|
|
| |
| |
|
| |
| |
| Neighbourhood Planning Bill
|
|
| [Seventh and Eighth Sittings]
|
|
| |
| 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| Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.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 |
|
| |
| |
| | |
| Clause 12, page 10, line 10, leave out “6” and insert “3” |
|
| | |
| |
| | Clauses 13 to 33 Agreed to. |
|
| |
| | |
| Clause 34, page 26, line 38, leave out “subsections (2) and” and insert “subsection” |
|
|
|
| |
| |
|
| |
| | |
| Clause 34, page 26, line 39, leave out subsection (2) |
|
| | Clause, as amended, Agreed to. |
|
| |
| |
| | |
| Clause 35, page 27, line 8, after “3”, insert “, (Power to direct preparation of joint |
|
| local development documents)” |
|
| |
| | |
| Clause 35, page 27, line 8, after “3”, insert “, (Review of local development |
|
| |
| | Clause, as amended, Agreed to. |
|
| | |
| |
| |
| |
| | |
| | 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 |
|
| | |
|
|
| |
| |
|
20 | | (2) | In section 35 of that Act (local planning authorities’ monitoring reports) after |
|
| | |
| | “(3A) | Subsection (3B) applies if a London borough council or a Mayoral |
|
| | development corporation have determined in accordance with section |
|
| | |
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 |
|
| | |
| | (b) | accordingly, such policies will not to that extent be set out in |
|
| | their development plan documents. |
|
30 | | (3B) | Each report by the council or corporation under subsection (2) must— |
|
| | (a) | indicate that such policies are set out in the spatial development |
|
| | |
| | (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 |
|
| | |
| | As an Amendment to Gavin Barwell’s proposed New Clause (NC3):— |
|
| Dr Roberta Blackman-Woods |
|
| | |
| |
| | “(1F) | The Secretary of State may by regulations require a particular timescale to be set |
|
| | for the production of plan documents.” |
|
| |
| |
| | |
| | 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 |
|
5 | | (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 |
|
|
|
| |
| |
|
10 | | which is to be prepared jointly with one or more other local planning |
|
| | |
| | (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 |
|
| | |
| | (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 | | |
| | (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. |
|
|
|
| |
| |
|
55 | | (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, |
|
60 | | |
| | (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 |
|
75 | | request the Secretary of State to do so, the Secretary of State may direct |
|
| | |
| | (a) | the examination is resumed in relation to— |
|
| | (i) | any corresponding document prepared by a local |
|
| | planning authority to which the direction applied, or |
|
80 | | (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 |
|
90 | | 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 |
|
| | |
| | (5) | Section 28 (joint local development documents) is amended in accordance with |
|
100 | | |
|
|
| |
| |
|
| | (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 | | |
| | (8) | In section 37 (interpretation) after subsection (5B) insert— |
|
| | “(5C) | Joint local development document must be construed in accordance with |
|
| | |
| | (5D) | Joint development plan document must be construed in accordance with |
|
115 | | |
| | (9) | Schedule A1 (default powers exercisable by Mayor of London, combined |
|
| | authority and county council) is amended in accordance with subsections (10) and |
|
| | |
| | (10) | In paragraph 3 (powers exercised by the Mayor of London) after sub-paragraph |
|
120 | | |
| | “(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) |
|
| | |
| | “(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 |
|
| | |
| | As an Amendment to Gavin Barwell’s proposed New Clause (NC4):— |
|
| Dr Roberta Blackman-Woods |
|
| | |
| Line 92, at end insert “after consulting with the local authorities concerned.” |
|
| |
| |
| | |
| | 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.” |
|
|
|
| |
| |
|
| | As an Amendment to Gavin Barwell’s proposed New Clause (NC5):— |
|
| Dr Roberta Blackman-Woods |
|
| | |
| Line 4, at end insert “with the agreement of district councils.” |
|
| |
| |
| | |
| | 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 |
|
| | |
| | (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 |
|
| | |
| | (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 | | |
| | As an Amendment to Gavin Barwell’s proposed New Clause (NC6):— |
|
| Dr Roberta Blackman-Woods |
|
| | |
| |
| | “(d) | technical documents.” |
|
| |
|