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SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 13 December 2016

 

Report Stage Proceedings

 

Neighbourhood Planning Bill, As Amended


 

Glossary

 

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Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.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 Speaker.

 

 


 

New ClauseS

 

Secretary Sajid Javid

 

Added  NC6

 

To move the following Clause—

 

         

“Compensation for temporary severance of land after vesting declaration

 

    

In Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981

 

(counter-notice requiring purchase of land not in general vesting declaration), in

 

paragraph 16, after sub-paragraph (3) insert—

 

    “(4)  

If the vesting date for the specified land is after the vesting date for any

 

land proposed to be acquired, the Upper Tribunal’s power to award

 

compensation under section 7 of the Compulsory Purchase Act 1965

 

includes power to award compensation for any loss suffered by the


 
 

Report Stage Proceedings: 13 December 2016              

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Neighbourhood Planning Bill, continued

 
 

owner by reason of the temporary severance of the land proposed to be

 

acquired from the specified land.””

 


 

Graham Jones

 

Mr Charles Walker

 

Mr David Burrowes

 

Carolyn Harris

 

Paul Blomfield

 

Mr David Lammy

Steve Rotherham

Marie Rimmer

Caroline Lucas

Helen Hayes

Sammy Wilson

Alex Cunningham

 

Negatived  NC1

 

To move the following Clause—

 

         

“Guidance on clustering of betting offices and pay day loan shops

 

(1)    

Before exercising his powers under section 36(1) the Secretary of State must

 

issue guidance to local authorities on the granting of planning for permission

 

change of use to betting offices and pay day loan shops.

 

(2)    

This guidance must set out the manner in which policies in neighbourhood plans

 

and local plans about the number, density and impact of betting offices and pay

 

day loan shops shall be taken into account when determining applications for

 

change of use, to prevent a deleterious effect on the neighbourhood or local area.”

 


 

Antoinette Sandbach

 

Not called  NC2

 

To move the following Clause—

 

         

“Planning Applications: award of costs

 

(1)    

Where a planning application for development meets the terms of subsection (2),

 

and is—

 

(a)    

refused by a local authority, or

 

(b)    

an appeal under section 78 of the TCPA 1990 which is dismissed,

 

    

the planning authority may apply to the Secretary of State for an award of costs

 

to reimburse the expenses incurred by individuals who submitted objections to

 

the unsuccessful application or appeal.

 

(2)    

A planning authority may only use this power if the following conditions are

 

met—

 

(a)    

the unsuccessful application or appeal concerned a new commercial or

 

residential development; and

 

(b)    

the application or appeal was unsuccessful, at least in part, due to its

 

incompatibility with the relevant approved neighbourhood development

 

plan.”

 



 
 

Report Stage Proceedings: 13 December 2016              

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Neighbourhood Planning Bill, continued

 
 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Jim McMahon

 

Not called  NC3

 

To move the following Clause—

 

         

“Review of compulsory purchase

 

Before exercising his powers under section 35(1) the Secretary of State must

 

carry out a review of the entire compulsory purchase order process.”

 


 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Jim McMahon

 

Not called  NC4

 

To move the following Clause—

 

         

“Sustainable development and placemaking

 

(1)    

The Secretary of State must issue guidance setting out how the principles of

 

sustainable development and placemaking can be—

 

(a)    

reflected in neighbourhood development plans;

 

(b)    

used by local authorities to support neighbourhood planning.

 

(2)    

“Sustainable development and placemaking” means managing the use,

 

development and protection of land and natural resources in a way which enables

 

people and communities to provide for their legitimate social, economic and

 

cultural wellbeing while sustaining the potential of future generations to meet

 

their own needs.

 

(3)    

To support this aim local planning authorities should—

 

(a)    

identify suitable land for development in line with the economic, social

 

and environmental objectives so as to improve the quality of life,

 

wellbeing and health of people and the community;

 

(b)    

contribute to the sustainable economic development of the community;

 

(c)    

contribute to the vibrant cultural and artistic development of the

 

community;

 

(d)    

protect and enhance the natural and historic environment;

 

(e)    

contribute to mitigation and adaptation to climate change in line with the

 

objectives of the Climate Change Act 2008;

 

(f)    

promote high quality and inclusive design;

 

(g)    

ensure that decision-making is open, transparent, participative and

 

accountable; and

 

(h)    

ensure that assets are managed for long-term interest of the community.”

 



 
 

Report Stage Proceedings: 13 December 2016              

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Neighbourhood Planning Bill, continued

 
 

Sir Oliver Letwin

 

Not called  NC5

 

To move the following Clause—

 

         

“Neighbourhood Planning: Payments to support production of plans

 

(1)    

Where a parish is designated as a neighbourhood area under the Neighbourhood

 

Planning (General) Regulations 2012, and where the parish council agrees to

 

forego some or all of the relevant Community Infrastructure Ley Monies, the

 

Local Planning Authority may make available the amounts foregone to support

 

the parish council in the production of a Neighbourhood Plan or a Neighbourhood

 

Development Order.

 

(2)    

For the purposes of subsection (1) the relevant Community Infrastructure Levy

 

Monies are those that will be payable to the Local Planning Authority under

 

Regulation 8 of the CIL (Amendment) Regulations 2013 if the Neighbourhood

 

Plan or Neighbourhood Development Order, when made—

 

(a)    

provides for the number of houses specified for development in that

 

neighbourhood area under the relevant Local Plan, and

 

(b)    

those houses are built.”

 


 

Nick Herbert

 

Sir Oliver Letwin

 

Mr Andrew Mitchell

 

Sir Nicholas Soames

 

Sir Henry Bellingham

 

Crispin Blunt

Fiona Bruce

Maria Caulfield

Geoffrey Clifton-Brown

Philip Davies

Jason McCartney

Nigel Mills

Antoinette Sandbach

Martin Vickers

William Wragg

Dr Roberta Blackman-Woods

 

Not called  NC7

 

To move the following Clause—

 

         

“Planning decisions: involvement of neighbourhood planning bodies

 

In place of section 75ZB of the Town and Country Planning Act 1990 (as inserted

 

by section 156 of the Housing and Planning Act 2016) insert—

 

“75ZB

  Responsibilities of decision-makers in respect of Neighbourhood

 

   Development Plans in the exercise of planning functions

 

(1)    

In considering whether to grant planning permission or permission in

 

principle for development which affects land all or part of which is

 

included within the area covered by a made or emerging Neighbourhood

 

Development Plan, the local planning authority must—

 

(a)    

have regard to the desirability of upholding the policies and

 

proposals contained in the Neighbourhood Development Plan;

 

(b)    

send a copy of the application to the relevant neighbourhood

 

planning body;

 

(c)    

allow the relevant neighbourhood planning body a period of 21

 

days from receipt of the application to make recommendations

 

about how the application should be determined; and


 
 

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Neighbourhood Planning Bill, continued

 
 

(d)    

take into account any recommendations made under paragraph

 

(c).

 

(2)    

Where a neighbourhood planning body recommended against the

 

application, under subsection (1), and the following conditions are met,

 

the local planning authority may not approve the application without first

 

consulting with the Secretary of State.

 

(3)    

The conditions mentioned in subsection (2) are—

 

(a)    

the development is not classed as a householder development;

 

(b)    

the development is not on a site identified for the proposed

 

development in the relevant neighbourhood development plan.

 

(4)    

Consultations with the Secretary of State under subsection (2) must

 

follow the procedures set out in provisions 10 to 12 of the Town &

 

Country Planning (Consultation) (England) Direction 2009.

 

(5)    

In this section—

 

“emerging Neighbourhood Development Plan” means a

 

Neighbourhood Development Plan that has been examined, is

 

being examined, or is due to be examined, having met the public

 

consultation requirements necessary to proceed to this stage.

 

“householder development” means proposals to alter or enlarge a

 

single house, including works within the curtilage (boundary/

 

garden) of the house.

 

“neighbourhood planning body” means a town or parish council or

 

neighbourhood forum, as defined in section 61F of the 1990 Act

 

(authorisation to act in relation to neighbourhood areas).””

 


 

Nick Herbert

 

Sir Oliver Letwin

 

Mr Andrew Mitchell

 

Sir Nicholas Soames

 

Sir Henry Bellingham

 

Crispin Blunt

Fiona Bruce

Maria Caulfield

Geoffrey Clifton-Brown

Philip Davies

Jason McCartney

Nigel Mills

Antoinette Sandbach

Martin Vickers

William Wragg

 

Not called  NC8

 

To move the following Clause—

 

         

“Delivery of housing development

 

After section 74 of the Town and Country Planning Act 1990 insert—

 

“74A  

  Delivery of housing development

 

(1)    

The Secretary of State may make provision, by a development order, for

 

regulating the manner in which applications for planning permission for

 

housing development are to be determined by local planning authorities

 

with regard to the assessment of a five year supply of housing land.

 

(2)    

A development order issued under subsection (1) may in particular—


 
 

Report Stage Proceedings: 13 December 2016              

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Neighbourhood Planning Bill, continued

 
 

(a)    

define a methodology to be used by local planning authorities to

 

assess a deliverable five-year supply of housing land, including

 

confirmation of types of sites that may be included;

 

(b)    

specify the minimum period of time after which, if a local

 

authority has not demonstrated a five-year supply of housing

 

land, the presumption in favour of sustainable development

 

should be applied in accordance with paragraph 49 of the

 

National Planning Policy Framework;

 

(c)    

set out the desirability of upholding policies and proposals of

 

made or emerging neighbourhood plans, where these are positive

 

towards housing development, notwithstanding any lack of a

 

five-year supply of housing land in the local authority area in

 

which the neighbourhood plan is wholly or partly situated.

 

(3)    

In this section “five year supply of housing land” means specified

 

deliverable sites identified as sufficient to provide five years’ worth of

 

housing against the area’s housing requirements (see paragraph 47 of the

 

National Planning Policy Framework).””

 


 

Greg Mulholland

 

Caroline Lucas

 

Dr Roberta Blackman-Woods

 

Antoinette Sandbach

 

Louise Haigh

 

Negatived on division  NC9

 

To move the following Clause—

 

         

“Permitted development: use clauses and demolition of drinking

 

establishments

 

(1)    

The Town and Country Planning (Use Classes) Order 1987 (SI/1987/764) is

 

amended as follows.

 

(2)    

At the end of section 3(6) insert—

 

“(p)    

drinking establishment.”

 

(3)    

In the Schedule, leave out the paragraph starting “Class A4. Drinking

 

Establishments”

 

(4)    

The Town and Country Planning (General Permitted Development) Order 1995

 

(SI1995/418) is amended as follows.

 

(5)    

In Part 3 of Schedule 2—

 

(a)    

in Class A: Permitted development, leave out “A4 (drinking

 

establishments)”.

 

(b)    

In Class AA: Permitted development, leave out “Class A4 (drinking

 

establishments)”.

 

(c)    

in Class C: Permitted development, leave out “Class A4 (drinking

 

establishments)”.

 

(6)    

In Part 31 of Schedule 2 under A.1 at end insert—

 

“( )    

the building subject to demolition is classed as a drinking

 

establishment”.”

 



 
 

Report Stage Proceedings: 13 December 2016              

7

 

Neighbourhood Planning Bill, continued

 
 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Jim McMahon

 

Not called  NC10

 

To move the following Clause—

 

         

“Funding for local authority planning functions

 

(1)    

The Secretary of State must consult local planning authorities prior to the

 

commencement of any new statutory duties to ensure that they are—

 

(a)    

adequately resourced; and

 

(b)    

adequately funded

 

    

so that they are able to undertake the additional work.

 

(2)    

In any instance where that is not the case, an independent review of additional

 

cost must be conducted to set out the level of resource required to allow planning

 

authorities to fulfil any new statutory duties.”

 


 

Dr Roberta Blackman-Woods

 

Teresa Pearce

 

Jim McMahon

 

Not called  NC11

 

To move the following Clause—

 

         

“Planning obligations

 

(1)    

The Town and Country Planning Act 1990 is amended as follows.

 

(2)    

In subsection (1) of section 106 (planning obligations) after paragraph (d)

 

insert—

 

“(e)    

requiring that information submitted as part of, and in support of,

 

a viability assessment be made available to the public.””

 


 

Robert Neill

 

Geoffrey Clifton-Brown

 

Not called  NC12

 

To move the following Clause—

 

         

“Rates of interest and advance payments

 

Within 14 days of the Neighbourhood Planning Bill receiving Royal Assent the

 

Secretary of State for Communities and Local Government and the Chancellor of

 

the Exchequer must bring forward outstanding regulations relating to Clauses 192

 

to 198 of the Housing and Planning Act 2016 and Clauses 19 to 21 and 33 to 35

 

of the Neighbourhood Planning Bill.”

 

 



 
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Revised 13 December 2016