Localism Bill (HL Bill 90)

(3) A grant or assignment of a qualifying leasehold estate in land is a relevant
disposal of the land if it is a grant or assignment with vacant possession.

(4) If a relevant disposal within subsection (2) or (3) is made in pursuance of a
binding agreement to make it, the disposal is entered into when the agreement
5becomes binding.

(5) Subject to subsection (4), a relevant disposal within subsection (2) or (3) is
entered into when it takes place.

(6) In this section “qualifying leasehold estate”, in relation to any land, means an
estate by virtue of a lease of the land for a term which, when granted, had at
10least 25 years to run.

(7) The appropriate authority may by order amend this section.

85 Publicising receipt of notice under section 83(2)

(1) This section applies if a local authority receives notice under section 83(2) in
respect of land included in the authority’s list of assets of community value.

(2) 15The authority must cause the entry in the list for the land to reveal—

(a) that notice under section 83(2) has been received in respect of the land,

(b) the date when the authority received the notice, and

(c) the ends of the initial moratorium period, the full moratorium period
and the protected period that apply under section 83 as a result of the
20notice.

(3) If the land is included in the list in response to a community nomination, the
authority must give written notice, to the person who made the nomination, of
the matters mentioned in subsection (2)(a), (b) and (c).

(4) The authority must make arrangements for those matters to be publicised in
25the area where the land is situated.

86 Informing owner of request to be treated as bidder

(1) Subsection (2) applies if—

(a) after a local authority has received notice under section 83(2) in respect
of land included in the authority’s list of assets of community value,
30and

(b) before the end of the interim moratorium period that applies under
section 83 as a result of the notice,

the authority receives from a community interest group a written request
(however expressed) for the group to be treated as a potential bidder in relation
35to the land.

(2) The authority must, as soon after receiving the request as is practicable, either
pass on the request to the owner of the land or inform the owner of the details
of the request.

(3) In this section “community interest group” means a person who is a
40community interest group for the purposes of section 83(3) as a result of
regulations made under section 83(6) by the appropriate authority.

87 Compensation

(1) The appropriate authority may by regulations make provision for the payment
of compensation in connection with the operation of this Chapter.

(2) Regulations under subsection (1) may (in particular)—

(a) 5provide for any entitlement conferred by the regulations to apply only
in cases specified in the regulations;

(b) provide for any entitlement conferred by the regulations to be subject
to conditions, including conditions as to time limits;

(c) make provision about—

(i) 10who is to pay compensation payable under the regulations;

(ii) who is to be entitled to compensation under the regulations;

(iii) what compensation under the regulations is to be paid in
respect of;

(iv) the amount, or calculation, of compensation under the
15regulations;

(v) the procedure to be followed in connection with claiming
compensation under the regulations;

(vi) the review of decisions made under the regulations;

(vii) appeals against decisions made under the regulations.

20Miscellaneous

88 Local land charge

If land is included in a local authority’s list of assets of community value—

(a) inclusion in the list is a local land charge, and

(b) that authority is the originating authority for the purposes of the Local
25Land Charges Act 1975.

89 Enforcement

(1) The appropriate authority may by regulations make provision—

(a) with a view to preventing, or reducing the likelihood, of contraventions
of section 83(1);

(b) 30as to the consequences applicable in the event of contraventions of
section 83(1).

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

(a) provision for transactions entered into in breach of section 83(1) to be
set aside or to be ineffective;

(b) 35provision about entries on registers relating to land.

(3) The provision that may be made under subsection (1) includes provision
amending—

(a) legislation, or

(b) an instrument made under legislation.

(4) 40In subsection (3) “legislation” means—

(a) an Act, or

(b) a Measure or Act of the National Assembly for Wales.

90 Co-operation

If different parts of any land are in different local authority areas, the local
authorities concerned must co-operate with each other in carrying out
functions under this Chapter in relation to the land or any part of it.

91 5Advice and assistance in relation to land of community value in England

(1) The Secretary of State may do anything that the Secretary of State considers
appropriate for the purpose of giving advice or assistance—

(a) to anyone in relation to doing any of the following—

(i) taking steps under or for purposes of provision contained in, or
10made under, this Chapter so far as applying in relation to
England, or

(ii) preparing to, or considering or deciding whether to, take steps
within sub-paragraph (i), or

(b) to a community interest group in relation to doing any of the
15following—

(i) bidding for, or acquiring, land in England that is included in a
local authority’s list of assets of community value,

(ii) preparing to, or considering or deciding whether or how to, bid
for or acquire land within sub-paragraph (i), or

(iii) 20preparing to, or considering or deciding whether or how to,
bring land within sub-paragraph (i) into effective use.

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

(a) the provision of financial assistance to any body or other person;

(b) 25the making of arrangements with a body or other person, including
arrangements for things that may be done by the Secretary of State
under this section to be done by that body or other person.

(3) In this section—

(a) the reference to giving advice or assistance includes providing training
30or education,

(b) “community interest group” means a person who is a community
interest group for the purposes of section 83(3) as a result of regulations
made under section 83(6) by the Secretary of State, and

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

92 Advice and assistance in relation to land of community value in Wales

(1) The Welsh Ministers may do anything that they consider appropriate for the
purpose of giving advice or assistance—

(a) 40to anyone in relation to doing any of the following—

(i) taking steps under or for purposes of provision contained in, or
made under, this Chapter so far as applying in relation to
Wales, or

(ii) preparing to, or considering or deciding whether to, take steps
45within sub-paragraph (i), or

(b) to a community interest group in relation to doing any of the
following—

(i) bidding for, or acquiring, land in Wales that is included in a
local authority’s list of assets of community value,

(ii) 5preparing to, or considering or deciding whether or how to, bid
for or acquire land within sub-paragraph (i), or

(iii) preparing to, or considering or deciding whether or how to,
bring land within sub-paragraph (i) into effective use.

(2) The things that the Welsh Ministers may do under this section include, in
10particular—

(a) the provision of financial assistance to any body or other person;

(b) the making of arrangements with a body or other person, including
arrangements for things that may be done by the Welsh Ministers
under this section to be done by that body or other person.

(3) 15In this section—

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

(b) “community interest group” means a person who is a community
interest group for the purposes of section 83(3) as a result of regulations
20made under section 83(6) by the Welsh Ministers, and

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

93 Crown application

25This Chapter binds the Crown.

Interpretation of Chapter

94 Meaning of “local authority”

(1) In this Chapter “local authority” in relation to England means—

(a) a district council,

(b) 30a county council for an area in England for which there are no district
councils,

(c) a London borough council,

(d) the Common Council of the City of London, or

(e) the Council of the Isles of Scilly.

(2) 35The Secretary of State may by order amend this section for the purpose of
changing the meaning in this Chapter of “local authority” in relation to
England.

(3) In this Chapter “local authority” in relation to Wales means—

(a) a county council in Wales, or

(b) 40a county borough council.

(4) The Welsh Ministers may by order amend this section for the purpose of
changing the meaning in this Chapter of “local authority” in relation to Wales.

95 Meaning of “owner”

(1) In this Chapter “owner”, in relation to land, is to be read as follows.

(2) The owner of any land is the person in whom the freehold estate in the land is
vested, but not if there is a qualifying leasehold estate in the land.

(3) 5If there is just one qualifying leasehold estate in any land, the owner of the land
is the person in whom that estate is vested.

(4) If there are two or more qualifying leasehold estates in the same land, the
owner of the land is the person in whom is vested the qualifying leasehold
estate that is more or most distant (in terms of the number of intervening
10leasehold estates) from the freehold estate.

(5) In this section “qualifying leasehold estate”, in relation to any land, means an
estate by virtue of a lease of the land for a term which, when granted, had at
least 25 years to run.

(6) The appropriate authority may by order amend this section—

(a) 15for the purpose of changing the definition of “owner” for the time being
given by this section;

(b) for the purpose of defining “owner” for the purposes of this Chapter in
a case where, for the time being, this section does not define that
expression.

96 20Interpretation of Chapter: general

(1) In this Chapter—

• “appropriate authority”—

  (a)

  in relation to England means the Secretary of State, and

  (b)

  in relation to Wales means the Welsh Ministers;

• 25“building” includes part of a building;

• “community nomination” has the meaning given by section 77(2);

• “land” includes—

  (a)

  part of a building,

  (b)

  part of any other structure, and

  (c)

  30mines and minerals, whether or not held with the surface;

• “land of community value” is to be read in accordance with section 76;

• “local authority” is to be read in accordance with section 94;

• “owner”, in relation to any land, is to read in accordance with section 95;

• “unsuccessful”, in relation to a community nomination, has the meaning
  35given by sections 78(5) and 80(4)(b)(i).

(2) For the meaning of “list of assets of community value” see section 75(2).

(3) For the meaning of “list of land nominated by unsuccessful community
nominations” see section 81(2).

Part 5 Planning

CHAPTER 1 Plans and strategies

97 Abolition of regional strategies

(1) 5The following provisions are repealed—

(a) sections 82(1) and 83 of the Local Democracy, Economic Development
and Construction Act 2009 (effect of regional strategies), and

(b) the remaining provisions of Part 5 of that Act (regional strategy).

(2) Subsection (1)(b) does not apply to—

(a) 10section 85(1) (consequential provision) of that Act,

(b) Schedule 5 to that Act (regional strategy: amendments) (but see Part 15
of Schedule 25 to this Act), or

(c) Part 4 of Schedule 7 to that Act (regional strategy: repeals).

(3) The regional strategies under Part 5 of that Act are revoked.

(4) 15A direction given by the Secretary of State under paragraph 1(3) of Schedule 8
to the Planning and Compulsory Purchase Act 2004 (directions preserving
development plan policies) is revoked if and so far as it relates to a policy
contained in a structure plan.

(5) Schedule 8 (which contains amendments that are consequential on this section)
20has effect.

98 Duty to co-operate in relation to planning of sustainable development

(1) In Part 2 of the Planning and Compulsory Purchase Act 2004 (local
development) after section 33 insert—

“33A Duty to co-operate in relation to planning of sustainable development

(1) 25Each person who is—

(a) a local planning authority,

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

(c) a body, or other person, that is prescribed or of a prescribed
30description,

must co-operate with every other person who is within paragraph (a),
(b) or (c) or subsection (9) in maximising the effectiveness with which
activities within subsection (3) are undertaken.

(2) In particular, the duty imposed on a person by subsection (1) requires
35the person—

(a) to engage constructively, actively and on an ongoing basis in
any process by means of which activities within subsection (3)
are undertaken, and

(b) to have regard to activities of a person within subsection (9) so
40far as they are relevant to activities within subsection (3).

(3) The activities within this subsection are—

(a) the preparation of development plan documents,

(b) the preparation of other local development documents,

(c) the preparation of marine plans under the Marine and Coastal
5Access Act 2009 for the English inshore region, the English
offshore region or any part of either of those regions,

(d) activities that can reasonably be considered to prepare the way
for activities within any of paragraphs (a) to (c) that are, or
could be, contemplated, and

(e) 10activities that support activities within any of paragraphs (a) to
(c),

so far as relating to a strategic matter.

(4) For the purposes of subsection (3), each of the following is a “strategic
matter”—

(a) 15sustainable development or use of land that has or would have
a significant impact on at least two planning areas, including (in
particular) sustainable development or use of land for or in
connection with infrastructure that is strategic and has or
would have a significant impact on at least two planning areas,
20and

(b) sustainable development or use of land in a two-tier area if the
development or use—

(i) is a county matter, or

(ii) has or would have a significant impact on a county
25matter.

(5) In subsection (4)—

• “county matter” has the meaning given by paragraph 1 of
  Schedule 1 to the principal Act (ignoring sub-paragraph 1(1)(i)),

• “planning area” means—

  (a)

  30the area of—

  (i)

  a district council (including a metropolitan
  district council),

  (ii)

  a London borough council, or

  (iii)

  a county council in England for an area for which
  35there is no district council,

  but only so far as that area is neither in a National Park
  nor in the Broads,

  (b)

  a National Park,

  (c)

  the Broads,

  (d)

  40the English inshore region, or

  (e)

  the English offshore region, and

• “two-tier area” means an area—

  (a)

  for which there is a county council and a district council,
  but

  (b)

  45which is not in a National Park.

(6) The engagement required of a person by subsection (2)(a) includes, in
particular—

(a) considering whether to consult on and prepare, and enter into
and publish, agreements on joint approaches to the undertaking
of activities within subsection (3), and

(b) if the person is a local planning authority, considering whether
5to agree under section 28 to prepare joint local development
documents.

(7) A person subject to the duty under subsection (1) must have regard to
any guidance given by the Secretary of State about how the duty is to
be complied with.

(8) 10A person, or description of persons, may be prescribed for the purposes
of subsection (1)(c) only if the person, or persons of that description,
exercise functions for the purposes of an enactment.

(9) A person is within this subsection if the person is a body, or other
person, that is prescribed or of a prescribed description.

(10) 15In this section—

• “the English inshore region” and “the English offshore region”
  have the same meaning as in the Marine and Coastal Access Act
  2009, and

• “land” includes the waters within those regions and the bed and
  20subsoil of those waters.”

(2) In section 16 of the Planning and Compulsory Purchase Act 2004 (applying
Part 2 for purposes of a county council’s minerals and waste development
scheme) after subsection (4) insert—

“(5) Also, subsection (3)(b) does not apply to section 33A(1)(a) and (b).”

(3) 25In section 20(5) of the Planning and Compulsory Purchase Act 2004
(development plan documents: purpose of independent examination) after
paragraph (b) insert “; and

(c) whether the local planning authority complied with any duty
imposed on the authority by section 33A in relation to its
30preparation.”

99 Local development schemes

(1) Section 15 of the Planning and Compulsory Purchase Act 2004 (preparation,
revision and promulgation of local development schemes) is amended as
follows.

(2) 35Omit subsection (3) (requirements as to preparation of schemes).

(3) In subsection (4) (Secretary of State or Mayor of London may direct that
scheme be amended) after “thinks appropriate” insert “for the purpose of
ensuring effective coverage of the authority’s area by the development plan
documents (taken as a whole) for that area”.

(4) 40In subsection (6A)(b) (provision about directions given by Mayor of London
under subsection (4)) for “the scheme is not to be brought into effect” substitute
“effect is not to be given to the direction”.

(5) For subsection (7) (regulations about publicity, inspection and bringing

schemes into effect) substitute—

“(7) To bring the scheme into effect, the local planning authority must
resolve that the scheme is to have effect and in the resolution specify the
date from which the scheme is to have effect.”

(6) 5After subsection (8A) insert—

“(8AA) A direction may be given under subsection (8)(b) only if the person
giving the direction thinks that revision of the scheme is necessary for
the purpose of ensuring effective coverage of the authority’s area by the
development plan documents (taken as a whole) for that area.”

(7) 10After subsection (9) insert—

“(9A) The local planning authority must make the following available to the
public—

(a) the up-to-date text of the scheme,

(b) a copy of any amendments made to the scheme, and

(c) 15up-to-date information showing the state of the authority’s
compliance (or non-compliance) with the timetable mentioned
in subsection (2)(f).”

100 Adoption and withdrawal of development plan documents

(1) The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2) 20For section 20(7) (independent examiner must make recommendations with
reasons) substitute—

“(7) Where the person appointed to carry out the examination—

(a) has carried it out, and

(b) considers that, in all the circumstances, it would be reasonable
25to conclude—

(i) that the document satisfies the requirements mentioned
in subsection (5)(a) and is sound, and

(ii) that the local planning authority complied with any
duty imposed on the authority by section 33A in relation
30to the document’s preparation,

the person must recommend that the document is adopted and give
reasons for the recommendation.

(7A) Where the person appointed to carry out the examination—

(a) has carried it out, and

(b) 35is not required by subsection (7) to recommend that the
document is adopted,

the person must recommend non-adoption of the document and give
reasons for the recommendation.

(7B) If asked to do so by the local planning authority, the person appointed
40to carry out the examination must recommend modifications of the
document that would make it one that—

(a) satisfies the requirements mentioned in subsection (5)(a), and

(b) is sound.”

(3) For section 23(2) and (3) (adoption of development plan documents, whether

as prepared or with modifications, must be in accordance with independent
examiner’s recommendations) substitute—

“(2) If the person appointed to carry out the independent examination of a
development plan document recommends that it is adopted, the
5authority may adopt the document—

(a) as it is, or

(b) with modifications that (taken together) do not materially affect
the policies set out in it.

(2A) Subsection (3) applies if the person appointed to carry out the
10independent examination of a development plan document—

(a) recommends non-adoption, and

(b) under section 20(7B) recommends modifications (“the main
modifications”).

(3) The authority may adopt the document—

(a) 15with the main modifications, or

(b) with the main modifications and additional modifications if the
additional modifications (taken together) do not materially
affect the policies that would be set out in the document if it was
adopted with the main modifications but no other
20modifications.”

(4) Omit section 22(2) (development plan document not to be withdrawn once
submitted for independent examination unless examiner or Secretary of State
directs that it be withdrawn).

(5) In section 21 (intervention by Secretary of State) after subsection (9) insert—

“(9A) 25The Secretary of State may at any time—

(a) after a development plan document has been submitted for
independent examination under section 20, but

(b) before it is adopted under section 23,

direct the local planning authority to withdraw the document.”

(6) 30The amendments made by subsections (2) and (3) apply in relation to all
adoptions of development plan documents that take place after the coming
into force of those subsections, including an adoption where steps in relation
to the document have taken place before then.

101 Local development: monitoring reports

(1) 35Section 35 of the Planning and Compulsory Purchase Act 2004 (local planning
authority must make annual report to Secretary of State) is amended as
follows.

(2) Omit subsection (1) (duty to make annual report).

(3) In subsection (2) (contents of annual report) for “The annual report must
40contain” substitute “Every local planning authority must prepare reports
containing”.

(4) In subsection (3) (rules about annual reports) for the words from the beginning
to the end of paragraph (b) substitute—

“A report under subsection (2) must—