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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: 23 to 29 and NC10 to NC12 |
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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| | withdrawn amendments at the end.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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| Crispin Blunt | Fiona Bruce | Maria Caulfield | Geoffrey Clifton-Brown | Philip Davies | Jason McCartney | Nigel Mills | Antoinette Sandbach | Martin Vickers | William Wragg |
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| To move the following Clause— |
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| | | “Planning decisions: involvement of neighbourhood planning bodies |
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| | In place of section 75ZB of the Town and Country Planning Act 1990 (as inserted |
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| | by section 156 of the Housing and Planning Act 2016) insert— |
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| | “75ZB | Responsibilities of decision-makers in respect of Neighbourhood |
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| | Development Plans in the exercise of planning functions |
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| | (1) | In considering whether to grant planning permission or permission in |
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| | principle for development which affects land all or part of which is |
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| | included within the area covered by a made or emerging Neighbourhood |
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| | Development Plan, the local planning authority must— |
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| | (a) | have regard to the desirability of upholding the policies and |
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| | proposals contained in the Neighbourhood Development Plan; |
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| | (b) | send a copy of the application to the relevant neighbourhood |
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| | (c) | allow the relevant neighbourhood planning body a period of 21 |
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| | days from receipt of the application to make recommendations |
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| | about how the application should be determined; and |
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| | (d) | take into account any recommendations made under paragraph |
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| | (2) | Where a neighbourhood planning body recommended against the |
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| | application, under subsection (1), and the following conditions are met, |
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| | the local planning authority may not approve the application without first |
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| | consulting with the Secretary of State. |
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| | (3) | The conditions mentioned in subsection (2) are— |
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| | (a) | the development is not classed as a householder development; |
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| | (b) | the development is not on a site identified for the proposed |
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| | development in the relevant neighbourhood development plan. |
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| | (4) | Consultations with the Secretary of State under subsection (2) must |
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| | follow the procedures set out in provisions 10 to 12 of the Town & |
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| | Country Planning (Consultation) (England) Direction 2009. |
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| | “emerging Neighbourhood Development Plan” means a |
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| | Neighbourhood Development Plan that has been examined, is |
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| | being examined, or is due to be examined, having met the public |
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| | consultation requirements necessary to proceed to this stage. |
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| | “householder development” means proposals to alter or enlarge a |
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| | single house, including works within the curtilage (boundary/ |
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| | “neighbourhood planning body” means a town or parish council or |
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| | neighbourhood forum, as defined in section 61F of the 1990 Act |
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| | (authorisation to act in relation to neighbourhood areas).”” |
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| | Member’s explanatory statement
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| | This new clause would require planning authorities to consult neighbourhood planning bodies on |
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| | decisions to grant planning permission. Where a planning authority wants to approve a major |
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| | development against the wishes of a neighbourhood planning body, the planning authority will be |
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| | required to consult the Secretary of State before granting permission. |
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| Crispin Blunt | Fiona Bruce | Maria Caulfield | Geoffrey Clifton-Brown | Philip Davies | Jason McCartney | Nigel Mills | Antoinette Sandbach | Martin Vickers | William Wragg |
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| To move the following Clause— |
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| | | “Delivery of housing development |
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| | After section 74 of the Town and Country Planning Act 1990 insert— |
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| | “74A | Delivery of housing development |
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| | (1) | The Secretary of State may make provision, by a development order, for |
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| | regulating the manner in which applications for planning permission for |
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| | housing development are to be determined by local planning authorities |
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| | with regard to the assessment of a five year supply of housing land. |
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| | (2) | A development order issued under subsection (1) may in particular— |
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| | (a) | define a methodology to be used by local planning authorities to |
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| | assess a deliverable five-year supply of housing land, including |
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| | confirmation of types of sites that may be included; |
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| | (b) | specify the minimum period of time after which, if a local |
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| | authority has not demonstrated a five-year supply of housing |
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| | land, the presumption in favour of sustainable development |
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| | should be applied in accordance with paragraph 49 of the |
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| | National Planning Policy Framework; |
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| | (c) | set out the desirability of upholding policies and proposals of |
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| | made or emerging neighbourhood plans, where these are positive |
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| | towards housing development, notwithstanding any lack of a |
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| | five-year supply of housing land in the local authority area in |
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| | which the neighbourhood plan is wholly or partly situated. |
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| | (3) | In this section “five year supply of housing land” means specified |
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| | deliverable sites identified as sufficient to provide five years’ worth of |
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| | housing against the area’s housing requirements (see paragraph 47 of the |
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| | National Planning Policy Framework).”” |
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| | Member’s explanatory statement
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| | The proposal would empower the Secretary of State to issue a development order to: clarify the |
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| | means by which housing land supply is assessed; define the minimum amount of time before a local |
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| | planning authority’s failure to meet its housing targets results in its local plan being “out of date”; |
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| | and specify that neighbourhood plans should be taken into account notwithstanding the lack of a |
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| | five-year supply of housing land. |
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| To move the following Clause— |
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| | | “Permitted development: use clauses and demolition of drinking |
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| | (1) | The Town and Country Planning (Use Classes) Order 1987 (SI/1987/764) is |
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| | (2) | At the end of section 3(6) insert— |
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| | “(p) | drinking establishment.” |
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| | (3) | In the Schedule, leave out the paragraph starting “Class A4. Drinking |
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| | (4) | The Town and Country Planning (General Permitted Development) Order 1995 |
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| | (SI1995/418) is amended as follows. |
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| | (5) | In Part 3 of Schedule 2— |
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| | (a) | in Class A: Permitted development, leave out “A4 (drinking |
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| | (b) | In Class AA: Permitted development, leave out “Class A4 (drinking |
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| | (c) | in Class C: Permitted development, leave out “Class A4 (drinking |
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| | (6) | In Part 31 of Schedule 2 under A.1 at end insert— |
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| | “( ) | the building subject to demolition is classed as a drinking |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that any proposed demolition of or change of use to |
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| | public houses and other drinking establishments would be subject to planning permission. |
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| | Currently such buildings, unless they have been listed as Assets of Community Value with the local |
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| | authority, can be demolished or have their use changed without such permission being granted. |
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| Dr Roberta Blackman-Woods |
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| To move the following Clause— |
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| | | “Funding for local authority planning functions |
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| | (1) | The Secretary of State must consult local planning authorities prior to the |
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| | commencement of any new statutory duties to ensure that they are— |
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| | (a) | adequately resourced; and |
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| | | so that they are able to undertake the additional work. |
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