1

House of Commons

Notices of Amendments

given up to and including

Monday 5 December 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: 1 to 16 and NC3

Consideration of Bill (Report Stage)

Neighbourhood Planning Bill, As Amended

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in the

order in which they relate to the Bill.

New ClauseS

Graham Jones

Mr Charles Walker

Mr David Burrowes

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

Notices of Amendments: 5 December 2016                  

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Neighbourhood Planning Bill, continued

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

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

Antoinette Sandbach

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.”

Dr Roberta Blackman-Woods

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.”

Member’s explanatory statement

This amendment ensures that there is clarity on appeal routes, pre-completion and pre-occupation

conditions.

Notices of Amendments: 5 December 2016                  

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Neighbourhood Planning Bill, continued

Dr Roberta Blackman-Woods

1

Clause  1,  page  2,  line  3,  at end insert—

“(c)    

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

2

Clause  2,  page  2,  line  19,  at end insert—

“(3C)    

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

that should be given to approved neighbourhood development plans at key stages

in the planning process.”

Member’s explanatory statement

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

just at the post- referendum stage.

Dr Roberta Blackman-Woods

3

Clause  3,  page  2,  line  28,  at end insert “after consultation with the local area

involved.”

Member’s explanatory statement

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

subject to consultation with the local area involved.

Dr Roberta Blackman-Woods

4

Clause  4,  page  4,  line  7,  at end insert “providing that 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.

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Neighbourhood Planning Bill, continued

Dr Roberta Blackman-Woods

7

Clause  5,  page  5,  line  10,  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.

Dr Roberta Blackman-Woods

5

Clause  5,  page  5,  line  11,  at end insert—

“(2BA)    

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

the community to make representations.”

Member’s explanatory statement

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

Dr Roberta Blackman-Woods

6

Clause  5,  page  5,  line  11,  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.

Dr Roberta Blackman-Woods

8

Clause  5,  page  5,  line  21,  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.”

Member’s explanatory statement

This amendment would require the Secretary of State to prioritise deprived communities when

making available financial assistance to support the development of neighbourhood plans.

Notices of Amendments: 5 December 2016                  

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Neighbourhood Planning Bill, continued

Dr Roberta Blackman-Woods

10

Clause  10,  page  10,  line  19,  at end insert—

“(c)    

they must set out a timetable to review the need for technical documents.”

Dr Roberta Blackman-Woods

14

Page  11,  line  1,  leave out Clause 12

Member’s explanatory statement

This amendment would remove from the Bill completely the changes to planning conditions.

Dr Roberta Blackman-Woods

11

Clause  12,  page  11,  line  18,  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

12

Clause  12,  page  11,  line  27,  leave out subsections (4) to (7)

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

13

Clause  12,  page  11,  line  34,  at end insert—

“(6A)    

The Secretary of State should provide guidance for appeal routes where an

agreement cannot be reached on pre-commencement conditions, along guidance

on pre-completion and pre-occupation conditions.”

Member’s explanatory statement

This amendment ensures that there is clarity on appeal routes, pre-completion and pre-occupation

conditions.

Notices of Amendments: 5 December 2016                  

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Neighbourhood Planning Bill, continued

Dr Roberta Blackman-Woods

15

Clause  13,  page  12,  line  32,  at end insert—

“(e)    

information on the number of permitted demolition of offices for

residential use to a similar scale including—

(i)    

the impact on a local plan;

(ii)    

an estimate as to how many homes the development will deliver;

and

(iii)    

a consultation with the local authority regarding the effect of the

change of use on any urban regeneration plans.”

Member’s explanatory statement

This amendment would ensure monitoring of the impact of permitted right of demolition on offices

on urban regeneration that requires office space and on the provision of housing.

Dr Roberta Blackman-Woods

16

Clause  13,  page  13,  line  21,  at end insert—

“(9)    

The cost of compiling a register and gathering the information to underpin it

should be met by the Secretary of State.”

Dr Roberta Blackman-Woods

9

Schedule  2,  page  42,  line  15,  at end insert “must consult the relevant lower-tier

planning authority.”

Member’s explanatory statement

This amendment ensures that district councils are consulted before a county council writes a local

plan for their area.

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.

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Neighbourhood Planning Bill, continued

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.