Localism Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Fourth Marshalled List]

Before Clause 94

LORD GREAVES

THE LORD BISHOP OF EXETER

LORD MCKENZIE OF LUTON

147FD*

Insert the following new Clause—

“Sustainable development duty

(1) The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2) In section 39 (sustainable development)—

(a) in subsection (1) before paragraph (a) insert—

“(za) under the enactments listed in subsection (5) for the purpose of issuing any national policies or guidance related to town and country planning;”;

(b) in subsection (1) after paragraph (c) insert—

“(d) under sections 38A to 38C of this Act in relation to neighbourhood development plans;

(e) under Part III of the principal Act in relation to control over development;

(f) under Schedule 4A to the principal Act in relation to local development orders;

(g) under Schedule 4B to the principal Act in relation to neighbourhood development orders;

(h) under Schedule 4C to the principal Act in relation to community right to build orders.”;

(c) in subsection (2) for “contributing to” substitute “furthering”;

(d) subsection (3) is amended as follows—

(i) for “have regard to national” substitute “act in accordance with”;

(ii) in paragraph (a) after “subsection (1)(b)” insert “and subsections (1)(d) to (h)”;

(iii) in paragraph (b) after “subsection (1)(c)” insert “and subsections (1)(e) and (1)(f) as they relate to Wales”;

(e) after subsection (3) insert—

“(4) In this section “sustainable development” means development that meets the social, economic and environmental needs of the present without compromising the ability of future generations to meet their own needs including the application of the following principles—

(a) living within environmental limits;

(b) ensuring a strong healthy and just society;

(c) achieving a sustainable economy;

(d) promoting good governance;

(e) using sound science responsibly.

(5) For the purpose of subsection (1)(za), the enactments are—

(a) the Localism Act 2011;

(b) the Planning Act 2008;

(c) the Planning and Energy Act 2008;

(d) the Planning and Compulsory Purchase Act 2004;

(e) the Town and Country Planning Act 1990.””

147FE*

Insert the following new Clause—

“Sustainable development duty (No 2)

(1) The Planning Act 2008 is amended as follows.

(2) In section 10 (sustainable development)—

(a) in subsection (1) after “sections 5 and 6” insert “and Part 6”;

(b) in subsection (2) for “contributing to” substitute “furthering”;

(c) in subsection (3) for “have regard to the desirability of” substitute “ensure that (taken as a whole) the development and use of land under this Act contribute to”;

(d) after subsection (3) insert—

“(4) For the purposes of this section, the Secretary of State must act under any guidance, strategies or frameworks relating to sustainable development that may be adopted in the United Kingdom from time to time.

(5) In this Act, “sustainable development” means development that meets the social, economic and environmental needs of the present without compromising the ability of future generations to meet their own needs including the application of the following principles—

(a) living within environmental limits;

(b) ensuring a strong healthy and just society;

(c) achieving a sustainable economy;

(d) promoting good governance;

(e) using sound science responsibly.””

147FF*

Insert the following new Clause—

“Sustainability appraisal

(1) The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2) In section 19 (preparation of local development documents)—

(a) in subsection (2), after paragraph (g) insert—

“(ga) the findings of the sustainability appraisal required under subsection (5);”

(b) in subsection (5), after paragraph (b) insert—

“(c) proceed with the proposals in each development plan document only if it considers that the results of the appraisal indicate that it is appropriate to do so.”

(3) In section 20 (independent examination), after subsection (5)(b) insert—

“(c) whether the local planning authority complied with any duty imposed on the authority by section 39 in relation to its preparation.””

Clause 95

LORD CAMERON OF DILLINGTON

147M*

Page 73, line 33, at end insert—

“(c) if the person is a unitary authority or a county council in a two-tier area, to prepare and approve a strategic infrastructure assessment setting out infrastructure priorities, delivery programmes and funding schedules, and

(d) to be party to the preparation of a strategic infrastructure assessment setting out infrastructure priorities, delivery programmes and funding schedules.”

Clause 99

LORD CAMERON OF DILLINGTON

148ZZBA*

Page 77, line 6, at end insert “including the strategic infrastructure assessment and local transport plan for that area”

After Clause 99

BARONESS BYFORD

148ZZBB*

Insert the following new Clause—

“Registration of land

In section 15 of the Commons Act 2006 (registration of greens), after subsection (10) insert—

“(11) Regulations may provide for amendments to be made to the criteria by which a new town or village green can be determined in order to restrict the scope for such applications.””

Clause 100

LORD JENKIN OF RODING

148ZZBC*

Page 79, leave out line 20 and insert—

“(b) providing that which CIL provided initially under paragraph (a) on an ongoing basis.”

Schedule 9

LORD BROOKE OF SUTTON MANDEVILLE

148AZZA*

Page 306, leave out lines 20 to 27 and insert—

“(a) it is established expressly for the purposes of furthering the social, economic, environmental and cultural well-being of individuals living, or wanting to live, in an area that consists of or includes the neighbourhood area concerned, and, if it is appropriate to the nature of the area, promoting the carrying on of trades, professions or other businesses in such an area,”

LORD LUCAS

152ZB*

Page 317, line 27, at end insert—

“Preservation of local amenities

(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 59 after subsection (3) insert—

“(4) A provision in a development order has effect subject to the provisions in a neighbourhood development order under the Localism Act 2011, which may over-ride the development order in all or any respects.””

152ZC*

Page 317, line 27, at end insert—

“Making additional powers available to neighbourhoods

(1) In section 3(2)(e) of The Road Traffic Regulation Act 1984, omit the words from “area” to the end.

(2) In section 3(3) of The Road Traffic Regulation Act 1984, insert “, except one under section 3(2)(e)”.

(3) In section 235(1) of The Local Government Act 1972, after “be,” insert “for preserving or improving the amenities of the area,”.”

Schedule 10

LORD BROOKE OF SUTTON MANDEVILLE

152D*

Page 321, leave out lines 22 to 24 and insert—

“(a) the making of the order is in general conformity with the national planning policies and advice contained in guidance issued by the Secretary of State,”

Clause 108

BARONESS BYFORD

 

Baroness Byford gives notice of her intention to oppose the Question that Clause 108 stand part of the Bill.

Clause 109

BARONESS BYFORD

 

Baroness Byford gives notice of her intention to oppose the Question that Clause 109 stand part of the Bill.

After Clause 114

LORD JENKIN OF RODING

166VZA*

Insert the following new Clause—

“Amendment of section 1b of the Planning Act 2008

In section 16(3)(a) of the Planning Act 2008 for “expected to be less than 132 kilowatts” substitute “to be 132 kilowatts or less”.”

After Clause 124

BARONESS GARDNER OF PARKES

170CE*

Insert the following new Clause—

“Application of Party Wall etc. Act 1996 to subterranean development

After section 20 of the Party Wall etc. Act 1996 insert—

“20A Application to subterranean development

The requirements of this Act apply to any subterranean development or proposed development.””

After Clause 161

BARONESS GARDNER OF PARKES

182K*

Insert the following new Clause—

“Requirements to maintain property to appropriate standard

Where the residents of a particular street or other residential area petition the local authority to the effect that the owners of one or more properties in their street or area are not being maintained to the standard appropriate to properties in that street or area, the local authority may require the owners of the property to carry out such reasonable repairs and maintenance as are necessary to keep the property up to the average standard of repair of the other properties in the street or area.”

Prepared 30th June 2011