1

House of Commons

Notices of Amendments

given up to and including

Tuesday 18 October 2016

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: 24 to 27, NC3 to NC8 and NS1

Public Bill Committee

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includes any withdrawn amendments at the end.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

4

Clause  1,  page  1,  line  11,  at end insert “and insofar as it is consistent with the

relevant local plan.”

Member’s explanatory statement

This amendment ensures that neighbourhood plans are not considered if they are inconsistent with

local plans.

Notices of Amendments: 18 October 2016                  

2

Neighbourhood Planning Bill, continued

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

5

Clause  1,  page  1,  line  11,  at end insert “and insofar as it is consistent with the

National Planning Policy Framework and the National Planning Practice Guidance.”

Member’s explanatory statement

This amendment ensures that neighbourhood plans are not considered if they are incompatible

with the National Planning Policy Framework or the National Planning Practice Guidance.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

3

Clause  1,  page  1,  line  22,  at end insert—

“(c)    

if it has been examined by an independent examiner who is registered

with the Royal Town Planning Institute.”

Member’s explanatory statement

This amendment ensures that the examination of a neighbourhood plan is conducted by an RTPI

registered examiner.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

11

Clause  2,  page  2,  line  16,  at the end insert—

“(3A)    

To support Neighbourhood Plans, the Secretary of State should set out the weight

that should be given to approved development plans at key stages in the planning

process.”

Member’s explanatory statement

This amendment gives weight to Neighbourhood Plans at key stages along the process and not just

at the post- referendum stage.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

6

Clause  3,  page  2,  line  25,  at end insert “after consultation with the local area

involved.”

Member’s explanatory statement

This amendment ensures that any changes to a neighbourhood development order or plan are first

subject to consultation with the local area involved.

Notices of Amendments: 18 October 2016                  

3

Neighbourhood Planning Bill, continued

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

7

Clause  4,  page  4,  line  3,  at end insert “providing the subsequent area is not smaller

than a parish or town council area or local authority ward.”

Member’s explanatory statement

This amendment ensures that the size of a neighbourhood area is not smaller than a parish or town

council area or local authority ward.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

8

Clause  4,  page  4,  line  11,  at end insert—

“(6E)    

Modifications made to a neighbourhood area must be subject to consultation with

local people.”

Member’s explanatory statement

This amendment ensures that neighbourhood areas are only changed after the consultation with

local community and that changes are driven by what the community wants.

Helen Hayes

1

Clause  5,  page  4,  line  40,  leave out “as follows” and insert “in accordance with

subsections (2) to (4)”

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

13

Clause  5,  page  5,  line  6,  at end insert—

“(2BA)    

Such statements of community involvement must include a right for members of

the community to be heard.”

Member’s explanatory statement

This amendment would give local people and communities a statutory right to be heard.

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

14

Clause  5,  page  5,  line  6,  at end insert—

“(2BA)    

Such statements of community involvement shall include measures to enable

local parish councils to be set up in a streamlined and speedy manner.”

Member’s explanatory statement

This amendment would make it easier for new parish and town councils to be formed.

Notices of Amendments: 18 October 2016                  

4

Neighbourhood Planning Bill, continued

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

9

Clause  5,  page  5,  line  9,  at end insert—

“(c)    

reasonable payments made by local authorities for the purpose set out in

paragraph (a) and (b) shall be recovered from the Secretary of State’s

department.”

Member’s explanatory statement

This amendment allows for the full recovery of costs of assisting with the development of a

neighbourhood plan to be recovered to the local authority.

Helen Hayes

2

Clause  5,  page  5,  line  19,  after subsection (3) insert—

“(4)    

Section 120 of the Localism Act 2011 (Financial assistance in relation to

neighbourhood planning) is amended as follows—

(a)    

at the end of subsection (2)(a) leave out “, and” and insert “subject to the

condition that such assistance is prioritised for bodies or persons in

deprived communities, and”,

(b)    

after subsection (3)(b), insert—

“(ba)    

a deprived community is defined as being any area

which is among the 20 per cent most deprived Lower

Layer Super Output Areas according to the most

recently published English Indices of Deprivation,

(bb)    

prioritised financial assistance is defined to mean that no

less than 50 per cent of the total value of the financial

assistance provided under this section is provided to

deprived communities.””

Dr Roberta Blackman-Woods

Teresa Pearce

Jim McMahon

10

Clause  5,  page  5,  line  19,  at the end insert—

“(4)    

To support Neighbourhood Plans, all councils should have a Local Development

Plan in place by December 2017.”

Member’s explanatory statement

This amendment ensures that Local Plans are in place so Neighbourhood Plans can be made in

line with the strategic aims of Local Plans.

Notices of Amendments: 18 October 2016                  

5

Neighbourhood Planning Bill, continued

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.

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.

Notices of Amendments: 18 October 2016                  

6

Neighbourhood Planning Bill, continued

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.

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.

Notices of Amendments: 18 October 2016                  

7

Neighbourhood Planning Bill, continued

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.

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).