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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Amendments tabled since the last publication: NC3(a), NC4(a), NC5(a), NC6(a), NC15-NC16 |
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| Neighbourhood Planning Bill
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| | This document includes all amendments remaining before the Committee and |
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| | includes any withdrawn amendments at the end. The amendments have been |
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| | arranged in accordance with the Order of the Committee [18 October 2016].
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| Dr Roberta Blackman-Woods |
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| Clause 6, page 5, line 27, at end insert “in cases where the local authorities’ |
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| statement of community involvement was regarded as inadequate.” |
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| | Member’s explanatory statement
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| | This amendment allows the Secretary of State only to require planning authorities to review their |
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| | statement of community involvement if they have failed to produce one. |
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| Dr Roberta Blackman-Woods |
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| Clause 7, page 6, line 7, at end insert— |
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| | “(1A) | Regulations made under subsection (1) must make provisions for local planning |
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| | authorities to make exceptions to conditions relating to matters set out in |
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| | paragraphs (a), (b) and (c) of subsection (1).” |
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| | Member’s explanatory statement
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| | This amendment would ensure that there is a local voice and judgement taking into account local |
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| | circumstances and impact. |
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| Dr Roberta Blackman-Woods |
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| Clause 7, page 6, line 12, leave out subsection (2)(a) |
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| | Member’s explanatory statement
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| | This amendment would ensure that “acceptable in planning terms” does not mean that conditions |
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| | can be overlooked because they are unacceptable for other reasons. |
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| Dr Roberta Blackman-Woods |
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| Clause 7, page 6, line 18, at end insert— |
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| | “including in terms of sustainable development and public interest.” |
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| | Member’s explanatory statement
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| | This amendment would ensure that there is a sustainable development test in conditions and that |
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| | they are acceptable to local people. |
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| Dr Roberta Blackman-Woods |
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| Clause 7, page 6, line 20, at end insert “which must include consultation with local |
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| | Member’s explanatory statement
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| | This amendment would ensure that local authorities are consulted on the draft regulations. |
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| Dr Roberta Blackman-Woods |
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| Clause 7, page 6, line 20, at end insert— |
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| | “(1A) | Regulations made under subsection (1) must make provision for an appeal |
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| | Member’s explanatory statement
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| | This amendment would ensure that provision is made for an appeals process. |
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| Dr Roberta Blackman-Woods |
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| Clause 7, page 6, line 23, leave out subsection (5) |
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| | Member’s explanatory statement
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| | This amendment would ensure that local authorities are still able to make necessary pre- |
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| | commencement conditions on developers. |
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| Dr Roberta Blackman-Woods |
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| Clause 7, page 6, line 24, at end insert— |
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| | “where agreement cannot be reached a mediation system should be |
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| | Member’s explanatory statement
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| | This amendment would allow for there to be a mechanism to resolve disputes. |
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| Dr Roberta Blackman-Woods |
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| Clause 7, page 6, line 26, at end insert— |
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| | “(5A) | The Secretary of State should provide guidance for appeal routes where an |
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| | agreement cannot be reached on pre-commencement conditions, along with |
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| | guidance on pre-completion and pre-occupation conditions.” |
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| | Member’s explanatory statement
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| | This amendment would ensure that there is clarity on appeal routes, pre-completion and pre- |
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| Dr Roberta Blackman-Woods |
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| Page 5, line 35, leave out Clause 7 |
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| | Member’s explanatory statement
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| | This amendment would remove from the Bill completely the changes to planning conditions. |
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| Dr Roberta Blackman-Woods |
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| Clause 8, page 7, line 21, at end insert— |
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| | “(e) | information on the number of permitted demolition of offices for residential use |
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| | to a similar scale including— |
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| | (a) | the impact on a local plan; |
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| | (b) | an estimate as to how many homes the development will deliver and |
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| | (c) | a consultation with the local authority regarding the effect of the change |
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| | of use on any urban regeneration plans.” |
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| | Member’s explanatory statement
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| | This amendment would ensure monitoring of the impact of permitted right of demolition on offices, |
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| | on urban regeneration that requires office space and on the provision of housing. |
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| Dr Roberta Blackman-Woods |
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| Clause 8, page 8, line 10, at end insert— |
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| | “(9) | The cost of compiling a register and gathering the information to underpin it |
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| | should be met by the Secretary of State.” |
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| Dr Roberta Blackman-Woods |
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| Clause 9, page 8, line 23, at end insert— |
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| | “(2A) | The power of temporary possession of leasehold interests is not available if an |
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| | interest would terminate within one year of the date on which the authority |
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| | intends to hand back possession to the occupier.” |
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| | Member’s explanatory statement
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| | This amendment would establish a limitation on the temporary possession of leasehold interests. |
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| Dr Roberta Blackman-Woods |
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| Clause 12, page 10, line 10, leave out “6” and insert “3” |
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| | Member’s explanatory statement
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| | This amendment would reduce the length of time that an acquiring authority can take temporary |
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| Clause 34, page 26, line 38, leave out “subsections (2) and” and insert “subsection” |
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| | Member’s explanatory statement
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| | This amendment and amendment 25 provide for the repeal of section 141(5A) of the Local |
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| | Government, Planning and Land Act 1980 in clause 23(3) to extend to England and Wales only. |
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| | Although section 141 generally extends to Scotland, subsection (5A) only extends to England and |
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| | Wales, so its repeal should only extend there. |
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| Clause 34, page 26, line 39, leave out subsection (2) |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 24. |
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| Clause 35, page 27, line 8, after “3”, insert “, (Power to direct preparation of joint |
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| local development documents)” |
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| | Member’s explanatory statement
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| | The amendment provides for the regulation-making powers conferred by NC4 to come into force |
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| | on the passing of the Act resulting from the Bill. |
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| Clause 35, page 27, line 8, after “3”, insert “, (Review of local development |
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| | Member’s explanatory statement
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| | The amendment provides for the regulation-making powers conferred by NC7 to come into force |
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| | on the passing of the Act resulting from the Bill. |
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| | To move the following Clause— |
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| | | “Content of development plan documents |
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| | (1) | In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of |
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| | local development documents) after subsection (1A) insert— |
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| | “(1B) | Each local planning authority must identify the strategic priorities for the |
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5 | | development and use of land in the authority’s area. |
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| | (1C) | Policies to address those priorities must be set out in the local planning |
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| | authority’s development plan documents (taken as a whole). |
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| | (1D) | Subsection (1C) does not apply in the case of a London borough council |
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| | or a Mayoral development corporation if and to the extent that the council |
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10 | | or corporation are satisfied that policies to address those priorities are set |
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| | out in the spatial development strategy. |
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| | (1E) | If a combined authority established under section 103 of the Local |
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| | Democracy, Economic Development and Construction Act 2009 has the |
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| | function of preparing the spatial development strategy for the authority’s |
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15 | | area, subsection (1D) also applies in relation to— |
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| | (a) | a local planning authority whose area is within, or the same as, |
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| | the area of the combined authority, and |
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| | (b) | the spatial development strategy published by the combined |
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20 | | (2) | In section 35 of that Act (local planning authorities’ monitoring reports) after |
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| | “(3A) | Subsection (3B) applies if a London borough council or a Mayoral |
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| | development corporation have determined in accordance with section |
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25 | | (a) | policies to address the strategic priorities for the development |
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| | and use of land in their area are set out in the spatial development |
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| | (b) | accordingly, such policies will not to that extent be set out in |
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| | their development plan documents. |
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30 | | (3B) | Each report by the council or corporation under subsection (2) must— |
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| | (a) | indicate that such policies are set out in the spatial development |
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| | (b) | specify where in the strategy those policies are set out. |
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| | (3C) | If a combined authority established under section 103 of the Local |
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35 | | Democracy, Economic Development and Construction Act 2009 has the |
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| | function of preparing the spatial development strategy for the authority’s |
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| | area, subsections (3A) and (3B) also apply in relation to— |
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| | (a) | a local planning authority whose area is within, or the same as, |
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| | the area of the combined authority, and |
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40 | | (b) | the spatial development strategy published by the combined |
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| | Member’s explanatory statement
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| | This new clause requires a local planning authority to identify the strategic priorities for the |
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| | development and use of land in the authority’s area and to set out policies to address these in their |
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| | development plan documents. The latter duty does not apply in the case of certain authorities to |
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| | the extent that other documents set out the policies, but in that case the authority’s monitoring |
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| | reports must make that clear. |
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| | As an Amendment to Gavin Barwell’s proposed New Clause (NC3):— |
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| Dr Roberta Blackman-Woods |
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| Line 19, at end insert— |
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| | “(1F) | The Secretary of State may by regulations require a particular timescale to be set |
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| | for the production of plan documents.” |
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| | To move the following Clause— |
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| | | “Power to direct preparation of joint development plan documents |
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| | (1) | The Planning and Compulsory Purchase Act 2004 is amended as follows. |
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| | (2) | After section 28 insert— |
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| | “28A | Power to direct preparation of joint development plan documents |
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5 | | (1) | The Secretary of State may direct two or more local planning authorities |
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| | to prepare a joint development plan document. |
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| | (2) | The Secretary of State may give a direction under this section in relation |
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| | to a document whether or not it is specified in the local development |
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| | schemes of the local planning authorities in question as a document |
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10 | | which is to be prepared jointly with one or more other local planning |
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| | (3) | The Secretary of State may give a direction under this section only if the |
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| | Secretary of State considers that to do so will facilitate the more effective |
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| | planning of the development and use of land in the area of one or more |
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15 | | of the local planning authorities in question. |
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| | (4) | A direction under this section may specify— |
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| | (a) | the area to be covered by the joint development plan document |
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| | to which the direction relates; |
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| | (b) | the matters to be covered by that document; |
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20 | | (c) | the timetable for preparation of that document. |
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| | (5) | The Secretary of State must, when giving a direction under this section, |
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| | notify the local planning authorities to which it applies of the reasons for |
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| | (6) | If the Secretary of State gives a direction under this section, the Secretary |
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25 | | of State may direct the local planning authorities to which it is given to |
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| | amend their local development schemes so that they cover the joint |
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| | development plan document to which it relates. |
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| | (7) | A joint development plan document is a development plan document |
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| | which is, or is required to be, prepared jointly by two or more local |
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30 | | planning authorities pursuant to a direction under this section. |
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| | 28B | Application of Part to joint development plan documents |
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| | (1) | This Part applies for the purposes of any step which may be or is required |
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| | to be taken in relation to a joint development plan document as it applies |
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| | for the purposes of any step which may be or is required to be taken in |
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35 | | relation to a development plan document. |
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| | (2) | For the purposes of subsection (1) anything which must be done by or in |
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| | relation to a local planning authority in connection with a development |
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| | plan document must be done by or in relation to each of the authorities |
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| | mentioned in section 28A(1) in connection with a joint development plan |
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40 | | |
| | (3) | If the authorities mentioned in section 28A(1) include a London borough |
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| | council or a Mayoral development corporation, the requirements of this |
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| | Part in relation to the spatial development strategy also apply. |
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| | (4) | Those requirements also apply if— |
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45 | | (a) | a combined authority established under section 103 of the Local |
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| | Democracy, Economic Development and Construction Act 2009 |
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| | has the function of preparing the spatial development strategy for |
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| | the combined authority’s area, and |
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