Localism Bill

AMENDMENTS
TO BE MOVED
ON REPORT
[Supplementary to the Revised Fourth Marshalled List]

Clause 62

BARONESS HANHAM

 

Page 50, line 14, leave out “and (e)” and insert “, (e) and (f)”

Clause 63

BARONESS HANHAM

 

Page 52, line 29, leave out second “a” and insert “the”

Schedule 7

BARONESS HANHAM

 

Page 307, line 26, after “(7)(a)” insert “—

(a) in sub-paragraph (i) omit “general fund or (as the case may be)”, and

(b) ”

 

Page 310, line 17, at end insert—

“(3A) In subsection (2)(a) omit the words from “, other than” to “1988 Act”.

(3B) In subsection (3)(a)—

(a) at the end of sub-paragraph (i) insert “or”, and

(b) omit sub-paragraph (iii).”

 

Page 310, line 34, at end insert—

“(3A) Omit subsection (3).

(3B) In subsection (4) omit “or subsection (3) above”.”

Clause 97

BARONESS HANHAM

 

Page 75, line 7, after “sections” insert “70(5),”

 

Page 75, line 7, after “82(1)” insert “and (2)”

 

Page 75, line 8, leave out “(effect” insert “(interpretation and effect”

 

Page 75, line 15, leave out subsections (3) and (4) and insert—

“(3) The Secretary of State may by order revoke the whole or any part of a regional strategy under Part 5 of that Act.

(3A) An order under subsection (3) may, in particular, revoke all of the regional strategies (or all of the remaining regional strategies) under Part 5 of that Act.

(3B) The Secretary of State may by order revoke the whole or any part of a direction under paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 (directions preserving development plan policies) if and so far as it relates to a policy contained in a structure plan.

(3C) An order under subsection (4) may, in particular, revoke all directions (or all remaining directions) under paragraph 1(3) of that Schedule so far as they relate to policies contained in structure plans.”

Schedule 8

BARONESS HANHAM

 

Page 315, line 36, leave out “omit paragraph (a)” and insert “in paragraph (a) after “situated” insert “(if there is a regional strategy for that region)”.

(2) Omit section 38(3)(a).”

 

Page 316, line 31, at end insert—

“Local Democracy, Economic Development and Construction Act 2009 (c.20)

17A In section 70(5) (which provides for how a regional strategy is to be interpreted) for “the regional strategy” insert “a regional strategy under this Part”.

17B In section 82(2) (during the interim period, a regional strategy does not include the regional economic strategy) for the words after “For the purposes of that section,” substitute “a regional strategy under this Part is to be regarded as consisting solely of the regional spatial strategy under section 1 of the Planning and Compulsory Purchase Act 2004 that subsisted for the region concerned immediately before 1 April 2010.””

Clause 100

BARONESS HANHAM

 

Page 78, line 38, at end insert—

“(7AA) Subsection (7B) applies where the person appointed to carry out the examination—

(a) does not consider that, in all the circumstances, it would be reasonable to conclude that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, but

(b) does consider that, in all the circumstances, it would be reasonable to conclude that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document’s preparation.”

Schedule 9

BARONESS HANHAM

 

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),”

 

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

Schedule 10

BARONESS HANHAM

 

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, line 27, at end insert—

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

Clause 111

BARONESS HANHAM

 

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.”

Clause 115

BARONESS HANHAM

 

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 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.”

Schedule 24

BARONESS HANHAM

 

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,”

Schedule 25

BARONESS HANHAM

 

Page 424, line 36, at end insert—

“Parliamentary Commissioner Act 1967 (c.13) In Schedule 2, the entry for the Standards Board for England.
House of Commons Disqualification Act 1975 (c.24) In Schedule 1, in Part 2, the entry for the Standards Board for England.
Northern Ireland Assembly Disqualification Act 1975 (c.25) In Schedule 1, in Part 2, the entry for the Standards Board for England.”

 

Page 424, line 43, at end insert—

“(da) subsection (5),”

 

Page 424, line 47, at end insert—

“, and
(g) subsections (8) to (10).
Audit Commission Act 1998 (c.18) In section 49(1)(de), the words “an ethical standards officer or”.
Data Protection Act 1998 (c.29) In section 31—
(a) in subsection (7), paragraph (b) (but not the word “or” at the end of that paragraph), and
(b) in subsection (8)(b), the words “, or to an ethical standards officer,”.”

 

Page 427, line 29, at end insert—

“Freedom of Information Act 2000 (c.36) In Schedule 1, in Part 6, the entry for the Standards Board for England.”

 

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—

“In section 43—
(a) in subsection (2)(a), the words from “, other than” to “1988 Act”,
(b) in subsection (3)(a), sub-paragraph (iii) and the word “or” immediately preceding that sub-paragraph (but not the word “and” at the end of that sub-paragraph), and
(c) subsection (5).
In section 44—
(a) subsection (3), and
(b) in subsection (4), the words “or subsection (3) above”.”

 

Page 433, line 8, at end insert—

“Town and Country Planning Act 1990 (c.8) In Schedule 1—
(a) paragraph 7(2)(a), (3), (5)(a), (9) and (11), and
(b) in paragraph 7(10), paragraph (b) and the “or” immediately preceding it.”

 

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

 

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

 

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

 

Page 434, line 27, at end insert—

“Section 70(5).”

 

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

 

Page 434, line 44, at end insert—

“Localism Act 2011 In Schedule 8, paragraphs 13(1), 17A and 17B.”

 

Page 435, line 13, at end insert—

“In section 264(5)(b), the words “or a local development order”.
Planning and Compulsory Purchase Act 2004 (c.5) In section 38(2), the word “and” at the end of paragraph (a).
Section 40(2)(b) to (k).”

 

Page 436, line 27, at end insert—

“Section 70.”

 

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 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—

“Local Democracy, Economic Development and Construction Act 2009 (c.20) Section 35(2)(q).
In Schedule 5, paragraph 6.”

 

Page 445, leave out lines 28 to 32

Clause 226

BARONESS HANHAM

 

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

 

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”

Prepared 5th October 2011