Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 8 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: 23 to 29 and NC10 to NC12

 

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withdrawn amendments at the end.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: 8 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: 8 December 2016                  

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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: 8 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.

 


 

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

 

NC7

 

Parliamentary Star - white    

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;


 
 

Notices of Amendments: 8 December 2016                  

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Neighbourhood Planning Bill, continued

 
 

(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

 

(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).””

 

Member’s explanatory statement

 

This new clause would require planning authorities to consult neighbourhood planning bodies on

 

decisions to grant planning permission. Where a planning authority wants to approve a major

 

development against the wishes of a neighbourhood planning body, the planning authority will be

 

required to consult the Secretary of State before granting permission.

 



 
 

Notices of Amendments: 8 December 2016                  

6

 

Neighbourhood Planning Bill, continued

 
 

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

 

NC8

 

Parliamentary Star - white    

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—

 

(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).””

 

Member’s explanatory statement

 

The proposal would empower the Secretary of State to issue a development order to: clarify the

 

means by which housing land supply is assessed; define the minimum amount of time before a local

 

planning authority’s failure to meet its housing targets results in its local plan being “out of date”;

 

and specify that neighbourhood plans should be taken into account notwithstanding the lack of a

 

five-year supply of housing land.

 



 
 

Notices of Amendments: 8 December 2016                  

7

 

Neighbourhood Planning Bill, continued

 
 

Greg Mulholland

 

Caroline Lucas

 

NC9

 

Parliamentary Star - white    

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”.”

 

Member’s explanatory statement

 

The purpose of this amendment is to ensure that any proposed demolition of or change of use to

 

public houses and other drinking establishments would be subject to planning permission.

 

Currently such buildings, unless they have been listed as Assets of Community Value with the local

 

authority, can be demolished or have their use changed without such permission being granted.

 


 

Dr Roberta Blackman-Woods

 

NC10

 

Parliamentary Star    

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.


 
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Revised 08 December 2016