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| |
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| | (1D) | Subsection (1C) does not apply in the case of a London borough council |
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| | or a Mayoral development corporation if and to the extent that the council |
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| | or corporation are satisfied that policies to address those priorities are set |
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| | out in the spatial development strategy. |
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| | (1E) | If a combined authority established under section 103 of the Local |
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| | Democracy, Economic Development and Construction Act 2009 has the |
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| | function of preparing the spatial development strategy for the authority’s |
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| | area, subsection (1D) also applies in relation to— |
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| | (a) | a local planning authority whose area is within, or the same as, |
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| | the area of the combined authority, and |
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| | (b) | the spatial development strategy published by the combined |
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| | |
| | (2) | In section 35 of that Act (local planning authorities’ monitoring reports) after |
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| | |
| | “(3A) | Subsection (3B) applies if a London borough council or a Mayoral |
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| | development corporation have determined in accordance with section |
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| | |
| | (a) | policies to address the strategic priorities for the development |
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| | and use of land in their area are set out in the spatial development |
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| | |
| | (b) | accordingly, such policies will not to that extent be set out in |
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| | their development plan documents. |
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| | (3B) | Each report by the council or corporation under subsection (2) must— |
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| | (a) | indicate that such policies are set out in the spatial development |
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| | |
| | (b) | specify where in the strategy those policies are set out. |
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| | (3C) | If a combined authority established under section 103 of the Local |
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| | Democracy, Economic Development and Construction Act 2009 has the |
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| | function of preparing the spatial development strategy for the authority’s |
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| | area, subsections (3A) and (3B) also apply in relation to— |
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| | (a) | a local planning authority whose area is within, or the same as, |
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| | the area of the combined authority, and |
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| | (b) | the spatial development strategy published by the combined |
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| | |
| | Member’s explanatory statement
|
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| | This new clause requires a local planning authority to identify the strategic priorities for the |
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| | development and use of land in the authority’s area and to set out policies to address these in their |
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| | development plan documents. The latter duty does not apply in the case of certain authorities to |
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| | the extent that other documents set out the policies, but in that case the authority’s monitoring |
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| | reports must make that clear. |
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| |
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| |
| | |
| |
| To move the following Clause— |
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| | | “Power to direct preparation of joint development plan documents |
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| | (1) | The Planning and Compulsory Purchase Act 2004 is amended as follows. |
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| | (2) | After section 28 insert— |
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| | “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 |
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| | to prepare a joint development plan document. |
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| | (2) | The Secretary of State may give a direction under this section in relation |
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| | to a document whether or not it is specified in the local development |
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| | schemes of the local planning authorities in question as a document |
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| | which is to be prepared jointly with one or more other local planning |
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| | |
| | (3) | The Secretary of State may give a direction under this section only if the |
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| | Secretary of State considers that to do so will facilitate the more effective |
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| | planning of the development and use of land in the area of one or more |
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| | of the local planning authorities in question. |
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| | (4) | A direction under this section may specify— |
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| | (a) | the area to be covered by the joint development plan document |
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| | to which the direction relates; |
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| | (b) | the matters to be covered by that document; |
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| | (c) | the timetable for preparation of that document. |
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| | (5) | The Secretary of State must, when giving a direction under this section, |
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| | notify the local planning authorities to which it applies of the reasons for |
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| | |
| | (6) | If the Secretary of State gives a direction under this section, the Secretary |
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| | of State may direct the local planning authorities to which it is given to |
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| | amend their local development schemes so that they cover the joint |
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| | development plan document to which it relates. |
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| | (7) | A joint development plan document is a development plan document |
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| | which is, or is required to be, prepared jointly by two or more local |
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| | planning authorities pursuant to a direction under this section. |
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| | 28B | Application of Part to joint development plan documents |
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| | (1) | This Part applies for the purposes of any step which may be or is required |
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| | to be taken in relation to a joint development plan document as it applies |
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| | for the purposes of any step which may be or is required to be taken in |
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| | relation to a development plan document. |
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| | (2) | For the purposes of subsection (1) anything which must be done by or in |
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| | relation to a local planning authority in connection with a development |
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| | plan document must be done by or in relation to each of the authorities |
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| | mentioned in section 28A(1) in connection with a joint development plan |
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| | |
| | (3) | If the authorities mentioned in section 28A(1) include a London borough |
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| | council or a Mayoral development corporation, the requirements of this |
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| | Part in relation to the spatial development strategy also apply. |
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|
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| |
| |
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| | (4) | Those requirements also apply if— |
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| | (a) | a combined authority established under section 103 of the Local |
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| | Democracy, Economic Development and Construction Act 2009 |
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| | has the function of preparing the spatial development strategy for |
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| | the combined authority’s area, and |
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| | (b) | the authorities mentioned in section 28A(1) include a local |
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| | planning authority whose area is within, or is the same as, the |
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| | area of the combined authority. |
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| | 28C | Modification or withdrawal of direction under section 28A |
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| | (1) | The Secretary of State may modify or withdraw a direction under section |
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| | 28A by notice in writing to the authorities to which it was given. |
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| | (2) | The Secretary of State must, when modifying or withdrawing a direction |
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| | under section 28A, notify the local planning authorities to which it was |
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| | given of the reasons for the modification or withdrawal. |
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| | (3) | The following provisions of this section apply if— |
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| | (a) | the Secretary of State withdraws a direction under section 28A, |
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| | |
| | (b) | the Secretary of State modifies a direction under that section so |
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| | that it ceases to apply to one or more of the local planning |
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| | authorities to which it was given. |
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| | (4) | Any step taken in relation to the joint development plan document to |
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| | which the direction related is to be treated as a step taken by— |
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| | (a) | a local planning authority to which the direction applied for the |
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| | purposes of any corresponding document prepared by them, or |
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| | (b) | two or more local planning authorities to which the direction |
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| | applied for the purposes of any corresponding joint development |
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| | plan document prepared by them. |
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| | (5) | Any independent examination of a joint development plan document to |
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| | which the direction related must be suspended. |
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| | (6) | If before the end of the period prescribed for the purposes of this |
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| | 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 |
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| | |
| | (a) | the examination is resumed in relation to— |
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| | (i) | any corresponding document prepared by a local |
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| | planning authority to which the direction applied, or |
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| | (ii) | any corresponding joint development plan document |
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| | prepared by two or more local planning authorities to |
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| | which the direction applied, and |
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| | (b) | any step taken for the purposes of the suspended examination has |
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| | effect for the purposes of the resumed examination. |
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| | (7) | The Secretary of State may by regulations make provision as to what is a |
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| | corresponding document or a corresponding joint development plan |
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| | document for the purposes of this section.” |
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| | (3) | In section 21 (intervention by Secretary of State) after subsection (11) insert— |
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| | “(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 |
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|
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| |
| |
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| | expenditure on such basis as the Secretary of State thinks just between |
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| | the local planning authorities who have prepared the document.” |
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| | (4) | In section 27 (Secretary of State’s default powers) after subsection (9) insert— |
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| | “(10) | 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 |
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| | expenditure on such basis as the Secretary of State thinks just between |
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| | the local planning authorities for whom the document has been |
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| | |
| | (5) | Section 28 (joint local development documents) is amended in accordance with |
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| | |
| | (6) | In subsection (9) for paragraph (a) substitute— |
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| | “(a) | the examination is resumed in relation to— |
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| | (i) | any corresponding document prepared by an authority |
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| | which were a party to the agreement, or |
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| | (ii) | any corresponding joint local development document |
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| | prepared by two or more other authorities which were |
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| | parties to the agreement;”. |
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| | (7) | In subsection (11) (meaning of “corresponding document”) at the end insert “or |
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| | a corresponding joint local development document for the purposes of this |
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| | |
| | (8) | In section 37 (interpretation) after subsection (5B) insert— |
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| | “(5C) | Joint local development document must be construed in accordance with |
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| | |
| | (5D) | Joint development plan document must be construed in accordance with |
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| | |
| | (9) | Schedule A1 (default powers exercisable by Mayor of London, combined |
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| | authority and county council) is amended in accordance with subsections (10) and |
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| | |
| | (10) | In paragraph 3 (powers exercised by the Mayor of London) after sub-paragraph |
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| | |
| | “(4) | In the case of a joint local development document or a joint |
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| | development plan document, the Mayor may apportion liability for the |
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| | expenditure on such basis as the Mayor thinks just between the |
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| | councils for whom the document has been prepared.” |
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| | (11) | In paragraph 7 (powers exercised by combined authority) after sub-paragraph (3) |
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| | |
| | “(4) | In the case of a joint local development document or a joint |
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| | development plan document, the combined authority may apportion |
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| | liability for the expenditure on such basis as the authority considers |
|
| | just between the authorities for whom the document has been |
|
| | |
| | Member’s explanatory statement
|
|
| | This new clause enables the Secretary of State to give a direction requiring two or more local |
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| | planning authorities to prepare a joint development plan document. It also makes provision about |
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| | the consequences of withdrawal or modification of such a direction. |
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| |
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| |
| |
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| |
| | |
| |
| 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 |
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| | documents) makes provision for the exercise of default powers by county |
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| | councils in relation to development plan documents.” |
|
| | Member’s explanatory statement
|
|
| | This new clause and NS1 enable the Secretary of State to invite a county council to prepare or |
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| | revise a development plan document in a case where the Secretary of State thinks that a district |
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| | council in the county council’s area is failing to prepare, revise or adopt such a document. |
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| |
| |
| | |
| |
| 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 |
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| | Part 2) is amended in accordance with subsections (2) and (3). |
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| | (2) | In the heading after “Regulations” insert “and standards”. |
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| | (3) | After subsection (2) insert— |
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| | “(3) | The Secretary of State may from time to time publish data standards |
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| | |
| | (a) | local development schemes, |
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| | (b) | local development documents, or |
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| | (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 |
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| | |
| | (5) | A local planning authority must comply with the data standards |
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| | published under subsection (3) in preparing, publishing, maintaining or |
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| | 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 |
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| | development scheme may be given by Secretary of State or Mayor of London)— |
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| | (a) | after “only if” insert “—(a)”, and |
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| | (b) | at the end of paragraph (a) insert “, or |
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| | (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 |
|
| | |
| | Member’s explanatory statement
|
|
| | This new clause enables the Secretary of State to set data standards for local development schemes |
|
| | and documents, requiring these documents or the data they contain to comply with specified |
|
| | technical specifications. It also enables the Secretary of State or the Mayor of London to direct a |
|
|
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| |
| |
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| | local planning authority to revise a local development scheme so that it complies with data |
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| | |
| |
| |
| | |
| |
| To move the following Clause— |
|
| | | “Review of local development documents |
|
| | In section 17 of the Planning and Compulsory Purchase Act 2004 (local |
|
| | development documents) after subsection (6) insert— |
|
| | “(6A) | The Secretary of State may by regulations make provision requiring a |
|
| | local planning authority to review a local development document at such |
|
| | times as may be prescribed. |
|
| | (6B) | If regulations under subsection (6A) require a local planning authority to |
|
| | review a local development document— |
|
| | (a) | they must consider whether to revise the document following |
|
| | |
| | (b) | if they decide not to do so, they must publish their reasons for |
|
| | considering that no revisions are necessary. |
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| | (6C) | Any duty imposed by virtue of subsection (6A) applies in addition to the |
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| | duty in subsection (6).”” |
|
| | Member’s explanatory statement
|
|
| | This new clause enables regulations to require a local planning authority to review local |
|
| | development documents at prescribed times. |
|
| |
| Dr Roberta Blackman-Woods |
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| |
| |
| | |
| |
| To move the following Clause— |
|
| | | “Approval of draft-neighbourhood development plans by referendum |
|
| | (1) | Schedule 4B of the Town and Country Planning Act is amended as follows— |
|
| | (2) | After paragraph (2) insert— |
|
| | “(3) | The outcome of such a referendum shall only be valid if the turnout is |
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| | equal to or greater than 40%.” |
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| |
|
|
| |
| |
|
| Dr Roberta Blackman-Woods |
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| |
| |
| | |
| |
| To move the following Clause— |
|
| | | “Incentives to create neighbourhood plan |
|
| | (1) | Areas with an adopted neighbourhood development plan in place should benefit |
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| | from a locally agreed share in the New Homes Bonus. |
|
| | (2) | Areas with an adopted neighbourhood development plan should have access to |
|
| | enhanced Community Infrastructure Levy payments, and all councils shall have |
|
| | a Community Infrastructure Levy scheme in place by 2017.” |
|
| | Member’s explanatory statement
|
|
| | This new clause would create incentives to encourage communities to produce neighbourhood |
|
| | |
| |
| |
| | |
| |
| To move the following Clause— |
|
| | | “Neighbourhood planning: Addition of beauty as a basic condition |
|
| | (1) | Schedule 4B to the Town and Country Planning Act 1990 (process for making of |
|
| | neighbourhood development orders) is amended as follows. |
|
| | (2) | In paragraph 8, after sub-paragraph (2)(c) insert— |
|
| | “( ) | having regard to the desirability of promoting the conservation |
|
| | and enhancement of beauty in the built and natural environment, |
|
| | as perceived by the community within the neighbourhood area, |
|
| | within the neighbourhood area, it is appropriate to make the |
|
| | |
| | Member’s explanatory statement
|
|
| | This new clause would make the conservation and enhancement of beauty in the built and natural |
|
| | environment a basic condition that neighbourhood development order must meet. |
|
| |
| |
| |
| |
| | |
| |
| To move the following Schedule— |
|
| | “County councils’ default powers in relation to development plan |
|
| | |
| | 1 | The Planning and Compulsory Purchase Act 2004 is amended as follows. |
|
| | 2 | Schedule A1 (default powers exercisable by Mayor of London or combined |
|
| | authority) is amended in accordance with paragraphs 3 to 8. |
|
| | 3 | In the heading for “or combined authority” substitute “, combined authority or |
|
| | |
|