Localism Bill (HL Bill 71)

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(b) the right under Chapter 1 of Part 1 of the Leasehold
Reform, Housing and Urban Development Act 1993
(collective enfranchisement in case of tenants of flats), and

(c) the right under section 180 of the Housing and
5Regeneration Act 2008 (right to acquire social housing).

(3) The regulations may—

(a) confer discretionary powers on the Secretary of State, a
community organisation or any other specified person,
and

(b) 10require notice to be given in any case where, as a result of
the regulations, an enfranchisement right is not exercisable
or is exercisable subject to modifications.

Different provision made by regulations for community right to build orders

12 (1) The provision that may be made by regulations under any
15provision of this Act relating to neighbourhood development
orders includes different provision in relation to community right
to build orders.

(2) Sub-paragraph (1) is not to be read as limiting in any way the
generality of section 333(2A) (which provides that regulations
20may make different provision for different purposes).

Section 106

SCHEDULE 12 Neighbourhood planning: consequential amendments

Town and Country Planning Act 1990

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

2 25In section 56(3) (time when development begun)—

(a) after “sections” insert “61K(5) and (7),”, and

(b) for “and 94” substitute “, 94 and 108(3E)(c)(i)”.

3 In section 57(3) (extent of permission granted by development order), for “or
a local development order” substitute “, a local development order or a
30neighbourhood development order”.

4 In section 58(1)(a) (grant of planning permission by development order), for
“or a local development order” substitute “, a local development order or a
neighbourhood development order”.

5 In section 62 (applications for planning permission), after subsection (2)
35insert—

(2A) In subsections (1) and (2) references to applications for planning
permission include references to applications for approval under
section 61K(2).

6 In section 65 (notice etc of applications for planning permission), after

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subsection (3) insert—

(3A) In subsections (1) and (3) references to any application for planning
permission or any applicant for such permission include references
to any application for approval under section 61K(2) or any applicant
5for such approval.

7 (1) Section 69 (register of applications etc) is amended as follows.

(2) In subsection (1), after paragraph (c) insert—

(ca) neighbourhood planning matters;.

(3) In subsection (2)(b), after “order” insert “, neighbourhood planning matter”.

(4) 10After subsection (2) insert—

(2A) For the purposes of subsections (1) and (2) “neighbourhood planning
matters” means—

(a) neighbourhood development orders;

(b) neighbourhood development plans (made under section 38A
15of the Planning and Compulsory Purchase Act 2004); and

(c) proposals for such orders or plans.

8 (1) Section 71 (consultations in connection with determinations under s.70) is
amended as follows.

(2) After subsection (2) insert—

(2ZA) 20In subsections (1) and (2) references to an application for planning
permission include references to an application for approval under
section 61K(2).

(3) After subsection (3) insert—

(3A) Subsection (3) does not apply in relation to planning permission
25granted by a neighbourhood development order.

9 In section 74 (directions etc as to method of dealing with applications), after
subsection (1) insert—

(1ZA) In subsection (1)—

(a) in paragraph (c) the reference to planning permission for any
30development includes a reference to an approval under
section 61K(2), and

(b) in paragraph (f) references to applications for planning
permission include references to applications for approvals
under section 61K(2).

10 35In section 77(1) (certain applications to be referred to the Secretary of State),
for “or a local development order” substitute “, a local development order or
a neighbourhood development order”.

11 In section 78(1)(c) (right of appeal in relation to certain planning directions),
for “or a local development order” substitute “, a local development order or
40a neighbourhood development order”.

12 In section 88(9) (grant of planning permission in enterprise zone), for “or a
local development order” substitute “, a local development order or a
neighbourhood development order”.

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13 In section 91(4)(a) (no limit to duration of planning permission granted by
development order), for “or a local development order” substitute “, a local
development order or a neighbourhood development order”.

14 In section 94(1) (termination of planning permission by reference to time
5limit: completion notices), at the end of paragraph (c) insert , or

(d) a planning permission under a neighbourhood development
order is subject to a condition that the development to which
the permission relates must be begun before the expiration of
a particular period, that development has been begun within
10that period, but that period has elapsed without the
development having been completed.

15 (1) Section 108 (compensation for refusal or conditional grant of planning
permission formerly granted by development order or local development
order) is amended as follows.

(2) 15In subsection (1)—

(a) in paragraph (a), for “or a local development order” substitute “, a
local development order or a neighbourhood development order”,
and

(b) in the words after paragraph (b), for “or a local development order”
20substitute “, the local development order or the neighbourhood
development order”.

(3) In subsection (2), for “or a local development order” substitute “, a local
development order or a neighbourhood development order”.

(4) In subsection (3B), at the end insert—

(c) 25in the case of planning permission granted by a
neighbourhood development order, the condition in
subsection (3E) is met.

(5) After subsection (3D) insert—

(3E) The condition referred to in subsection (3B)(c) is that—

(a) 30the planning permission is withdrawn by the revocation of
the neighbourhood development order,

(b) notice of the revocation was published in the prescribed
manner not less than 12 months or more than the prescribed
period before the revocation took effect, and

(c) 35either—

(i) the development authorised by the neighbourhood
development order had not begun before the notice
was published, or

(ii) section 61K(7) applies in relation to the
40development.

(6) In the title, for “or a local development order” substitute “, local
development order or neighbourhood development order
”.

16 In section 109(6) (apportionment of compensation for depreciation), in the
definition of “relevant planning permission”, for “or a local development
45order” substitute “, the local development order or the neighbourhood
development order”.

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17 In section 171H(1)(a) (temporary stop notice: compensation), for “a
development order or local development order” substitute “by a
development order, a local development order or a neighbourhood
development order”.

18 5In section 197 (planning permission to include appropriate provision for
preservation and planting of trees), at the end insert—

Nothing in this section applies in relation to neighbourhood
development orders.

19 In section 253(2)(c) (cases in which certain procedures may be carried out in
10anticipation of planning permission), for “or a local development order”
substitute “, a local development order or a neighbourhood development
order”.

20 In section 264(5) (land treated not as operational land)—

(a) in paragraph (b), omit “or a local development order”, and

(b) 15after paragraph (c) (but before the “or” at the end of the paragraph)
insert—

(ca) granted by a local development order or a
neighbourhood development order;.

21 (1) Section 324 (rights of entry) is amended as follows.

(2) 20In subsection (1), after paragraph (a) insert—

(aa) the preparation, making, modification or revocation of a
neighbourhood development plan under Part 3 of that Act;.

(3) After that subsection insert—

(1A) For the purposes of subsection (1)(c) the reference to a proposal by
25the local planning authority to make any order under Part 3 includes
a reference to a proposal submitted (or to be submitted) to the
authority for the making by them of a neighbourhood development
order.

22 In paragraph 1A of Schedule 13 (blighted land: land allocated for public
30authority functions in development plans etc)—

(a) after “for the area in which the land is situated” insert “or by a
neighbourhood development plan for the area in which the land is
situated”,

(b) after Note (2) insert—

(2A) 35For the purposes of this paragraph a neighbourhood
development plan includes a draft of a neighbourhood
development plan which has been submitted for
examination under paragraph 7(2) of Schedule 4B (as
applied by section 38A(3) of the 2004 Act)., and

(c) 40after Note (5) insert—

(6) Note (2A) does not apply if the proposal for the draft plan
is withdrawn under paragraph 2 of Schedule 4B (as
applied by section 38A(3) of the 2004 Act) at any time after
the draft plan has been submitted for examination.

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Planning (Listed Buildings and Conservation Areas) Act 1990

23 The Planning (Listed Buildings and Conservation Areas) Act 1990 is
amended as follows.

24 In section 66 (general duty as respects listed buildings in exercise of
5planning functions), at the end insert—

(4) Nothing in this section applies in relation to neighbourhood
development orders.

25 In section 72 (general duty as respects conservation areas in exercise of
planning functions), at the end insert—

(4) 10Nothing in this section applies in relation to neighbourhood
development orders.

Planning and Compulsory Purchase Act 2004

26 The Planning and Compulsory Purchase Act 2004 is amended as follows.

27 In section 18 (statement of community involvement), after subsection (2)
15insert—

(2A) The reference in subsection (2) to functions under Part 3 of the
principal Act does not include functions under any provision of that
Act relating to neighbourhood development orders (including any
function under section 61F or 61G).

28 20In section 40(2) (local development orders), omit paragraphs (b) to (k).

29 In section 116(2)(b) (Isles of Scilly), after “Part 2” insert “or 3”.

Housing and Regeneration Act 2008

30 In section 13(5) of the Housing and Regeneration Act 2008 (power of
Secretary of State to make designation orders)—

(a) 25in paragraph (a) of the definition of “local planning authority”, after
“Part 2” insert “or 3”, and

(b) in paragraph (c) of the definition of “permitted purposes”, after “Part
2” insert “or 3”.

Section 112

SCHEDULE 13 30Infrastructure Planning Commission: transfer of functions to Secretary of
State

Part 1 Amendments of the Planning Act 2008

Introductory

1 35The Planning Act 2008 is amended as follows.

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Abolition of Infrastructure Planning Commission

2 Omit sections 1 to 3 and Schedule 1 (establishment and governance of
Commission and conduct and interests of Commissioners).

Fees

3 (1) 5Amend section 4 (regulations setting fees for performance of Commission’s
functions) as follows.

(2) In subsection (1) for “charging of fees by the Commission in connection with
the performance of any of its functions” substitute “charging of fees by the
Secretary of State in connection with the performance of any of the Secretary
10of State’s major-infrastructure functions”.

(3) In subsection (3) (power to set fees calculated by reference to costs
incurred)—

(a) for “incurred by the Commission” substitute “incurred by the
Secretary of State”, and

(b) 15for “its functions” (in both places) substitute “the Secretary of State’s
major-infrastructure functions”.

(4) After subsection (3) insert—

(4) In this section “the Secretary of State’s major-infrastructure
functions” means—

(a) 20the Secretary of State’s functions under Parts 2 to 8 and under
Part 12 so far as applying for the purposes of those Parts,

(b) the giving of advice to which section 51 applies, and

(c) the Secretary of State’s functions, in relation to proposed
applications for orders granting development consent, under
25statutory provisions implementing—

(i) Council Directive 85/337/EC on the assessment of
the effects of certain public and private projects on the
environment, as amended from time to time, or

(ii) provisions of an EU instrument which from time to
30time replace provisions of that Directive.

(5) In subsection (4)(c) “statutory provision” means a provision of an Act
or of an instrument made under an Act.

(5) In the heading of Part 1 for “The Infrastructure Planning Commission”
substitute “Infrastructure planning: fees”.

35Directions referring applications for other consents to Commission

4 In section 35(6) (relevant authority must refer application to Commission)
for “Commission” substitute “Secretary of State”.

Applications for orders granting development consent

5 (1) Amend section 37 (applications to be made to Commission, which may give
40guidance about their contents and set standards for them) as follows.

(2) For “Commission” (in each place) substitute “Secretary of State”.

(3) In subsection (6) for “it” substitute “the Secretary of State”.

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Model provisions for incorporation in draft orders

6 Omit section 38 (Secretary of State may prescribe non-compulsory model
provisions).

Register of applications

7 (1) 5Amend section 39 (Commission to maintain and give access to register of
applications) as follows.

(2) For “Commission” (in each place) substitute “Secretary of State”.

(3) In subsections (1) and (2) for “it” substitute “the Secretary of State”.

Notification of proposed application

8 (1) 10Amend section 46 (duty to notify Commission of proposed application) as
follows.

(2) In subsection (1) for “Commission” (in each place) substitute “Secretary of
State”.

(3) In the heading for “Commission” substitute “Secretary of State”.

15Guidance about pre-application procedure

9 In section 50(2) (guidance may be issued by Commission or Secretary of
State) omit “the Commission or”.

Advice for potential applicants and others

10 (1) Section 51 (giving of advice by Commission and disclosure of advice and
20requests for advice) is amended as follows.

(2) In subsection (1) for “The Commission may give advice to an applicant or
potential applicant, or to others,” substitute “This section applies to advice”.

(3) For subsections (2) to (4) substitute—

(3) The Secretary of State may by regulations make provision about the
25giving of advice to which this section applies.

(4) In particular, regulations under subsection (3) may make provision
that has the effect that—

(a) a request for advice made by an applicant, potential applicant
or other person, or

(b) 30advice given to an applicant, potential applicant or other
person,

must be, or may be, disclosed by the Secretary of State to other
persons or to the public generally.

Information about, and entry onto, land

11 35In section 52(2) and (4) (authorisation by Commission to serve notice
requiring names and addresses of persons with interests in land) for
“Commission” substitute “Secretary of State”.

12 (1) Amend section 53 (rights of entry) as follows.

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(2) In subsections (1) and (2) (Commission may authorise entry) for
“Commission” (in each place) substitute “Secretary of State”.

(3) In subsection (4)(c) for “Commission’s” substitute “Secretary of State’s”.

Acceptance of applications

13 (1) 5Amend section 55 (acceptance by Commission of applications) as follows.

(2) For “Commission” (in each place) substitute “Secretary of State”.

(3) In subsections (2), (4) and (6) for “it” (in each place) substitute “the Secretary
of State”.

(4) In subsection (7)—

(a) 10for “it cannot accept the application, it” substitute “the application
cannot be accepted, the Secretary of State”, and

(b) in paragraph (b) for “its” substitute “the Secretary of State’s”.

14 In section 56 (if Commission accepts application, applicant to notify
deadline for receipt by Commission of representations) for “Commission”
15(in each place) substitute “Secretary of State”.

15 In section 58(1) and (2) (applicant must certify to Commission that section 56
has been complied with) for “Commission” substitute “Secretary of State”.

16 In section 59(1) and (2) (applicant must notify Commission of persons
affected by any request to authorise compulsory acquisition) for
20“Commission” substitute “Secretary of State”.

17 (1) Amend section 60 (Commission’s duty to seek local impact reports) as
follows.

(2) For “Commission” (in each place) substitute “Secretary of State”.

(3) In subsection (2) for “to it” substitute “to the Secretary of State”.

25Deciding how application is to be handled

18 (1) Amend section 61 (initial choice of Panel or single Commissioner) as follows.

(2) In subsection (1) (which refers to acceptance of an application by the
Commission) for “Commission” substitute “Secretary of State”.

(3) For subsections (2) to (5) (person appointed to chair Commission must make
30initial choice after consultation within the Commission and having regard to
Secretary of State’s guidance) substitute—

(2) The Secretary of State must decide whether the application—

(a) is to be handled by a Panel under Chapter 2, or

(b) is to be handled by a single appointed person under Chapter
353.

(3) The Secretary of State must publish the criteria that are to be applied
in making decisions under subsection (2).

(4) In the heading for “Commissioner” substitute “appointed person”.

19 (1) Amend section 62 (switching from single Commissioner to Panel) as follows.

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(2) In subsection (1), and in the heading, for “Commissioner” substitute
“appointed person”.

(3) For subsections (2) to (5) (person appointed to chair Commission may make
switch after consultation within the Commission and having regard to the
5Secretary of State’s guidance) substitute—

(2) The Secretary of State may decide that the application should instead
be handled by a Panel under Chapter 2.

(3) The Secretary of State must publish the criteria that are to be applied
in making decisions under subsection (2).

10Delegation of functions conferred on person appointed to chair Commission

20 Omit section 63 (power for Commission’s chair to delegate functions under
Part 6 to a deputy).

Handling of applications by a Panel

21 In section 64(1)(a) (which refers to an application accepted by the
15Commission) for “Commission” substitute “Secretary of State”.

22 (1) Amend section 65 (appointment of members, and lead member, of Panel) as
follows.

(2) For subsection (1) (Commission chair must appoint Panel and Panel chair)
substitute—

(1) 20The Secretary of State must appoint—

(a) three, four or five persons to be members of the Panel, and

(b) one of those persons to chair the Panel.

23 (1) 25Amend section 66 (ceasing to be member, or lead member, of Panel) as
follows.

(2) Omit subsection (1) (generally, person ceases to be Panel member on ceasing
to be a Commissioner).

(3) In subsections (3) and (4) (member, or lead member, may resign by notice to
30Commission) for “Commission” substitute “Secretary of State”.

(4) In subsection (5) (Commission chair may remove Panel member or lead
member)—

(a) for “person appointed to chair the Commission (“the chair”)”
substitute “Secretary of State”, and

(b) 35in paragraphs (a) and (b) for “chair” substitute “Secretary of State”.

24 Omit section 67 (Panel member continuing though ceasing to be
Commissioner).

25 (1) Amend section 68 (additional appointments to Panel) as follows.

(2) For subsection (2) (Commission chair may appoint additional Panel

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member) substitute—

(2) The Secretary of State may appoint a person to be a member of the
Panel, but this power may not be exercised so as to cause the Panel
to have more than five members.

26 (1) Amend section 69 (replacement of lead member of Panel) as follows.

(2) 10In subsection (2) (Commission chair must make appointment to fill vacancy
in office of lead member) for “person appointed to chair the Commission”
substitute “Secretary of State”.

(3) Omit subsection (4) (self-appointments).

27 Omit section 70 (membership of Panel where application relates to land in
15Wales).

28 (1) Amend section 71 (supplementary provision where Panel replaces single
Commissioner) as follows.

(2) In subsection (2) (single Commissioner may be appointed member, or
member and lead member, of Panel) for “A Commissioner who has handled
20the application under Chapter 3” substitute “An appointed person”.

(3) In subsection (3) (power to treat things done by or to single Commissioner
as done by or to Panel) for “a Commissioner” substitute “an appointed
person”.

(4) After subsection (4) insert—

(5) 25In this section “appointed person” means a person appointed to
handle the application under Chapter 3.

(5) In the heading for “Commissioner” substitute “appointed person”.

29 (1) Amend section 74 (Panel to decide, or make recommendations in respect of,
application) as follows.

(2) 30Omit subsection (1) (cases in which Panel has function of deciding
application).

(3) In subsection (2) (cases in which Panel has function of examining application
and reporting on it to the Secretary of State) for “In any other case, the Panel”
substitute “The Panel”.

(4) 35Omit subsection (4) (duty of Commission staff to give support to Panel).

Single-Commissioner procedure to become single-appointed-person procedure

30 (1) Amend section 78 (single Commissioner to handle application) as follows.

(2) In subsection (1)(a) (which refers to an application accepted by the
Commission) for “Commission” substitute “Secretary of State”.