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House of Commons

Tuesday 28 March 2017

Consideration of Lords Amendments

Neighbourhood Planning Bill

On Consideration of Lords Amendments to the Neighbourhood Planning Bill

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The Lords amendments have been arranged in

accordance with the Neighbourhood Planning Bill (Programme) (No. 3) Motion to

be proposed by Secretary Sajid Javid.

Lords Amendment No. 22

Secretary Sajid Javid

To move, That this House disagrees with the Lords in their Amendment.

Secretary Sajid Javid

To move the following Amendments to the Bill in lieu of the Lords Amendment No. 22:—

(a)

Page  11,  line  40,  at end insert the following new Clause—

“Permitted development rights relating to drinking establishments

(1)    

As soon as reasonably practicable after the coming into force of this section, the

Secretary of State must make a development order under the Town and Country

Planning Act 1990 which—

(a)    

removes any planning permission which is granted by a development

order for development consisting of a change in the use of any building

or land in England from a use within Class A4 to a use of a kind specified

in the order (subject to paragraph (c)),

Consideration of Lords Amendments: 28 March 2017          

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Neighbourhood Planning Bill, continued

(b)    

removes any planning permission which is granted by a development

order for a building operation consisting of the demolition of a building

in England which is used, or was last used, for a purpose within Class A4

or for a purpose including use within that class, and

(c)    

grants planning permission for development consisting of a change in the

use of a building in England and any land within its curtilage from a use

within Class A4 to a mixed use consisting of a use within that Class and

a use within Class A3.

(2)    

Subsection (1) does not require the development order to remove planning

permission for development which has been carried out before the coming into

force of the order.

(3)    

Subsection (1) does not prevent—

(a)    

the inclusion of transitional, transitory or saving provision in the

development order, or

(b)    

the subsequent exercise of the Secretary of State’s powers by

development order to grant, remove or otherwise make provision about

planning permission for the development of buildings or land used, or

last used, for a purpose within Class A4 or for a purpose including use

within that class.

(4)    

A reference in this section to Class A3 or Class A4 is to the class of use of that

name listed in the Schedule to the Town and Country Planning (Use Classes)

Order 1987 (SI 1987/764).

(5)    

Expressions used in this section that are defined in the Town and Country

Planning Act 1990 have the same meaning as in that Act.”

Secretary Sajid Javid

(b)

Page  32,  line  20,  at end insert—

“( )    

section (Permitted development rights relating to drinking

establishments);”

Lords Amendment No. 12

Secretary Sajid Javid

To move, That this House disagrees with the Lords in their Amendment.

Consideration of Lords Amendments: 28 March 2017          

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Neighbourhood Planning Bill, continued

Lords Amendment No. 4

As an Amendment to the Lords Amendment:—

Nick Herbert

Sir Nicholas Soames

Nicky Morgan

Mr Andrew Mitchell

Sir Henry Bellingham

Maria Caulfield

Philip Davies

Gordon Henderson

Mr Philip Hollobone

Mr Bernard Jenkin

Nigel Mills

Jason McCartney

Antoinette Sandbach

(a)

Line  75,  at end insert—

“(1E)    

Within 28 days of receipt of notification under this section by the local planning

authority the neighbourhood forum may notify the local planning authority of its

views on the proposed development application.

(1F)    

A local planning authority shall, in determining the development application, take

into account the views expressed in a notification by the neighbourhood forum

under sub-paragraph (1E).”

Member’s explanatory statement

The purpose of this amendment is to ensure that the neighbourhood forum’s views on the

development application are notified to the planning authority and are taken into account by the

authority.

Lords Amendment No. 23

As an Amendment to the Lords Amendment:—

Nick Herbert

Sir Nicholas Soames

Sir Henry Bellingham

Maria Caulfield

Philip Davies

Gordon Henderson

Mr Philip Hollobone

Mr Bernard Jenkin

Nigel Mills

Jason McCartney

Antoinette Sandbach

(a)

Line  37,  at end insert—

“(6A)    

In subsection (5)(a) the reference to “functions” does not include powers to

acquire compulsorily any land.”

Member’s explanatory statement

The purpose of this amendment is to ensure that powers of compulsory acquisition which are

currently only exercisable by Ministers, or which require the consent of Ministers, cannot be

delegated to local authorities.

Consideration of Lords Amendments: 28 March 2017          

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Neighbourhood Planning Bill, continued

Neighbourhood Planning BILL (PROGRAMME) (No. 3)

Secretary Sajid Javid

That the following provisions shall apply to the Neighbourhood Planning Bill for the

purpose of supplementing the Orders of 10 October 2016 (Neighbourhood Planning Bill

(Programme)) and 13 December 2016 (Neighbourhood Planning Bill (Programme) (No.

2)):

Consideration of Lords Amendments

1.    

Proceedings on consideration of Lords Amendments shall (so far as not

previously concluded) be brought to a conclusion four hours after their

commencement at today’s sitting.

2.    

The Lords Amendments shall be considered in the following order: Nos. 22,

12, 10, 11, 13 to 21, 85 to 90, 1 to 9 and 23 to 84.

Subsequent stages

3.    

Any further Message from the Lords may be considered forthwith without

any Question being put.

4.    

The proceedings on any further Message from the Lords shall (so far as not

previously concluded) be brought to a conclusion one hour after their

commencement.