

The Secretary of State may direct two or more local planning authorities

 

to prepare a joint development plan document.

 

(2)    

The Secretary of State may give a direction under this section in relation

 

to a document whether or not it is specified in the local development

 

schemes of the local planning authorities in question as a document

 

which is to be prepared jointly with one or more other local planning

 

authorities.


 
 

Public Bill Committee: 20 October 2016                  

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Neighbourhood Planning Bill, continued

 
 

(3)    

The Secretary of State may give a direction under this section only if the

 

Secretary of State considers that to do so will facilitate the more effective

 

planning of the development and use of land in the area of one or more

 

of the local planning authorities in question.

 

(4)    

A direction under this section may specify—

 

(a)    

the area to be covered by the joint development plan document

 

to which the direction relates;

 

(b)    

the matters to be covered by that document;

 

(c)    

the timetable for preparation of that document.

 

(5)    

The Secretary of State must, when giving a direction under this section,

 

notify the local planning authorities to which it applies of the reasons for

 

giving it.

 

(6)    

If the Secretary of State gives a direction under this section, the Secretary

 

of State may direct the local planning authorities to which it is given to

 

amend their local development schemes so that they cover the joint

 

development plan document to which it relates.

 

(7)    

A joint development plan document is a development plan document

 

which is, or is required to be, prepared jointly by two or more local

 

planning authorities pursuant to a direction under this section.

 

28B    

Application of Part to joint development plan documents

 

(1)    

This Part applies for the purposes of any step which may be or is required

 

to be taken in relation to a joint development plan document as it applies

 

for the purposes of any step which may be or is required to be taken in

 

relation to a development plan document.

 

(2)    

For the purposes of subsection (1) anything which must be done by or in

 

relation to a local planning authority in connection with a development

 

plan document must be done by or in relation to each of the authorities

 

mentioned in section 28A(1) in connection with a joint development plan

 

document.

 

(3)    

If the authorities mentioned in section 28A(1) include a London borough

 

council or a Mayoral development corporation, the requirements of this

 

Part in relation to the spatial development strategy also apply.

 

(4)    

Those requirements also apply if—

 

(a)    

a combined authority established under section 103 of the Local

 

Democracy, Economic Development and Construction Act 2009

 

has the function of preparing the spatial development strategy for

 

the combined authority’s area, and

 

(b)    

the authorities mentioned in section 28A(1) include a local

 

planning authority whose area is within, or is the same as, the

 

area of the combined authority.

 

28C    

Modification or withdrawal of direction under section 28A

 

(1)    

The Secretary of State may modify or withdraw a direction under section

 

28A by notice in writing to the authorities to which it was given.

 

(2)    

The Secretary of State must, when modifying or withdrawing a direction

 

under section 28A, notify the local planning authorities to which it was

 

given of the reasons for the modification or withdrawal.


 
 

Public Bill Committee: 20 October 2016                  

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Neighbourhood Planning Bill, continued

 
 

(3)    

The following provisions of this section apply if—

 

(a)    

the Secretary of State withdraws a direction under section 28A,

 

or

 

(b)    

the Secretary of State modifies a direction under that section so

 

that it ceases to apply to one or more of the local planning

 

authorities to which it was given.

 

(4)    

Any step taken in relation to the joint development plan document to

 

which the direction related is to be treated as a step taken by—

 

(a)    

a local planning authority to which the direction applied for the

 

purposes of any corresponding document prepared by them, or

 

(b)    

two or more local planning authorities to which the direction

 

applied for the purposes of any corresponding joint development

 

plan document prepared by them.

 

(5)    

Any independent examination of a joint development plan document to

 

which the direction related must be suspended.

 

(6)    

If before the end of the period prescribed for the purposes of this

 

subsection a local planning authority to which the direction applied

 

request the Secretary of State to do so, the Secretary of State may direct

 

that—

 

(a)    

the examination is resumed in relation to—

 

(i)    

any corresponding document prepared by a local

 

planning authority to which the direction applied, or

 

(ii)    

any corresponding joint development plan document

 

prepared by two or more local planning authorities to

 

which the direction applied, and

 

(b)    

any step taken for the purposes of the suspended examination has

 

effect for the purposes of the resumed examination.

 

(7)    

The Secretary of State may by regulations make provision as to what is a

 

corresponding document or a corresponding joint development plan

 

document for the purposes of this section.”

 

(3)    

In section 21 (intervention by Secretary of State) after subsection (11) insert—

 

“(12)    

In the case of a joint local development document or a joint development

 

plan document, the Secretary of State may apportion liability for the

 

expenditure on such basis as the Secretary of State thinks just between

 

the local planning authorities who have prepared the document.”

 

(4)    

In section 27 (Secretary of State’s default powers) after subsection (9) insert—

 

“(10)    

In the case of a joint local development document or a joint development

 

plan document, the Secretary of State may apportion liability for the

 

expenditure on such basis as the Secretary of State thinks just between

 

the local planning authorities for whom the document has been

 

prepared.”

 

(5)    

Section 28 (joint local development documents) is amended in accordance with

 

subsections (6) and (7).

 

(6)    

In subsection (9) for paragraph (a) substitute—

 

“(a)    

the examination is resumed in relation to—

 

(i)    

any corresponding document prepared by an authority

 

which were a party to the agreement, or


 
 

Public Bill Committee: 20 October 2016                  

11

 

Neighbourhood Planning Bill, continued

 
 

(ii)    

any corresponding joint local development document

 

prepared by two or more other authorities which were

 

parties to the agreement;”.

 

(7)    

In subsection (11) (meaning of “corresponding document”) at the end insert “or

 

a corresponding joint local development document for the purposes of this

 

section.”

 

(8)    

In section 37 (interpretation) after subsection (5B) insert—

 

“(5C)    

Joint local development document must be construed in accordance with

 

section 28(10).

 

(5D)    

Joint development plan document must be construed in accordance with

 

section 28A(7).”

 

(9)    

Schedule A1 (default powers exercisable by Mayor of London, combined

 

authority and county council) is amended in accordance with subsections (10) and

 

(11).

 

(10)    

In paragraph 3 (powers exercised by the Mayor of London) after sub-paragraph

 

(3) insert—

 

    “(4)  

In the case of a joint local development document or a joint

 

development plan document, the Mayor may apportion liability for the

 

expenditure on such basis as the Mayor thinks just between the

 

councils for whom the document has been prepared.”

 

(11)    

In paragraph 7 (powers exercised by combined authority) after sub-paragraph (3)

 

insert—

 

    “(4)  

In the case of a joint local development document or a joint

 

development plan document, the combined authority may apportion

 

liability for the expenditure on such basis as the authority considers

 

just between the authorities for whom the document has been

 

prepared.””

 

Member’s explanatory statement

 

This new clause enables the Secretary of State to give a direction requiring two or more local

 

planning authorities to prepare a joint development plan document. It also makes provision about

 

the consequences of withdrawal or modification of such a direction.

 


 

Gavin Barwell

 

NC5

 

Parliamentary Star - white    

To move the following Clause—

 

         

“County councils’ default powers in relation to development plan documents

 

Schedule (County councils’ default powers in relation to development plan

 

documents) makes provision for the exercise of default powers by county

 

councils in relation to development plan documents.”

 

Member’s explanatory statement

 

This new clause and NS1 enable the Secretary of State to invite a county council to prepare or

 

revise a development plan document in a case where the Secretary of State thinks that a district

 

council in the county council’s area is failing to prepare, revise or adopt such a document.

 



 
 

Public Bill Committee: 20 October 2016                  

12

 

Neighbourhood Planning Bill, continued

 
 

Gavin Barwell

 

NC6

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Format of local development schemes and documents

 

(1)    

Section 36 of the Planning and Compulsory Purchase Act 2004 (regulations under

 

Part 2) is amended in accordance with subsections (2) and (3).

 

(2)    

In the heading after “Regulations” insert “and standards”.

 

(3)    

After subsection (2) insert—

 

“(3)    

The Secretary of State may from time to time publish data standards

 

for—

 

(a)    

local development schemes,

 

(b)    

local development documents, or

 

(c)    

local development documents of a particular kind.

 

(4)    

For this purpose a “data standard” is a written standard which contains

 

technical specifications for a scheme or document or the data contained

 

in a scheme or document.

 

(5)    

A local planning authority must comply with the data standards

 

published under subsection (3) in preparing, publishing, maintaining or

 

revising a scheme or document to which the standards apply.”

 

(4)    

In section 15(8AA) of that Act (cases in which direction to revise local

 

development scheme may be given by Secretary of State or Mayor of London)—

 

(a)    

after “only if” insert “—(a)”, and

 

(b)    

at the end of paragraph (a) insert “, or

 

(b)    

the Secretary of State has published data standards under

 

section 36(3) which apply to the local development

 

scheme and the person giving the direction thinks that

 

the scheme should be revised so that it complies with the

 

standards.””

 

Member’s explanatory statement

 

This new clause enables the Secretary of State to set data standards for local development schemes

 

and documents, requiring these documents or the data they contain to comply with specified

 

technical specifications. It also enables the Secretary of State or the Mayor of London to direct a

 

local planning authority to revise a local development scheme so that it complies with data

 

standards.

 


 

Gavin Barwell

 

NC7

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Review of local development documents

 

In section 17 of the Planning and Compulsory Purchase Act 2004 (local

 

development documents) after subsection (6) insert—

 

“(6A)    

The Secretary of State may by regulations make provision requiring a

 

local planning authority to review a local development document at such

 

times as may be prescribed.


 
 

Public Bill Committee: 20 October 2016                  

13

 

Neighbourhood Planning Bill, continued

 
 

(6B)    

If regulations under subsection (6A) require a local planning authority to

 

review a local development document—

 

(a)    

they must consider whether to revise the document following

 

each review, and

 

(b)    

if they decide not to do so, they must publish their reasons for

 

considering that no revisions are necessary.

 

(6C)    

Any duty imposed by virtue of subsection (6A) applies in addition to the

 

duty in subsection (6).””

 

Member’s explanatory statement

 

This new clause enables regulations to require a local planning authority to review local

 

development documents at prescribed times.

 


 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Jim McMahon

 

NC1

 

To move the following Clause—

 

         

“Approval of draft-neighbourhood development plans by referendum

 

(1)    

Schedule 4B of the Town and Country Planning Act is amended as follows—

 

(2)    

After paragraph (2) insert—

 

“(3)    

The outcome of such a referendum shall only be valid if the turnout is

 

equal to or greater than 40%.”

 


 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Jim McMahon

 

NC2

 

To move the following Clause—

 

         

“Incentives to create neighbourhood development plans

 

(1)    

Areas with an adopted neighbourhood development plan in place should benefit

 

from a locally agreed share in the New Homes Bonus.

 

(2)    

Areas with an adopted neighbourhood development plan should have access to

 

enhanced Community Infrastructure Levy payments, and all councils shall have

 

a Community Infrastructure Levy scheme in place by 2017.”

 

Member’s explanatory statement

 

This new clause would create incentives to encourage communities to produce neighbourhood

 

development plans.

 



 
 

Public Bill Committee: 20 October 2016                  

14

 

Neighbourhood Planning Bill, continued

 
 

John Mann

 

NC8

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Neighbourhood planning: Addition of beauty as a basic condition

 

(1)    

Schedule 4B to the Town and Country Planning Act 1990 (process for making of

 

neighbourhood development orders) is amended as follows.

 

(2)    

In paragraph 8, after sub-paragraph (2)(c) insert—

 

“( )    

having regard to the desirability of promoting the conservation

 

and enhancement of beauty in the built and natural environment,

 

as perceived by the community within the neighbourhood area,

 

within the neighbourhood area, it is appropriate to make the

 

order,”

 

Member’s explanatory statement

 

This new clause would make the conservation and enhancement of beauty in the built and natural

 

environment a basic condition that neighbourhood development order must meet.

 

 


 

NEW SCHEDULE

 

Gavin Barwell

 

NS1

 

Parliamentary Star - white    

To move the following Schedule—

 

“County councils’ default powers in relation to development plan

 

documents

 

1          

The Planning and Compulsory Purchase Act 2004 is amended as follows.

 

2          

Schedule A1 (default powers exercisable by Mayor of London or combined

 

authority) is amended in accordance with paragraphs 3 to 8.

 

3          

In the heading for “or combined authority” substitute “, combined authority or

 

county council”.

 

4          

After paragraph 7 insert—

 

“Default powers exercisable by county council

 

7A         

In this Schedule—

 

“upper-tier county council” means a county council for an

 

area for which there is also a district council;

 

“lower-tier planning authority”, in relation to an upper-tier

 

county council, means a district council which is the local

 

planning authority for an area within the area of the upper-

 

tier county council.

 

7B         

If the Secretary of State—

 

(a)    

thinks that a lower-tier planning authority are failing or

 

omitting to do anything it is necessary for them to do in

 

connection with the preparation, revision or adoption of a

 

development plan document, and

 

(b)    

invites the upper-tier county council to prepare or revise the

 

document,


 
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Revised 19 October 2016