Localism Bill

Page 2, line 1, leave out “or elsewhere”

Page 2, line 4, leave out “, or otherwise than for,”

Page 2, line 13, leave out subsections (1) and (2)

Page 2, line 32, leave out paragraph (c)

Page 2, line 35, leave out subsection (4)

Page 3, line 13, leave out “, or could be done,”

Page 3, line 22, leave out subsections (3) and (4)

The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.

Page 210, line 27, leave out from beginning to end of line 39 on page 212

Page 222, line 40, leave out “third day after the relevant elections” and insert “relevant day”

Page 223, line 1, leave out “elections” and insert “day”

Page 223, line 4, leave out from beginning to end of line 20 and insert—

“(a) a leader and cabinet executive (England): the date of the next annual meeting of the local authority or such other later date as the local authority determines in the resolution to change governance arrangements;

(b) a mayor and cabinet executive: the third day after the election of the mayor;

(c) a committee system: the date of the next annual meeting of the local authority or such other later date as the local authority determines in the resolution to change governance arrangements;

(d) prescribed arrangements: the date of the next annual meeting of the local authority or such other later date as the local authority determines in the resolution to change governance arrangements.”

Insert the following new Clause—

“Tax increment financing

(1) The Business Rate Supplement Act 2009 is amended as follows.

(2) After section 1 (power to impose a BRS) insert—

“(1A) A BRS may be in the form of tax increment financing.”

(3) In section 14 (Chargeable amount: supplementary) in subsection (2) after ““A” is” insert “for any form of BRS other than tax increment financing”.

(4) In section 14, after subsection (2) insert—

“(2A) For tax increment financing “A” is—

(a) the increase in the rateable value on the chargeable day attributable to the project to which the tax increment financing relates, or

(b) if section 12(2) applies, the rateable value of the occupied part of the hereditament on that day.”.”

Page 57, line 31, leave out paragraphs (a) to (d) and insert “any public body, including, but not limited to, local authorities, government departments, government agencies and non-departmental public bodies”

Page 58, line 7, at end insert—

“( ) a local authority, on behalf of its community when the relevant authority is a government department, government agency or non-departmental public body,”

Insert the following new Clause—

“List of challengeable services

(1) A local authority must maintain a list of relevant services provided by or on behalf of all relevant authorities in its area.

(2) The list maintained under subsection (1) by a local authority is to be known as its “list of challengeable services”.

(3) All relevant authorities must provide, upon receiving a written request from a local authority, a list of relevant services provided within that local authority’s area.

(4) The Secretary of State may by regulations make further provision in relation to a local authority’s list of challengeable services, including provision about—

(a) the form in which the list is to be kept;

(b) contents of an entry in the list (including matters not to be included in an entry);

(c) modification of an entry in the list;

(d) removal of an entry from the list.

(5) Subject to any provision made by or under this Chapter, it is for a local authority to decide the form and contents of its list of challengeable services.

(6) A local authority must publish its list of challengeable services and must provide a free copy of this list to any relevant body that asks it for a copy, but is not required to provide any particular relevant body more than one free copy of the same version of the list.

(7) In this section “free” means free of charge.”

Page 61, line 19, at end insert—

“( ) the definition of an asset of community value;”

Page 66, line 13, leave out “C” and insert “D”

Page 66, line 22, at end insert—

“( ) Condition D is that where a relevant disposal of land is in relation to an existing business, the full moratorium period is only applicable in the following circumstances—

( ) the business is at risk of closure;

( ) the business is closed;

( ) the business is subject to an application for change of use;

( ) the building is subject to a demolition order.”

Page 66, line 37, at end insert—

“( ) The moratorium timescales in relation to a relevant disposal are as follows—

( ) the interim moratorium period is two weeks;

( ) the full moratorium period is three months;

( ) the protected period in relation to a relevant disposal is 18 months.”

Page 66, line 38, leave out subsection (7)

Page 92, line 20, at end insert “and

(c) unless an appeal is submitted under subsection (16),”

Page 93, line 16, at end insert—

“(16) Power under subsection (1) is subject to the right of appeal under section 225C.”

Page 95, line 1, leave out “notice under section 225B” and insert “notices under sections 225A or 225B”

Page 95, line 2, after “section” insert “225A(3) and (5) or”

Page 95, line 12, after “of” insert “a display structure”

Page 95, line 13, after “section” insert “225A(5) or”

Page 95, line 16, after “surface” insert “or display structure”

Page 95, line 28, after “section” insert “225A(3) and (5) or”

Page 95, line 30, after “section” insert “225A(3) and (5) or”

Page 95, line 32, after “section” insert “225A(7) or”

Insert the following new Clause—

“Planning permission for subterranean development

In the Town and Country Planning Act 1990, after section 75 insert—

“Planning permission for subterranean development”

(1) Any proposed development which extends below the ground level of an existing property shall be deemed to be “a subterranean development” and any person seeking to undertake a subterranean development must—

(a) commission a “Subterranean Impact Study” by consultants approved by the Department of the Environment on the impact of the proposed subterranean development upon—

(i) subterranean ground conditions with particular reference to flowing and standing water; and

(ii) foundations, footings and structure of any adjacent buildings and other buildings within a radius of 100 metres of the proposed development;

(b) provide owners of any adjacent properties and of properties within a radius of 100 metres with a copy of the Subterranean Impact Study and enter into consultation with the respective owners during a period of not less than 90 days;

(c) submit a copy of the Subterranean Impact Study to the relevant planning authority, together with the results of the consultation with relevant adjacent and nearby property owners, before submitting any application for full planning approval for the proposed subterranean development from the relevant planning authority;

(d) seek the approval of Secretary of State for the proposed subterranean development;

(e) provide an appropriate warranty or bond and security for expenses to a value to be determined by a specialist advisor.””

Insert the following new Clause—

“Duty to have regard to community views

After section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of local development documents) insert—

“19A Duty to have regard to community views

(1) A local planning authority must have regard to any written expressions of community views in the preparation of development plan documents so far as they relate to spatial planning.

(2) Where a local planning authority decides to set aside these views, it must give written reasons.

(3) For the purpose of subsection (1), a local planning authority must have regard to any guidance issued by the Secretary of State as to the definition of “community views”.””

Insert the following new Clause—

“Planning permission for development under land

In the Town and Country Planning Act 1990 after section 75 insert—

“Planning permission for development under land

(1) In considering an application for planning permission for a development involving building under land a local planning authority shall—

(a) have regard to the number of other applications for such development in the locality that it has granted; and

(b) presume that if it has granted permission for such development in respect of one application it will grant permission for other applications proposing similar development.

(2) The Secretary of State may make regulations requiring an applicant for planning permission for a development involving building under land to demonstrate that the applicant has entered into such appropriate insurance arrangements or bonds as are specified in the regulations.””