Localism Bill (HL Bill 71)

117 Pre-application consultation with local authorities

(1) Section 43 of the Planning Act 2008 (local authorities for the purposes of the
consultation requirements in section 42) is amended as follows.

(2) In subsection (2) (provision requiring consultation with local authorities that
5share a boundary with the local authority (“B”) in whose area the development
is to take place) before the “and” at the end of paragraph (a) insert—

“(aa) B is a unitary council or a lower-tier district council,”.

(3) After subsection (2) insert—

“(2A) If the land is in the area of an upper-tier county council (“C”), a local
10authority (“D”) is within this section if—

(a) D is not a lower-tier district council, and

(b) any part of the boundary of D’s area is also part of the boundary
of C’s area.”

(4) For subsection (3) (definition of local authority) substitute—

“(3) 15In this section—

• “local authority” means—

  (a)

  a county council, or district council, in England;

  (b)

  a London borough council;

  (c)

  the Common Council of the City of London;

  (d)

  20the Council of the Isles of Scilly;

  (e)

  a county council, or county borough council, in Wales;

  (f)

  a council constituted under section 2 of the Local
  Government etc (Scotland) Act 1994;

  (g)

  a National Park authority;

  (h)

  25the Broads Authority;

• “lower-tier district council” means a district council in England for
  an area for which there is a county council;

• “unitary council” means a local authority that is not an upper-tier
  county council, a lower-tier district council, a National Park
  30authority or the Broads Authority;

• “upper-tier county council” means a county council in England for
  each part of whose area there is a district council.”

118 Reform of duties to publicise community consultation statement

In section 47(6) of the Planning Act 2008 (duties of applicant for development
35consent to publicise the statement setting out how the applicant proposes to
consult the local community)—

(a) for “must publish it—” substitute “must—

(za) make the statement available for inspection by the
public in a way that is reasonably convenient for people
40living in the vicinity of the land,”,

(b) in paragraph (a) (duty to publish statement in local newspaper)—

(i) at the beginning insert “publish,”, and

(ii) after “land” insert “, a notice stating where and when the
statement can be inspected”, and

(c) in paragraph (b) (duty to publish statement in any other prescribed
manner) for “in such other manner” substitute “publish the statement
in such manner”.

119 Claimants of compensation for effects of development

(1) 5The Planning Act 2008 is amended as follows.

(2) In section 52(1) (obtaining information about interests in land) for “subsection
(2) applies” substitute “subsections (2) and (2A) apply”.

(3) In section 52 after subsection (2) insert—

“(2A) The Secretary of State may authorise the applicant to serve a notice on
10a person mentioned in subsection (3) requiring the person (“the
recipient”) to give to the applicant in writing the name and address of
any person the recipient believes is a person who, if the order sought by
the application or proposed application were to be made and fully
implemented, would or might be entitled—

(a) 15as a result of the implementing of the order,

(b) as a result of the order having been implemented, or

(c) as a result of the use of the land once the order has been
implemented,

to make a relevant claim.”

(4) 20In section 52(4), (6) and (7) after “subsection (2)” insert “or (2A)”.

(5) In section 52 after subsection (5) insert—

“(5A) A notice under subsection (2A) must explain the circumstances in
which a person would or might be entitled as mentioned in that
subsection.”

(6) 25In section 52(10) for “(2) and (3)” substitute “(2) to (3)”.

(7) In section 52 after subsection (11) insert—

“(12) In subsection (3) as it applies for the purposes of subsection (2A) “the
land” also includes any relevant affected land (see subsection (13)).

(13) Where the applicant believes that, if the order sought by the application
30or proposed application were to be made and fully implemented, there
would or might be persons entitled—

(a) as a result of the implementing of the order,

(b) as a result of the order having been implemented, or

(c) as a result of the use of the land once the order has been
35implemented,

to make a relevant claim in respect of any land or in respect of an
interest in any land, that land is “relevant affected land” for the
purposes of subsection (12).

(14) In this section “relevant claim” means—

(a) 40a claim under section 10 of the Compulsory Purchase Act 1965
(compensation where satisfaction not made for compulsory
purchase of land or not made for injurious affection resulting
from compulsory purchase);

(b) a claim under Part 1 of the Land Compensation Act 1973
(compensation for depreciation of land value by physical
factors caused by use of public works);

(c) a claim under section 152(3).”

(8) 5In section 44(6) (meaning of “relevant claim” in section 44(4)) after paragraph
(b) insert “;

(c) a claim under section 152(3).”

(9) In section 57(6) (meaning of “relevant claim” in section 57(4)) after paragraph
(b) insert “;

(c) 10a claim under section 152(3).”

(10) In Schedule 12 (application of Act to Scotland: modifications) in paragraph 6
(application of section 52) after sub-paragraph (c) insert—

(d) in subsection (14) for paragraph (a) there were substituted—

“(a) a claim arising by virtue of paragraph 1 of the Second
15Schedule to the Acquisition of Land (Authorisation
Procedure) (Scotland) Act 1947 (c. 42)1947 (c. 42);”, and

(e) in subsection (14)(b) the reference to Part 1 of the Land Compensation
Act 1973 were a reference to Part 1 of the Land Compensation
(Scotland) Act 1973.”

120 20Rights of entry for surveying etc in connection with applications

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

(2) In section 53(1) (person may be authorised to enter land for the purpose of
surveying and taking levels of it) after “taking levels of it” insert “, or in order
to facilitate compliance with the provisions mentioned in subsection (1A),”.

(3) 25In section 53 after subsection (1) insert—

“(1A) Those provisions are any provision of or made under an Act for the
purpose of implementing—

(a) Council Directive 85/337/EEC of 27 June 1985 on the
assessment of the effects of certain public and private projects
30on the environment, as amended from time to time,

(b) Council Directive 92/43/EC of 21 May 1992 on the conservation
of natural habitats and of wild fauna and flora, as amended
from time to time, or

(c) any EU instrument from time to time replacing all or any part of
35either of those Directives.”

(4) Omit section 53(2)(b) and (c) (until proposed application is made, entry for
surveying may be authorised only if compulsory acquisition may be involved
and section 42 has been complied with).

(5) In section 53 after subsection (3) insert—

“(3A) 40Power conferred by subsection (1) for the purpose of complying with
the provisions mentioned in subsection (1A) includes power to take,
and process, samples of or from any of the following found on, in or
over the land—

(a) water,

(b) 45air,

(c) soil or rock,

(d) its flora,

(e) bodily excretions, or dead bodies, of non-human creatures, or

(f) any non-living thing present as a result of human action.”

(6) 5In section 54(1) (application of section 53(1) to (3) to Crown land) for “to (3)”
substitute “to (3A)”.

(7) In paragraph 7 of Schedule 12 (modifications of section 53 for the purposes of
its application to Scotland) before sub-paragraph (a) insert—

“(za) in subsection (1A), the reference to an Act included an Act of
10the Scottish Parliament,”.

121 Procedural changes relating to applications for development consent

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

(2) In section 56(2) (persons to be notified of the acceptance of an application for
an order granting development consent) for paragraph (b) (relevant local
15authorities under section 102(5)) substitute—

“(b) each local authority that is within section 56A,”.

(3) After section 56 insert—

“56A Local authorities for the purposes of sections 56(2)(b) and 60(2)(a)

(1) A local authority is within this section if the land is in the authority’s
20area.

(2) A local authority (“A”) is within this section if—

(a) the land is in the area of another local authority (“B”),

(b) B is a unitary council or a lower-tier district council, and

(c) any part of the boundary of A’s area is also a part of the
25boundary of B’s area.

(3) If the land is in the area of an upper-tier county council (“C”), a local
authority (“D”) is within this section if—

(a) D is not a lower-tier district council, and

(b) any part of the boundary of D’s area is also part of the boundary
30of C’s area.

(4) In this section—

• “the land” means the land to which the application concerned
  relates or any part of that land;

• “local authority” has the meaning given in section 102(8);

• 35“lower-tier district council” means a district council in England for
  an area for which there is a county council;

• “unitary council” means a local authority that is not an upper-tier
  county council, a lower-tier district council, a National Park
  authority or the Broads Authority;

• 40“upper-tier county council” means a county council in England for
  each part of whose area there is a district council.”

(4) In section 60(2) (persons who the Commission must invite to submit local
impact reports) for paragraph (a) (relevant local authorities under section

102(5)) substitute—

“(a) each local authority that is within section 56A, and”.

(5) In section 88 (initial assessment of issues, and preliminary meeting)—

(a) in subsection (3) (persons who must be invited to preliminary meeting)
5omit the “and” at the end of paragraph (a),

(b) in that subsection after paragraph (b) insert—

“(c) each statutory party, and

(d) each local authority that is within section 88A,”, and

(c) after that subsection insert—

“(3A) 10In subsection (3)(c) “statutory party” means a person specified
in, or of a description specified in, regulations made by the
Secretary of State.”

(6) After section 88 insert—

“88A Local authorities for the purposes of section 88(3)(d)

(1) 15A local authority (“A”) is within this section if—

(a) the land is in the area of another local authority (“B”),

(b) B is a unitary council or a lower-tier district council, and

(c) any part of the boundary of A’s area is also a part of the
boundary of B’s area.

(2) 20If the land is in the area of an upper-tier county council (“C”), a local
authority (“D”) is within this section if—

(a) D is not a lower-tier district council, and

(b) any part of the boundary of D’s area is also part of the boundary
of C’s area.

(3) 25In this section—

• “the land” means the land to which the application relates or any
  part of that land;

• “local authority” has the meaning given in section 102(8);

• “lower-tier district council” means a district council in England for
  30an area for which there is a county council;

• “unitary council” means a local authority that is not an upper-tier
  county council, a lower-tier district council, a National Park
  authority or the Broads Authority;

• “upper-tier county council” means a county council in England for
  35each part of whose area there is a district council.”

(7) In section 89 (Examining authority’s decisions about how application is to be
examined and the notification of those decisions to parties) after subsection (2)
insert—

“(2A) Upon making the decisions required by subsection (1), the Examining
40authority must inform each person mentioned in section 88(3)(c) and
(d)—

(a) of those decisions, and

(b) that the person may notify the Examining authority in writing
that the person is to become an interested party.”

(8) In section 102 (interpretation of Chapter 4: “interested party” and other
expressions)—

(a) in subsection (1) for paragraph (b) (statutory party is interested party)
substitute—

“(aa) 5the person has been notified of the acceptance of the
application in accordance with section 56(2)(d),

(ab) the Examining authority has under section 102A
decided that it considers that the person is within one or
more of the categories set out in section 102B,”,

(b) 10in subsection (1) for paragraph (c) (relevant local authority is interested
party) insert—

“(c) the person is a local authority in whose area the land is
located,

(ca) the person—

(i) 15is mentioned in section 88(3)(c) or (d), and

(ii) has notified the Examining authority as
mentioned in section 89(2A)(b),”,

(c) after subsection (1) (definition of interested party) insert—

“(1ZA) But a person ceases to be an “interested party” for the purposes
20of this Chapter upon notifying the Examining authority in
writing that the person no longer wishes to be an interested
party.”,

(d) omit subsection (3) (definition of statutory party),

(e) omit subsections (5) to (7) (which further define the local authorities
25that are relevant local authorities), and

(f) in subsection (8) (definition of local authority) for “subsections (5) to
(7)” substitute “subsection (1)(c)”.

(9) After section 102 insert—

“102A Persons in certain categories may ask to become interested parties etc

(1) 30Subsection (2) applies if—

(a) a person makes a request to the Examining authority to become
an interested party,

(b) the request states that the person claims to be within one or
more of the categories set out in section 102B,

(c) 35the person has not been notified of the acceptance of the
application in accordance with section 56(2)(d), and

(d) the applicant has issued a certificate under section 58 in relation
to the application.

(2) The Examining authority must decide whether it considers that the
40person is within one or more of the categories set out in section 102B.

(3) If the Examining authority decides that it considers that the person is
within one or more of the categories set out in section 102B, the
Examining authority must notify the person, and the applicant, that the
person has become an interested party under section 102(1)(ab).

(4) 45If the Examining authority thinks that a person might successfully
make a request mentioned in subsection (1)(a), the Examining authority
may inform the person about becoming an interested party under
section 102(1)(ab).

But the Examining authority is under no obligation to make enquiries
50in order to discover persons who might make such a request.

102B Categories for the purposes of section 102A

(1) A person is within Category 1 if the person is an owner, lessee, tenant
(whatever the tenancy period) or occupier of the land.

(2) A person is within Category 2 if the person—

(a) 55is interested in the land, or

(b) has power—

(i) to sell and convey the land, or

(ii) to release the land.

(3) An expression, other than “the land”, that appears in subsection (2) of
60this section and also in section 5(1) of the Compulsory Purchase Act
1965 has in subsection (2) the meaning that it has in section 5(1) of that
Act.

(4) A person is within Category 3 if, should the order sought by the
application be made and fully implemented, the person would or
65might be entitled—

(a) as a result of the implementing of the order,

(b) as a result of the order having been implemented, or

(c) as a result of use of the land once the order has been
implemented,

70to make a relevant claim.

(5) In subsection (4) “relevant claim” means—

(a) a claim under section 10 of the Compulsory Purchase Act 1965
(compensation where satisfaction not made for the taking, or
injurious affection, of land subject to compulsory purchase);

(b) 75a claim under Part 1 of the Land Compensation Act 1973
(compensation for depreciation of land value by physical
factors caused by use of public works);

(c) a claim under section 152(3).

(6) In this section “the land” means the land to which the application
80relates or any part of that land.”

(10) In Schedule 12 (application of Act to Scotland: modifications) after paragraph
9 insert—

“9A Section 102B applies as if—

(a) in subsection (2)(b), the words from “or” to the end were
85omitted,

(b) in subsection (3), references to section 5(1) of the Compulsory
Purchase Act 1965 were references to section 17 of the Lands
Clauses Consolidation (Scotland) Act 1845, and

(c) in subsection (5)—

(i) 90for paragraph (a) there were substituted—

(a) a claim arising by virtue of paragraph 1 of the
Second Schedule to the Acquisition of Land
(Authorisation Procedure) (Scotland) Act
1947”; and

(ii) in paragraph (b), the reference to Part 1 of the Land
Compensation Act 1973 were a reference to Part 1 of
the Land Compensation (Scotland) Act 1973.”

122 Development consent subject to requirement for further approval

5In section 120(2) of the Planning Act 2008 (provision relating to requirements
that may be included in order granting development consent)—

(a) after “in particular include” insert “—

(a)”, and

(b) after “development” insert “;

(b) 10requirements to obtain the approval of the Secretary of
State or any other person, so far as not within paragraph
(a)”.

123 Changes to notice requirements for compulsory acquisition

(1) Section 134 of the Planning Act 2008 (notice of authorisation of compulsory
15acquisition) is amended as follows.

(2) In subsection (3) (steps the prospective purchaser must take after order
granting development consent is made that includes provision authorising
compulsory acquisition)—

(a) before paragraph (a) insert—

“(za) 20make a copy of the order available, at a place in the
vicinity of the land, for inspection by the public at all
reasonable hours,”, and

(b) in paragraph (a) omit “and a copy of the order”.

(3) In subsection (7) (contents of a compulsory acquisition notice) before the “and”
25at the end of paragraph (c) insert—

“(ca) stating where and when a copy of the order is available for
inspection in accordance with subsection (3)(za),”.

(4) Omit subsection (8) (compulsory acquisition notice affixed to object on or near
the order land to say where order granting development consent can be
30inspected).

CHAPTER 7 Other planning matters

124 Applications for planning permission: local finance considerations

(1) Section 70 of the Town and Country Planning Act 1990 (determination of
applications for planning permission: general considerations) is amended as
35follows.

(2) In subsection (2) (local planning authority to have regard to material
considerations in dealing with applications) for the words from “to the
provisions” to the end substitute “to—

(a) the provisions of the development plan, so far as material to the
40application,

(b) any local finance considerations, so far as material to the
application, and

(c) any other material considerations.”

(3) After subsection (2) insert—

“(2A) 5Subsection (2)(b) does not apply in relation to Wales.”

(4) After subsection (3) insert—

“(4) In this section—

• “local finance consideration” means—

  (a)

  a grant or other financial assistance that has been, or will
  10or could be, provided to a relevant authority by a
  Minister of the Crown, or

  (b)

  sums that a relevant authority has received, or will or
  could receive, in payment of Community Infrastructure
  Levy;

• 15“Minister of the Crown” has the same meaning as in the Ministers
  of the Crown Act 1975;

• “relevant authority” means—

  (a)

  a district council;

  (b)

  a county council in England;

  (c)

  20the Mayor of London;

  (d)

  the council of a London borough;

  (e)

  a Mayoral development corporation;

  (f)

  an urban development corporation;

  (g)

  a housing action trust;

  (h)

  25the Council of the Isles of Scilly;

  (i)

  the Broads Authority;

  (j)

  a National Park authority in England;

  (k)

  the Homes and Communities Agency; or

  (l)

  a joint committee established under section 29 of the
  30Planning and Compulsory Purchase Act 2004.”

125 Application of this Part to the Crown

An amendment made by this Part in—

(a) the Town and Country Planning Act 1990,

(b) the Planning (Listed Buildings and Conservation Areas) Act 1990,

(c) 35the Planning and Compulsory Purchase Act 2004, or

(d) the Planning Act 2008,

binds the Crown.

Part 6 Housing

CHAPTER 1 Allocation and homelessness

Allocation

126 5Allocation of housing accommodation