Notices of Amendments: 18 October 2016                  

15

Neighbourhood Planning Bill, continued

4          

After paragraph 7 insert—

“Default powers exercisable by county council

7A         

In this Schedule—

“upper-tier county council” means a county council for an

area for which there is also a district council;

“lower-tier planning authority”, in relation to an upper-tier

county council, means a district council which is the local

planning authority for an area within the area of the upper-

tier county council.

7B         

If the Secretary of State—

(a)    

thinks that a lower-tier planning authority are failing or

omitting to do anything it is necessary for them to do in

connection with the preparation, revision or adoption of a

development plan document, and

(b)    

invites the upper-tier county council to prepare or revise the

document,

the upper-tier county council may prepare or revise (as the case may

be) the development plan document.

7C  (1)  

This paragraph applies where a development plan document is

prepared or revised by an upper-tier county council under

paragraph 7B.

      (2)  

The upper-tier county council must hold an independent

examination.

      (3)  

The upper-tier county council—

(a)    

must publish the recommendations and reasons of the

person appointed to hold the examination, and

(b)    

may also give directions to the lower-tier planning

authority in relation to publication of those

recommendations and reasons.

      (4)  

The upper-tier county council may—

(a)    

approve the document, or approve it subject to specified

modifications, as a local development document, or

(b)    

direct the lower-tier planning authority to consider

adopting the document by resolution of the authority as a

local development document.

7D  (1)  

Subsections (4) to (7C) of section 20 apply to an examination held

under paragraph 7C(2)—

(a)    

with the reference to the local planning authority in

subsection (7C) of that section being read as a reference to

the upper-tier county council, and

(b)    

with the omission of subsections (5)(c), (7)(b)(ii) and

(7B)(b).

      (2)  

The upper-tier county council must give reasons for anything they

do in pursuance of paragraph 7B or 7C(4).

      (3)  

The lower-tier planning authority must reimburse the upper-tier

county council—

Notices of Amendments: 18 October 2016                  

16

Neighbourhood Planning Bill, continued

(a)    

for any expenditure that the upper-tier county council incur

in connection with anything which is done by them under

paragraph 7B and which the lower-tier planning authority

failed or omitted to do as mentioned in that paragraph;

(b)    

for any expenditure that the upper-tier county council incur

in connection with anything which is done by them under

paragraph 7C(2).

      (4)  

In the case of a joint local development document or a joint

development plan document, the upper-tier council may apportion

liability for the expenditure on such basis as the council considers

just between the authorities for whom the document has been

prepared.”

5    (1)  

Paragraph 8 is amended as follows.

      (2)  

In sub-paragraph (1)—

(a)    

omit the “or” at the end of paragraph (a), and

(b)    

at the end of paragraph (b) insert “, or

(c)    

under paragraph 7B by an upper-tier county

council.”

      (3)  

In sub-paragraph (2)(a)—

(a)    

for “or 6(4)(a)” substitute “, 6(4)(a) or 7C(4)(a)”, and

(b)    

for “or the combined authority” substitute “, the combined authority or

the upper-tier county council”.

      (4)  

In sub-paragraph (3)(a) for “or the combined authority” substitute “, the

combined authority or the upper-tier county council”.

      (5)  

In sub-paragraph (5) for “or 6(4)(a)” substitute “, 6(4)(a) or 7C(4)(a)”.

      (6)  

In sub-paragraph (7)—

(a)    

in paragraph (b) for “or 6(4)(a)” substitute “, 6(4)(a) or 7C(4)(a)”, and

(b)    

in the words following that paragraph for “or the combined authority”

substitute “, the combined authority or the upper-tier county council”.

6          

In paragraph 9(8) for “or the combined authority” substitute “, the combined

authority or the upper-tier county council”.

7          

In paragraph 12—

(a)    

for “or the combined authority” substitute “, the combined authority or

the upper-tier county council”, and

(b)    

for “or the authority” substitute “, the authority or the council”.

8          

In paragraph 13(1)—

(a)    

for “or a combined authority” substitute “, a combined authority or an

upper-tier county council”, and

(b)    

for “or the authority” substitute “, the authority or the council”.

9          

In section 17(8) (document a local development document only if adopted or

approved) after paragraph (d) insert—

“(e)    

is approved by an upper-tier county council (as defined in that

Schedule) under paragraph 7C of that Schedule.”

10         

In section 27A (default powers exercisable by Mayor of London or combined

authority) in both places for “or combined authority” substitute “, combined

authority or county council”.”

Member’s explanatory statement

See the explanatory statement for NC5.

Notices of Amendments: 18 October 2016                  

17

Neighbourhood Planning Bill, continued

Order of the House [10 October 2016]

That the following provisions shall apply to the Neighbourhood Planning Bill:

Committal

1.    

The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on 1 November 2016.

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Proceedings on Consideration and up to and including Third Reading

4.    

Proceedings on Consideration and any proceedings in legislative grand

committee shall (so far as not previously concluded) be brought to a

conclusion one hour before the moment of interruption on the day on which

proceedings on Consideration are commenced.

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.    

Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and up to and including Third Reading.

Other proceedings

7.    

Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [18 October 2016]

That—

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 18

October meet—

(a)  

at 2.00 pm on Tuesday 18 October; 

(b)  

at 11.30 am and 2.00 pm on Thursday 20 October;

(c)  

at 9.25 am and 2.00 pm on Tuesday 25 October;

(d)  

at 11.30 am and 2.00 pm on Thursday 27 October;

(e)  

at 9.25 am and 2.00 pm on Tuesday 1 November;

(2)  

the Committee shall hear oral evidence in accordance with the following

Table:

TABLE

Notices of Amendments: 18 October 2016                  

18

Neighbourhood Planning Bill, continued

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 3; Schedule 1; Clauses 4 to 7; Schedule 2;

Clauses 8 to 36; new Clauses; new Schedules; remaining proceedings on the

Bill;

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Tuesday 1 November.