Localism Bill (HL Bill 90)

(a) be in respect of a period—

(i) which the authority considers appropriate in the
interests of transparency,

(ii) which begins with the end of the period covered by the
5authority’s most recent report under subsection (2), and

(iii) which is not longer than 12 months or such shorter
period as is prescribed;”.

(5) After subsection (3) insert—

“(4) The authority must make the authority’s reports under this section
10available to the public.”

(6) In the heading for “Annual” substitute “Authorities’” and for “report”
substitute “reports”.

CHAPTER 2 Community Infrastructure Levy

102 Community Infrastructure Levy: approval of charging schedules

(1) 15The Planning Act 2008 is amended as follows.

(2) In section 211 (amount of levy) after subsection (7) insert—

“(7A) A charging authority must use appropriate available evidence to
inform the charging authority’s preparation of a charging schedule.

(7B) CIL regulations may make provision about the application of
20subsection (7A) including, in particular—

(a) provision as to evidence that is to be taken to be appropriate,

(b) provision as to evidence that is to be taken to be not
appropriate,

(c) provision as to evidence that is to be taken to be available,

(d) 25provision as to evidence that is to be taken to be not available,

(e) provision as to how evidence is, and as to how evidence is not,
to be used,

(f) provision as to evidence that is, and as to evidence that is not, to
be used,

(g) 30provision as to evidence that may, and as to evidence that need
not, be used, and

(h) provision as to how the use of evidence is to inform the
preparation of a charging schedule.”

(3) For section 212(4) to (7) (draft must be accompanied by declaration of
35compliance with requirements, and examiner must consider the requirements
and make recommendations with reasons) substitute—

“(4) In this section and sections 212A and 213 “the drafting requirements”
means the requirements of this Part and CIL regulations (including the
requirements to have regard to the matters listed in section 211(2) and
40(4)), so far as relevant to the drafting of the schedule.

(7) The examiner must consider whether the drafting requirements have
been complied with and—

(a) make recommendations in accordance with section 212A, and

(b) give reasons for the recommendations.”

(4) After section 212 insert—

“212A Charging schedule: examiner’s recommendations

(1) 5This section applies in relation to the examination, under section 212, of
a draft charging schedule.

(2) If the examiner considers—

(a) that there is any respect in which the drafting requirements
have not been complied with, and

(b) 10that the non-compliance with the drafting requirements cannot
be remedied by the making of modifications to the draft,

the examiner must recommend that the draft be rejected.

(3) Subsection (4) applies if the examiner considers—

(a) that there is any respect in which the drafting requirements
15have not been complied with, and

(b) that the non-compliance with the drafting requirements could
be remedied by the making of modifications to the draft.

(4) The examiner must—

(a) specify the respects in which the drafting requirements have not
20been complied with,

(b) recommend modifications that the examiner considers
sufficient and necessary to remedy that non-compliance, and

(c) recommend that the draft be approved with—

(i) those modifications, or

(ii) 25other modifications sufficient and necessary to remedy
that non-compliance.

(5) Subject to subsections (2) to (4), the examiner must recommend that the
draft be approved.

(6) If the examiner makes recommendations under subsection (4), the
30examiner may recommend other modifications with which the draft
should be approved in the event that it is approved.

(7) If the examiner makes recommendations under subsection (5), the
examiner may recommend modifications with which the draft should
be approved in the event that it is approved.”

(5) 35For section 213(1) (charging authority has to follow examiner’s
recommendations when approving charging schedule) substitute—

“(1) A charging authority may approve a charging schedule only if—

(a) the examiner makes recommendations under section 212A(4) or
(5), and

(b) 40the charging authority has had regard to those
recommendations and the examiner’s reasons for them.

(1A) Accordingly, a charging authority may not approve a charging
schedule if, under section 212A(2), the examiner recommends rejection.

(1B) If the examiner makes recommendations under section 212A(4), the
charging authority may approve the charging schedule only if it does
so with modifications that are sufficient and necessary to remedy the
non-compliance specified under section 212A(4)(a) (although those
5modifications need not be the ones recommended under section
212A(4)(b)).

(1C) If a charging authority approves a charging schedule, it may do so with
all or none, or some one or more, of the modifications (if any)
recommended under section 212A(6) or (7).

(1D) 10The modifications with which a charging schedule may be approved
include only—

(a) modifications required by subsection (1B), and

(b) modifications allowed by subsection (1C).”

(6) In section 213 (approval of charging schedules) after subsection (3) insert—

“(3A) 15Subsection (3B) applies if—

(a) the examiner makes recommendations under section 212A(4),
and

(b) the charging schedule is approved by the charging authority.

(3B) The charging authority must publish a report setting out how the
20charging schedule as approved remedies the non-compliance specified
under section 212A(4)(a).

(3C) CIL regulations may make provision about the form or contents of a
report under subsection (3B).”

(7) In section 213 after subsection (4) insert—

“(5) 25In this section “examiner” means examiner under section 212.”

(8) The amendments made by this section do not apply in relation to cases where
an examiner submits recommendations to a charging authority before the
coming into force of this section, but subject to that the cases in relation to
which the amendments apply include a case in which steps in relation to the
30charging schedule have been taken before then.

103 Use of Community Infrastructure Levy

(1) The Planning Act 2008 is amended as follows.

(2) In section 205 (establishment and overall purpose of the levy) after subsection
(2) (overall purpose relates to funding of costs incurred in providing
35infrastructure) insert—

“(2A) In subsection (2) “providing”, in relation to infrastructure, includes—

(a) providing it initially, and

(b) providing it on an ongoing basis.”

(3) In section 216 (application of levy)—

(a) 40in subsection (4) (matters that may be specified by regulations) after
paragraph (a) insert—

“(aa) maintenance, operational and promotional activities
that may or are to be, or may not be, funded by CIL,”,
and”

(b) in subsection (6)(b) (regulations about funding may permit levy to be
reserved for expenditure on future projects) after “future projects”
insert “or for expenditure on future ongoing costs”.

(4) After section 216 insert—

“216A 5 Duty to pass receipts to other persons

(1) CIL regulations may require that CIL received in respect of
development of land in an area is to be passed by the charging
authority that charged the CIL to a person other than that authority.

(2) CIL regulations must contain provision to secure that money passed to
10a person in discharge of a duty under subsection (1) is used to fund
infrastructure to support the development of—

(a) the area to which the duty relates, or

(b) any part of that area.

(3) A duty under subsection (1) may relate to—

(a) 15the whole of a charging authority’s area or the whole of the
combined area of two or more charging authorities, or

(b) part only of such an area or combined area.

(4) CIL regulations may make provision about the persons to whom CIL
may or must, or may not, be passed in discharge of a duty under
20subsection (1).

(5) A duty under subsection (1) may relate—

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

(b) such part of that CIL as is specified in, or determined under or
25in accordance with, CIL regulations.

(6) CIL regulations may make provision in connection with the timing of
payments in discharge of a duty under subsection (1).

(7) CIL regulations may, in relation to CIL passed to a person in discharge
of a duty under subsection (1), make provision about—

(a) 30accounting for the CIL,

(b) monitoring its use,

(c) reporting on its use,

(d) responsibilities of charging authorities for things done by the
person in connection with the CIL,

(e) 35recovery of the CIL, and any income or profits accruing in
respect of it or from its application, in cases where—

(i) infrastructure to be funded by it has not been provided,
or

(ii) it has been misapplied,

40including recovery of sums or other assets representing it or any
such income or profits, and

(f) use of anything recovered in cases where—

(i) infrastructure to be funded by the CIL has not been
provided, or

(ii) 45the CIL has been misapplied.

(8) This section does not limit section 216(7)(f).”

CHAPTER 3 Neighbourhood planning

104 Neighbourhood planning

(1) Schedule 9 (which makes provision about neighbourhood development orders
and neighbourhood development plans) has effect.

(2) 5After Schedule 4A to the Town and Country Planning Act 1990 insert the
Schedule 4B set out in Schedule 10 to this Act.

(3) After the inserted Schedule 4B to that Act insert the Schedule 4C set out in
Schedule 11 to this Act.

105 Charges for meeting costs relating to neighbourhood planning

(1) 10The Secretary of State may with the consent of the Treasury make regulations
providing for the imposition of charges for the purpose of meeting expenses
incurred (or expected to be incurred) by local planning authorities in, or in
connection with, the exercise of their neighbourhood planning functions.

(2) A local planning authority’s “neighbourhood planning functions” are any of
15their functions exercisable under any provision made by or under—

(a) any of sections 61E to 61Q of, or Schedule 4B or 4C to, the Town and
Country Planning Act 1990 (neighbourhood development orders),

(b) any of sections 38A to 38C of the Planning and Compulsory Purchase
Act 2004 (neighbourhood development plans), or

(c) 20this section.

(3) The regulations must secure—

(a) that the charges are payable in relation to development for which
planning permission is granted by a neighbourhood development
order made under section 61E of the Town and Country Planning Act
251990,

(b) that the charges become payable when the development is commenced
(determined in accordance with the regulations), and

(c) that the charges are payable to local planning authorities.

(4) The regulations may authorise local planning authorities to set the amount of
30charges imposed by the regulations; and, if so, the regulations may—

(a) provide for the charges not to be payable at any time unless at that time
a document (a “charging document”) has been published by the
authority setting out the amounts chargeable under the regulations in
relation to development in their area,

(b) 35make provision about the approval and publication of a charging
document,

(c) prescribe matters to which the authorities must have regard in setting
the charges,

(d) require the authorities, in setting the charges, to disregard such
40expenditure expected to be incurred as mentioned in subsection (1) as
falls within a description prescribed by the regulations,

(e) authorise the authorities to set different charges for different cases,
circumstances or areas (either generally or only to the extent specified
in the regulations), and

(f) authorise the authorities to make exceptions (either generally or only to
the extent specified in the regulations).

(5) The regulations must make provision about liability to pay a charge imposed
by the regulations.

(6) 5The regulations may make provision—

(a) enabling any person to assume (in accordance with any procedural
provision made by the regulations) the liability to pay a charge
imposed by the regulations before it becomes payable,

(b) about assumption of partial liability,

(c) 10about the withdrawal of assumption of liability,

(d) about the cancellation by a local planning authority of assumption of
liability,

(e) for the owner or developer of land to be liable to pay the charge in cases
prescribed by the regulations,

(f) 15about joint liability (with or without several liability),

(g) about liability of partnerships,

(h) about apportionment of liability, including provision for referral to a
specified body or other person for determination and provision for
appeals, and

(i) 20about transfer of liability (whether before or after the charge becomes
due and whether or not liability has been assumed).

(7) In subsection (6)(e)—

(a) “owner” of land means a person who owns an interest in land, and

(b) “developer” means a person who is wholly or partly responsible for
25carrying out a development.

(8) The provision for appeals that may be made as a result of subsection (6)(h)
includes provision about—

(a) the period within which the right of appeal may be exercised,

(b) the procedure on appeals, and

(c) 30the payment of fees, and award of costs, in relation to appeals
(including provision requiring local planning authorities to bear
expenses incurred in connection with appeals).

106 Regulations under section 105: collection and enforcement

(1) Regulations under section 105 must include provision about the collection of
35charges imposed by the regulations.

(2) The regulations may make provision—

(a) for payment on account or by instalments,

(b) about repayment (with or without interest) in cases of overpayment,
and

(c) 40about the source of payments in respect of a Crown interest or Duchy
interest (within the meaning of section 227(3) or (4) of the Planning Act
2008).

(3) Regulations under section 105 must include provision about enforcement of
charges imposed by the regulations; and that provision must include
45provision—

(a) for a charge (or other amount payable under the regulations) to be
treated as a civil debt due to a local planning authority, and

(b) for the debt to be recoverable summarily.

(4) The regulations may make provision—

(a) 5about the consequences of failure to assume liability, to give a notice or
to comply with another procedure under the regulations,

(b) for the payment of interest (at a rate specified in, or determined in
accordance with, the regulations),

(c) for the imposition of a penalty or surcharge (of an amount specified in,
10or determined in accordance with, the regulations),

(d) replicating or applying (with or without modifications) any provision
made by any of sections 324 to 325A of the Town and Country Planning
Act 1990 (rights of entry), and

(e) for enforcement in the case of death or insolvency of a person liable for
15the charge.

107 Regulations under section 105: supplementary

(1) Regulations under section 105 may make provision about procedures to be
followed in connection with charges imposed by the regulations.

(2) The regulations may make provision about—

(a) 20procedures to be followed by a local planning authority proposing to
start or stop imposing a charge,

(b) procedures to be followed by a local planning authority in relation to
the imposition of a charge,

(c) the arrangements of a local planning authority for the making of any
25decision prescribed by the regulations,

(d) consultation,

(e) the publication or other treatment of reports,

(f) timing and methods of publication,

(g) making documents available for inspection,

(h) 30providing copies of documents (with or without charge),

(i) the form and content of documents,

(j) giving notice,

(k) serving notices or other documents, and

(l) procedures to be followed in connection with actual or potential
35liability for a charge.

(3) Provision made by the regulations as a result of subsection (2)(c) is to have
effect despite provision made by any enactment as to the arrangements of a
local planning authority for the exercise of their functions (such as section 101
of the Local Government Act 1972 or section 13 of the Local Government Act
402000).

(4) Regulations under section 105 may make provision binding the Crown.

(5) Regulations under section 105 may make—

(a) provision applying any enactment (with or without modifications), and

(b) provision for exceptions.

(6) A local planning authority must have regard to any guidance issued by the
Secretary of State in the exercise of any of their functions under regulations
under section 105.

(7) For the purposes of sections 105 and 106 and this section “local planning
5authority” means an authority that have made or have power to make—

(a) a neighbourhood development order under section 61E of the Town
and Country Planning Act 1990, or

(b) a neighbourhood development plan under section 38A of the Planning
and Compulsory Purchase Act 2004.

(8) 10Nothing in section 105, 106 or this section that authorises the inclusion of any
particular kind of provision in regulations under section 105 is to be read as
restricting the generality of the provision that may be included in the
regulations.

108 Financial assistance in relation to neighbourhood planning

(1) 15The Secretary of State may do anything that the Secretary of State considers
appropriate—

(a) for the purpose of publicising or promoting the making of
neighbourhood development orders or neighbourhood development
plans and the benefits expected to arise from their making, or

(b) 20for the purpose of giving advice or assistance to anyone in relation to
the making of proposals for such orders or plans or the doing of
anything else for the purposes of, or in connection with, such proposals
or such orders or plans.

(2) The things that the Secretary of State may do under this section include, in
25particular—

(a) the provision of financial assistance (or the making of arrangements for
its provision) to any body or other person, and

(b) the making of agreements or other arrangements with any body or
other person (under which payments may be made to the person).

(3) 30In this section—

(a) the reference to giving advice or assistance includes providing training
or education,

(b) any reference to the provision of financial assistance is to the provision
of financial assistance by any means (including the making of a loan
35and the giving of a guarantee or indemnity),

(c) any reference to a neighbourhood development order is to a
neighbourhood development order under section 61E of the Town and
Country Planning Act 1990, and

(d) any reference to a neighbourhood development plan is to a
40neighbourhood development plan under section 38A of the Planning
and Compulsory Purchase Act 2004.

109 Consequential amendments

Schedule 12 (neighbourhood planning: consequential amendments) has effect.

CHAPTER 4 Consultation

110 Consultation before applying for planning permission

(1) In the Town and Country Planning Act 1990, before section 62 (and before the
italic heading which precedes that section) insert—

5“Consultation before applying for planning permission

61W Requirement to carry out pre-application consultation

(1) Where—

(a) a person proposes to make an application for planning
permission for the development of any land in England, and

(b) 10the proposed development is of a description specified in a
development order,

the person must carry out consultation on the proposed application in
accordance with subsections (2) and (3).

(2) The person must publicise the proposed application in such manner as
15the person reasonably considers is likely to bring the proposed
application to the attention of a majority of the persons who live at, or
otherwise occupy, premises in the vicinity of the land.

(3) The person must consult each specified person about the proposed
application.

(4) 20Publicity under subsection (2) must—

(a) set out how the person (“P”) may be contacted by persons
wishing to comment on, or collaborate with P on the design of,
the proposed development, and

(b) give such information about the proposed timetable for the
25consultation as is sufficient to ensure that persons wishing to
comment on the proposed development may do so in good
time.

(5) In subsection (3) “specified person” means a person specified in, or of a
description specified in, a development order.

(6) 30Subsection (1) does not apply—

(a) if the proposed application is an application under section
293A, or

(b) in cases specified in a development order.

(7) A person subject to the duty imposed by subsection (1) must, in
35complying with that subsection, have regard to the advice (if any) given
by the local planning authority about local good practice.

61X Duty to take account of responses to consultation

(1) Subsection (2) applies where a person—

(a) has been required by section 61W(1) to carry out consultation
40on a proposed application for planning permission, and

(b) proposes to go ahead with making an application for planning
permission (whether or not in the same terms as the proposed
application).

(2) The person must, when deciding whether the application that the
5person is actually to make should be in the same terms as the proposed
application, have regard to any responses to the consultation that the
person has received.

61Y Power to make supplementary provision

(1) A development order may make provision about, or in connection
10with, consultation which section 61W(1) requires a person to carry out
on a proposed application for planning permission.

(2) The provision that may be made under subsection (1) includes (in
particular)—

(a) provision about, or in connection with, publicising the
15proposed application;

(b) provision about, or in connection with, the ways of responding
to the publicity;

(c) provision about, or in connection with, consultation under
section 61W(3);

(d) 20provision about, or in connection with, collaboration between
the person and others on the design of the proposed
development;

(e) provision as to the timetable (including deadlines) for—

(i) compliance with section 61W(1),

(ii) 25responding to publicity under section 61W(2), or

(iii) responding to consultation under section 61W(3);

(f) provision for the person to prepare a statement setting out how
the person proposes to comply with section 61W(1);

(g) provision for the person to comply with section 61W(1) in
30accordance with a statement required by provision under
paragraph (f).

(a)(a)provision about, or in connection with, publicising the
proposed application;

(b) provision about, or in connection with, the ways of responding
35to the publicity;

(c) provision about, or in connection with, consultation under
section 61W(3);

(d) provision about, or in connection with, collaboration between
the person and others on the design of the proposed
40development;

(e) provision as to the timetable (including deadlines) for—

(i) compliance with section 61W(1),

(ii) responding to publicity under section 61W(2), or

(iii) responding to consultation under section 61W(3);

(f) 45provision for the person to prepare a statement setting out how
the person proposes to comply with section 61W(1);

(g) provision for the person to comply with section 61W(1) in
accordance with a statement required by provision under
paragraph (f).

(3) 50Provision under subsection (1) may be different for different cases.”

(2) In section 62 of the Town and Country Planning Act 1990 (applications for
planning permission) after subsection (6) insert—

“(7) In subsection (8) “a relevant application” means the application for
planning permission in a case where a person—

(a) 55has been required by section 61W(1) to carry out consultation
on a proposed application for planning permission, and

(b) is going ahead with making an application for planning
permission (whether or not in the same terms as the proposed
application).

(8) 60A development order must require that a relevant application be
accompanied by particulars of—

(a) how the person complied with section 61W(1),

(b) any responses to the consultation that were received by the
person, and

(c) 65the account taken of those responses.”