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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Neighbourhood Planning Bill
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| | This document includes all amendments remaining before the Committee and |
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| | includes any withdrawn amendments at the end. The amendments have been |
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| | arranged in accordance with the Order of the Committee [18 October 2016].
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| Dr Roberta Blackman-Woods |
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| Clause 12, page 10, line 10, leave out “6” and insert “3” |
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| | Member’s explanatory statement
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| | This amendment would reduce the length of time that an acquiring authority can take temporary |
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| Clause 34, page 26, line 38, leave out “subsections (2) and” and insert “subsection” |
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| | Member’s explanatory statement
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| | This amendment and amendment 25 provide for the repeal of section 141(5A) of the Local |
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| | Government, Planning and Land Act 1980 in clause 23(3) to extend to England and Wales only. |
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| | Although section 141 generally extends to Scotland, subsection (5A) only extends to England and |
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| | Wales, so its repeal should only extend there. |
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| Clause 34, page 26, line 39, leave out subsection (2) |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 24. |
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| Clause 35, page 27, line 8, after “3”, insert “, (Power to direct preparation of joint |
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| local development documents)” |
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| | Member’s explanatory statement
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| | The amendment provides for the regulation-making powers conferred by NC4 to come into force |
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| | on the passing of the Act resulting from the Bill. |
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| Clause 35, page 27, line 8, after “3”, insert “, (Review of local development |
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| | Member’s explanatory statement
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| | The amendment provides for the regulation-making powers conferred by NC7 to come into force |
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| | on the passing of the Act resulting from the Bill. |
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| | To move the following Clause— |
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| | | “Content of development plan documents |
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| | (1) | In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of |
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| | local development documents) after subsection (1A) insert— |
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| | “(1B) | Each local planning authority must identify the strategic priorities for the |
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5 | | development and use of land in the authority’s area. |
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| | (1C) | Policies to address those priorities must be set out in the local planning |
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| | authority’s development plan documents (taken as a whole). |
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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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10 | | 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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15 | | 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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20 | | (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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25 | | (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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30 | | (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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35 | | 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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40 | | (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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| | As an Amendment to Gavin Barwell’s proposed New Clause (NC3):— |
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| Dr Roberta Blackman-Woods |
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| Line 19, at end insert— |
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| | “(1F) | The Secretary of State may by regulations require a particular timescale to be set |
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| | for the production of plan documents.” |
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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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5 | | (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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10 | | 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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15 | | 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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20 | | (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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25 | | 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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30 | | 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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35 | | 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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40 | | |
| | (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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| | (4) | Those requirements also apply if— |
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45 | | (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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50 | | 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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55 | | (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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60 | | |
| | (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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65 | | 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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70 | | 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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75 | | 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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80 | | (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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85 | | (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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90 | | 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 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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95 | | 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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100 | | |
| | (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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105 | | (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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110 | | |
| | (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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115 | | |
| | (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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120 | | |
| | “(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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125 | | (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 |
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130 | | just between the authorities for whom the document has been |
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| | Member’s explanatory statement
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| | 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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| | As an Amendment to Gavin Barwell’s proposed New Clause (NC4):— |
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| Dr Roberta Blackman-Woods |
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| Line 92, at end insert “after consulting with the local authorities concerned.” |
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| | To move the following Clause— |
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| | | “County councils’ default powers in relation to development plan documents |
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| | 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.” |
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| | Member’s explanatory statement
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| | 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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| | As an Amendment to Gavin Barwell’s proposed New Clause (NC5):— |
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| Dr Roberta Blackman-Woods |
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| Line 4, at end insert “with the agreement of district councils.” |
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| | To move the following Clause— |
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| | | “Format of local development schemes and documents |
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| | (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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5 | | (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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10 | | (c) | local development documents of a particular kind. |
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| | (4) | For this purpose a “data standard” is a written standard which contains |
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| | technical specifications for a scheme or document or the data contained |
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