Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 6 December 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments 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withdrawn amendments at the end.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

 

Parliamentary Star    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star    

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

 

“( )    

A development order—

 

(a)    

may make different provision for different kinds of application or

 

notification;


 
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Revised 06 December 2016