(ii) in paragraph (b), the reference to Part 1 of the Land
Compensation Act 1973 were a reference to Part 1 of
the Land Compensation (Scotland) Act 1973.”

127 Timetables for reports and decisions on applications for development
5consent

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

(2) In section 98(3) (Examining authority must report on application within 3
months beginning with deadline for completing its examination) for the words
from “beginning” onwards substitute “beginning with—

(a) 10the deadline for completion of its examination of the
application, or

(b) (if earlier) the end of the day on which it completes the
examination.”

(3) In section 107(1) (which provides for the application to be decided within 3
15months of the start day but is amended by this Act to provide for decision
within 3 months of the deadline under section 98(3))—

(a) for “with the” substitute “with—

(a) the”, and

(b) at the end insert “, or

(b) 20(if earlier) the end of the day on which the Secretary of
State receives a report on the application under section
74(2)(b) or 83(1)(b).”

128 Development consent subject to requirement for further approval

In section 120(2) of the Planning Act 2008 (provision relating to requirements
25that may be included in order granting development consent)—

(a) after “in particular include” insert “—

(a)”, and

(b) after “development” insert “;

(b) requirements to obtain the approval of the Secretary of
30State or any other person, so far as not within paragraph
(a)”.

129 Changes to notice requirements for compulsory acquisition

(1) Section 134 of the Planning Act 2008 (notice of authorisation of compulsory
acquisition) is amended as follows.

(2) 35In subsection (3) (steps the prospective purchaser must take after order
granting development consent is made that includes provision authorising
compulsory acquisition)—

(a) before paragraph (a) insert—

“(za) make a copy of the order available, at a place in the
40vicinity of the land, for inspection by the public at all
reasonable hours,”, and

(b) in paragraph (a) omit “and a copy of the order”.

(3) In subsection (7) (contents of a compulsory acquisition notice) before the “and”

at the end of paragraph (c) insert—

“(ca) stating where and when a copy of the order is available for
inspection in accordance with subsection (3)(za),”.

(4) Omit subsection (8) (compulsory acquisition notice affixed to object on or near
5the order land to say where order granting development consent can be
inspected).

CHAPTER 7 Other planning matters

130 Applications for planning permission: local finance considerations

(1) Section 70 of the Town and Country Planning Act 1990 (determination of
10applications for planning permission: general considerations) is amended as
follows.

(2) In subsection (2) (local planning authority to have regard to material
considerations in dealing with applications) for the words from “to the
provisions” to the end substitute “to—

(a) 15the provisions of the development plan, so far as material to the
application,

(b) any local finance considerations, so far as material to the
application, and

(c) any other material considerations.”

(3) 20After subsection (2) insert—

“(2A) Subsection (2)(b) does not apply in relation to Wales.”

(4) After subsection (3) insert—

“(4) In this section—

• “local finance consideration” means—

  (a)

  25a grant or other financial assistance that has been, or will
  or could be, provided to a relevant authority by a
  Minister of the Crown, or

  (b)

  sums that a relevant authority has received, or will or
  could receive, in payment of Community Infrastructure
  30Levy;

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

• “relevant authority” means—

  (a)

  a district council;

  (b)

  35a county council in England;

  (c)

  the Mayor of London;

  (d)

  the council of a London borough;

  (e)

  a Mayoral development corporation;

  (f)

  an urban development corporation;

  (g)

  40a housing action trust;

  (h)

  the Council of the Isles of Scilly;

  (i)

  the Broads Authority;

  Localism BillPage 122

  (j)

  a National Park authority in England;

  (k)

  the Homes and Communities Agency; or

  (l)

  a joint committee established under section 29 of the
  Planning and Compulsory Purchase Act 2004.”

131 5Application of this Part to the Crown

An amendment made by this Part in—

(a) the Town and Country Planning Act 1990,

(b) the Planning (Listed Buildings and Conservation Areas) Act 1990,

(c) the Planning and Compulsory Purchase Act 2004, or

(d) 10the Planning Act 2008,

binds the Crown.

Part 6 Housing

CHAPTER 1 Allocation and homelessness

15Allocation

132 Allocation of housing accommodation

(1) Section 159 of the Housing Act 1996 (allocation of housing accommodation) is
amended as follows.

(2) After subsection (4) insert—

“(4A) 20Subject to subsection (4B), the provisions of this Part do not apply to an
allocation of housing accommodation by a local housing authority in
England to a person who is already—

(a) a secure or introductory tenant, or

(b) an assured tenant of housing accommodation held by a private
25registered provider of social housing or a registered social
landlord.

(4B) The provisions of this Part apply to an allocation of housing
accommodation by a local housing authority in England to a person
who falls within subsection (4A)(a) or (b) if—

(a) 30the allocation involves a transfer of housing accommodation for
that person,

(b) the application for the transfer is made by that person, and

(c) the authority is satisfied that the person is to be given
reasonable preference under section 166A(3).”

(3) 35In subsection (5) after “accommodation” (in the first place it occurs) insert “by
a local housing authority in Wales”.

133 Allocation only to eligible and qualifying persons: England

(1) In the Housing Act 1996 before section 160A insert—

“160ZA Allocation only to eligible and qualifying persons: England

(1) A local housing authority in England shall not allocate housing
5accommodation—

(a) to a person from abroad who is ineligible for an allocation of
housing accommodation by virtue of subsection (2) or (4), or

(b) to two or more persons jointly if any of them is a person
mentioned in paragraph (a).

(2) 10A person subject to immigration control within the meaning of the
Asylum and Immigration Act 1996 is ineligible for an allocation of
housing accommodation by a local housing authority in England
unless he is of a class prescribed by regulations made by the Secretary
of State.

(3) 15No person who is excluded from entitlement to housing benefit by
section 115 of the Immigration and Asylum Act 1999 (exclusion from
benefits) shall be included in any class prescribed under subsection (2).

(4) The Secretary of State may by regulations prescribe other classes of
persons from abroad who are ineligible to be allocated housing
20accommodation by local housing authorities in England.

(5) Nothing in subsection (2) or (4) affects the eligibility of a person who
falls within section 159(4B).

(6) Except as provided by subsection (1), a person may be allocated
housing accommodation by a local housing authority in England
25(whether on his application or otherwise) if that person—

(a) is a qualifying person within the meaning of subsection (7), or

(b) is one of two or more persons who apply for accommodation
jointly, and one or more of the other persons is a qualifying
person within the meaning of subsection (7).

(7) 30Subject to subsections (2) and (4) and any regulations under subsection
(8), a local housing authority may decide what classes of persons are, or
are not, qualifying persons.

(8) The Secretary of State may by regulations—

(a) prescribe classes of persons who are, or are not, to be treated as
35qualifying persons by local housing authorities in England, and

(b) prescribe criteria that may not be used by local housing
authorities in England in deciding what classes of persons are
not qualifying persons.

(9) If a local housing authority in England decide that an applicant for
40housing accommodation—

(a) is ineligible for an allocation by them by virtue of subsection (2)
or (4), or

(b) is not a qualifying person,

they shall notify the applicant of their decision and the grounds for it.

(10) 45That notice shall be given in writing and, if not received by the
applicant, shall be treated as having been given if it is made available at

the authority’s office for a reasonable period for collection by him or on
his behalf.

(11) A person who is not being treated as a qualifying person may (if he
considers that he should be treated as a qualifying person) make a fresh
5application to the authority for an allocation of housing
accommodation by them.”

(2) Section 160A (allocation only to eligible persons) is amended as follows—

(a) in the heading after “persons” insert “: Wales”,

(b) in subsection (1) after “authority” insert “in Wales”,

(c) 10in subsection (2) after “authority” insert “in Wales”,

(d) in subsection (3) after “authority” insert “in Wales”,

(e) in subsection (5)—

(i) after “authorities” insert “in Wales”,

(ii) after “authority” insert “in Wales”,

(f) 15in subsection (6) after “authority” insert “in Wales”,

(g) in subsection (7) after “authority” insert “in Wales”,

(h) in subsection (9) after “authority” insert “in Wales”, and

(i) in subsection (11) after “authority” insert “in Wales”.

134 Allocation schemes

(1) 20The Housing Act 1996 is amended as follows.

(2) In section 166 (applications for housing accommodation)—

(a) after subsection (1) insert—

“(1A) A local housing authority in England shall secure that an
applicant for an allocation of housing accommodation is
25informed that he has the rights mentioned in section 166A(9).”,
and”

(b) in subsection (2) after “authority” insert “in Wales”.

(3) For the heading before section 167 substitute “Allocation schemes”.

(4) Before section 167 insert—

“166A 30 Allocation in accordance with allocation scheme: England

(1) Every local housing authority in England must have a scheme (their
“allocation scheme”) for determining priorities, and as to the procedure
to be followed, in allocating housing accommodation.

For this purpose “procedure” includes all aspects of the allocation
35process, including the persons or descriptions of persons by whom
decisions are taken.

(2) The scheme must include a statement of the authority’s policy on
offering people who are to be allocated housing accommodation—

(a) a choice of housing accommodation; or

(b) 40the opportunity to express preferences about the housing
accommodation to be allocated to them.

(3) As regards priorities, the scheme shall, subject to subsection (4), be
framed so as to secure that reasonable preference is given to—

(a) people who are homeless (within the meaning of Part 7);

(b) people who are owed a duty by any local housing authority
under section 190(2), 193(2) or 195(2) (or under section 65(2) or
68(2) of the Housing Act 1985) or who are occupying
5accommodation secured by any such authority under section
192(3);

(c) people occupying insanitary or overcrowded housing or
otherwise living in unsatisfactory housing conditions;

(d) people who need to move on medical or welfare grounds
10(including any grounds relating to a disability); and

(e) people who need to move to a particular locality in the district
of the authority, where failure to meet that need would cause
hardship (to themselves or to others).

The scheme may also be framed so as to give additional preference to
15particular descriptions of people within this subsection (being
descriptions of people with urgent housing needs).

(4) People are to be disregarded for the purposes of subsection (3) if they
would not have fallen within paragraph (a) or (b) of that subsection
without the local housing authority having had regard to a restricted
20person (within the meaning of Part 7).

(5) The scheme may contain provision for determining priorities in
allocating housing accommodation to people within subsection (3); and
the factors which the scheme may allow to be taken into account
include—

(a) 25the financial resources available to a person to meet his housing
costs;

(b) any behaviour of a person (or of a member of his household)
which affects his suitability to be a tenant;

(c) any local connection (within the meaning of section 199) which
30exists between a person and the authority’s district.

(6) Subject to subsection (3), the scheme may contain provision about the
allocation of particular housing accommodation—

(a) to a person who makes a specific application for that
accommodation;

(b) 35to persons of a particular description (whether or not they are
within subsection (3)).

(7) The Secretary of State may by regulations—

(a) specify further descriptions of people to whom preference is to
be given as mentioned in subsection (3), or

(b) 40amend or repeal any part of subsection (3).

(8) The Secretary of State may by regulations specify factors which a local
housing authority in England must not take into account in allocating
housing accommodation.

(9) The scheme must be framed so as to secure that an applicant for an
45allocation of housing accommodation—

(a) has the right to request such general information as will enable
him to assess—

(i) how his application is likely to be treated under the
scheme (including in particular whether he is likely to

be regarded as a member of a group of people who are
to be given preference by virtue of subsection (3)); and

(ii) whether housing accommodation appropriate to his
needs is likely to be made available to him and, if so,
5how long it is likely to be before such accommodation
becomes available for allocation to him;

(b) has the right to request the authority to inform him of any
decision about the facts of his case which is likely to be, or has
been, taken into account in considering whether to allocate
10housing accommodation to him; and

(c) has the right to request a review of a decision mentioned in
paragraph (b), or in section 160ZA(9), and to be informed of the
decision on the review and the grounds for it.

(10) As regards the procedure to be followed, the scheme must be framed in
15accordance with such principles as the Secretary of State may prescribe
by regulations.

(11) Subject to the above provisions, and to any regulations made under
them, the authority may decide on what principles the scheme is to be
framed.

(12) 20A local housing authority in England must, in preparing or modifying
their allocation scheme, have regard to—

(a) their current homelessness strategy under section 1 of the
Homelessness Act 2002,

(b) their current tenancy strategy under section 137 of the Localism
25Act 2011, and

(c) in the case of an authority that is a London borough council, the
London housing strategy.

(13) Before adopting an allocation scheme, or making an alteration to their
scheme reflecting a major change of policy, a local housing authority in
30England must—

(a) send a copy of the draft scheme, or proposed alteration, to every
private registered provider of social housing and registered
social landlord with which they have nomination arrangements
(see section 159(4)), and

(b) 35afford those persons a reasonable opportunity to comment on
the proposals.

(14) A local housing authority in England shall not allocate housing
accommodation except in accordance with their allocation scheme.”

(5) Section 167 (allocation in accordance with allocation scheme) is amended as
40follows—

(a) in the heading after “scheme” insert “: Wales”,

(b) in subsection (1) after “authority” insert “in Wales”,

(c) in subsection (4) after “authority” insert “in Wales”,

(d) in subsection (7) after “authority” insert “in Wales”, and

(e) 45in subsection (8) after “authority” insert “in Wales”.

(6) In section 172(2) (regulations) before “167(3)” insert “166A(7) or”.

(7) In section 174 (index of defined expressions: Part VI) in the entry for “allocation
scheme” before “167” insert “166A and”.

Homelessness

135 Duties to homeless persons

(1) Section 193 of the Housing Act 1996 (duty to persons with priority need who
are not homeless intentionally) is amended as follows.

(2) 5Omit subsection (3A).

(3) For subsection (5) substitute—

“(5) The local housing authority shall cease to be subject to the duty under
this section if—

(a) the applicant, having been informed by the authority of the
10possible consequence of refusal or acceptance and of the right to
request a review of the suitability of the accommodation,
refuses an offer of accommodation which the authority are
satisfied is suitable for the applicant,

(b) that offer of accommodation is not an offer of accommodation
15under Part 6 or a private rented sector offer, and

(c) the authority notify the applicant that they regard themselves as
ceasing to be subject to the duty under this section.”

(4) In subsection (7) after “refusal” insert “or acceptance”.

(5) In subsection (7AA)—

(a) 20omit “In a restricted case”,

(b) after “informed” insert “in writing”, and

(c) in paragraph (a) for “private accommodation offer” substitute “private
rented sector offer”.

(6) In subsection (7AB)—

(a) 25in paragraph (a) after “refusal” insert “or acceptance”, and

(b) at the end of paragraph (b) insert “, and

(c) in a case which is not a restricted case, the effect under
section 195A of a further application to a local housing
authority within two years of acceptance of the offer.”

(7) 30In subsection (7AC) for “private accommodation offer” substitute “private
rented sector offer”.

(8) Omit subsections (7B) to (7E).

(9) In subsection (7F)—

(a) at the end of paragraph (a) insert “or”,

(b) 35in paragraph (ab) for “private accommodation offer” substitute
“private rented sector offer”,

(c) omit paragraph (b), and

(d) in the words following that paragraph for “it is reasonable for him to
accept the offer” substitute “subsection (8) does not apply to the
40applicant.”

(10) For subsection (8) substitute—

“(8) This subsection applies to an applicant if—

(a) the applicant is under contractual or other obligations in respect
of the applicant’s existing accommodation, and

(b) the applicant is not able to bring those obligations to an end
before being required to take up the offer.”

(11) 5After subsection (9) insert—

“(10) The appropriate authority may provide by regulations that subsection
(7AC)(c) is to have effect as if it referred to a period of the length
specified in the regulations.

(11) Regulations under subsection (10)—

(a) 10may not specify a period of less than 12 months, and

(b) may not apply to restricted cases.

(12) In subsection (10) “the appropriate authority”—

(a) in relation to local housing authorities in England, means the
Secretary of State;

(b) 15in relation to local housing authorities in Wales, means the
Welsh Ministers.”

136 Duties to homeless persons: further amendments

(1) The Housing Act 1996 is amended as follows.

(2) In section 188 after subsection (1) insert—

“(1A) 20But if the local housing authority have reason to believe that the duty
under section 193(2) may apply in relation to an applicant in the
circumstances referred to in section 195A(1), they shall secure that
accommodation is available for the applicant’s occupation pending a
decision of the kind referred to in subsection (1) regardless of whether
25the applicant has a priority need.”

(3) In section 195—

(a) omit subsection (3A), and

(b) in subsection (4B) for “(3A) to” substitute “(4) and”.

(4) After section 195 insert—

“195A 30 Re-application after private rented sector offer

(1) If within two years beginning with the date on which an applicant
accepts an offer under section 193(7AA) (private rented sector offer),
the applicant re-applies for accommodation, or for assistance in
obtaining accommodation, and the local housing authority—

(a) 35is satisfied that the applicant is homeless and eligible for
assistance, and

(b) is not satisfied that the applicant became homeless
intentionally,

the duty under section 193(2) applies regardless of whether the
40applicant has a priority need.

(2) For the purpose of subsection (1), an applicant in respect of whom a
valid notice under section 21 of the Housing Act 1988 (orders for
possession on expiry or termination of assured shorthold tenancy) has

been given is to be treated as homeless from the date on which that
notice expires.

(3) If within two years beginning with the date on which an applicant
accepts an offer under section 193(7AA), the applicant re-applies for
5accommodation, or for assistance in obtaining accommodation, and the
local housing authority—

(a) is satisfied that the applicant is threatened with homelessness
and eligible for assistance, and

(b) is not satisfied that the applicant became threatened with
10homelessness intentionally,

the duty under section 195(2) applies regardless of whether the
applicant has a priority need.

(4) For the purpose of subsection (3), an applicant in respect of whom a
valid notice under section 21 of the Housing Act 1988 has been given is
15to be treated as threatened with homelessness from the date on which
that notice is given.

(5) Subsection (1) or (3) does not apply to a case where the local housing
authority would not be satisfied as mentioned in that subsection
without having regard to a restricted person.

(6) 20Subsection (1) or (3) does not apply to a re-application by an applicant
for accommodation, or for assistance in obtaining accommodation, if
the immediately preceding application made by that applicant was one
to which subsection (1) or (3) applied.”

(5) Section 198 (referral to another local housing authority) is amended as follows.

(6) 25After subsection (2) insert—

“(2ZA) The conditions for referral of the case to another authority are also met
if—

(a) the application is made within the period of two years
beginning with the date on which the applicant accepted an
30offer from the other authority under section 193(7AA)(private
rented sector offer), and

(b) neither the applicant nor any person who might reasonably be
expected to reside with the applicant will run the risk of
domestic violence in the district of the other authority.”

(7) 35In subsection (2A) after “(2)” insert “or (2ZA)”.

(8) In subsection (3) after “(2)” insert “, (2ZA)”.

(9) In section 202(1)(g) (right to request review of decision) for “private
accommodation offer” substitute “private rented sector offer”.