Localism Bill

AMENDMENTS
TO BE MOVED
ON REPORT

After Clause 30

BARONESS GARDNER OF PARKES

 

Insert the following new Clause—

“Power to require property to be maintained to appropriate standard

A local authority may by byelaws make provision requiring that, on receipt by the local authority of a petition from residents of a particular street or other residential area 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 owners of the property carry out such reasonable repairs and maintenance as are necessary to keep the property up the average standard of repair of the other properties in the street or area.”

 

Insert the following new Clause—

“Power to make byelaws about smoke-free places

(1) A local authority may make byelaws designating as smoke-free any place or description of place that is not smoke-free under section 2 of the Health Act 2006.

(2) The place, or places falling within the description, need not be enclosed or substantially enclosed.

(3) The byelaws may provide for such places, or places falling within the description, to be smoke-free only—

(a) in specified circumstances,

(b) at specified times,

(c) if specified conditions are satisfied,

(d) in specified areas,

or any combination of those.

(4) Terms used in this section have the same meanings as in the Health Act 2006.”

 

Insert the following new Clause—

“Licensing of pedicabs

(1) A local authority may make by byelaws establish a scheme for the licensing of pedicabs in its area.

(2) Such a licensing scheme may make provision about—

(a) the compliance of pedicabs with road traffic legislation;

(b) where pedicabs may be stationary whilst seeking business;

(c) the playing of music in pedicabs;

(d) the roadworthiness and appearance of pedicabs; and

(e) such other matters as the local authority may determine.

(3) In this section “pedicab” means a cycle constructed or adapted—

(a) to seat one or more passengers; and

(b) for the purpose of being made available with a driver in the course of a business for the purpose of carrying passengers.”

Clause 111

BARONESS GARDNER OF PARKES

 

Page 90, line 20, at end insert—

“(70D) Requirement for consultation on retrospective application

A local planning authority must, on receipt of an application for retrospective planning permission, notify and consult on the application those who were notified and consulted on the original application, and must have regard to any responses to the further consultation.”

Clause 114

BARONESS GARDNER OF PARKES

 

Page 94, line 36, at end insert—

“( ) In section 171B (time limits), after subsection (4)(b) insert—

“(c) at any time taking enforcement action in accordance with an enforcement order which has not been complied with by the party that has breached planning control.””

After Clause 130

BARONESS GARDNER OF PARKES

 

Insert the following new Clause—

“Planning permission for development under land

After section 75 of the Town and Country Planning Act 1990, insert—

“75A Planning permission for development under land

(1) In considering an application for planing permission for a development involving building under land, a local planning authority shall—

(a) have regard to the number of other applications for such development in the locality that it has granted;

(b) presume that if it has granted permission for such development in respect of one application it will, unless there are exceptional circumstances, grant permission for other applications proposing similar development; and

(c) ensure that adequate protection is provided for adjacent and neighbouring properties.

(2) The Secretary of State may make regulations requiring an applicant for planning permission for a development involving building under land to demonstrate that the applicant has entered into such insurance arrangements or bonds or other security as are specified in the regulations.

(3) A local planning authority may require an applicant for planning permission for a development involving building under land or demonstrate—

(a) that the plans for the proposed development have been produced by a qualified structural engineer;

(b) that the development will be adequately supervised by a qualified structural engineer.””

 

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.””

 

Insert the following new Clause—

“Development on green belt land

The appropriate planning authority may grant planning permission for development involving infilling on green belt land (within the meaning given by Planning Policy Guidance 2: green belts) if on that land sufficient infrastructure and services exist as to make the development reasonable.”

Schedule 9

BARONESS GARDNER OF PARKES

 

Page 324, line 36, at end insert—

“(c) in the case of planning permission for the construction of a basement at an existing property, provision requiring the applicant to undertake full consultation with owners of adjoining properties and with any others who would be adversely affected by the construction.”

Prepared 22nd August 2011