Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Thursday 27 October 2016

 

Public Bill Committee Proceedings

 

Neighbourhood Planning Bill


 

[Seventh and Eighth Sittings]


 

Glossary

 

This document shows the fate of each clause, schedule, amendment and new clause.

 

The following terms are used:

 

Agreed to: agreed without a vote.

 

Agreed to on division: agreed following a vote.

 

Negatived: rejected without a vote.

 

Negatived on division: rejected following a vote.

 

Not called: debated in a group of amendments, but not put to a decision.

 

Not moved: not debated or put to a decision.

 

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

 

Not selected: not chosen for debate by the Chair.

 

 


 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Jim McMahon

 

Withdrawn  31

 

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

 

Clause Agreed to.

 


 

Clauses 13 to 33 Agreed to.

 

Gavin Barwell

 

Agreed to  24

 

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


 
 

Public Bill Committee Proceedings: 27 October 2016        

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Neighbourhood Planning Bill, continued

 
 

Gavin Barwell

 

Agreed to  25

 

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

 

Clause, as amended, Agreed to.

 


 

Gavin Barwell

 

Agreed to  26

 

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

 

local development documents)”

 

Gavin Barwell

 

Agreed to  27

 

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

 

documents)”

 

Clause, as amended, Agreed to.

 

Clause 36 Agreed to.

 


 

New Clauses

 

Gavin Barwell

 

Added  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

5

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

10

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

15

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

 

(b)    

the spatial development strategy published by the combined

 

authority.”


 
 

Public Bill Committee Proceedings: 27 October 2016        

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Neighbourhood Planning Bill, continued

 

20

(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—

25

(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.

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(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

35

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

40

(b)    

the spatial development strategy published by the combined

 

authority.””

 

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

 

Dr Roberta Blackman-Woods

 

Not called  (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

 

Added  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.

 

(2)    

After section 28 insert—

 

“28A  

Power to direct preparation of joint development plan documents

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(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


 
 

Public Bill Committee Proceedings: 27 October 2016        

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Neighbourhood Planning Bill, continued

 

10

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

15

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;

20

(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

25

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

30

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

35

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

40

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—

45

(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

50

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.


 
 

Public Bill Committee Proceedings: 27 October 2016        

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Neighbourhood Planning Bill, continued

 

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(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.

 

(3)    

The following provisions of this section apply if—

 

(a)    

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

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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

65

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

70

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

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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

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(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.

85

(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

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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

95

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

100

subsections (6) and (7).


 
 

Public Bill Committee Proceedings: 27 October 2016        

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Neighbourhood Planning Bill, continued

 
 

(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

105

(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

110

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

115

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

120

(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.”

125

(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

130

just between the authorities for whom the document has been

 

prepared.””

 

As an Amendment to Gavin Barwell’s proposed New Clause (NC4):—

 

Dr Roberta Blackman-Woods

 

Not called  (a)

 

Line  92,  at end insert “after consulting with the local authorities concerned.”

 


 

Gavin Barwell

 

Added  NC5

 

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.”


 
 

Public Bill Committee Proceedings: 27 October 2016        

7

 

Neighbourhood Planning Bill, continued

 
 

As an Amendment to Gavin Barwell’s proposed New Clause (NC5):—

 

Dr Roberta Blackman-Woods

 

Not called  (a)

 

Line  4,  at end insert “with the agreement of district councils.”

 


 

Gavin Barwell

 

Added  NC6

 

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”.

5

(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

10

(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

15

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

20

(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

25

standards.””

 

As an Amendment to Gavin Barwell’s proposed New Clause (NC6):—

 

Dr Roberta Blackman-Woods

 

Not called  (a)

 

Line  10,  at end insert—

 

“(d)    

technical documents.”

 



 
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Revised 27 October 2016