Localism Bill (HL Bill 71)

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(4) CIL regulations may make provision about the persons to whom CIL
may or must, or may not, be passed in discharge of a duty under
subsection (1).

(5) A duty under subsection (1) may relate—

(a) 5to all CIL (if any) received in respect of the area to which the
duty relates, or

(b) such part of that CIL as is specified in, or determined under or
in accordance with, CIL regulations.

(6) CIL regulations may make provision in connection with the timing of
10payments in discharge of a duty under subsection (1).

(7) CIL regulations may, in relation to CIL passed to a person in discharge
of a duty under subsection (1), make provision about—

(a) accounting for the CIL,

(b) monitoring its use,

(c) 15reporting on its use,

(d) responsibilities of charging authorities for things done by the
person in connection with the CIL,

(e) recovery of the CIL, and any income or profits accruing in
respect of it or from its application, in cases where—

(i) 20infrastructure to be funded by it has not been provided,
or

(ii) it has been misapplied,

including recovery of sums or other assets representing it or any
such income or profits, and

(f) 25use of anything recovered in cases where—

(i) infrastructure to be funded by the CIL has not been
provided, or

(ii) the CIL has been misapplied.

(8) This section does not limit section 216(7)(f).

CHAPTER 3 30Neighbourhood planning

101 Neighbourhood planning

(1) Schedule 9 (which makes provision about neighbourhood development orders
and neighbourhood development plans) has effect.

(2) After Schedule 4A to the Town and Country Planning Act 1990 insert the
35Schedule 4B set out in Schedule 10 to this Act.

(3) After the inserted Schedule 4B to that Act insert the Schedule 4C set out in
Schedule 11 to this Act.

102 Charges for meeting costs relating to neighbourhood planning

(1) The Secretary of State may with the consent of the Treasury make regulations
40providing for the imposition of charges for the purpose of meeting expenses

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incurred (or expected to be incurred) by local planning authorities in, or in
connection with, the exercise of their neighbourhood planning functions.

(2) A local planning authority’s “neighbourhood planning functions” are any of
their functions exercisable under any provision made by or under—

(a) 5any of sections 61E to 61P of, or Schedule 4B or 4C to, the Town and
Country Planning Act 1990 (neighbourhood development orders),

(b) any of sections 38A to 38C of the Planning and Compulsory Purchase
Act 2004 (neighbourhood development plans), or

(c) this section.

(3) 10The regulations must secure—

(a) that the charges are payable in relation to development for which
planning permission is granted by a neighbourhood development
order made under section 61E of the Town and Country Planning Act
1990,

(b) 15that the charges become payable when the development is commenced
(determined in accordance with the regulations), and

(c) that the charges are payable to local planning authorities.

(4) The regulations may authorise local planning authorities to set the amount of
charges imposed by the regulations; and, if so, the regulations may—

(a) 20provide for the charges not to be payable at any time unless at that time
a document (a “charging document”) has been published by the
authority setting out the amounts chargeable under the regulations in
relation to development in their area,

(b) make provision about the approval and publication of a charging
25document,

(c) prescribe matters to which the authorities must have regard in setting
the charges,

(d) require the authorities, in setting the charges, to disregard such
expenditure expected to be incurred as mentioned in subsection (1) as
30falls within a description prescribed by the regulations,

(e) authorise the authorities to set different charges for different cases,
circumstances or areas (either generally or only to the extent specified
in the regulations), and

(f) authorise the authorities to make exceptions (either generally or only to
35the extent specified in the regulations).

(5) The regulations must make provision about liability to pay a charge imposed
by the regulations.

(6) The regulations may make provision—

(a) enabling any person to assume (in accordance with any procedural
40provision made by the regulations) the liability to pay a charge
imposed by the regulations before it becomes payable,

(b) about assumption of partial liability,

(c) about the withdrawal of assumption of liability,

(d) about the cancellation by a local planning authority of assumption of
45liability,

(e) for the owner or developer of land to be liable to pay the charge in cases
prescribed by the regulations,

(f) about joint liability (with or without several liability),

(g) about liability of partnerships,

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(h) about apportionment of liability, including provision for referral to a
specified body or other person for determination and provision for
appeals, and

(i) about transfer of liability (whether before or after the charge becomes
5due and whether or not liability has been assumed).

(7) In subsection (6)(e)

(a) “owner” of land means a person who owns an interest in land, and

(b) “developer” means a person who is wholly or partly responsible for
carrying out a development.

(8) 10The provision for appeals that may be made as a result of subsection (6)(h)
includes provision about—

(a) the period within which the right of appeal may be exercised,

(b) the procedure on appeals, and

(c) the payment of fees, and award of costs, in relation to appeals
15(including provision requiring local planning authorities to bear
expenses incurred in connection with appeals).

103 Regulations under section 102: collection and enforcement

(1) Regulations under section 102 must include provision about the collection of
charges imposed by the regulations.

(2) 20The regulations may make provision—

(a) for payment on account or by instalments,

(b) about repayment (with or without interest) in cases of overpayment,
and

(c) about the source of payments in respect of a Crown interest or Duchy
25interest (within the meaning of section 227(3) or (4) of the Planning Act
2008).

(3) Regulations under section 102 must include provision about enforcement of
charges imposed by the regulations; and that provision must include
provision—

(a) 30for a charge (or other amount payable under the regulations) to be
treated as a civil debt due to a local planning authority, and

(b) for the debt to be recoverable summarily.

(4) The regulations may make provision—

(a) about the consequences of failure to assume liability, to give a notice or
35to comply with another procedure under the regulations,

(b) for the payment of interest (at a rate specified in, or determined in
accordance with, the regulations),

(c) for the imposition of a penalty or surcharge (of an amount specified in,
or determined in accordance with, the regulations),

(d) 40replicating or applying (with or without modifications) any provision
made by any of sections 324 to 325A of the Town and Country Planning
Act 1990 (rights of entry), and

(e) for enforcement in the case of death or insolvency of a person liable for
the charge.

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104 Regulations under section 102: supplementary

(1) Regulations under section 102 may make provision about procedures to be
followed in connection with charges imposed by the regulations.

(2) The regulations may make provision about—

(a) 5procedures to be followed by a local planning authority proposing to
start or stop imposing a charge,

(b) procedures to be followed by a local planning authority in relation to
the imposition of a charge,

(c) the arrangements of a local planning authority for the making of any
10decision prescribed by the regulations,

(d) consultation,

(e) the publication or other treatment of reports,

(f) timing and methods of publication,

(g) making documents available for inspection,

(h) 15providing copies of documents (with or without charge),

(i) the form and content of documents,

(j) giving notice,

(k) serving notices or other documents, and

(l) procedures to be followed in connection with actual or potential
20liability for a charge.

(3) Provision made by the regulations as a result of subsection (2)(c) is to have
effect despite provision made by any enactment as to the arrangements of a
local planning authority for the exercise of their functions (such as section 101
of the Local Government Act 1972 or section 13 of the Local Government Act
252000).

(4) Regulations under section 102 may make provision binding the Crown.

(5) Regulations under section 102 may make—

(a) provision applying any enactment (with or without modifications), and

(b) provision for exceptions.

(6) 30A local planning authority must have regard to any guidance issued by the
Secretary of State in the exercise of any of their functions under regulations
under section 102.

(7) For the purposes of sections 102 and 103 and this section “local planning
authority” means an authority that have made or have power to make—

(a) 35a neighbourhood development order under section 61E of the Town
and Country Planning Act 1990, or

(b) a neighbourhood development plan under section 38A of the Planning
and Compulsory Purchase Act 2004.

(8) Nothing in section 102, 103 or this section that authorises the inclusion of any
40particular kind of provision in regulations under section 102 is to be read as
restricting the generality of the provision that may be included in the
regulations.

105 Financial assistance in relation to neighbourhood planning

(1) The Secretary of State may do anything that the Secretary of State considers
45appropriate—

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(a) for the purpose of publicising or promoting the making of
neighbourhood development orders or neighbourhood development
plans and the benefits expected to arise from their making, or

(b) for the purpose of giving advice or assistance to anyone in relation to
5the making of proposals for such orders or plans or the doing of
anything else for the purposes of, or in connection with, such proposals
or such orders or plans.

(2) The things that the Secretary of State may do under this section include, in
particular—

(a) 10the provision of financial assistance (or the making of arrangements for
its provision) to any body or other person, and

(b) the making of agreements or other arrangements with any body or
other person (under which payments may be made to the person).

(3) In this section—

(a) 15the reference to giving advice or assistance includes providing training
or education,

(b) any reference to the provision of financial assistance is to the provision
of financial assistance by any means (including the making of a loan
and the giving of a guarantee or indemnity),

(c) 20any reference to a neighbourhood development order is to a
neighbourhood development order under section 61E of the Town and
Country Planning Act 1990, and

(d) any reference to a neighbourhood development plan is to a
neighbourhood development plan under section 38A of the Planning
25and Compulsory Purchase Act 2004.

106 Consequential amendments

Schedule 12 (neighbourhood planning: consequential amendments) has effect.

CHAPTER 4 Consultation

107 Consultation before applying for planning permission

(1) 30In the Town and Country Planning Act 1990, before section 62 (and before the
italic heading which precedes that section) insert—

Consultation before applying for planning permission
61W Requirement to carry out pre-application consultation

(1) Where—

(a) 35a person proposes to make an application for planning
permission for the development of any land in England, and

(b) the proposed development is of a description specified in a
development order,

the person must carry out consultation on the proposed application in
40accordance with subsections (2) and (3).

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(2) The person must publicise the proposed application in such manner as
the person reasonably considers is likely to bring the proposed
application to the attention of a majority of the persons who live at, or
otherwise occupy, premises in the vicinity of the land.

(3) 5The person must consult each specified person about the proposed
application.

(4) Publicity under subsection (2) must—

(a) set out how the person (“P”) may be contacted by persons
wishing to comment on, or collaborate with P on the design of,
10the proposed development, and

(b) give such information about the proposed timetable for the
consultation as is sufficient to ensure that persons wishing to
comment on the proposed development may do so in good
time.

(5) 15In subsection (3) “specified person” means a person specified in, or of a
description specified in, a development order.

(6) Subsection (1) does not apply—

(a) if the proposed application is an application under section
293A, or

(b) 20in cases specified in a development order.

(7) A person subject to the duty imposed by subsection (1) must, in
complying with that subsection, have regard to the advice (if any) given
by the local planning authority about local good practice.

61X Duty to take account of responses to consultation

(1) 25Subsection (2) applies where a person—

(a) has been required by section 61W(1) to carry out consultation
on a proposed application for planning permission, and

(b) proposes to go ahead with making an application for planning
permission (whether or not in the same terms as the proposed
30application).

(2) The person must, when deciding whether the application that the
person is actually to make should be in the same terms as the proposed
application, have regard to any responses to the consultation that the
person has received.

61Y 35Power to make supplementary provision

(1) A development order may make provision about, or in connection
with, consultation which section 61W(1) requires a person to carry out
on a proposed application for planning permission.

(2) The provision that may be made under subsection (1) includes (in
40particular)—

(a) provision about, or in connection with, publicising the
proposed application;

(b) provision about, or in connection with, the ways of responding
to the publicity;

(c) 45provision about, or in connection with, consultation under
section 61W(3);

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(d) provision about, or in connection with, collaboration between
the person and others on the design of the proposed
development;

(e) provision as to the timetable (including deadlines) for—

(i) 5compliance with section 61W(1),

(ii) responding to publicity under section 61W(2), or

(iii) responding to consultation under section 61W(3);

(f) provision for the person to prepare a statement setting out how
the person proposes to comply with section 61W(1);

(g) 10provision for the person to comply with section 61W(1) in
accordance with a statement required by provision under
paragraph (f).

(a)(a)provision about, or in connection with, publicising the
proposed application;

(b) 15provision about, or in connection with, the ways of responding
to the publicity;

(c) provision about, or in connection with, consultation under
section 61W(3);

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(d) provision about, or in connection with, collaboration between
the person and others on the design of the proposed
development;

(e) provision as to the timetable (including deadlines) for—

(i) 5compliance with section 61W(1),

(ii) responding to publicity under section 61W(2), or

(iii) responding to consultation under section 61W(3);

(f) provision for the person to prepare a statement setting out how
the person proposes to comply with section 61W(1);

(g) 10provision for the person to comply with section 61W(1) in
accordance with a statement required by provision under
paragraph (f).

(3) Provision under subsection (1) may be different for different cases.

(2) In section 62 of the Town and Country Planning Act 1990 (applications for
15planning permission) after subsection (6) insert—

(7) In subsection (8) “a relevant application” means the application for
planning permission in a case where a person—

(a) has been required by section 61W(1) to carry out consultation
on a proposed application for planning permission, and

(b) 20is going ahead with making an application for planning
permission (whether or not in the same terms as the proposed
application).

(8) A development order must require that a relevant application be
accompanied by particulars of—

(a) 25how the person complied with section 61W(1),

(b) any responses to the consultation that were received by the
person, and

(c) the account taken of those responses.

(3) The amendments made by subsections (1) and (2) cease to have effect at the end
30of 7 years beginning with the day on which the inserted section 61W(1) comes
fully into force, but this is subject to subsection (4).

(4) The Secretary of State may by order provide that the amendments are, instead
of ceasing to have effect at the time they would otherwise cease to have effect,
to cease to have effect at the end of a period of not more than 7 years from that
35time.

CHAPTER 5 Enforcement

108 Retrospective planning permission

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

(2) After section 70B insert—

70C 40Power to decline to determine retrospective application

A local planning authority in England may decline to determine an
application for planning permission for the development of any land if

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granting planning permission for the development would involve
granting, whether in relation to the whole or any part of the land to
which an enforcement notice relates, planning permission in respect of
the whole or any part of the matters specified in the enforcement notice
5as constituting a breach of planning control.

(3) In section 78(2)(aa) (which refers to an authority not having given notice that it
has exercised its power under section 70A or 70B to decline to determine an
application) after “or 70B” insert “or 70C”.

(4) In section 174 (appeal against enforcement notice) after subsection (2) insert—

(2A) 10An appeal may not be brought on the ground specified in subsection
(2)(a) if—

(a) the land to which the enforcement notice relates is in England,
and

(b) the enforcement notice was issued at a time—

(i) 15after the making of a related application for planning
permission, but

(ii) before the end of the period applicable under section
78(2) in the case of that application.

(2B) An application for planning permission for the development of any
20land is, for the purposes of subsection (2A), related to an enforcement
notice if granting planning permission for the development would
involve granting planning permission in respect of the matters
specified in the enforcement notice as constituting a breach of planning
control.

(5) 25In section 177 (grant or modification of planning permission on appeals against
enforcement notice) after subsection (1B) insert—

(1C) If the land to which the enforcement notice relates is in England,
subsection (1)(a) applies only if the statement under section 174(4)
specifies the ground mentioned in section 174(2)(a).

(6) 30In section 177(5) (deemed application for planning permission where appeal
brought against enforcement notice) for the words from the beginning to “the
appellant” substitute—

Where an appeal against an enforcement notice is brought under
section 174 and—

(a) 35the land to which the enforcement notice relates is in Wales, or

(b) that land is in England and the statement under section 174(4)
specifies the ground mentioned in section 174(2)(a),

the appellant.

109 Time limits for enforcing concealed breaches of planning control

(1) 40In the Town and Country Planning Act 1990 after section 171B insert—

171BA Time limits in cases involving concealment

(1) Where it appears to the local planning authority that there may have
been a breach of planning control in respect of any land in England, the
authority may apply to a magistrates’ court for an order under this

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subsection (a “planning enforcement order”) in relation to that
apparent breach of planning control.

(2) If a magistrates’ court makes a planning enforcement order in relation
to an apparent breach of planning control, the local planning authority
5may take enforcement action in respect of—

(a) the apparent breach, or

(b) any of the matters constituting the apparent breach,

at any time in the enforcement year.

(3) “The enforcement year” for a planning enforcement order is the year
10that begins at the end of 22 days beginning with the day on which the
court’s decision to make the order is given, but this is subject to
subsection (4).

(4) If an application under section 111(1) of the Magistrates’ Courts Act
1980 (statement of case for opinion of High Court) is made in respect of
15a planning enforcement order, the enforcement year for the order is the
year beginning with the day on which the proceedings arising from
that application are finally determined or withdrawn.

(5) Subsection (2)—

(a) applies whether or not the time limits under section 171B have
20expired, and

(b) does not prevent the taking of enforcement action after the end
of the enforcement year but within those time limits.

171BB Planning enforcement orders: procedure

(1) An application for a planning enforcement order in relation to an
25apparent breach of planning control may be made within the 6 months
beginning with the date on which evidence of the apparent breach of
planning control sufficient in the opinion of the local planning
authority to justify the application came to the authority’s knowledge.

(2) For the purposes of subsection (1), a certificate—

(a) 30signed on behalf of the local planning authority, and

(b) stating the date on which evidence sufficient in the authority’s
opinion to justify the application came to the authority’s
knowledge,

is conclusive evidence of that fact.

(3) 35A certificate stating that matter and purporting to be so signed is to be
deemed to be so signed unless the contrary is proved.

(4) Where the local planning authority apply to a magistrates’ court for a
planning enforcement order in relation to an apparent breach of
planning control in respect of any land, the authority must serve a copy
40of the application—

(a) on the owner and on the occupier of the land, and

(b) on any other person having an interest in the land that is an
interest which, in the opinion of the authority, would be
materially affected by the taking of enforcement action in
45respect of the apparent breach.