Previous Next

Contents page 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-279 280-289 290-299 Last page

Localism BillPage 190

(a)(a)guidance specifying or describing the bodies or persons whom
the Secretary of State considers the Mayor should consult in
preparing or revising the London Environment Strategy or, as
the case may be, the provisions dealing with a matter specified
5in the guidance;

(b) guidance as to the evidence of environmental change or its
consequences, or the predictions of environmental change or its
consequences, to which the Secretary of State considers the
Mayor should have regard in preparing or revising that
10Strategy or, as the case may be, the provisions dealing with a
matter specified in the guidance.

(4) In preparing or revising the London Environment Strategy the Mayor
must have regard to any relevant guidance given under this section.

351C Directions as to the content of the London Environment Strategy

(1) 15Where the Secretary of State considers that any of the conditions
specified in subsection (2) is satisfied in relation to any provisions of the
London Environment Strategy, the Secretary of State may give the
Mayor a direction as to the content of those provisions.

(2) The conditions are—

(a) 20that the provisions are inconsistent with any policies
announced by Her Majesty’s government with respect to the
matters to which they relate and the inconsistency would have
a detrimental effect on achieving any of the objectives of those
policies;

(b) 25that the provisions or their implementation are likely to be
detrimental to any area outside Greater London;

(c) that the provisions are inconsistent with any EU obligation of
the United Kingdom.

(3) A direction under this section may require the Mayor to make specified
30revisions of the London Environmental Strategy.

(4) The power of the Secretary of State to give a direction under this section
may only be exercised after consultation with the Mayor.

(5) Where the Secretary of State gives a direction under this section, the
Mayor must comply with the direction.

(2) 35Schedule 23 (which contains minor and consequential amendments to the
Greater London Authority Act 1999 relating to the London Environment
Strategy) has effect.

213 Abolition of Mayor’s duty to prepare state of the environment reports

Section 351 of the Greater London Authority Act 1999 (which provides for
40four-yearly reports by the Mayor on the environment in Greater London)
ceases to have effect.

214 Mayoral strategies: general duties

(1) Section 41 of the Greater London Authority Act 1999 (general duties of the
Mayor in relation to his strategies) is amended as follows.

Localism BillPage 191

(2) In subsection (5)(a), for “and with such international obligations” substitute “,
with the EU obligations of the United Kingdom and with such other
international obligations of the United Kingdom”.

(3) After subsection (9) insert—

(9A) 5In exercising any function the Mayor must have regard to any strategy
mentioned in subsection (1) which is relevant to the exercise of that
function.

(4) Subsection (10) ceases to have effect.

215 Simplification of the consultation process for the Mayor’s strategies

(1) 10Section 42A of the Greater London Authority Act 1999 (which requires the
Mayor to follow a two stage process in preparing or revising a strategy to
which section 42 applies) ceases to have effect.

(2) In section 335 of that Act (public participation in preparation of the spatial
development strategy)—

(a) 15subsections (1) to (1B) cease to have effect,

(b) in subsection (2), for the words from the beginning to “finally”
substitute “Before”, and

(c) in subsection (3), after paragraph (a) insert—

(aa) the Assembly and the functional bodies;.

216 20London Assembly’s power to reject draft strategies

Before section 43 of the Greater London Authority Act 1999 (publicity and
availability of strategies) insert—

42B Assembly’s power to reject draft strategies

(1) This section applies where the Mayor has prepared, and is ready to
25publish, a draft of any of the strategies to which section 41 applies
(including a revised version of the strategy).

(2) But this section does not apply to a revised version of a strategy
containing only revisions which—

(a) are specified in a direction as to the contents of the strategy
30which is given to the Mayor under this Act (or which the Mayor
considers are necessary in consequence of any revisions so
specified); or

(b) are not so specified but the Mayor considers to be necessary to
comply with such a direction.

(3) 35Before publishing the strategy (or, in the case of the housing strategy,
before submitting the draft to the Secretary of State) the Mayor must lay
a copy of the draft before the Assembly in accordance with the standing
orders of the Authority.

(4) The Mayor must not publish the strategy (or, in the case of the housing
40strategy, submit the draft to the Secretary of State) if, within the period
of 21 days beginning with the day on which the copy is laid before the
Assembly, the Assembly resolves to reject the draft.

(5) A motion for the Assembly to reject a draft strategy—

Localism BillPage 192

(a) must be considered at a meeting of the Assembly throughout
which members of the public are entitled to be present; and

(b) is not carried unless it is agreed to by at least two thirds of the
Assembly members voting.

217 5Transport for London: access to meetings and documents etc

(1) Part 5A of the Local Government Act 1972 (access to meetings and documents)
is amended as follows.

(2) Amend section 100J (application of Part 5A to bodies other than principal
councils) in accordance with subsections (3) to (6).

(3) 10In subsection (1) (list of authorities treated as principal councils for the
purposes of the Part) after paragraph (bd) insert—

(be) Transport for London;.

(4) In subsection (3) (reference in section 100A(6)(a) to council’s offices includes
other premises at which meeting to be held) after “(bd),” insert “(be),”.

(5) 15After subsection (3) insert—

(3YA) In its application by virtue of subsection (1)(be) above in relation to
Transport for London, section 100E(3) has effect as if for paragraph (bb)
there were substituted—

(bb) a committee of Transport for London (with
20“committee”, in relation to Transport for London, here
having the same meaning as in Schedule 10 to the
Greater London Authority Act 1999); or.

(6) After subsection (4A) insert—

(4AA) In its application by virtue of subsection (1)(be) above in relation to
25Transport for London, section 100G shall have effect—

(a) with the substitution for subsection (1)(a) and (b) of—

(a) the name of every member of the council for the time
being; and

(b) the name of every member of each committee or sub-
30committee of the council for the time being., and

(b) with the insertion in subsection (2)(b) after “exercisable” of
“, but not an officer by whom such a power is exercisable at least
partly as a result of sub-delegation by any officer”.

(7) In section 100K(1) (interpretation of Part 5A) in the definition of “committee or
35sub-committee of a principal council” for “section 100J(3ZA)(b)” substitute
“section 100J(3YA), (3ZA)(b)”.

Part 8 Compensation for compulsory acquisition

218 Taking account of planning permission when assessing compensation

(1) 40The Land Compensation Act 1961 is amended as follows.

(2) In section 14 (assumptions as to planning permission)—

Localism BillPage 193

(a) before subsection (1) insert—

(A1) This section applies only if the relevant land is in Wales., and

(b) in the side-note for “permission” substitute “permission: land in
Wales”.

(3) 5After that section insert—

14A Taking account of actual or expected planning permission: England

(1) This section is about assessing the value of land in accordance with rule
(2) in section 5 for the purpose of assessing compensation in respect of
a compulsory acquisition of an interest in land in England.

(2) 10In consequence of that rule, account may be taken—

(a) of planning permission, whether for development on the
relevant land or other land, if it is in force at the relevant
valuation date, and

(b) of the prospect, on the assumptions set out in subsection (5) but
15otherwise in the circumstances known to the market at the
relevant valuation date, of planning permission being granted
on or after that date for development, on the relevant land or
other land, other than—

(i) development for which planning permission is in force
20at the relevant valuation date, and

(ii) appropriate alternative development.

(3) In addition, it may be assumed that planning permission is in force at
the relevant valuation date for any development that is appropriate
alternative development.

(4) 25For the purposes of this section, development is “appropriate
alternative development” if—

(a) it is development, on the relevant land alone or on the relevant
land together with other land, other than development for
which planning permission is in force at the relevant valuation
30date, and

(b) on the assumptions set out in subsection (5) but otherwise in the
circumstances known to the market at the relevant valuation
date, planning permission for the development could at that
date reasonably have been expected to be granted on an
35application decided—

(i) on that date, or

(ii) at a time after that date.

(5) The assumptions referred to in subsections (2)(b) and (4)(b) are—

(a) that the scheme of development underlying the acquisition had
40been cancelled on the launch date,

(b) that no action has been taken (including acquisition of any land,
and any development or works) by the acquiring authority
wholly or mainly for the purposes of the scheme,

(c) that there is no prospect of the same scheme, or any other
45project to meet the same or substantially the same need, being
carried out in the exercise of a statutory function or by the
exercise of compulsory purchase powers, and

Localism BillPage 194

(d) if the scheme was for use of the relevant land for or in
connection with the construction of a highway (“the scheme
highway”), that no highway will be constructed to meet the
same or substantially the same need as the scheme highway
5would have been constructed to meet.

(6) In subsection (5)(a) “the launch date” means whichever of the following
dates applies—

(a) if the acquisition is authorised by a compulsory purchase order,
the date of first publication of the notice required under section
1011 of the Acquisition of Land Act 1981 or (as the case may be)
paragraph 2 of Schedule 1 to that Act,

(b) if the acquisition is authorised by any other order—

(i) the date of first publication, or

(ii) the date of service,

15of the first notice that, in connection with the acquisition, is
published or served in accordance with any provision of or
made under any Act, or

(c) if the acquisition is authorised by a special enactment other than
an order, the date of first publication of the first notice that, in
20connection with the acquisition, is published in accordance with
any Standing Order of either House of Parliament relating to
private bills;

and in paragraph (a) “compulsory purchase order” has the same
meaning as in the Acquisition of Land Act 1981.

(7) 25In subsection (5)(d) references to the construction of a highway include
its alteration or improvement.

(8) If there is a dispute as to what is to be taken to be the scheme mentioned
in subsection (5) (“the underlying scheme”) then, for the purposes of
this section, the underlying scheme is to be identified by the Upper
30Tribunal as a question of fact, subject as follows—

(a) the underlying scheme is to be taken to be the scheme provided
for by the Act, or other instrument, which authorises the
compulsory acquisition unless it is shown (by either party) that
the underlying scheme is a scheme larger than, but
35incorporating, the scheme provided for by that instrument, and

(b) except by agreement or in special circumstances, the Upper
Tribunal may permit the acquiring authority to advance
evidence of such a larger scheme only if that larger scheme is
one identified in the following read together—

(i) 40the instrument which authorises the compulsory
acquisition, and

(ii) any documents published with it.

(9) For the purposes of the references to planning permission in
subsections (2)(a) and (b)(i) and (4)(a) and section 14B(1)(c), it is
45immaterial whether any planning permission was granted—

(a) unconditionally or subject to conditions, or

(b) on an ordinary application, on an outline application or by
virtue of a development order,

Localism BillPage 195

or is planning permission that, in accordance with any direction or
provision given or made by or under any enactment, is deemed to have
been granted.

14B Planning permission to be assumed for acquiring authority’s
5proposals

(1) In a case where—

(a) the relevant land is in England,

(b) the relevant interest is to be acquired for purposes which
involve the carrying out of proposals of the acquiring authority
10for development of the relevant land or part of it, and

(c) planning permission for that development is not in force at the
relevant valuation date,

it is to be assumed for the purposes of section 14A(2)(a) and (b)(i) and
(4)(a) that planning permission is in force at the relevant valuation date
15for the development of the relevant land or that part of it, as the case
may be, in accordance with the proposals of the acquiring authority.

(2) For the purposes of subsection (1)(b), no account is to be taken of any
planning permission so granted as not to enure (while the permission
remains in force) for the benefit of the land and of all persons for the
20time being interested in the land.

(4) In section 15 (assumptions not directly derived from development plan) before
subsection (1) insert—

(A1) This section applies only if the relevant land is in Wales.

(5) In section 16 (special assumptions in respect of certain land comprised in
25development plans)—

(a) before subsection (1) insert—

(A1) This section applies only if the relevant land is in Wales., and

(b) in the side-note after “land” insert “in Wales”.

(6) In section 17 (certification of appropriate alternative development)—

(a) 30in subsection (1) after “an interest in land” insert “in Wales”,

(b) omit subsections (10) and (11) (which relate to the Norfolk and Suffolk
Broads), and

(c) in the side-note for “development” substitute “development: Wales”.

(7) After section 17 insert—

17A 35Certificate of appropriate alternative development: England

(1) Where an interest in land in England is proposed to be acquired by an
authority possessing compulsory purchase powers, either of the parties
directly concerned may (subject to subsection (2)) apply to the local
planning authority for a certificate containing whichever of the
40following statements is the applicable statement—

(a) that in the local planning authority’s opinion there is
development that, for the purposes of section 14A, is
appropriate alternative development in relation to the
acquisition;

(b) 45that in the local planning authority’s opinion there is no
development that, for the purposes of section 14A, is

Localism BillPage 196

appropriate alternative development in relation to the
acquisition.

(2) If—

(a) the authority proposing to acquire the interest have served a
5notice to treat in respect of the interest or an agreement has been
made for the sale of the interest to that authority, and

(b) a reference has been made to the Upper Tribunal to determine
the amount of the compensation payable in respect of the
interest,

10no application for a certificate under this section may be made after the
making of that reference by either of the parties directly concerned
except with the consent in writing of the other party directly concerned
or the permission of the Upper Tribunal.

(3) An application for a certificate under this section—

(a) 15must contain whichever of the following statements is the
applicable statement—

(i) that in the applicant’s opinion there is development
that, for the purposes of section 14A, is appropriate
alternative development in relation to the acquisition
20concerned;

(ii) that in the applicant’s opinion there is no development
that, for the purposes of section 14A, is appropriate
alternative development in relation to the acquisition
concerned;

(b) 25must, if it contains a statement under paragraph (a)(i), specify—

(i) each description of development that in the applicant’s
opinion is, for the purposes of section 14A, appropriate
alternative development in relation to the acquisition,
and

(ii) 30the applicant’s reasons for holding that opinion; and

(c) must be accompanied by a statement specifying the date on
which a copy of the application has been or will be served on the
other party directly concerned.

(4) Where an application is made to the local planning authority for a
35certificate under this section in respect of an interest in land, the local
planning authority must not, without the agreement of the other party
directly concerned, issue a certificate to the applicant before the end of
22 days beginning with the date specified in the statement under
subsection (3)(c).

(5) 40If a certificate under this section contains a statement under subsection
(1)(a) it must also—

(a) identify every description of development (whether specified in
the application or not) that in the local planning authority’s
opinion is, for the purposes of section 14A, appropriate
45alternative development in relation to the acquisition
concerned, and

(b) give a general indication—

(i) of any conditions to which planning permission for the
development could reasonably have been expected to be
50subject,

Localism BillPage 197

(ii) of when the permission could reasonably have been
expected to be granted if it is one that could reasonably
have been expected to be granted only at a time after the
relevant valuation date, and

(iii) 5of any pre-condition for granting the permission (for
example, entry into an obligation) that could reasonably
have been expected to have to be met.

(6) If a certificate under this section contains a statement under subsection
(1)(a)—

(a) 10then, for the purposes of section 14A, development is
appropriate alternative development in relation to the
acquisition concerned if, and only if, it is of a description
identified in accordance with subsection (5)(a) in the certificate,
and

(b) 15the matters indicated in accordance with subsection (5)(b) in the
certificate are to be taken to apply in relation to the planning
permission that under section 14A(3) may be assumed to be in
force for that development.

(7) If a certificate under this section contains a statement under subsection
20(1)(b) then, for the purposes of section 14A, there is no development
that is appropriate alternative development in relation to the
acquisition concerned.

(8) References in subsections (5) to (7) to a certificate under this section
include references to the certificate as varied and to any certificate
25issued in place of the certificate.

(9) On issuing to one of the parties directly concerned a certificate under
this section in respect of an interest in land, the local planning authority
must serve a copy of the certificate on the other of those parties.

(10) In assessing any compensation payable to any person in respect of any
30compulsory acquisition, there must be taken into account any expenses
reasonably incurred by the person in connection with the issue of a
certificate under this section (including expenses incurred in
connection with an appeal under section 18A where any of the issues
are determined in the person’s favour).

(11) 35For the purposes of this section and sections 18A to 20, the Broads
Authority is the sole district planning authority for the Broads; and
here “the Broads” has the same meaning as in the Norfolk and Suffolk
Broads Act 1988.

(8) After section 18 (appeal to Welsh Ministers against certificate under section 17)
40insert—

18A Appeal to Upper Tribunal against certificate under section 17A

(1) Where the local planning authority have issued a certificate under
section 17A in respect of an interest in land—

(a) the person for the time being entitled to that interest, or

(b) 45any authority possessing compulsory purchase powers by
whom that interest is proposed to be acquired,

may appeal to the Upper Tribunal against that certificate.

Localism BillPage 198

(2) On any appeal under this section against a certificate, the Upper
Tribunal—

(a) must consider the matters to which the certificate relates as if
the application for a certificate under section 17A had been
5made to the Upper Tribunal in the first place, and

(b) must—

(i) confirm the certificate, or

(ii) vary it, or

(iii) cancel it and issue a different certificate in its place,

10as the Upper Tribunal may consider appropriate.

(3) Where an application is made for a certificate under section 17A, and at
the expiry of the time prescribed by a development order for the issue
of the certificate (or, if an extended period is at any time agreed upon
in writing by the parties and the local planning authority, at the end of
15that period) no certificate has been issued by the local planning
authority in accordance with that section, the preceding provisions of
this section apply as if the local planning authority has issued such a
certificate containing a statement under section 17A(1)(b).

(9) In section 19 (extension of sections 17 and 18 to special cases)—

(a) 20in subsection (1) (surveyor may apply for certificate) for the words after
“certificate” substitute “under section 17 or 17A; and the provisions of
sections 17 and 18 if the land is in Wales, or the provisions of sections
17A and 18A if the land is in England, apply in relation to an
application made by virtue of this subsection as they apply in relation
25to an application made by virtue of section 17(1) or, as the case may be,
section 17A(1).”,

(b) in subsection (3) for “the said section seventeen” substitute “whichever
of sections 17 and 17A is applicable”, and

(c) in the side-note after “17” insert “, 17A”.

(10) 30In section 20 (power to prescribe matters relevant to Part 3)—

(a) in the opening words after “seventeen” insert “, 17A”,

(b) in paragraph (a) after “seventeen” insert “or 17A”, and

(c) in paragraph (c) after “seventeen”, in both places, insert “or 17A”.

(11) In section 22(2) (interpretation of sections 17 and 18) after “eighteen” insert
35“and 17A and 18A”.

Part 9 General

219 Tax

Schedule 24 (provision about tax in connection with certain transfers and
40transfer schemes) has effect.

220 Pre-commencement consultation

(1) Subsections (2) and (3) apply for the purpose of determining whether there has
been compliance with—

(a) a requirement for consultation imposed by this Act,

Localism BillPage 199

(b) a requirement for consultation which applies in relation to things done
under an Act amended by this Act, or

(c) a requirement (whether or not imposed by this Act) to do something in
connection with a consultation under a requirement within paragraph
5(a) or (b).

(2) The fact that a provision of this Act was not in force when consultation took
place or anything was done in connection with a consultation is to be
disregarded in determining whether there has been compliance with the
requirement.

(3) 10The fact that consultation was carried out by a body from whom functions are
transferred by this Act, or anything was done by such a body in connection
with a consultation, is to be disregarded in determining whether there has been
compliance with the requirement by a body to whom those functions are
transferred.

(4) 15Subsection (3) is without prejudice to any other provision of this Act that
applies to the transfer.

(5) References in this section to a requirement imposed by this Act include a
requirement imposed by another Act as a result of its amendment by this Act.

221 Orders and regulations

(1) 20Any power of the Secretary of State, the Treasury or the Welsh Ministers to
make an order or regulations under this Act is exercisable by statutory
instrument.

(2) Any power of the Secretary of State, the Treasury or the Welsh Ministers to
make an order or regulations under this Act includes—

(a) 25power to make different provision for different cases, circumstances or
areas, and

(b) power to make incidental, supplementary, consequential, transitional
or transitory provision or savings.

(3) The power under subsection (2)(a) includes, in particular, power to make
30different provision for different authorities or descriptions of authority
(including descriptions framed by reference to authorities in particular areas).

(4) Provision or savings made under subsection (2)(b) may take the form of
amendments, or revocations, of provisions of an instrument made under
legislation.

(5) 35The generality of the power under subsection (2)(a) is not to be taken to be
prejudiced by any specific provision of this Act authorising differential
provision.

(6) The Secretary of State may not make an order or regulations to which
subsection (7) applies unless a draft of the statutory instrument containing the
40order or regulations (whether alone or with other provisions) has been laid
before, and approved by a resolution of, each House of Parliament.

(7) This subsection applies to—

(a) an order under section 5(3), other than one that is made only for the
purpose mentioned in section 7(5);

Previous Next

Contents page 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-279 280-289 290-299 Last page