1

House of Commons

Notices of Amendments

given up to and including

Tuesday 6 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: 17 to 22 and NC4 to NC6

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withdrawn amendments at the end.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

Secretary Sajid Javid

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

Notices of Amendments: 6 December 2016                  

2

Neighbourhood Planning Bill, continued

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

acquired from the specified land.””

Member’s explanatory statement

This amendment ensures that, when an acquiring authority is required to take more land than it

had planned to take when it executed a general vesting declaration and the additional land vests

in the authority after the land which it had planned to take, the Upper Tribunal may require it to

pay compensation for the temporary severance of the land it had planned to take from the

additional land.

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

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.”

Notices of Amendments: 6 December 2016                  

3

Neighbourhood Planning Bill, continued

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.

Dr Roberta Blackman-Woods

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 the local planning authority 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.”

Member’s explanatory statement

This new clause would clarify in statute that neighbourhood planning should be focused on the

public interest and in achieving quality outcomes including placemaking.

Notices of Amendments: 6 December 2016                  

4

Neighbourhood Planning Bill, continued

Sir Oliver Letwin

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.”

Member’s explanatory statement

This amendment would require Local Planning Authorities to make advances available to parish

councils to support the production of Neighbourhood Plan or a Neighbourhood Development

Order. The advances will equal the amount of income that the parish council agrees to forego out

of the CIL revenues that would otherwise be paid to them by the Local Planning Authority once the

housing specified in the Plan or Order is built.

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.

Notices of Amendments: 6 December 2016                  

5

Neighbourhood Planning Bill, continued

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.

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—

Notices of Amendments: 6 December 2016                  

6

Neighbourhood Planning Bill, continued

(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.

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.”

Secretary Sajid Javid

17

Clause  11,  page  10,  line  23,  leave out “Section 18” and insert “In section 18(2)”

Member’s explanatory statement

This amendment and amendments 18, 19 and 22 provide for the removal of the power conferred

by clause 11(3) for regulations to require a local planning authority to review its statement of

community involvement at prescribed times. The power in clause 10 now covers this in more

general terms.

Secretary Sajid Javid

18

Clause  11,  page  10,  line  24,  leave out from “involvement)” to “after” in line 25

Member’s explanatory statement

See the explanatory statement for amendment 17.

Secretary Sajid Javid

19

Clause  11,  page  10,  line  26,  leave out subsection (3)

Member’s explanatory statement

See the explanatory statement for amendment 17.

Notices of Amendments: 6 December 2016                  

7

Neighbourhood Planning Bill, continued

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.

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.

Secretary Sajid Javid

20

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

“( )    

A development order—

(a)    

may make different provision for different kinds of application or

notification;