1

House of Commons

Tuesday 25 October 2016

Public Bill Committee

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: NC3(a), NC4(a), NC5(a), NC6(a), NC15-NC16

Neighbourhood Planning Bill

Note

This document includes all amendments remaining before the Committee and

includes any withdrawn amendments at the end. The amendments have been

arranged in accordance with the Order of the Committee [18 October 2016].

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

12

Clause  6,  page  5,  line  27,  at end insert “in cases where the local authorities’

statement of community involvement was regarded as inadequate.”

Member’s explanatory statement

This amendment allows the Secretary of State only to require planning authorities to review their

statement of community involvement if they have failed to produce one.

Public Bill Committee: 25 October 2016                  

2

Neighbourhood Planning Bill, continued

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

15

Clause  7,  page  6,  line  7,  at end insert—

“(1A)    

Regulations made under subsection (1) must make provisions for local planning

authorities to make exceptions to conditions relating to matters set out in

paragraphs (a), (b) and (c) of subsection (1).”

Member’s explanatory statement

This amendment would ensure that there is a local voice and judgement taking into account local

circumstances and impact.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

18

Clause  7,  page  6,  line  12,  leave out subsection (2)(a)

Member’s explanatory statement

This amendment would ensure that “acceptable in planning terms” does not mean that conditions

can be overlooked because they are unacceptable for other reasons.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

19

Clause  7,  page  6,  line  18,  at end insert—

“including in terms of sustainable development and public interest.”

Member’s explanatory statement

This amendment would ensure that there is a sustainable development test in conditions and that

they are acceptable to local people.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

16

Clause  7,  page  6,  line  20,  at end insert “which must include consultation with local

authorities.”

Member’s explanatory statement

This amendment would ensure that local authorities are consulted on the draft regulations.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

17

Clause  7,  page  6,  line  20,  at end insert—

“(1A)    

Regulations made under subsection (1) must make provision for an appeal

process.”

Member’s explanatory statement

This amendment would ensure that provision is made for an appeals process.

Public Bill Committee: 25 October 2016                  

3

Neighbourhood Planning Bill, continued

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

22

Clause  7,  page  6,  line  23,  leave out subsection (5)

Member’s explanatory statement

This amendment would ensure that local authorities are still able to make necessary pre-

commencement conditions on developers.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

20

Clause  7,  page  6,  line  24,  at end insert—

“where agreement cannot be reached a mediation system should be

prescribed.”

Member’s explanatory statement

This amendment would allow for there to be a mechanism to resolve disputes.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

21

Clause  7,  page  6,  line  26,  at end insert—

“(5A)    

The Secretary of State should provide guidance for appeal routes where an

agreement cannot be reached on pre-commencement conditions, along with

guidance on pre-completion and pre-occupation conditions.”

Member’s explanatory statement

This amendment would ensure that there is clarity on appeal routes, pre-completion and pre-

occupation conditions.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

23

Page  5,  line  35,  leave out Clause 7

Member’s explanatory statement

This amendment would remove from the Bill completely the changes to planning conditions.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

28

Clause  8,  page  7,  line  21,  at end insert—

“(e)    

information on the number of permitted demolition of offices for residential use

to a similar scale including—

(a)    

the impact on a local plan;

(b)    

an estimate as to how many homes the development will deliver and

Public Bill Committee: 25 October 2016                  

4

Neighbourhood Planning Bill, continued

(c)    

a consultation with the local authority regarding the effect of the change

of use on any urban regeneration plans.” 

Member’s explanatory statement

This amendment would ensure monitoring of the impact of permitted right of demolition on offices,

on urban regeneration that requires office space and on the provision of housing.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

29

Clause  8,  page  8,  line  10,  at end insert—

“(9)    

The cost of compiling a register and gathering the information to underpin it

should be met by the Secretary of State.”  

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

30

Clause  9,  page  8,  line  23,  at end insert—

“(2A)    

The power of temporary possession of leasehold interests is not available if an

interest would terminate within one year of the date on which the authority

intends to hand back possession to the occupier.” 

Member’s explanatory statement

This amendment would establish a limitation on the temporary possession of leasehold interests.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

31

Clause  12,  page  10,  line  10,  leave out “6” and insert “3”

Member’s explanatory statement

This amendment would reduce the length of time that an acquiring authority can take temporary

possession of land.

Gavin Barwell

24

Clause  34,  page  26,  line  38,  leave out “subsections (2) and” and insert “subsection”

Member’s explanatory statement

This amendment and amendment 25 provide for the repeal of section 141(5A) of the Local

Government, Planning and Land Act 1980 in clause 23(3) to extend to England and Wales only.

Although section 141 generally extends to Scotland, subsection (5A) only extends to England and

Wales, so its repeal should only extend there.

Public Bill Committee: 25 October 2016                  

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Neighbourhood Planning Bill, continued

Gavin Barwell

25

Clause  34,  page  26,  line  39,  leave out subsection (2)

Member’s explanatory statement

See the explanatory statement for amendment 24.

Gavin Barwell

26

Clause  35,  page  27,  line  8,  after “3”, insert “, (Power to direct preparation of joint

local development documents)”

Member’s explanatory statement

The amendment provides for the regulation-making powers conferred by NC4 to come into force

on the passing of the Act resulting from the Bill.

Gavin Barwell

27

Clause  35,  page  27,  line  8,  after “3”, insert “, (Review of local development

documents)”

Member’s explanatory statement

The amendment provides for the regulation-making powers conferred by NC7 to come into force

on the passing of the Act resulting from the Bill.

New Clauses

Gavin Barwell

NC3

To move the following Clause—

“Content of development plan documents

(1)    

In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of

local development documents) after subsection (1A) insert—

“(1B)    

Each local planning authority must identify the strategic priorities for the

development and use of land in the authority’s area.

(1C)    

Policies to address those priorities must be set out in the local planning

authority’s development plan documents (taken as a whole).

(1D)    

Subsection (1C) does not apply in the case of a London borough council

or a Mayoral development corporation if and to the extent that the council

or corporation are satisfied that policies to address those priorities are set

out in the spatial development strategy.

(1E)    

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, subsection (1D) also applies in relation to—

(a)    

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

the area of the combined authority, and

Public Bill Committee: 25 October 2016                  

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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.

As an Amendment to Gavin Barwell’s proposed New Clause (NC3):—

Dr Roberta Blackman-Woods

(a)

Line  19,  at end insert—

“(1F)    

The Secretary of State may by regulations require a particular timescale to be set

for the production of plan documents.”

Gavin Barwell

NC4

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.

Public Bill Committee: 25 October 2016                  

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Neighbourhood Planning Bill, continued

(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.

(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