Localism Bill

Insert the following new Clause—

“Revision of local development documents

In section 26 of the Planning and Compulsory Purchase Act 2004 (revision of local development documents), after subsection (7) insert—

“(8) Within an interim period after the occurrence of a relevant event, the authority must review every local development document in the light of that event.

(9) If the authority finds that any modifications of the document are required as a consequence of the review they must prepare a revised document containing those modifications.

(10) The following are relevant events—

(a) issuing any consolidated guidance to which a local planning authority must have regard under section 19(2);

(b) the coming into effect of the abolition of regional strategies under section 97 of the Localism Act 2011.

(11) During this interim period, local development documents adopted under section 23 shall be regarded by the Secretary of State as being in general conformity with consolidated guidance as referred to in section 26(10)(a).

(12) The Secretary of State may by regulations make provision in connection with the exercise by any person of functions under this section.

(13) Regulations made under subsection (11) may, in particular, make provision as to an expedited procedure including—

(a) requirements for giving appropriate notice and publicity to any document made under this section;

(b) requirements for the appropriate inspection by the public of any document made under this section;

(c) the nature and extent of appropriate consultation with and participation by the public in any document made under this section;

(d) the making of appropriate representations about any document made under this section;

(e) the appropriate procedures to be adopted for the consideration of any such representations.

(14) Regulations made under subsection (11) may, in particular, make provision as to—

(a) the determination of when the interim period in this section may cease, at least three years after the coming into force of this section;

(b) the completion of any local development plan documents not adopted under section 23 within the interim period.””

Insert the following new Clause—

“Local development plans: transitional arrangements

(1) The Secretary of State may by regulations specify transitional arrangements concerning the timetable and procedures involved in the introduction of changes to local development schemes and the preparation and adoption of local development documents.

(2) Subsection (1) applies—

(a) where changes are required by any enactment, and

(b) where changes are required following the issue of new or revised guidance by the Secretary of State.”

Insert the following new Clause—

“Information concerning the need for affordable housing

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

(2) After subsection (2)(d), at the 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), 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 view report detailing, in particular, an initial assessment of the matters referred to in subsection (2), before preparing a local development document.””

Page 82, line 33, leave out from “section” to end of line 38 and insert “205(2) (requirement to aim to ensure that overall purpose of the levy is to ensure that costs of providing infrastructure to support development of an area can be funded by owners or developers of land)—

(a) for “providing infrastructure to support” substitute “supporting”, and

(b) after “land” insert “in a way that does not make development of the area economically unviable”.

(2A) In the Table in section 205(3) (which describes the provisions of the Part) for “Section 216” substitute “Sections 216 to 216B”.

(2B) In section 211(4) (particular provision that may be included in regulations about setting rates, or other criteria, by reference to which the amount of levy chargeable is to be determined) after paragraph (a) insert—

“(aa) to have regard, to the extent and in the manner specified by the regulations, to actual and expected costs of anything other than infrastructure that is concerned with addressing demands that development places on an area (whether by reference to lists prepared by virtue of section 216(5)(a) or otherwise);

(ab) to have regard, to the extent and in the manner specified by the regulations, to other actual and expected sources of funding for anything other than infrastructure that is concerned with addressing demands that development places on an area;”.”

Page 82, line 39, at end insert—

“(za) in subsection (1) (levy to be used to fund infrastructure, or pay compensation under section 219)—

(i) for “section” substitute “sections 216A(1), 216B(2) and”, and

(ii) for “funding infrastructure” substitute “supporting development by funding the provision, improvement, replacement, operation or maintenance of infrastructure”,

(zb) in subsection (2) (meaning of “infrastructure” in subsection (1)) for “subsection (1)” substitute “this section (except subsection (3)) and sections 216A(2) and 216B(2)”,

(zc) in subsection (4)(a) (power to specify facilities that are to be, or not to be, funded) for “that are to be, or not to” substitute “whose provision, improvement or replacement may or is to be, or may not”,”

Page 82, line 42, leave out “, operational and promotional activities” and insert “activities and operational activities (including operational activities of a promotional kind) in connection with infrastructure”

Page 82, line 44, leave out “and” and insert—

“(ab) things within section 216A(2)(b) that may or are to be, or may not be, funded by CIL passed to a person in discharge of a duty under section 216A(1),

(ac) things within section 216B(2)(b) that may or are to be, or may not be, funded by CIL to which provision under section 216B(2) relates,”,

(aa) in subsection (4)(b) (power to specify criteria for determining areas in relation to which infrastructure may be funded) for “in relation to which infrastructure may be funded” substitute “that may benefit from funding”,

(ab) in subsection (5)(a) (power to require authorities to list projects that are to be, or may be, funded) for “projects that are” substitute “what is”,

(ac) in subsection (5)(c) (power to make provision about funding projects not on list) for “projects” substitute “anything”,”

Page 82, line 44, at end insert—

“(aa) in subsection (5) “The Regulations may”, leave out “may” and insert “must”

Page 83, line 2, leave out from “projects)” to end of line 3 and insert “for “on future projects” substitute “in the future”,

(c) in subsection (6)(c) (regulations may permit funding of administrative expenses in connection with infrastructure) after “infrastructure” insert “or anything within section 216A(2)(b) or 216B(2)(b)”, and

(d) in subsection (6)(e) (regulations may make provision for the use of funding where the projects to be funded no longer require funding)—

(i) for “the projects” substitute “anything”, and

(ii) for “require” substitute “requires”.”

Page 83, line 10, leave out from “to” to end of line 13 and insert “support the development of the area to which the duty relates, or of any part of that area, by funding—

(a) the provision, improvement, replacement, operation or maintenance of infrastructure, or

(b) anything else that is concerned with addressing demands that development places on an area.”

Page 83, line 11, leave out “infrastructure” and insert “the infrastructure needs identified in the “appropriate available evidence” specified in Section 211(7A) in order”

Page 83, line 37, leave out “infrastructure” and insert “anything”

Page 83, line 43, leave out “infrastructure” and insert “anything”

Page 83, line 46, at end insert—

“216B Use of CIL in an area to which section 216A(1) duty does not relate

(1) Subsection (2) applies where—

(a) there is an area to which a particular duty under section 216A(1) relates, and

(b) there is also an area to which that duty does not relate (“the uncovered area”).

(2) CIL regulations may provide that the charging authority that charges CIL received in respect of development of land in the uncovered area may apply the CIL, or cause it to be applied, to—

(a) support development by funding the provision, improvement, replacement, operation or maintenance of infrastructure, or

(b) support development of the uncovered area, or of any part of that area, by funding anything else that is concerned with addressing demands that development places on an area.

(3) Provision under subsection (2) may relate to the whole, or part only, of the uncovered area.

(4) Provision under subsection (2) may relate—

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

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

Page 84, line 9, at end insert—

“( ) Where a local authority has a scheme or process of neighbourhood engagement and localised planning that promotes and enables the involvement of the residents and businesses of its area, within their local neighbourhoods, and that process has been agreed by the Secretary of State to—

(a) meet the objectives set out in section 61F, 5(a)(i) and (ii) of the Town and Country Planning Act 1990 as amended by Schedule 9 to this Act, and

(b) constitute a sufficient process of local engagement to enable the making of neighbourhood development orders and neighbourhood plans on the basis of informed involvement and consent,

that local authority may make such orders or plans on behalf of local residents without the establishment of neighbourhood forums or the holding of a referendum.”

Insert the following new Clause—

“Community governance review in area of a neighbourhood forum

In the Local Government and Public Involvement in Health Act 2007, after section 80 insert—

“80A Community governance request by a neighbourhood forum

(1) This section applies to a neighbourhood area where a neighbourhood forum makes a request for a parish council to be created.

(2) A request may be made to create a new parish council for—

(a) the area of the neighbourhood area, or

(b) the area of the neighbourhood area together with the area of an adjacent parish council.

(3) A request under subsection (2)(a) must be made jointly by the neighbourhood forum and the parish council.

(4) Following a request under this section the principal council must commence a community governance review relating to the area of the request within three months of receipt of the request.

(5) A community governance review under this section shall have a presumption that a new parish will be created.

(6) The provisions of this apply only insofar as they do not prevent action being taken on the request made under this section.

(7) In this section “neighbourhood area” and “neighbourhood forum” have the meanings given by section 61F of the Town and Country Planning Act 1990.””

Page 319, leave out lines 11 to 18 and insert—

“(a) it is established for the express purpose of promoting or improving the social, economic and environmental well-being of an area that consists of or includes the neighbourhood area concerned (whether or not it is also established for the express purpose of promoting the carrying on of trades, professions or other businesses in such an area),”

Line 3, leave out “and environmental” and insert “, environmental and cultural”

Page 319, leave out lines 11 to 18 and insert—

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

Page 319, line 22, after “there (” insert “whether as an employee, owner or volunteer and”

Page 321, line 18, at end insert—

“( ) A neighbourhood forum designated under this section is to be taken for the purposes of section 6(3)(b) of the Human Rights Act 1998 and section 149(2) of the Equality Act 2010 to be exercising a function of a public nature when exercising functions under this Act.”

Page 322, line 10, at end insert “; but if a modification relates to any extent to the area of a parish council, the modification may be made only with the council’s consent”

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.”

Page 328, line 8, after first “in” insert “the whole or any part of”

Page 328, line 8, at end insert “that indicates priorities to—

(a) achieve reductions of greenhouse gas emissions in line with the carbon budgets set under the Climate Change Act 2008; and

(b) meet national policy objectives on assessing the risk of and adapting to climate change in relation to that area”

Page 328, leave out lines 18 to 25 and insert—

“(4) A local planning authority must make a neighbourhood development plan or order unless—

(a) one or more of the relevant ward members expresses disagreement;

(b) the local planning authority receives a petition signed by a minimum of 5% of voters in the areas covered by the plan or order; or

(c) the local authority thinks it expedient to hold a referendum.”

Page 328, line 25, at end insert—

“(4A) If the provisions in subsection (4) apply then the local authority must hold a referendum.”

Page 328, line 34, at end insert—

“(5A) The local authority must make the plan as soon as practicable if—

(a) it is satisfied that no objections described in subsection (4) have been received; or

(b) the conditions in subsection (4) have been met after any referendum has been held and more than half of those voting in a referendum have voted in favour of the plan or order.”

Page 328, line 35, leave out “subsection (4)(a)” and insert “section 4”

Page 329, line 37, at end insert—

“38AA Additional rights of qualifying bodies

(1) A qualifying body may, in the course of the preparation of a neighbourhood development plan, enter into negotiations with landowners and others with a view to them concluding agreements with the local authority that, in the event of the neighbourhood plan being adopted and of specified other events, specified additional contributions will be made to the community by landowners or others.

(2) Qualifying bodies may, in conjunction with neighbourhood development plans, promote referendums on or proposals for parishing in order to present integrated proposals for the development of the community.”

Page 331, line 9, at end insert—

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

(2) In section 59 after subsection (3) insert—

“(4) A provision in a development order has effect subject to the provisions in a neighbourhood development order under the Localism Act 2011, which may over-ride the development order in all or any respects.””

Page 331, line 9, at end insert—

(1) In section 3(2)(e) of The Road Traffic Regulation Act 1984, omit the words from “area” to the end.

(2) In section 3(3) of The Road Traffic Regulation Act 1984, insert “, except one under section 3(2)(e)”.”

Page 331, line 25, at end insert—

“(2A) The proposal may include proposals in a prescribed form and accompanied by documents and information of a prescribed description concerning the creation or reorganisation of parishes.

(2B) If a referendum under paragraph 12(4) concerning a neighbourhood development order combining such proposals is agreed to, it shall have effect as if the neighbourhood development order constituted the recommendations of a community governance review under section 87 of the Local Government and Public Involvement in Health Act 2007.

(2C) A principal local authority as defined in that Act must give effect to the entirety of such a review.”

Page 333, line 3, at end insert—

“(3) The power to make regulations under this paragraph must be exercised to secure that—

(a) prescribed requirements as to consultation with and participation by the public must be complied with before a proposal for a neighbourhood development order may be submitted to a local planning authority, and

(b) a statement containing the following information in relation to that consultation and participation must accompany the proposal submitted to the authority—

(i) details of those consulted,

(ii) a summary of the main issues raised, and

(iii) any other information of a prescribed description.”

Page 335, leave out lines 18 to 20 and insert—

“(a) the making of the order is in general conformity with the national planning policies and advice contained in guidance issued by the Secretary of State,”

Page 335, line 27, at end insert—

“(ca) the making of the order contributes to the achievement of sustainable development,”

Page 336, line 18, at end insert—

“( ) Any person who makes representations seeking to change a neighbourhood development order or neighbourhood plan, on request, be given the opportunity to appear before and be heard by the person carrying out the examination.”

Page 349, line 44, at end insert—

“21A(1) Section 333 (regulations and orders) is amended as follows.

(2) In subsection (3) (regulations to be subject to annulment) after “except regulations under section 88” insert “or paragraph 15(5) or 16 of Schedule 4B”.

(3) After that subsection insert—

“(3A) No regulations may be made under paragraph 15(5) or 16 of Schedule 4B unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.””

Page 90, line 18, leave out “an” and insert “a pre-existing”

Page 90, line 20, at end insert—

“(2) For the purposes of the operation of this section in relation to any particular application for planning permission, a “pre-existing enforcement notice” is an enforcement notice issued before the application was received by the local planning authority.”

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.”

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.””

Page 95, line 41, after “(5)” insert “and the right of appeal under section 225AA”

Page 96, line 3, leave out “made”

Page 96, line 30, leave out “within the period” and insert “by the time”

Page 96, line 31, at end insert “and

(c) an appeal against the removal notice has been submitted to the local magistrates’ court under subsection (16),”

Page 97, line 28, at end insert—

“(16) The power under subsection (1) is subject to a standard right of appeal in a local magistrates’ court identical to that which exists under section 225C.”

Page 97, line 28, at end insert—

“225AA Appeal against notice under section 225A

(1) A person on whom a removal notice has been served in accordance with section 225A(3) or (5)(b) may appeal to a magistrates’ court on any of the following grounds—

(a) that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;

(b) that there has been some informality, defect or error in, or in connection with, the notice;

(c) that the period between the date of the notice and the time specified in the notice is not reasonably sufficient for the removal of the display structure;

(d) that the notice should have been served on another person.

(2) For the purposes of subsection (3), a person is a “permitted appellant” in relation to a removal notice if—

(a) the removal notice has been fixed or exhibited in accordance with section 225A(5)(a);

(b) the person is an owner or occupier of the land on which the display structure concerned is situated; and

(c) no copy of the removal notice has been served on the person in accordance with section 225A(5)(b).

(3) A person who is a permitted appellant in relation to a removal notice may appeal to a magistrates’ court on any of the following grounds—

(a) that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;

(b) that there has been some informality, defect or error in, or in connection with, the notice;

(c) that the period between the date of the notice and the time specified in the notice is not reasonably sufficient for the removal of the display structure.

(4) So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (3)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(5) If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the removal notice should have been served in accordance with section 225A(3) or (5)(b).

(6) If—

(a) a removal notice is served on a person in accordance with section 225A(3) or (5)(b), and

(b) the local planning authority bring proceedings against the person for the recovery under section 225A(7) of any expenses,

it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).

(7) In this section “removal notice” and “display structure” have the same meaning as in section 225A.”

[Re-tabled as Amendment 214ZA]

Page 99, line 13, leave out “notice under section 225B” and insert “notices under section 225A or 225B”

Page 99, line 14, after “section” insert “225A(3) and (5) or”

Page 99, line 24, after “of” insert “a display structure or”

Page 99, line 25, after “section” insert “225A(5) or”

Page 99, line 28, after “surface” insert “or display structure”

Page 99, line 40, after “section” insert “225A(3) and (5) or”

Page 99, line 42, after “section” insert “225A(3) and (5) or”

Page 99, line 44, after “section” insert “225A(7) or”

Insert the following new Clause—

“Directions relating to railway projects

(1) In the Planning Act 2008 after section 35A insert—

“35B Directions relating to railway projects

(1) Subsection (2) applies if a project for the construction or alteration of a railway includes—

(a) development which is within section 14(1)(k), and

(b) development which is permitted development and which is to be carried out wholly in England.

(2) The Secretary of State for Transport may, in response to a qualifying request, direct in the case of any specified development within subsection (1)(b) that—

(a) development consent is not required for the specific development, or

(b) development consent for development within subsection (1)(a) may also be granted for the specific development.

(3) A direction under subsection (2) can only be made if the Secretary of State for Transport thinks that the making of the direction will promote the efficient and timely development of the rail network.

(4) Subsection (5) applies if—

(a) a project consists of development which is within section 14(1)(k), and

(b) the Secretary of State for Transport thinks that the project, taking into account its size, its potential effect on the railway network and all other relevant circumstances, is not of national significance, whether by itself or when considered with any other related project or proposed project in the same field.

(5) The Secretary of State for Transport may, in response to a qualifying request, direct the development to be treated for specified purposes or generally as development for which development consent is not required.

(6) If the Secretary of State for Transport decides to give a direction under subsection (2) or (5), the Secretary of State for Transport must give reasons for the decision.

(7) In this section “qualifying request”, in relation to any development, means a written request which is made by the person proposing to carry out the development and which specifies the development, and—

(a) in the case of a request for a direction under subsection (2), explains why the conditions in subsections (1) and (3) are met; and

(b) in the case of a request for a direction under subsection (5), explains why the conditions in subsection (4) are met.”

(2) In section 15(5) (development for which development consent may be granted) after “associated development” insert “or development in respect of which a direction has been given under section 35B(2)(b)”.”

Page 112, line 31, at end insert—

“(za) is made by—

(i) the person who proposes to make a relevant application, or

(ii) the relevant authority,”

Page 112, line 32, after “relates,” insert—

“(aa) is made before a relevant application is made,”.

Insert the following new Clause—

“Hydraulic fracturing of underground rock

(1) Within 12 months of this Act being passed, the Secretary of State shall, by order, amend the Planning Act 2008 as follows.

(2) In section 14(1) (nationally significant infrastructure projects: general), at the end insert—

“(q) the hydraulic fracturing of underground rock”.”

Insert the following new Clause—

“Notification of initiation of development etc

(1) In the Town and Country Planning Act 1990, after section 106C insert—

“106D Notification of initiation of development

(1) A local planning authority may require a person who carries out relevant development to inform the planning authority of the date on which they intend to initiate the development as soon as possible after they make a decision on that date.

(2) A relevant development for the purposes of subsection (1) is one for which permission has been granted or for which a local development order, a neighbourhood development order or a community right to build order has been made.

(3) A local planning authority may apply the requirement in subsection (1) to all planning applications or particular descriptions of applications.

(4) A notice of planning permission or a community right to build order must where appropriate include a statement of the requirements of subsection (1) and section 171 and, where relevant, of section 106E.”

(2) In section 171A of the Town and Country Planning Act 1990 (expressions used in connection with enforcement), after subsection (1)(b) insert—

“(c) initiating development without giving notice in accordance with section 106D,”.”

Page 123, line 4, at end insert—

“(5) The amendments made by this section do not alter—

(a) whether under subsection (2) of section 70 of the Town and Country Planning Act 1990 regard is to be had to any particular consideration, or

(b) the weight to be given to any consideration to which regard is had under that subsection.”

Leave out Clause 130

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 to 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—

“Code of practice for subterranean development

(1) Any proposed development which extends below the ground level of an existing building or its garden shall be deemed to be a “subterranean development”.

(2) A local planning authority may promulgate a code of practice at any time on the excavation and construction of a subterranean development with a view to lessening the adverse impact of the excavation and construction on adjacent properties and their owners and occupiers and on the wider neighbourhood; and this code may include (but not necessarily exclusively) provisions on—

(a) demonstrating that the necessary works can be undertaken while meeting specified technical standards;

(b) the methods, materials and equipment to be used;

(c) the standards to be observed in relation to noise levels;

(d) the hours of construction and excavation or of particularly noisy types of construction and excavation;

(e) the monitoring of noise and vibration;

(f) the provision of information to adjoining owners; and

(g) other measures to be taken to reduce the risk of damage to neighbouring properties, noise, dust, dirt and the risk of an infestation of vermin.

(3) Local planning authorities shall take account of any guidance issued by the Secretary of State in drawing up such a code of practice.

(4) If a local planning authority has promulgated such a code, it may make the granting of planning consent for a subterrranean development conditional on the developer undertaking to abide by the code or specified element of it.”

Line 22, at end insert “; and

( ) the importance of promoting good health and safety, and minimising the risk of injury or ill health to workers and the public.”

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.”

Insert the following new Clause—

“Allowances for disturbance and inconvenience caused by subterranean development

(1) A local planning authority may draw up and periodically amend a scale of allowances which it considers appropriate for payment by the developers of subterranean developments to adjoining owners or occupiers in respect of the disturbance and inconvenience caused by the excavation and construction of the subterranean development.

(2) The scale may take account of—

(a) the noise levels of the development;

(b) the period of time that it takes;

(c) the degree to which parts of the adjoining property are rendered unusable for normal purposes; and

(d) the differential effect on different types of occupants of adjoining properties.

(3) In drawing up such a scale of allowances, the local planning authority shall take account of any guidance issued by the Secretary of State.

(4) “Adjoining owner” and “adjoining occupier” shall be defined as in the Party Wall etc. Act 1996.

(5) If a local planning authority has drawn up and publicised such a scale of allowances, it may make the granting of planning consent for a subterranean development conditional on the developer undertaking to pay an allowance to adjoining owners or occupiers in accordance with the scale.”

Insert the following new Clause—

“Code of practice for developers

(1) A local planning authority may promulgate a code of practice on how building works or particular types of building work should be undertaken so as to minimise the adverse impact of such on adjacent properties, their owners and occupiers, and on the wider neighbourhood without imposing significant additional costs on those undertaking the works.

(2) A code published under subsection (1) may include provisions on—

(a) demonstrating that the necessary works can be undertaken while meeting specified technical standards;

(b) the methods, materials and equipment to be used;

(c) the standards to be observed in relation to noise levels;

(d) the hours of construction and excavation or of particularly noisy types of construction and excavation;

(e) the monitoring of noise and vibration;

(f) the provision of information to adjoining owners; and

(g) other measures to be taken to reduce the risk of damage to neighbouring properties, noise, dust, dirt and the risk of an infestation of vermin.

(3) After section 10(12) of the Party Wall etc. Act 1996 insert—

“(12A) In determining the time and manner of executing any work, surveyors making an award shall have regard to—

(a) the duty of the building owner in section 7(1) not to exercise any right conferred under this Act in such a manner or at such time as to cause any unnecessary inconvenience to any adjoining owner or operator; and

(b) any code of practice issued by the local authority in the relevant area on the timing and the methods of construction, including equipment to be used, for specified types of works under section (Code of practice for developers) of the Localism Act 2011.””

Insert the following new Clause—

“Allowance for inconvenience and disturbance as a result of subterranean excavation

(1) A local authority may issue guidance to surveyors appointed under the Party Wall Act etc. 1996 in the form of a scale of “fair allowances” to be paid under section 11(6) of that Act in respect of any excavation to which section 11(6) of the Act applies.

(2) Local authorities shall take account of any guidance issued by the Secretary of State in drawing up such a scale of allowances.

(3) The Party Wall etc. Act 1996 shall be amended as follows—

(a) in section 11(6) after “the right mentioned in section 2(2)(e)” insert “or any excavation to which this section applies”;

(b) after section 11(6) insert—

“(6A) Where there is a dispute over what constitutes a fair allowance under subsection (6), the surveyor or surveyors must have regard to any guidance issued by the local authority in the area in which the works are taking place.””

Insert the following new Clause—

“Town and village green legislation

(1) Regulations may make provision relating to powers for registration authorities to decline to accept proposals under section 15 of the Commons Act 2006.

(2) The regulations may in particular make provision—

(a) dealing with any case of proposals submitted under section 15 of the Commons Act 2006 where in the view of the registration authority insufficient evidence has been submitted or there is strong evidence that the application could not meet the criteria for registration; and

(b) dealing with costs incurred by the registration authority in amending or dismissing the application in cases of frivolous or vexatious proposals.

(3) Regulations may make provision relating to powers for registration authorities to reject proposals accepted under section 15 of the Commons Act 2006.

(4) The regulations may in particular make provision—

(a) dealing with any case of proposals accepted under section 15 of the Commons Act 2006 and which are subsequently deemed in the view of the registration authority to be frivolous or vexatious;

(b) as to the award of costs to relevant parties and as to the parties by whom the costs are to be made.

(5) In subsection (4), an application is “frivolous or vexatious” if it discloses no reasonable grounds for the application or is otherwise an abuse of process.

(6) Section 15(4) of the Commons Act 2006 does not apply in relation to any land where there is an extant planning permission in respect of the whole or any part of the land for the life of the permission.”

Insert the following new Clause—

“Determination of appeals

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

(2) In subsection (1), at the beginning insert “Subject to subsection (1A),”.

(3) After subsection (1) insert—

“(1A) The Secretary of State may only overturn a local planning decision if—

(a) the Secretary of State has reason to believe the decision is unlawful;

(b) the Secretary of State has reason to believe that due process was not followed; or

(c) the proposed development does not contravene materially the local development plan.””

Insert the following new Clause—

“Community right of appeal

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

(2) In section 70 (determination of applications: general considerations)—

(a) in subsection (1)(a), after the first “subject to” insert “subsection (2A) and”,

(b) after subsection (2) insert—

“(2A) Where the planning authority decides under this section to grant a permission for an application which falls within one of the categories, and meets any of the conditions specified in section 78(2A)—

(a) in case where no appeal is lodged against the decision, it shall make the grant as soon as may be specified in a development order after the expiration of the period for the lodging of an appeal;

(b) in case where an appeal or appeals is or are lodged against the decision, it shall not make the grant unless, as regards the appeal or, as may be appropriate, each of the appeals—

(i) are withdrawn, or

(ii) are dismissed by the Secretary of State.”

“(2A) Where a planning authority grants an application for planning permission, and—

(a) the authority has publicised the application as not according with the development plan in force in the area in which the land to which the application relates is situated; or

(b) the application is one in which the authority has an interest as defined in section 316;

certain persons as specified in subsection (2B) below may by notice appeal to the Secretary of State, provided any one of the conditions in subsection (2C) below are met.

(2B) Persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified in subsection (2A) above are—

(a) a ward councillor for the area;

(b) any parish council covering or adjoining the area of land to which the application relates; or

(c) any overview and scrutiny committee for the area.

(2C) The conditions are—

(a) section 61W(1) of the Town and Country Planning Act 1990 applies to the application;

(b) the application is accompanied by an environmental impact assessment;

(c) the planning officer has recommended refusal of planning permission.”

(4) In section 78, after subsection (4D) insert—

“(4E) For appeals lodged under subsection (2A), a notice must be served no later than 28 days from the date of notification of the decision.”

(a) in subsection (2), omit “either” and the words after “planning authority” and insert “or the applicant (where different from the appellant)”;

(b) in subsection (6), after “the determination”, insert “except for appeals as defined in section 78(2A) and where the appellant is as defined in section 79(2B).””

Insert the following new Clause—

“Community influence on permitted development

(1) The Town and Country Planning (General Permitted Development Order) 1995 (S.I. 1995/418) is amended as follows.

(2) In article 3 after paragraph (12) insert—

“(13) The permission granted by Schedule 2 shall not apply to development which has been specifically excluded by means of a local referendum held under the Localism Act 2011.””

Insert the following new Clause—

“Report on Part 5

(1) The Secretary of State must—

(a) establish an independent review of the planning provisions introduced by Part 5;

(b) publish a report on this review, including any recommendations for change; and

(c) lay a copy of the report before both Houses of Parliament within 3 years of section 97 coming into force.

(2) The report required under subsection (2) must, in particular—

(a) have regard to and report on the effectiveness of the provisions in producing sustainable development outcomes;

(b) report on the extent to which planning permission has been granted in respect of brownfield land;

(c) report on the extent to which open spaces and the green belt have been protected;

(d) report on the extent to which affordable and sustainable housing targets have been achieved;

(e) provide statistical information about the number of planning applications that were approved, approved but not actioned, or appealed before and after the commencement of that Part.”

Page 193, line 41, leave out “In section 14” and insert “For sections 14 to 16”

Page 193, line 41, leave out from “permission)” to end of line 6 on page 194 and insert “substitute—

“14 Taking account of actual or prospective planning permission”

Page 194, line 9, leave out “in England”

Page 194, line 24, at end insert “to which subsection (4)(b)(i) applies, and

(b) that, in the case of any development that is appropriate alternative development to which subsection (4)(b)(ii) applies and subsection (4)(b)(i) does not apply, it is certain at the relevant valuation date that planning permission for that development will be granted at the later time at which at that date it could reasonably have been expected to be granted.”

Page 196, line 4, leave out “14B” and insert “15”

Page 196, leave out line 7

Page 196, line 21, leave out subsections (4) and (5)

Page 196, line 29, leave out “In section 17” and insert “For sections 17 and 18”

Page 196, line 29, leave out from “alternative” to end of line 35 and insert “development and appeals against certificates) substitute—

“17 Certificates of appropriate alternative development”

Page 196, line 36, leave out “in England”

Page 197, line 4, leave out “authority proposing to acquire the interest” and insert “acquiring authority”

Page 198, line 39, leave out from beginning to “Appeal” in line 41 and insert—

“18 ”

Page 198, line 46, after “be” insert “, or is,”

Page 199, line 19, leave out subsection (9)

Page 199, line 30, leave out from “3)” to end of line 35 and insert “omit—

(a) in the opening words—

(i) the words “and appeals under section eighteen of this Act”, and

(ii) the word “respectively”,

(b) paragraph (b) (manner of and time for giving notice of appeal), and

(c) paragraph (d) (which refers to provisions of section 17 not re-enacted in the section 17 substituted by this Act).

(10A) Omit section 21 (proceedings for challenging validity of decision on appeal under section 18).

(11) In section 22 (interpretation of Part 3)—

(a) in subsection (1) (meaning of “the parties directly concerned”) for “authority by whom it is proposing to be acquired” substitute “acquiring authority”, and

(b) in subsection (2) (interpretation of sections 17 and 18) for “and eighteen” substitute “to nineteen”.

(12) In each of paragraph 11 of Schedule 27 to the Local Government, Planning and Land Act 1980 and paragraph 8 of Schedule 9 to the Housing Act 1988 (modifications of section 17(2) of the 1961 Act)—

(a) for “authority proposing to acquire it” substitute “acquiring authority”,

(b) for “in respect thereof,” substitute “in respect of the interest”, and

(c) for “sale thereof” substitute “sale of the interest”.

(13) The amendments made in the Land Compensation Act 1961 by this section apply to the Crown to the extent set out in section 33 of that Act (Act applies in relation to acquisition by government department, including any Minister of the Crown, that is an authority possessing compulsory purchase powers as it applies to other authorities possessing those powers).”

Page 419, line 31, at end insert “(Transfer schemes),”

Page 420, line 5, leave out from beginning to first “to” in line 6 and insert “an appropriate authority to be required or permitted”

Page 420, line 18, leave out from beginning to first “to” in line 19 and insert “an appropriate authority to be required or permitted”

Page 420, line 24, at end insert—

““appropriate authority” means—

(a) the Treasury,

(b) any other Minister of the Crown with the consent of the Treasury, or

(c) the Mayor of London with the consent of the Treasury,

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975,”

Page 200, line 20, leave out “the Secretary of State, the Treasury” and insert “a Minister of the Crown”

Page 200, line 23, leave out “the Secretary of State, the Treasury” and insert “a Minister of the Crown”

Page 200, line 24, after “Act” insert “(other than a power under section 226)”

Page 200, line 38, leave out “The Secretary of State” and insert “A Minister of the Crown”

Page 200, line 42, at end insert—

“(za) an order under section 5(2) that—

(i) amends any Act or provision of an Act, and

(ii) is not made (in reliance on section 7(4)) in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 7(3);”

Page 200, line 44, leave out “7(5)” and insert “7(5)(b)”

Page 201, line 3, at end insert—

“(ba) an order under section 8(2);”

Page 201, line 3, at end insert—

“(bb) an order under section (Designation of public authorities);”

Page 201, line 4, leave out “57”

Page 201, line 4, leave out “or 69(9)” and insert “, 69(2)(d), (5)(e) or (9) or 71(8)”

Page 201, line 7, at end insert—

“(fa) regulations under section 105;”

Page 201, line 10, leave out “105 or”

Page 201, line 14, leave out subsection (8)

Page 201, line 22, leave out “the Secretary of State” and insert “a Minister of the Crown”

Page 201, line 34, after “7(3),” insert—

“(ba) an order under section (Power to transfer local public functions to permitted authorities) (but see section (Orders under section (Power to transfer local public functions to permitted authorities): procedure),”

Page 201, line 34, after “7(3),” insert—

“(ba) an order or regulations under Schedule 24,”

Page 201, line 41, at end insert—

“(aa) an order under section (Designation of Welsh public authorities),”

Page 202, line 7, at end insert—

“(13A) Subsection (13) does not apply to an order under section 226.”

Page 202, line 7, at end insert—

“(13B) If a draft of a statutory instrument containing an order under section (Designation of public authorities) would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.”

Page 202, line 10, at end insert—

““Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.”

Page 202, line 17, after “14,” insert “22 to 27,”

Page 202, line 17, leave out “and 136,” and insert “, 136 and 149(2A)(b) and (c),”

Page 202, line 22, after “to” insert “Part (EU fines: Wales) and”

Page 202, line 22, after “68” insert “, and Part 13 of Schedule 25 and section 223 so far as relating to that Part,”

Page 421, line 6, at end insert—

[Re-tabled as Amendment 248ZQA]

Page 424, line 10, column 2, at beginning insert—

Page 424, line 36, at end insert—

Page 424, line 36, at end insert—

Page 424, line 43, at end insert—

Page 424, line 47, at end insert—

Page 424, line 47, at end insert—

Page 427, line 29, at end insert—

Page 428, line 26, column 2, at end insert—

Page 431, line 3, at end insert—

Page 431, line 14, column 2, after “(2),” insert “the paragraph (a) inserted in relation to authorities in England by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), and”

Page 431, line 25, column 2, after “(7)(a),” insert “in sub-paragraph (i), the words “general fund or (as the case may be)”, and”

Page 431, leave out line 45 and insert—

Page 433, line 8, at end insert—

Page 433, line 9, leave out “70” and insert “70(1) to (4) and (6) to (8) and 71”

Page 433, line 10, leave out “82(2) and (3)” and insert “82(3)”

Page 433, column 2, leave out lines 19 to 23

Page 434, line 27, at end insert—

Page 434, line 38, after “82(1)” insert “and (2)”

Page 434, line 44, at end insert—

Page 435, line 13, at end insert—

Page 435, line 25, at end insert—

Page 436, line 27, at end insert—

Page 439, leave out line 5

Page 440, line 5, leave out “subsection (8)(a),” and insert “in subsection (8), paragraph (a) and the word “and” at the end of that paragraph.”

Page 440, line 17, leave out “(d) paragraph 4,”

Page 441, line 31, column 2, leave out from “section” to “the” in line 32 and insert “214(4),”

Page 442, line 17, leave out “62(a) and (b)” and insert “62(b)”

Page 442, leave out lines 37 to 40

Page 445, line 20, at end insert—

Page 445, leave out lines 28 to 32

Page 446, line 18, leave out “Section 17(10) and (11).” and insert—

Page 446, line 21, at end insert—

Page 202, line 36, leave out “the Secretary of State” and insert “a Minister of the Crown”

Insert the following new Clause—

“Post-legislative impact assessment

(1) The Secretary of State must produce and lay before Parliament an assessment of additional expenditure incurred by relevant authorities as a direct consequence of this Act within two years of the Act’s commencement.

(2) This assessment will be known as the Localism Act post-legislative impact assessment.

(3) A relevant authority must supply the Secretary of State with such financial information as the Secretary of State may specify for the purposes of enabling the Secretary of State to exercise functions under this section.

(4) In producing the Localism Act post-legislative impact assessment, the Secretary of State must have regard to—

(a) any relevant guidance issued in relation to new financial burdens placed on local authorities;

(b) any relevant pre-commencement regulatory impact assessment; and

(c) information submitted by relevant authorities as the Secretary of State may require.

(5) In this section “relevant authorities” means—

(a) county councils in England;

(b) district councils in England;

(c) London borough councils;

(d) the Common Council of the City of London in its capacity as a local authority;

(e) the Greater London Authority;

(f) the Council of the Isles of Scilly.”

Page 202, line 41, at end insert—

“( ) section (Variation of licences: abolition of permitted areas),”

Page 202, line 41, at end insert—

“(za) Part 2,”

Page 203, line 7, at beginning insert “Part 2,”

[Re-tabled as Amendment 249BA]

Page 203, line 10, at end insert “, subject to subsection (6).

(6) Any amendment or repeal made by this Act in the Transport Act 1968, and the repeal of section 121(1) of the Local Government, Planning and Land Act 1980, extend to England and Wales only.”

Page 203, line 15, at end insert—

“( ) section (Arrangements for provision of services and discharge of functions),”

Page 203, line 21, leave out paragraph (h)

Page 203, line 26, leave out “, 28 and 31” and insert “and 28”

Page 203, line 38, leave out “and 136,” and insert “, 136 and 149(2A)(b) and (c),”

Page 204, line 11, at end insert—

“(ga) Part (EU fines: Wales),”

Page 204, line 31, at end insert “to (3C), paragraphs 1, 13(1), 17A and 17B of Schedule 8 and section 97(5) so far as relating to those provisions of that Schedule”

Insert the following new Clause—

“Expiration of sections 135 and 136

(1) Sections 135 and 136 will expire three years after the day on which those sections come into force.

(2) The Secretary of State may, by order, revive sections 135 and 136 if a draft of such an order is laid before and approved by an affirmative resolution of both Houses of Parliament.

(3) An order made under this section is to be made by statutory instrument.

(4) A draft order laid before Parliament under subsection (2) must be accompanied by a copy of the report required under section (Homelessness report).”

Line 2, leave out “Local Commission for” and insert “Commission for Local”