Localism Bill

Page 263, leave out lines 9 to 29

Page 263, line 33, leave out from “decided” to “for” in line 34 and insert “by a referendum triggered by a petition to the billing authority signed by no less than 5% of local government electors in that area”

Page 263, line 35, leave out from beginning to end of line 24 on page 264

Page 264, line 25, leave out from beginning to end of line 23 on page 265

Page 265, line 26, at beginning insert “In cases where a referendum has been triggered by a petition to the billing authority signed by no less than 5% of local government electors in that area,”

Page 265, leave out lines 30 to 38

Page 266, line 12, at beginning insert “Where required by section 52ZC(1),”

Page 266, line 15, leave out “Subject as follows,”

Page 266, leave out lines 17 to 20

Page 266, leave out lines 21 to 26

Page 268, line 41, leave out from beginning to end of line 28 on page 270

Page 270, line 29, leave out from beginning to end of line 38 on page 271

Page 273, line 42, leave out from beginning to end of line 36 on page 274

Page 61, line 14, leave out subsections (4) and (5)

Page 61, line 32, leave out from beginning to “it”

Page 61, line 36, leave out subsection (1) and insert—

“(1) The local authority will determine whether or not a building or other land is of community value in accordance with criteria previously agreed and published by the local authority.”

Page 61, line 39, leave out subsection (2) and insert—

“(2) The local authority must consult any relevant body, organisation and individual it considers appropriate before agreeing and publishing these criteria.”

Page 62, line 9, leave out subsection (3) and insert—

“(3) These criteria may be framed by reference to such matters as the local authority considers appropriate.”

Page 62, line 33, leave out paragraph (b) and insert—

“(b) by the local authority acting on its own initiative.”

Page 62, line 34, leave out subsection (2) and insert—

“(2) Local authorities will determine criteria for what constitutes a “community nomination”.”

Page 62, line 45, leave out subsection (3) and insert—

“(3) The local authority will agree and publish the criteria and procedure it will follow where it is considering whether land should be included in its list of assets of community value.”

Page 63, line 3, leave out subsections (4) and (5)

Page 63, line 13, leave out subsection (1)

Page 63, line 14, leave out subsection (2) and insert—

“(2) Local authorities will consider all nominations which meet their criteria for what constitutes a “community nomination”.”

Page 63, line 15, leave out subsection (3) and insert—

“(2) The local authority will accept all community nominations that are in the local authority’s area and meet their previously agreed criteria for land of community value.”

Lord Jenkin of Roding gives notice of his intention to oppose the Question that Clause 85 stand part of the Bill.

Page 71, line 40, at end insert—

“(3A) Subsection (3) shall not apply to those policies in an approved regional strategy that have been specifically referred to as part of the policy content of a Local Development Framework submitted under section 20(1) of the Planning and Compulsory Purchase Act 2004 (independent examination) in advance of the coming into force of this section.

(3B) Subsection (3A) shall apply until whichever is the earlier of—

(a) at the end of the period of three years starting with the date on which regional strategies are revoked under subsection (3) above,

(b) the day when in relation to a policy covered by subsection (3A), a new policy which expressly replaces it is adopted or approved.”

Page 72, line 14, after “authority,” insert—

“(ba) a marine plan authority, or”

Page 72, line 18, after “(b)” insert “, (ba)”

Page 72, line 28, after “preparation” insert “and implementation”

Page 72, line 29, after “preparation” insert “and implementation”

Page 72, line 30, after “preparation” insert “and implementation”

Page 72, line 37, at end insert “and

(f) the preparation and implementation of documents that are not planning documents but that affect the development or use of land and associated activities,”

Page 72, line 38, at end insert—

“(3A) The preparation of joint infrastructure planning guidance within subsection (3) must include—

(a) a local planning authority who is also a member of a Local Enterprise Partnership as approved by the Secretary of State; and

(b) every other person within subsection (1).

(3B) The preparation of joint infrastructure planning guidance within subsection (3) includes, in particular—

(a) the collection of evidence on issues defined in subsection (3C);

(b) the preparation of policy guidance in relation to issues defined in subsection (3C); and

(c) any other activities that support joint infrastructure planning.

(3C) For the purpose of subsection (3B) the issues to be addressed include—

(a) housing needs;

(b) climate mitigation and adaptation and, in particular, flood risk;

(c) economic development including retail needs;

(d) energy needs and capacity;

(e) biodiversity;

(f) natural resource use including water management; and

(g) transport.

(3D) The person or bodies defined in subsection (1) must exercise the function of joint infrastructure planning with the aim of achieving sustainable development and must act under guidance, including as to the meaning of sustainable development, as set out in the United Kingdom’s Sustainable Development Strategy.”

Page 72, line 41, leave out “sustainable”

Page 72, line 42, after “areas” insert “or projects forming part of a strategic network”

Page 72, line 42, leave out from “areas” to end of line 46

Page 72, line 45, after “areas” insert “or projects forming part of a strategic network”

Page 73, line 1, leave out “sustainable”

Page 73, line 5, at end insert—

“(c) development or use of land that is of potential strategic importance, and

(d) development or use of land that is necessary in order to meet the needs of a planning area but cannot be accommodated within that planning area.”

Page 73, line 21, after “region,” insert—

““planning documents” means documents that set out policies (however expressed) relating to the development and use of land, the English inshore region or the English offshore region under the following enactments—

(a) the Localism Act 2011;

(b) the Marine and Coastal Access Act 2009;

(c) the Planning and Compulsory Purchase Act 2004;

(d) the Town and Country Planning Act 1990, and”

Page 73, line 26, leave out “(2)(a)” and insert “(2)”

Page 73, line 28, leave out “considering whether to consult on and prepare, and” and insert “to consult on and prepare, and, where appropriate,”

Page 73, line 31, leave out “considering whether” and insert “where appropriate,”

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

(c) to have regard to activities of a person within subsection (9) so far as they are relevant to activities within subsection (3).”

Page 73, line 36, at end insert—

“(7A) A person may make representations to the Secretary of State with regard to compliance with this section in any particular case.

(7B) If the Secretary of State, upon application, is satisfied that a person is failing properly to comply with the duty under subsection (1), the Secretary of State may intervene and give directions.

(7C) A direction under this section may specify actions to be taken by a person in order to meet the engagement requirements under subsections (2) and (6).

(7D) A person subject to a direction under subsection (7B) must comply with that direction.

(7E) In exercising the power under this subsection, the Secretary of State may appoint an independent person to review the application and make recommendations on the nature of any directions to be made.

(7F) A direction under this subsection may be withdrawn, varied or revoked by a subsequent direction.”

Page 74, line 10, at end insert—

“(4) In paragraph 9(2) of Schedule 6 to the Marine and Coastal Access Act 2009 (matters to which a marine plan authority is to have regard in preparing a marine plan) after paragraph (b) insert—

“(ba) the duty imposed by section 33A of the Planning and Compulsory Purchase Act 2004 with respect to co-operating in relation to planning of sustainable development,”.

(5) In paragraph 13 of Schedule 6 to the Marine and Coastal Access Act 2009 (independent investigation) after sub-paragraph (2) insert—

“(2A) In undertaking the independent investigation, the person so appointed is to determine in respect of the consultation draft whether the marine plan authority complied with any duty imposed on the authority by section 33A of the Planning and Compulsory Purchase Act 2004 in relation to its preparation.””

Page 74, line 15, leave out subsection (2) and insert—

“( ) For subsection (3) (requirements as to preparation of schemes), substitute—

“(3) The scheme must contain—

(a) an assessment expressed in numerical terms concerning the present and projected levels of housing need and demand in the district of the housing market area within which the local planning authority falls; and

(b) the authority’s proposals for addressing such needs and demands.

(3A) The proposals referred to in subsection (3) shall include the authority’s plans relating to the provision of housing, including affordable housing, in its district.””

Insert the following new Clause—

“Information concerning the need for affordable housing

(1) Section 13 (survey of area) of the Planning and Compulsory Purchase Act 2004 is amended as follows.

(2) In subsection (2), at end insert—

“(da) the need and demand for housing, including affordable housing, in the housing market area in which the local planning authority falls.”

(3) After subsection (3)(a), at end insert—

“(aa) changes in the need or demand for development in the market areas in which the local planning authority falls;”

(4) After subsection (6), insert—

“(7) In preparing the statement referred to in subsection (2)(d), the local planning authority must have regard to such guidance as may from time to time be given to the Secretary of State concerning the methodology to be adopted in compiling the relevant data in respect of housing need and housing demand within its district.

(8) Each local planning authority must publish an annual statement setting out the matters that it has reviewed, and any changes that it proposes to implement, to local development documents.

(9) Each local planning authority must publish an initial review report detailing, in particular, an initial assessment of the matters referred to in subsection (2), before preparing a local development document.””

Page 76, line 40, at end insert—

“( ) At the end of the section 205(2) insert “without prejudicing the provision of affordable housing in accordance with the development plan””

Page 76, line 40, at end insert—

“( ) In section 211 (amount of levy) after subsection (2)(c) insert—

“( ) if affordable housing is not for the time being included in the list of infrastructure in section 216(2), the cost of providing affordable housing in accordance with the development plan.””

Page 77, line 3, at end insert—

“( ) A charging authority must use appropriate available evidence of the charging authority’s policies on the provision of affordable housing and the costs of such provision in the preparation of a charging schedule.”

Page 79, line 7, at end insert—

“( ) In section 220 (procedure) insert—

“(1A) Community Infrastructure Levy “(CIL)” regulations must make provision for exemptions from the payment of CIL, in cases where the payment of such a levy would prejudice the provision of affordable housing in accordance with the development plan””

Page 304, line 24, after “planning permission” insert “to implement the policies or proposals of an applicable neighbourhood development plan or development plan document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004)”

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

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

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

“(a) it is established expressly for the purpose of furthering the social, economic and environmental well-being of individuals living, or having an interest, in an area that consists of or includes the neighbourhood area concerned,”.

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

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

Page 306, line 37, leave out from “individuals” to end of line 44 and insert “including at least one individual falling within each of the sub-paragraphs (i) to (iii) of subsection (5)(b)”

Page 307, line 6, leave out “(or taken reasonable steps to attempt to secure)”

Page 308, leave out lines 34 to 36

Page 316, line 17, at end insert—

“( ) A neighbourhood development plan must include—

(a) policies relating to the prioritisation and provision of infrastructure to support development proposed (whether in the neighbourhood development plan itself or a development plan document relating to the area) in the context of the relevant authority’s charging schedule; and

(b) the local development framework;

if the qualifying body intends to be the recipient of community infrastructure levy receipts under section 216A of the Planning Act 2008.”

Page 317, line 38, at end insert “to implement the policies or proposals of a neighbourhood development plan or development plan document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004) applicable to the area.”

Page 318, line 3, at end insert—

“( ) a statement of consultation undertaken on the proposals in the preparation of the order, including particulars of how paragraph (3A) of this Schedule has been complied with, any responses to consultations received and the account taken of those responses.”

Page 318, line 7, at end insert “, including the relevant neighbourhood development plan or development plan document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004)”

Page 318, line 34, at end insert—

3A (1) Where a relevant body within the meaning of section 61G of the Town and Country Planning Act 1990 proposes to submit a proposal to a local planning authority for the making of a neighbourhood development order, the person must, whether before or after being formally designated as a qualifying body within the meaning of section 61E of that Act, carry out consultation on the proposed order such as a manner as—

(a) may be set out in specific regulations or guidance issued by the Secretary of State; or

(b) the relevant body reasonably considers is consistent with good practice and the policies contained within the relevant local planning authority’s statement of community involvement.

(2) Regulations may make provisions about requirements for consultation with and participation by the public to be complied with before proposals for a neighbourhood development order may be submitted to a local planning authority or fall to be considered by a local planning authority.”

Page 319, leave out line 1

Page 321, line 22, leave out “having regard to” and insert “the making of the order is compatible with”

Page 321, line 23, leave out “it is appropriate to make the order”

Page 321, line 32, leave out “general conformity with the strategic policies” and insert “conformity with the objectives and policies”.

Page 84, line 13, at end insert—

“( ) Within 6 months of the passing of this Act the Secretary of State shall publish a report on how he or she intends to promote the building of capacity among, the training and effective involvement of citizens at parish and community level, and how he or she intends to help them fund their activities.”

Page 90, line 26, leave out “4” and insert “5”.

Page 90, line 28, leave out “3” and insert “4”.

Leave out lines 40 to 46

Insert the following new Clause—

“Determination of appeals

Section 79 (determination of appeals) of the Town and Country Planning Act 1990 is amended as follows:

(a) In subsection 1, at the beginning insert “Subject to subsections (1A to (1C),”

(b) After subsection 1 insert—

“(1A) Subject to subsections (1B) and (1C), the Secretary of State may exercise his power under subsection (1) even if the proposed development contravenes materially the development plan relating to the area of the planning authority to whose decision the appeal relates.

(1B) Where the Secretary of State grants a permission in accordance with subsection (1A), he shall indicate in his decision the main reasons and considerations for contravening materially the development plan.

(1C) Where a planning authority has decided to refuse permission on the grounds that a proposed development materially contravenes the development plan, the Secretary of State may only grant planning permission at appeal in accordance with subsection (1A) where he is satisfied that one or more of the following applies—

(a) the proposed development is of strategic or national importance, or necessary in the interests of national security or foreign governments;

(b) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the proposed development is concerned;

(c) to refuse permission would substantially conflict with planning policies as a whole issued by the Secretary of State;

(d) permission for the proposed development should be granted having regard to the pattern of development, and permissions granted, in the area since the adoption of the development plan;

(e) to refuse permission would lead to the United Kingdom being in breach of any of its international obligations;

(f) to refuse permission would lead to the Secretary of State being in breach of any duty imposed on him by or under any enactment;

(g) to refuse permission would be unlawful by virtue of any enactment.

(c) In subsection (4), after “subject to”, leave out “subsection (2)” and insert “subsections (1A) to (2)”.”

Page 124, line 13, at end insert—

“( ) In section 190 for subsection (5) substitute—

“(5) The assessment under subsection (4) shall be carried out by a named officer or person appointed by the authority who will, so far as reasonably practicable, remains responsible for providing the applicant with advice and assistance under subsection (3), and for any notification or statement under subsection (7).

(5A) Any advice and assistance provided under subsection (3) 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 sources and location of such accommodation) and shall set out the steps which in the opinion of the authority are required to be taken in order to meet the applicant’s housing needs.

(5B) Any advice and assistance provided or offer of further assistance made in accordance with subsection (3) and the outcome of any assessment under subsection (4) shall be notified in writing to the applicant at the time when such assessment, provision or offer takes place or as soon as reasonably practicable thereafter.

(5C) A notification or statement under subsection (5B) 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 13, at end insert—

“(2B) In section 192 for subsection (5) substitute—

“(5) The assessment under subsection (4) shall be carried out by a named officer or person appointed by the authority who will, so far as reasonably practicable, remain responsible for providing the applicant with advice and assistance under subsection (2), and for any notification or statement under subsection (5C).

(5A) Where the authority have become subject to the duty to a person under subsection (2) they shall notify the applicant in writing of their decision, when such decision takes place or as soon as reasonably practicable thereafter, whether they intend to exercise their power to secure that accommodation for that person is available under subsection (3), and if they intend not to exercise that power they shall inform him of their reasons for declining to do so.

(5B) Any advice and assistance provided under subsection (3) 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 sources and location of such accommodation) and shall set out the steps which in the opinion of the authority are required to be taken in order to meet the applicant’s housing needs.

(5C) Any advice and assistance provided or offer of further assistance made in accordance with subsection (2) the outcome of any assessment under subsection (4) shall be notified in writing to the applicant at the time when such assessment, provision or offer takes place or as soon as reasonably practicable thereafter.

(5D) A notification or statement under subsections (5A) or (5C) shall inform the applicant of his right to seek independent advice in respect of the matters contained in that document.””

Insert the following new Clause—

“Establishing a Strategic Board

(1) The authority must establish a “London Housing and Regeneration Board”.

(2) The “London Housing and Regeneration Board” is to consist of such numbers (being not less than six) as the authority may from time to time appoint.

(3) The authority must appoint one of the members as the person with the function of chairing the London Housing and Regeneration Board.

(4) In appointing a person to be a member the authority—

(a) must have regard to the desirability of appointing a person who has experience of, and shown some capacity in, a matter relevant to the exercise of the functions set out in this Chapter,

(b) must be satisfied that the person will have no financial or other interest likely to affect prejudicially the exercise of the person’s functions as a member, and

(c) must ensure that an appropriate number of members on the Board are appointed representatives of London boroughs.

(5) In exercising its housing and regeneration functions and powers subsequent to the enactment of this Chapter the authority must consult and obtain agreement from the “London Housing and Regeneration Board.”