|
|
| |
|
|
|
|
NEIGHBOURHOOD PLANNING BILL |
|
[The page and line references are to HL Bill 86, the bill as first printed for the Lords] |
|
|
|
|
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 |
|
| |
| |
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 |
|
| |
|
| |
| |
|
|
| |
| | |
|
| (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 |
|
| |
| (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 |
|
| |
|
|
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 |
|
| |
| (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 |
|
| |
| (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. |
|
|
| |
|
|
| |
| | |
|
| (3E) | For the purposes of sub-paragraphs (3A) to (3D)— |
|
| “neighbourhood area” means an area designated as such |
|
| |
| “relevant neighbourhood development plan” means— |
|
| (a) | a post-examination draft neighbourhood |
|
| development plan as defined by section 70(3B) to |
|
| |
| (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 |
|
| |
| (a) | planning permission or permission in principle, |
|
| |
| (b) | approval of a matter reserved under an outline |
|
| planning permission within the meaning of |
|
| |
| (4) | In the opening words of sub-paragraph (4) for “the duty” substitute “a duty |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (a) | any relevant planning application, and |
|
| (b) | any alteration to that application accepted by the |
|
| |
| (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.” |
|
|
| |
|
|
| |
| | |
|
| (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 |
|
| |
| (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.” |
|
|
|
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 |
|
| |
| (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 |
|
| |
| (d) | to hold a meeting following the issuing of such |
|
| invitations if such a person requests the examiner to do |
|
| |
| |
| |
| (b) | the local planning authority, and |
|
|
| |
|
|
| |
| | |
|
| (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.” |
|
|
|
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.”” |
|
|
|
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).”” |
|
|
|
10 | Page 10, line 27, after “a” insert “relevant” |
|
| |
11 | Page 10, line 35, after “a” insert “relevant” |
|
| |
|
| |
|
|
| |
| | |
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 |
|
| |
| |
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 |
|
| |
| (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 |
|
| |
| |
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.”” |
|
|
| |
|
|
| |
| | |
|
|
|
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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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; |
|
|
| |
|