1

House of Commons

Notices of Amendments

given up to and including

Thursday 8 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: 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withdrawn amendments at the end.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                  

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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                  

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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

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                  

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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

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                  

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Neighbourhood Planning Bill, continued

Greg Mulholland

Caroline Lucas

NC9

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

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.