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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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| Amendments tabled since the last publication: 17 to 22 and NC4 to NC6 |
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| Neighbourhood Planning Bill, As Amended
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| | This document includes all amendments tabled to date and includes any |
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| | withdrawn amendments at the end. The amendments have been arranged in the |
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| | order in which they relate to the Bill. |
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| To move the following Clause— |
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| | | “Compensation for temporary severance of land after vesting declaration |
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| | | In Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 |
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| | (counter-notice requiring purchase of land not in general vesting declaration), in |
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| | paragraph 16, after sub-paragraph (3) insert— |
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| | “(4) | If the vesting date for the specified land is after the vesting date for any |
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| | land proposed to be acquired, the Upper Tribunal’s power to award |
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| | compensation under section 7 of the Compulsory Purchase Act 1965 |
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| | includes power to award compensation for any loss suffered by the |
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| | owner by reason of the temporary severance of the land proposed to be |
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| | acquired from the specified land.”” |
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| | Member’s explanatory statement
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| | This amendment ensures that, when an acquiring authority is required to take more land than it |
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| | had planned to take when it executed a general vesting declaration and the additional land vests |
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| | in the authority after the land which it had planned to take, the Upper Tribunal may require it to |
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| | pay compensation for the temporary severance of the land it had planned to take from the |
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| | To move the following Clause— |
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| | | “Guidance on clustering of betting offices and pay day loan shops |
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| | (1) | Before exercising his powers under section 36(1) the Secretary of State must |
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| | issue guidance to local authorities on the granting of planning for permission |
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| | change of use to betting offices and pay day loan shops. |
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| | (2) | This guidance must set out the manner in which policies in neighbourhood plans |
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| | and local plans about the number, density and impact of betting offices and pay |
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| | day loan shops shall be taken into account when determining applications for |
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| | change of use, to prevent a deleterious effect of the neighbourhood or local area.” |
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| | To move the following Clause— |
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| | | “Planning Applications: award of costs |
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| | (1) | Where a planning application for development meets the terms of subsection (2), |
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| | (a) | refused by a local authority, or |
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| | (b) | an appeal under section 78 of the TCPA 1990 which is dismissed, |
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| | | the planning authority may apply to the Secretary of State for an award of costs |
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| | to reimburse the expenses incurred by individuals who submitted objections to |
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| | the unsuccessful application or appeal. |
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| | (2) | A planning authority may only use this power if the following conditions are |
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| | (a) | the unsuccessful application or appeal concerned a new commercial or |
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| | residential development; and |
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| | (b) | the application or appeal was unsuccessful, at least in part, due to its |
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| | incompatibility with the relevant approved neighbourhood development |
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| Dr Roberta Blackman-Woods |
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| To move the following Clause— |
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| | | “Review of compulsory purchase |
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| | Before exercising his powers under section 35(1) the Secretary of State must |
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| | carry out a review of the entire compulsory purchase order process.” |
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| | Member’s explanatory statement
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| | This amendment ensures that there is clarity on appeal routes, pre-completion and pre-occupation |
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| Dr Roberta Blackman-Woods |
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| To move the following Clause— |
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| | | “Sustainable development and placemaking |
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| | (1) | The Secretary of State must issue guidance setting out how the principles of |
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| | sustainable development and placemaking can be— |
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| | (a) | reflected in neighbourhood development plans; |
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| | (b) | used by local authorities to support neighbourhood planning. |
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| | (2) | “Sustainable development and placemaking” means managing the use, |
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| | development and protection of land and natural resources in a way which enables |
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| | people and communities to provide for their legitimate social, economic and |
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| | cultural wellbeing while sustaining the potential of future generations to meet |
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| | (3) | To support this aim the local planning authority should— |
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| | (a) | identify suitable land for development in line with the economic, social |
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| | and environmental objectives so as to improve the quality of life, |
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| | wellbeing and health of people and the community; |
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| | (b) | contribute to the sustainable economic development of the community; |
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| | (c) | contribute to the vibrant cultural and artistic development of the |
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| | (d) | protect and enhance the natural and historic environment; |
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| | (e) | contribute to mitigation and adaptation to climate change in line with the |
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| | objectives of the Climate Change Act 2008; |
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| | (f) | promote high quality and inclusive design; |
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| | (g) | ensure that decision-making is open, transparent, participative and |
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| | (h) | ensure that assets are managed for long-term interest of the community.” |
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| | Member’s explanatory statement
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| | This new clause would clarify in statute that neighbourhood planning should be focused on the |
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| | public interest and in achieving quality outcomes including placemaking. |
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| To move the following Clause— |
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| | | “Neighbourhood Planning: Payments to support production of plans |
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| | (1) | Where a parish is designated as a neighbourhood area under the Neighbourhood |
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| | Planning (General) Regulations 2012, and where the parish council agrees to |
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| | forego some or all of the relevant Community Infrastructure Ley Monies, the |
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| | Local Planning Authority may make available the amounts foregone to support |
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| | the parish council in the production of a Neighbourhood Plan or a Neighbourhood |
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| | (2) | For the purposes of subsection (1) the relevant Community Infrastructure Levy |
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| | Monies are those that will be payable to the Local Planning Authority under |
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| | Regulation 8 of the CIL (Amendment) Regulations 2013 if the Neighbourhood |
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| | Plan or Neighbourhood Development Order, when made— |
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| | (a) | provides for the number of houses specified for development in that |
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| | neighbourhood area under the relevant Local Plan, and |
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| | (b) | those houses are built.” |
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| | Member’s explanatory statement
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| | This amendment would require Local Planning Authorities to make advances available to parish |
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| | councils to support the production of Neighbourhood Plan or a Neighbourhood Development |
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| | Order. The advances will equal the amount of income that the parish council agrees to forego out |
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| | of the CIL revenues that would otherwise be paid to them by the Local Planning Authority once the |
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| | housing specified in the Plan or Order is built. |
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| Dr Roberta Blackman-Woods |
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| Clause 1, page 2, line 3, at end insert— |
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| | “(c) | it has been examined by an independent examiner who is registered with |
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| | the Royal Town Planning Institute.” |
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| | Member’s explanatory statement
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| | This amendment ensures that the examination of a neighbourhood plan is conducted by an RTPI |
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| Dr Roberta Blackman-Woods |
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| Clause 2, page 2, line 19, at end insert— |
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| | “(3C) | To support Neighbourhood Plans, the Secretary of State should set out the weight |
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| | that should be given to approved neighbourhood development plans at key stages |
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| | in the planning process.” |
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| | Member’s explanatory statement
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| | This amendment gives weight to the Neighbourhood Plans at key stages along the process and not |
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| | just at the post- referendum stage. |
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| Dr Roberta Blackman-Woods |
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| Clause 3, page 2, line 28, at end insert “after consultation with the local area |
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| | Member’s explanatory statement
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| | This amendment ensure that any changes to a neighbourhood development order or plan are first |
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| | subject to consultation with the local area involved. |
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| Dr Roberta Blackman-Woods |
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| Clause 4, page 4, line 7, at end insert “providing that the subsequent area is not |
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| smaller than a parish or town council area or local authority ward.” |
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| | Member’s explanatory statement
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| | This amendment ensures that the size of a neighbourhood area is not smaller than a parish or town |
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| | council area or local authority ward. |
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| Dr Roberta Blackman-Woods |
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| Clause 5, page 5, line 10, at end insert— |
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| | “(c) | reasonable payments made by local authorities for the purpose set out in |
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| | paragraph (a) and (b) shall be recovered from the Secretary of State’s |
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| | Member’s explanatory statement
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| | This amendment allows for the full recovery of costs of assisting with the development of a |
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| | neighbourhood plan to be recovered to the local authority. |
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| Dr Roberta Blackman-Woods |
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| Clause 5, page 5, line 11, at end insert— |
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| | “(2BA) | Such statements of community involvement must include a right for members of |
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| | the community to make representations.” |
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| | Member’s explanatory statement
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| | This amendment would give local people and communities a statutory “right to be heard”. |
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| Dr Roberta Blackman-Woods |
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| Clause 5, page 5, line 11, at end insert— |
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| | “(2BA) | Such statements of community involvement shall include measures to enable |
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| | local parish councils to be set up in a streamlined and speedy manner.” |
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| | Member’s explanatory statement
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| | This amendment would make it easier for new parish and town councils to be formed. |
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| Dr Roberta Blackman-Woods |
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| Clause 5, page 5, line 21, after subsection (3) insert— |
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| | “(4) | Section 120 of the Localism Act 2011 (Financial assistance in relation to |
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| | neighbourhood planning) is amended as follows— |
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| | (a) | at the end of subsection (2)(a) leave out “, and” and insert “subject to the |
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| | condition that such assistance is prioritised for bodies or persons in |
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| | deprived communities, and”, |
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| | (b) | after subsection (3)(b), insert— |
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| | “(ba) | a deprived community is defined as being any area |
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| | which is among the 20 per cent most deprived Lower |
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| | Layer Super Output Areas according to the most |
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| | recently published English Indices of Deprivation, |
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| | (bb) | prioritised financial assistance is defined to mean that no |
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| | less than 50 per cent of the total value of the financial |
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| | assistance provided under this section is provided to |
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| | Member’s explanatory statement
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| | This amendment would require the Secretary of State to prioritise deprived communities when |
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| | making available financial assistance to support the development of neighbourhood plans. |
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| Dr Roberta Blackman-Woods |
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| Clause 10, page 10, line 19, at end insert— |
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| | “(c) | they must set out a timetable to review the need for technical documents.” |
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| Clause 11, page 10, line 23, leave out “Section 18” and insert “In section 18(2)” |
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| | Member’s explanatory statement
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| | This amendment and amendments 18, 19 and 22 provide for the removal of the power conferred |
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| | by clause 11(3) for regulations to require a local planning authority to review its statement of |
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| | community involvement at prescribed times. The power in clause 10 now covers this in more |
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| Clause 11, page 10, line 24, leave out from “involvement)” to “after” in line 25 |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 17. |
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| Clause 11, page 10, line 26, leave out subsection (3) |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 17. |
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| Dr Roberta Blackman-Woods |
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| Page 11, line 1, leave out Clause 12 |
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| | Member’s explanatory statement
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| | This amendment would remove from the Bill completely the changes to planning conditions. |
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| Dr Roberta Blackman-Woods |
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| Clause 12, page 11, line 18, leave out subsection (2)(a) |
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| | Member’s explanatory statement
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| | This amendment would ensure that “acceptable in planning terms” does not mean that conditions |
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| | can be overlooked because they are unacceptable for other reasons. |
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| Dr Roberta Blackman-Woods |
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| Clause 12, page 11, line 27, leave out subsections (4) to (7) |
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| | Member’s explanatory statement
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| | This amendment would ensure that local authorities are still able to make necessary pre- |
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| | commencement conditions on developers. |
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| Dr Roberta Blackman-Woods |
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| Clause 12, page 11, line 34, at end insert— |
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| | “(6A) | The Secretary of State should provide guidance for appeal routes where an |
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| | agreement cannot be reached on pre-commencement conditions, along guidance |
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| | on pre-completion and pre-occupation conditions.” |
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| | Member’s explanatory statement
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| | This amendment ensures that there is clarity on appeal routes, pre-completion and pre-occupation |
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| Dr Roberta Blackman-Woods |
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| Clause 13, page 12, line 32, at end insert— |
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| | “(e) | information on the number of permitted demolition of offices for |
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| | residential use to a similar scale including— |
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| | (i) | the impact on a local plan; |
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| | (ii) | an estimate as to how many homes the development will deliver; |
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| | (iii) | a consultation with the local authority regarding the effect of the |
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| | change of use on any urban regeneration plans.” |
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| | Member’s explanatory statement
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| | This amendment would ensure monitoring of the impact of permitted right of demolition on offices |
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| | on urban regeneration that requires office space and on the provision of housing. |
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| Clause 13, page 13, line 21, at end insert— |
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| | “( ) | A development order— |
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| | (a) | may make different provision for different kinds of application or |
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