Localism Bill

The above-named Lords give notice of their intention to oppose the Question that Clause 73 stand part of the Bill.

Page 61, line 38, at end insert “, except that land of community value may only be land owned by a relevant public authority or land where the owner has agreed that it may be determined land of community value”

Page 63, line 25, at end insert—

“( ) In considering whether to accept a community nomination, a local authority must be satisfied that the person or body making the nomination has demonstrated that it has the intention and capacity to be treated as a potential bidder should a relevant disposal be entered into.”

Page 66, line 13, at end insert “, unless the relevant disposal will be the sale of the land privately to another business for the same use as when it was listed as an asset of community value”

Page 72, line 19, at end insert “, with a view to ensuring that those activities enable the planning of sustainable development in a way that is, so far as possible, coherent and complimentary as between the areas for which each such person exercises functions”

Page 72, line 26, at end insert—

“(c) to have regard to activities and requirements of local businesses, and

(d) to have regard to activities and plans of local enterprise partnerships.”

Page 73, line 28, leave out “whether to consult on and prepare, and enter” and insert “entering”

Page 73, line 31, leave out “whether to agree” and insert “agreeing”

Page 73, line 33, at end insert “, and

(c) preparing for or being a party to the preparation of a strategic infrastructure assessment including setting infrastructure priorities, delivery programmes and funding arrangements.”

Page 79, line 20, at end insert—

“( ) In section 209 (liability: interpretation of key terms) after subsection (8) (regulations may make provision for a person not to be treated as a developer in specified circumstances) insert—

“(9) CIL regulations must provide for an exemption (or a partial exemption) from liability to pay CIL in respect of a development where the person who would otherwise be likely to pay CIL in respect of the development is already required to make payment of a sum or sums under a planning obligation under section 106 of TCPA 1990 which is or are applied towards—

(a) existing infrastructure (within the meaning given in section 216(1)), or

(b) other existing local infrastructure or matters relating to that infrastructure.””

Page 305, line 7, after “means” insert—

“(a)”

Page 305, line 10, at end insert “, or

“(b) a person who owns or operates any existing infrastructure the development of which would have required development consent under the Planning Act 2008 had that Act been in force at the time of the development.”

Page 307, line 14, at end insert “, and

(iv) whose members which fall within sub-paragraph (ii) reflect the business demographic of the area concerned, including small and micro businesses,”

Page 308, line 21, after “area” insert—

“or

( ) the authority has conducted a survey of the residents of its local authority area asking its residents to define their own neighbourhood, village or area and at least 5% of the households in the local authority area have responded to the survey,”

Page 308, line 41, at end insert—

“(c) the views expressed by local residents in any survey conducted by the authority.”

Page 309, line 7, at end insert—

“unless in any survey conducted by, or with the approval of, the authority residents have expressed the view that they feel part of, or are influenced by developments in more than one overlapping neighbourhood.”

Page 330, line 47, at end insert—

6A Any direction given by the Secretary of State under a development order that requires a person of a particular description to be consulted about applications for planning permission for particular kinds of development or for development in particular locations or kinds of location has effect in relation to a proposal for a community right to build order that would grant planning permission for development of that kind or in those areas or kinds of area.”

Page 84, leave out lines 33 to 35 and insert—

61W Code of best practice for consultation

(1) The Secretary of State must publish and keep under review a code of practice relating to the carrying out of consultation in cases where—”

Page 84, line 40, leave out from beginning to end of line 23 on page 85 and insert—

“(2) A person who proposes to make an application of the type described in subsection (1) must have regard to the code of practice.”

Insert the following new Clause—

“Planning permission for sites for gypsies and travellers

In the Town and Country Planning Act 1990, after section 77 insert—

“77A Planning permission for sites for gypsies and travellers

(1) The Secretary of State may direct a local planning authority to grant planning permission for an application involving development which provides a site for the accommodation of a specified number of gypsies and travellers.

(2) In the East of England and South West regions, the specified number of gypsies and travellers under subsection (1) may not exceed any number specified for that local authority in the regional strategy.

(3) In the North West and South East regions, and in any other region where there is a report by the independent panel appointed by the Secretary of State under section 8 of the Planning and Compulsory Purchase Act 2004, the specified number of gypsies and travellers under subsection (1) may not exceed the number for that local planning authority in the independent panel report.

(4) In any other region, the specified number of gypsies and travellers under subsection (1) may not exceed the number in the Gypsy and Traveller Accommodation Needs Assessment conducted under section 225 of the Housing Act 2004.

(5) In this section “gypsies and travellers” has the meaning given by regulations made under section 225 of the Housing Act 2004.

(6) The reference to a regional strategy applies to the regional strategy in place at the abolition of regional strategies under section 94 of the Localism Act 2011.””

Insert the following new Clause—

“Planning permission for sites or accommodation for gypsies and travellers

In the Town and Country Planning Act 1990, after section 77 insert—

“77A Planning permission for sites or accommodation for gypsies and travellers

In deciding whether to grant planning permission for a site for gypsies, travellers or travelling showmen at any time before a development plan has been adopted specifying the additional number of pitches for which planning permission is required within its area, or in determining a planning application for residential accommodation for gypsies, travellers or travelling showmen, a local planning authority shall treat as a material consideration—

(a) in the case of a local planning authority in the East of England or the South West of England, the number of pitches for that local authority in the regional strategy that was in place at the time before regional strategies were abolished under section 94 of the Localism Act 2011;

(b) in the case of a local planning authority in the North West and South East regions, and in any other region where there is a report by the independent panel appointed by the Secretary of State under section 8 of the Planning and Compulsory Purchase Act 2004, the number of pitches for that local authority in the independent panel report; and

(c) in the case of a local planning authority in any other region, the number of pitches for that local authority in the Gypsy and Traveller Accommodation Needs Assessment conducted under section 225 of the Housing Act 2004.””

Page 120, line 31, after “1985)” insert “or who have been owed such duties at any time within the previous five years”

Page 123, line 18, leave out “two” and insert “five”

Page 123, line 21, leave out “to (7E)” and insert “, (7C) and (7E)”

Page 123, line 21, at end insert—

“(8A) In subsection (7D) after paragraph (c) insert—

“(d) an assured shorthold tenancy of a minimum duration of 12 months is available to the applicant;

(e) the applicant has previously been placed in an assured shorthold tenancy of a duration of more than six months and lass than 12 months between the date of the application being made and the date of the tenancy mentioned in paragraph (d) becoming available;

(f) the local authority considers that the tenancy available can be afforded by the applicant;

(g) a housing support services assessment for the applicant has concluded that any support needs of the household to which the applicant belongs can be met within the accommodation provided under the tenancy that is available;

(h) the support to meet the support needs of the household is available; and

(i) the local authority has advised the applicant of tenants’ and landlords’ rights and obligations under an assured shorthold tenancy and has directed the applicant to sources of independent advice and information.””

Page 123, line 27, leave out paragraph (d)

Page 123, line 30, leave out subsection (10)

The above-named Lords give notice of their intention to oppose the Question that Clause 129 stand part of the Bill.

Page 124, line 6, at end insert—

“( ) After section 184 (inquiry into cases of homelessness or threatened homelessness) insert—

“184A Prevention of homelessness: advice and assistance

(1) An authority may, in the course of its enquiries under section 184, provide advice and assistance to the applicant for the purpose of the prevention of homelessness.

(2) The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (1).

(3) The advice and assistance provided under subsection (1) must include information about the likely availability in the authority’s district of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such accommodation).

(4) The advice and assistance provided under subsection (1), including the assessment of the housing needs of and options available to the applicant, shall, in addition to the information specified in subsection (3), set out the steps which in the opinion of the authority are required to resolve the applicant’s housing needs.

(5) Any advice and assistance or offer of further assistance provided or made in accordance with subsection (4) shall be notified in writing to the applicant at the time when such provision or offer takes place or as soon as reasonably practicable thereafter.

(6) Where at any time prior to the making of a decision under section 184(3) the authority proposes to procure or arrange for the applicant a private rented sector offer, the applicant is free to reject such an offer without affecting the duties owed to him or her by the authority under this Part.

(7) The authority shall secure that any offer of accommodation which is made in the circumstances described in subsection (3)—

(a) is an offer of a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least twelve months; and

(b) is accompanied by a statement in writing which specifies the term of the tenancy being offered and explains in ordinary language—

(i) that there is no obligation to accept the offer, but

(ii) that if the offer is accepted, the authority may decide that the applicant is no longer homeless or threatened with homelessness and the consequences of such decision, and

(iii) the implications of the applicant deciding not to accept the offer.

(8) A notification or statement under subsection (2) or (4)(b) shall inform the applicant of his or her right to seek independent advice in respect of the matters contained in that document.””

Page 124, line 6, at end insert—

“(1A) After section 166 of the Housing Act 1996 (inquiry into cases of homelessness or threatened homelessness) insert—

“166A Statistics on homelessness

(1) The local housing authority shall record and publish in statistical form details of all those—

(a) who make an application for accommodation under section 166;

(b) who express an interest in making such an application;

(c) whom the authority considers to be homeless or threatened with homelessness; or

(d) who consider themselves to be homeless or threatened with homelessness.

(2) The details published under subsection (1) shall be such as shall be prescribed by regulations and shall include—

(a) the size and composition of the household;

(b) the reason for and nature of the housing need;

(c) whether the authority judges the applicant to be homeless or at risk of homelessness;

(d) whether applicant considers himself to be homeless or at risk of homelessness;

(e) a record of what, if any, assistance has been offered to the applicant; and

(f) a record of what, if any, assistance has been accepted by the applicant.

(3) The authority shall—

(a) make a copy of all information published under subsection (1) available at its principal office for inspection at all reasonable hours, without charge, by members of the public; and

(b) provide (on payment if required by the authority of a reasonable charge) a copy of such information to any member of the public on request.””

Page 124, line 13, at end insert—

“(2A) For section 190 substitute—

“190 Duties to persons becoming homeless intentionally or who are not in “priority need”

(1) This section applies where the local housing authority are satisfied that an applicant is homeless and is eligible for assistance, and—

(a) are satisfied that he or she became homeless intentionally,

(b) are satisfied that he or she is not in “priority need”, or

(c) both of the above.

(2) The local authority shall—

(a) secure that accommodation is available for his or her occupation for such period as they consider will give him or her a reasonable opportunity of securing accommodation for his or her occupation, and

(b) provide him or her with (or secure that he or she is provided with) advice and assistance in any attempts he or she may make to secure that accommodation becomes available for his or her occupation.

(3) The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (2)(b).

(4) The advice and assistance provided under subsection (2)(b) must include information about the likely availability in the authority’s district of types of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such types of accommodation).”

Page 124, line 13, at end insert—

“( ) Omit section 192.”

Page 124, line 19, leave out “two” and insert “five”

Page 125, leave out lines 6 to 9

The above-named Lords give notice of their intention to oppose the Question that Clause 130 stand part of the Bill.

Insert the following new Clause—

“Suitability of accommodation

In section 210 of the Housing Act 1996 (suitability of accommodation secured under homelessness duties), after subsection (2) insert—

“(3) Accommodation shall not be regarded as suitable for a person unless it is affordable.

(4) Accommodation shall not be considered to be affordable if an applicant’s residual income after deduction of the rent and other costs of that accommodation would be less than the amount of income support or income-based jobseeker’s allowance or such other subsistence-level state benefit as may be available at the time which is applicable in respect of that applicant and his or her household, or which would be available if he or she was entitled to claim such benefit.

(5) In determining whether accommodation is suitable for the applicant and his or her household in terms of its location, the authority shall have regard to—

(a) subsection (1) of section 208;

(b) the distance of the accommodation from or proximity to employment or employment opportunities;

(c) any disruption to the education of children or young persons in the household;

(d) the risks to the applicant of isolation, taking into account amenities such as transport, shops and other necessary facilities;

(e) the level of support available to the applicant in the district in which the accommodation is situated from family or friends or the local community;

(f) the availability of medical treatment where appropriate;

(g) any caring responsibilities of the applicant in relation to another person;

(h) the ages of the applicant and other members of his or her household; and

(i) any other circumstances affecting the wellbeing of the applicant and his or her household.

(6) Accommodation shall not be regarded as suitable for a person unless the authority is satisfied that the landlord is a fit and proper person and that, where the accommodation forms part of a house in multiple occupation, the proposed management arrangements for the house are satisfactory.

(7) For the purposes of subsection (6), the tests in section 66 of the Housing Act 2004 shall apply for the purposes of deciding whether a landlord is a fit and proper person or (as the case may be) whether the proposed management arrangements for the house are satisfactory (whether or not the house is subject to mandatory licensing).

(8) Accommodation shall not be regarded as suitable for a person where on inspection the authority considers that a category 1 hazard, within the meaning of section 2(1) of the Housing Act 2004, exists in or in relation to the accommodation itself or the premises in which the accommodation is situated.””

The above-named Lords give notice of their intention to oppose the Question that Clause 133 stand part of the Bill.

Page 127, line 26, leave out “two” and insert “seven”

Page 127, line 30, at end insert—

“(2A) Subsection (2) shall not apply to a secure tenancy if immediately before the tenancy was granted the person who became the tenant under the tenancy, or in the case of joint tenants one or more of them, was—

(a) a secure tenant of the same or another dwelling-house, or

(b) an assured tenant of a private registered provider of social housing or a registered social landlord (otherwise than under an assured shorthold tenancy) in respect of the same or another dwelling-house.”

Page 130, line 24, at end insert—

“(3A) In carrying out the review, the reviewing officer shall presume that a new flexible tenancy for a term at least equivalent to the current or previous fixed term should be granted to the tenant unless the contrary is shown to be in accordance with the authority’s policies, in the interests of good housing management and compliant with Article 8 of the European Convention on Human Rights.”

The above-named Lords give notice of their intention to oppose the Question that Clause 135 stand part of the Bill.

Insert the following new Clause—

“Exemptions from flexible tenancy regime

(1) The Secretary of State shall by regulations provide that a secure tenancy shall not be capable of being a flexible tenancy if it falls within one of such classes as shall be prescribed.

(2) The prescribed classes of secure tenancy referred to in subsection (1) shall include—

(a) tenancies granted to a tenant (alone or jointly with others) aged 60 years or more;

(b) tenancies granted to a tenant (alone or jointly with others) in circumstances where the tenant or a member of his or her household suffers from a long-term illness or disability, or has a need for secure accommodation on medical or welfare grounds;

(c) tenancies granted to such other persons as regulations shall provide who have a need for secure accommodation.

(3) In determining whether a tenant falls within one of the prescribed classes of person, the landlord authority shall have regard to guidance issued by the Secretary of State under this section.

(4) Where a tenancy is a secure tenancy by reason of regulations made under this section, it shall be a ground for possession within section 84 of the Housing Act 1985 where the accommodation afforded by the dwelling-house is more extensive than is reasonably required by the tenant.

(5) The court shall not make an order for possession under subsection (4) unless—

(a) it is satisfied that suitable alternative accommodation will be available for the tenant when the order takes effect; and

(b) it considers it reasonable to make the order.

(6) Part IV of Schedule 2 to the Housing Act 1985 shall have effect for determining, for the purpose of subsection (5)(a), whether suitable alternative accommodation will be available for the tenant.

(7) Where the landlord considers that the ground for possession in subsection (4) applies to a tenancy, the court shall not entertain proceedings for possession of the tenancy unless the landlord has complied with the notice requirements in section 83 and subsections (3) and (4) of section 84 of the Housing Act 1985.

(8) Where proceedings are brought for possession of a dwelling-house under the ground in subsection (4), the court shall have the powers set out in section 85 of the Housing Act 1985.”

Insert the following new Clause—

“Orders for possession: cases in which ground 8 is not available

(1) Section 7 (orders for possession) of the Housing Act 1988 is amended as follows.

(2) In subsection (3), for “subsections (5A) and (6)” substitute “subsections (5A), (6) and (6A)”.

(3) In subsection 4, for “subsections (5A) and (6)” substitute “subsections (5A), (6) and (6A)”.

(4) After subsection (6), insert—

“(6A) If the court is satisfied—

(a) that ground 8 in Part 1 of Schedule 2 to this Act is established; and either

(b) that some rent is in arrears as a consequence of a delay or failure in the payment of relevant housing benefit, or

(c) the landlord is a private registered provider of social housing,

it shall not make an order for possession unless it considers it reasonable to do so.”

(5) After subsection (7) insert—

“(8) In subsection (6A) above—

(a) “relevant housing benefit” means—

(i) any rent allowance or rent rebate to which the tenant was entitled in respect of the rent under the Housing Benefit Regulations 2006; or

(ii) any payment on account of any such entitlement awarded under Regulation 93 of those Regulations;

(b) references to delay or failure in the payment of relevant housing benefit do not include such delay or failure as is referable to any wilful act or omission of the tenant.””

Insert the following new Clause—

“Proceeds from Housing Revenue Account subsidy scheme in Wales

(1) The Secretary of State shall make regulations providing that receipts from the Housing Revenue Account subsidy scheme in Wales shall not be remitted to the Treasury.

(2) The regulations must provide—

(a) that Welsh Ministers shall not remit other funds to the Treasury in lieu of receipts which would have been received from the operation of the Housing Revenue Account subsidy scheme in Wales, and

(b) that the financial effects of the regulations shall begin at the date on which this Act is passed.

(3) The regulations must be laid within 12 months of the passing of this Act and shall be subject to negative resolution procedure.”

Leave out Clause 149 and insert the following new Clause—

“(1) A local authority shall determine and keep under review the amount of housing debt held by that authority.

(2) A determination under this section must have regard to the duty to determine an affordable borrowing limit under Section 3 of the Local Government Act 2003 (Duty to determine affordable borrowing limit).

(3) A determination under this section must have regard to any guidance issued or approved by the Secretary of State.

(4) A local housing authority may not hold debt in contravention of a determination under this section.

(5) In this section “housing debt”, in relation to a local housing authority, means debt—

(a) which is held by the authority in connection with the exercises of its functions relating to houses and other property within its Housing Revenue Account, and

(b) interest and other charges in respect of which are required to be carried to the debit of that account.”

The above-named Lords give notice of their intention to oppose the Question that Clause 154 stand part of the Bill.

Page 361, line 27, leave out “, unfit or unsuitable” and insert “or unfit”

Page 370, line 24, at end insert—

“In section 122 (payments to members etc.), after subsection (5) insert—

“(5A) Class 4 is payments which are made incidentally to members as a result of their belonging to a class of persons to whom the provider is properly making payments in pursuance of its constitution or objects.

(5B) Class 5 is payments made with the consent of the regulator.””

Page 374, line 10, at end insert—

“17 In section 269 (appointment of new officers), for subsection (2) substitute—

“(2) The regulator may appoint more than four of the officers of a registered provider only if the provider has fewer officers than required by its constitution.””

Page 145, leave out lines 16 to 37

Insert the following new Clause—

“The Homes and Communities Agency: annual report

In Schedule 1 to the Housing and Regeneration Act 2008 (the Homes and Communities Agency), after sub-paragraph (1)(a) of paragraph 11 insert—

“(aa) state within the report, in particular, the total number of new properties delivered during each year, also specifying, in respect of new properties in the area of each local housing authority—

(i) how many are located within a settlement of fewer than 10,000, and fewer than 3,000, inhabitants;

(ii) the number let on long leases, fixed-term shorthold tenancies, and periodic tenancies;

(iii) levels of rent;

(iv) the number designed for use as housing for older people;

(v) the number designed for use as housing for other vulnerable groups;

(vi) the size as defined by the number of bedrooms;

(vii) such other categories as may appear to the HCA to be appropriate or may be specified by the Secretary of State.””

Insert the following new Clause—

“Standards for private sector lettings and management agents

The Secretary of State may by regulations set the standards that private sector lettings agents and management agents must adhere to.”

Insert the following new Clause—

“Statutory overcrowding: reform of overcrowding standard

(1) Part X of the Housing Act 1985 is amended as follows.

(2) For sections 324 to 332 substitute—

“324 Statutory overcrowding

A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene the standard specified in section 325 (the overcrowding standard).

325 Overcrowding standard

(1) The overcrowding standard is contravened when the number of rooms in a dwelling which are available as sleeping accommodation is smaller than the number specified in subsection (3), having regard to the number and description of persons who are ordinarily resident in the dwelling.

(2) For the purpose of calculating the number of rooms available as sleeping accommodation, no account shall be taken of a room which is of a type normally used in the locality as a living room or of a kitchen.

(3) The permitted numbers are specified in the table below.

(a) no account shall be taken of a room having a floor area of less than 50 square feet;

(b) a room measuring 50 square feet or more but less than 70 square feet shall not be taken to be available for anyone other than one child under 10;

(c) a room measuring more than 70 square feet but less than 90 square feet shall not be taken to be available for anyone other than one person of any age or two children under 10;

(d) a room measuring more than 90 square feet but less than 110 square feet shall not be taken to be available for anyone other than one person of any age or two persons of whom at least one must be a child under 10; and

(e) a room measuring 110 square feet shall be taken to be avialable for two persons of any age.

(5) The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation of floor space in a part of the room which is less than a specified height not exceeding eight feet.

326 Notice to abate overcrowding

(1) Where a dwelling is found to contravene the overcrowding standard, the local housing authority may serve on the owner or manager of the dwelling notice in writing requiring him to take reasonable steps to abate the overcrowding within 28 days from the date of service of the notice.

(2) For the purposes of subsection (1), a person shall be considered to have taken reasonable steps to abate the overcrowding if he takes such steps as are necessary in law to recover possession of the dwelling or to reduce the number of persons in occupation of the dwelling or if he does any other act which in the opinion of the authority amounts to a reasonable response to the abatement notice.

(3) If, within the period of 28 days following service of an abatement notice under subsection (1), or within such further period as the local housing authority shall in its discretion allow, the owner or manager has not taken reasonable steps to abate the overcrowding, the authority may apply for an order to the county court.

(4) On an application by the local housing authority under subsection (3), the court may order that vacant possession of the dwelling or part of the dwelling be given to the landlord within such period as the court may determine.

(5) An order under subsection (4) may be stayed or suspended for such period and on such conditions as the court shall decide.

(6) In exercising its powers under subsection (4), the court shall have regard to the interests of any tenant or occupier of the premises, and in particular to the security of tenure of any protected or statutory tenant under the Rent Act 1977 or any assured tenant under the Housing Act 1988.

(7) Expenses incurred by the local housing authority under this section in securing possession of a dwelling may be recovered from the landlord or manager by action.

(8) Service of an abatement notice under subsection (1) shall not prevent the authority from serving a prohibition order under section 20 of the Housing Act 2004.”

(3) Omit sections 335 to 344.”

Insert the following new Clause—

“Tenancy relations services

(1) Every local housing authority shall provide a tenancy relations service.

(2) For the purposes of subsection (1), a tenancy relations service shall be operated or managed by a specified officer or officers of the authority and the work of the service shall include—

(a) providing or securing the provision of advice to private sector tenants and landlords concerning their respective rights and obligations;

(b) providing or securing the provision of assistance in the resolution of disputes, including measures for conciliation;

(c) providing and collecting evidence for the purposes of the authority’s powers of enforcement and of prosecution; and

(d) promoting best practice in the private rented sector, or securing that best practice is otherwise promoted.”

Insert the following new Clause—

“Local enterprise partnerships

The Secretary of State must take steps within three months of the passing of this Act to introduce a model constitution for the formation of local enterprise partnerships.”