Localism Bill

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

Clause 56

LORD HOWARD OF RISING

LORD TRUE

 

Page 47, line 5, at end insert—

“( ) Where at least 50 per cent of all those eligible to vote have voted in the referendum and at least 50 per cent of those voting have supported the proposition contained in the question in the referendum, the authority will have a duty to use all reasonable endeavours to give effect to the result.”

Before Clause 97

LORD GREAVES

BARONESS PARMINTER

BARONESS HAMWEE

LORD MCKENZIE OF LUTON

 

Insert the following new Clause—

“Duty to promote sustainable development

(1) Each person who is carrying out functions under any Acts relating to planning and who is—

(a) a local planning authority,

(b) a county council in England that is not a local planning authority,

(c) the Secretary of State when carrying out functions relating to applications for development consent,

(d) a qualifying body for the purposes of Schedule 9 (neighbourhood planning),

(e) a body, or other person, that is prescribed or of a prescribed description,

must carry out their functions with the objective of promoting sustainable development.

(2) For the purposes of subsection (1) “sustainable development” means development that meets the social, economic and environmental needs of the present without compromising the ability of future generations to meet their own needs, based on the following guiding principles—

(a) living within environmental limits, namely respecting the limits of the planet’s environment, resources and biodiversity, to improve our environment and ensure that the natural resources needed for life are unimpaired and remain so for future generations,

(b) ensuring a strong, healthy and just society, namely meeting the diverse needs of all people in existing and future communities, promoting personal wellbeing, social cohesion and inclusion, and creating equal opportunity for all,

(c) achieving a sustainable economy, namely building a strong, stable and sustainable economy which provides prosperity and opportunities to all, and in which environmental and social costs fall on those who impose them and efficient resource use is incentivised,

(d) promoting good governance, namely actively promoting effective, participative systems of governance in all levels of society and engaging people’s creativity, energy and diversity,

(e) using sound science responsibly, namely ensuring policy is developed on the basis of strong scientific evidence, whilst taking into account scientific uncertainty (through the precautionary principle) as well as public attitudes and values.

(3) Section 10 of the Planning Act 2004 is amended as follows.

(4) After subsection (3) insert—

“(4) In this section “sustainable development” has the same meaning as in section (Duty to promote sustainable development) in the Localism Act 2011.””

Schedule 9

LORD BROOKE OF SUTTON MANDEVILLE

[As an amendment to the first amendment to Schedule 9 printed in sheet HL Bill 90—IV(Rev)(h)]

 

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

LORD BROOKE OF SUTTON MANDEVILLE

 

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,”

Schedule 10

LORD BROOKE OF SUTTON MANDEVILLE

 

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,”

Prepared 6th October 2011