Session 2016-17
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LORDS AMENDMENTS TO THE

NEIGHBOURHOOD PLANNING BILL

[The page and line references are to HL Bill 86, the bill as first printed for the Lords]

Clause 1

1

Page 1, line 13, after “(2)(aza)” insert “(but subject to subsections (3BB) and (3BC))”

 

2

Page 1, line 22, at end insert —

 

“(c)    

an examiner has recommended under paragraph 13(2)(a) of

 

Schedule A2 to the Planning and Compulsory Purchase Act

 

2004 (examination of modified plan) that a local planning

 

authority should make the draft plan, or

 

(d)    

an examiner has recommended under paragraph 13(2)(b) of

 

that Schedule that a local planning authority should make

 

the draft plan with modifications.

 

(3BA)    

In the application of subsection (2)(aza) in relation to a post-

 

examination draft neighbourhood development plan within

 

subsection (3B)(d), the local planning authority must take the plan

 

into account as it would be if modified in accordance with the

 

recommendations.”

 

3

Page 1, line 22, at end insert—

 

“(3BB)    

A draft neighbourhood development plan within subsection (3B)(a)

 

or (b) ceases to be a post-examination draft neighbourhood

 

development plan for the purposes of subsection (2)(aza) if—

 

(a)    

section 38A(4)(a) (duty to make plan) or (6) (cases in which

 

duty does not apply) of the Planning and Compulsory

 

Purchase Act 2004 applies in relation to the plan,

 

(b)    

section 38A(5) (power to make plan) of that Act applies in

 

relation to the plan and the plan is made by the local

 

planning authority,

 
 
 

 
 

2

 
 

(c)    

section 38A(5) of that Act applies in relation to the plan and

 

the local planning authority decide not to make the plan,

 

(d)    

a single referendum is held on the plan and half or fewer of

 

those voting in the referendum vote in favour of the plan, or

 

(e)    

two referendums are held on the plan and half or fewer of

 

those voting in each of the referendums vote in favour of the

 

plan.

 

(3BC)    

A draft neighbourhood development plan within subsection (3B)(c)

 

or (d) ceases to be a post-examination draft neighbourhood

 

development plan for the purposes of subsection (2)(aza) if—

 

(a)    

the local planning authority make the draft plan (with or

 

without modifications), or

 

(b)    

the local planning authority decide not to make the draft

 

plan.”

After Clause 1

4

Insert the following new Clause—

 

“Notification of applications to neighbourhood planning bodies

 

(1)    

Schedule 1 to the Town and Country Planning Act 1990 (local planning

 

authorities: distribution of functions) is amended as follows.

 

(2)    

Paragraph 8 (duty to notify parish council of planning application etc) is

 

amended in accordance with subsections (3) to (5).

 

(3)    

After sub-paragraph (3) insert—

 

  “(3A)  

Sub-paragraph (3B) applies to a local planning authority who

 

have the function of determining applications for planning

 

permission or permission in principle if—

 

(a)    

there is a relevant neighbourhood development plan for

 

a neighbourhood area all or part of which falls within the

 

authority’s area, and

 

(b)    

a parish council are authorised to act in relation to the

 

neighbourhood area as a result of section 61F.

 

    (3B)  

The local planning authority must notify the parish council of—

 

(a)    

any relevant planning application, and

 

(b)    

any alteration to that application accepted by the

 

authority.

 

    (3C)  

Sub-paragraph (3B) does not apply if the parish council have

 

notified the local planning authority in writing that they do not

 

wish to be notified of any such application.

 

    (3D)  

If the parish council have notified the local planning authority in

 

writing that they only wish to be notified under sub-paragraph

 

(3B) of applications of a particular description, that sub-

 

paragraph only requires the authority to notify the council of

 

applications of that description.

 
 

 


 
 

3

 
 

    (3E)  

For the purposes of sub-paragraphs (3A) to (3D)—

 

“neighbourhood area” means an area designated as such

 

under section 61G;

 

“relevant neighbourhood development plan” means—

 

(a)    

a post-examination draft neighbourhood

 

development plan as defined by section 70(3B) to

 

(3C), or

 

(b)    

a neighbourhood development plan which forms

 

part of a development plan by virtue of section

 

38(3) or (3A) of the Planning and Compulsory

 

Purchase Act 2004 (plans which have been made

 

or approved in a referendum);

 

“relevant planning application” means an application

 

which relates to land in the neighbourhood area and is an

 

application for—

 

(a)    

planning permission or permission in principle,

 

or

 

(b)    

approval of a matter reserved under an outline

 

planning permission within the meaning of

 

section 92.”

 

(4)    

In the opening words of sub-paragraph (4) for “the duty” substitute “a duty

 

under this paragraph”.

 

(5)    

In the opening words of sub-paragraph (5) for “their duty” substitute “a

 

duty under this paragraph”.

 

(6)    

Paragraph 8A (duty to notify neighbourhood forums) is amended in

 

accordance with subsections (7) to (9).

 

(7)    

After sub-paragraph (1) insert—

 

  “(1A)  

Sub-paragraph (1B) applies to a local planning authority who

 

have the function of determining applications for planning

 

permission or permission in principle if—

 

(a)    

there is a relevant neighbourhood development plan for

 

a neighbourhood area all or part of which falls within the

 

authority’s area, and

 

(b)    

a neighbourhood forum are authorised to act in relation

 

to the neighbourhood area as a result of section 61F.

 

    (1B)  

The local planning authority must notify the neighbourhood

 

forum of—

 

(a)    

any relevant planning application, and

 

(b)    

any alteration to that application accepted by the

 

authority.

 

    (1C)  

Sub-paragraph (1B) does not apply if the neighbourhood forum

 

has notified the local planning authority in writing that it does

 

not wish to be notified of any such application.

 

    (1D)  

If the neighbourhood forum has notified the local planning

 

authority in writing that it only wishes to be notified under sub-

 

paragraph (1B) of applications of a particular description, that

 

sub-paragraph only requires the authority to notify the forum of

 

applications of that description.”

 
 

 


 
 

4

 
 

(8)    

In sub-paragraph (2)—

 

(a)    

before the definition of “neighbourhood forum” insert—

 

““neighbourhood area” means an area designated as

 

such under section 61G;”, and

 

(b)    

after the definition of “neighbourhood forum” insert—

 

““relevant neighbourhood development plan” means—

 

(a)    

a post-examination draft neighbourhood

 

development plan as defined by section 70(3B) to

 

(3C), or

 

(b)    

a neighbourhood development plan which forms

 

part of a development plan by virtue of section 38(3)

 

or (3A) of the Planning and Compulsory Purchase

 

Act 2004 (development plans which have been

 

approved in a referendum or made).”

 

(9)    

In sub-paragraph (3) for “(3) to (6)” substitute “(3) and (4) to (6)”.

 

(10)    

Section 62C of the Town and Country Planning Act 1990 (notification of

 

parish councils of applications made to Secretary of State) is amended in

 

accordance with subsections (11) and (12).

 

(11)    

In subsection (2) after “paragraph 8(1)” insert “or (3B)”.

 

(12)    

In subsection (3) after “Schedule 1” insert “or notifications received by the

 

authority under paragraph 8(3C) or (3D) of that Schedule.”

After Clause 5

5

Insert the following new Clause—

 

“Engagement by examiners with qualifying bodies etc

 

In Schedule 4B to the Town and Country Planning Act 1990 (process for

 

making neighbourhood development orders), in paragraph 11 (regulations

 

about independent examinations) after sub-paragraph (2) insert—

 

    “(3)  

The regulations may in particular impose duties on an examiner

 

which are to be complied with by the examiner in considering the

 

draft order under paragraph 8 and which require the examiner—

 

(a)    

to provide prescribed information to each person within

 

sub-paragraph (4);

 

(b)    

to publish a draft report containing the recommendations

 

which the examiner is minded to make in the examiner’s

 

report under paragraph 10;

 

(c)    

to invite each person within sub-paragraph (4) or

 

representatives of such a person to one or more meetings

 

at a prescribed stage or prescribed stages of the

 

examination process;

 

(d)    

to hold a meeting following the issuing of such

 

invitations if such a person requests the examiner to do

 

so.

 

      (4)  

Those persons are—

 

(a)    

the qualifying body,

 

(b)    

the local planning authority, and

 
 

 


 
 

5

 
 

(c)    

such other persons as may be prescribed.

 

      (5)  

Where the regulations make provision by virtue of sub-

 

paragraph (3)(c) or (d), they may make further provision about—

 

(a)    

the procedure for a meeting;

 

(b)    

the matters to be discussed at a meeting.”

Clause 6

6

Page 5, line 39, at end insert—

 

“( )    

In section 34 of that Act (guidance)—

 

(a)    

the existing words become subsection (1), and

 

(b)    

after that subsection insert—

 

“(2)    

The Secretary of State must issue guidance for local

 

planning authorities on how their local development

 

documents (taken as a whole) should address housing

 

needs that result from old age or disability.””

Clause 11

7

Page 10, line 17, at end insert—

 

“( )    

Section 18 of the Planning and Compulsory Purchase Act 2004 (statement

 

of community involvement) is amended as follows.”

 

8

Page 10, line 18, leave out from “In” to “after” in line 19 and insert “subsection (2)”

 

9

Page 10, line 19, at end insert—

 

“( )    

After subsection (3A) insert—

 

“(3B)    

The Secretary of State may by regulations prescribe matters to be

 

addressed by a statement of community involvement in addition to

 

the matters mentioned in subsection (2).””

Clause 12

10

Page 10, line 27, after “a” insert “relevant”

 

11

Page 10, line 35, after “a” insert “relevant”

 

 
 

 


 
 

6

12

Page 11, line 3, at end insert—

 

“( )    

No regulations shall be made under subsection (1) that would have the

 

effect of preventing a local planning authority from requiring a condition

 

that would otherwise be in conformity with the national planning policy

 

framework.”

 

13

Page 11, line 6, after “a” insert “relevant”

 

14

Page 11, line 13, at end insert—

 

“(6A)    

Before making regulations under subsection (6) the Secretary of State must

 

carry out a public consultation.”

 

15

Page 11, line 23, leave out “, or by virtue of,”

 

16

Page 11, line 24, after second “a” insert “relevant”

 

17

Page 11, line 27, leave out from “(b)” to end of line

 

18

Page 11, line 28, at end insert—

 

“(8A)    

The Secretary of State must issue guidance to local planning authorities

 

about the operation of this section and regulations made under it.

 

(8B)    

The Secretary of State may, from time to time, revise guidance issued under

 

subsection (8A).

 

(8C)    

The Secretary of State must arrange for guidance issued or revised under

 

this section to be published in such manner as the Secretary of State

 

considers appropriate.”

 

19

Page 11, line 30, after “a” insert “relevant”

 

20

Page 11, line 31, leave out from first “permission” to end of line 32 and insert “to

 

develop land which is granted on an application made under this Part;”

 

21

Page 11, line 35, at end insert—

 

“( )    

In section 333 of the Town and Country Planning Act 1990 (regulations and

 

orders) after subsection (3ZA) insert—

 

“(3ZAA)    

No regulations may be made under section 100ZA(1) unless a draft

 

of the instrument containing the regulations has been laid before,

 

and approved by a resolution of, each House of Parliament.””

 
 

 


 
 

7

 

After Clause 12

22

Insert the following new Clause—

 

“Change of use of drinking establishments

 

(1)    

In regulation 3 of the Town and Country Planning (Use Classes) Order

 

1987, after paragraph (6)(o) insert—

 

“(p)    

as a drinking establishment”.

 

(2)    

Before exercising his or her powers under section 41(1) of this Act, the

 

Secretary of State must exercise the powers conferred by sections 59, 60, 61,

 

74 and 333(7) of the Town and Country Planning Act 1990 to remove

 

permitted development rights relating to the change of use or demolition

 

of “drinking establishments”.”

 

23

Insert the following new Clause—

 

“Development of new towns by local authorities

 

(1)    

The New Towns Act 1981 is amended as follows.

 

(2)    

After section 1 insert—

 

“1A    

Local authority to oversee development of new town

 

(1)    

This section applies where the Secretary of State is considering

 

designating an area of land in England as the site of a proposed new

 

town in an order under section 1.

 

(2)    

The Secretary of State may, in an order under section 1, appoint one

 

or more local authorities to oversee the development of the area as

 

a new town.

 

(3)    

But a local authority may only be appointed if the area of land

 

mentioned in subsection (1) is wholly or partly within the area of

 

the local authority.

 

(4)    

The Secretary of State may by regulations make provision about

 

how a local authority is to oversee the development of an area as a

 

new town.

 

(5)    

Regulations under subsection (4) may, for example—

 

(a)    

provide that a local authority is to exercise specified

 

functions under this Act which would otherwise be

 

exercisable by the Secretary of State, the appropriate

 

Minister or the Treasury;

 

(b)    

provide that a local authority is to exercise such functions

 

subject to specified conditions or limitations;

 

(c)    

provide that specified functions under this Act may be

 

exercised only with the consent of a local authority;

 

(d)    

make provision about the membership of a corporation

 

established under section 3, including the proportion of the

 

members of the corporation who may be members of or

 

employed by a local authority;

 

(e)    

modify provisions of this Act;

 
 

 


 
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Revised 15 March 2017