Localism Bill (HL Bill 100)

Localism BillPage 100

107 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.

108 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 89(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 88;

  • “local authority” is to be read in accordance with section 106;

  • “owner”, in relation to any land, is to read in accordance with section 107;

  • “unsuccessful”, in relation to a community nomination, has the meaning
    35given by sections 90(5) and 92(4)(b)(i).

(2) For the meaning of “list of assets of community value” see section 87(2).

(3) For the meaning of “list of land nominated by unsuccessful community
nominations” see section 93(2).

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Part 6 Planning

CHAPTER 1 Plans and strategies

109 Abolition of regional strategies

(1) 5The following provisions are repealed—

(a) sections 70(5), 82(1) and (2) and 83 of the Local Democracy, Economic
Development and Construction Act 2009 (interpretation and effect of
regional strategies), and

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

(2) 10Subsection (1)(b) does not apply to—

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

(b) Schedule 5 to that Act (regional strategy: amendments) (but see Part 16
of Schedule 25 to this Act), or

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

(3) 15The Secretary of State may by order revoke the whole or any part of a regional
strategy under Part 5 of that Act.

(4) An order under subsection (3) may, in particular, revoke all of the regional
strategies (or all of the remaining regional strategies) under Part 5 of that Act.

(5) The Secretary of State may by order revoke the whole or any part of a direction
20under paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase
Act 2004 (directions preserving development plan policies) if and so far as it
relates to a policy contained in a structure plan.

(6) An order under subsection (5) may, in particular, revoke all directions (or all
remaining directions) under paragraph 1(3) of that Schedule so far as they
25relate to policies contained in structure plans.

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

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

(1) In Part 2 of the Planning and Compulsory Purchase Act 2004 (local
30development) after section 33 insert—

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

(1) Each person who is—

(a) a local planning authority,

(b) a county council in England that is not a local planning
35authority, or

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

must co-operate with every other person who is within paragraph (a),
(b) or (c) or subsection (9) in maximising the effectiveness with which
40activities within subsection (3) are undertaken.

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

(a) to engage constructively, actively and on an ongoing basis in
any process by means of which activities within subsection (3)
5are undertaken, and

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

(3) The activities within this subsection are—

(a) the preparation of development plan documents,

(b) 10the preparation of other local development documents,

(c) the preparation of marine plans under the Marine and Coastal
Access 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
15for activities within any of paragraphs (a) to (c) that are, or
could be, contemplated, and

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

so far as relating to a strategic matter.

(4) 20For the purposes of subsection (3), each of the following is a “strategic
matter”—

(a) sustainable 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
25connection with infrastructure that is strategic and has or
would have a significant impact on at least two planning areas,
and

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

(i) 30is a county matter, or

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

(5) In subsection (4)—

  • “county matter” has the meaning given by paragraph 1 of
    35Schedule 1 to the principal Act (ignoring sub-paragraph 1(1)(i)),

  • “planning area” means—

    (a)

    the area of—

    (i)

    a district council (including a metropolitan
    district council),

    (ii)

    40a London borough council, or

    (iii)

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

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

    (b)

    45a National Park,

    (c)

    the Broads,

    (d)

    the English inshore region, or

    (e)

    the English offshore region, and

  • “two-tier area” means an area—

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    (a)

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

    (b)

    which is not in a National Park.

(6) The engagement required of a person by subsection (2)(a) includes, in
5particular—

(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
10to 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) 15A 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) 20In 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
    25subsoil 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) 30In 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
35preparation.

111 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) 40Omit 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”.

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(4) In 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
5schemes 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) After subsection (8A) insert—

(8AA) 10A 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) After subsection (9) insert—

(9A) 15The 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) up-to-date information showing the state of the authority’s
20compliance (or non-compliance) with the timetable mentioned
in subsection (2)(f).

112 Adoption and withdrawal of development plan documents

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

(2) For section 20(7) (independent examiner must make recommendations with
25reasons) 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
to conclude—

(i) 30that 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
to the document’s preparation,

35the 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) is not required by subsection (7) to recommend that the
40document is adopted,

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

(7B) Subsection (7C) applies where the person appointed to carry out the
examination—

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(a) does not consider that, in all the circumstances, it would be
reasonable to conclude that the document satisfies the
requirements mentioned in subsection (5)(a) and is sound, but

(b) does consider that, in all the circumstances, it would be
5reasonable to conclude that the local planning authority
complied with any duty imposed on the authority by section
33A in relation to the document’s preparation.

(7C) If asked to do so by the local planning authority, the person appointed
to carry out the examination must recommend modifications of the
10document 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
15examiner’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
authority may adopt the document—

(a) as it is, or

(b) 20with 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
independent examination of a development plan document—

(a) recommends non-adoption, and

(b) 25under section 20(7C) recommends modifications (“the main
modifications”).

(3) The authority may adopt the document—

(a) with the main modifications, or

(b) with the main modifications and additional modifications if the
30additional 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
modifications.

(4) Omit section 22(2) (development plan document not to be withdrawn once
35submitted 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) The Secretary of State may at any time—

(a) after a development plan document has been submitted for
40independent examination under section 20, but

(b) before it is adopted under section 23,

direct the local planning authority to withdraw the document.

(6) The amendments made by subsections (2) and (3) apply in relation to all
adoptions of development plan documents that take place after the coming
45into force of those subsections, including an adoption where steps in relation
to the document have taken place before then.

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113 Local development: monitoring reports

(1) Section 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) 5Omit subsection (1) (duty to make annual report).

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

(4) In subsection (3) (rules about annual reports) for the words from the beginning
10to the end of paragraph (b) substitute—

A report under subsection (2) must—

(a) be in respect of a period—

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

(ii) 15which begins with the end of the period covered by the
authority’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) 20The authority must make the authority’s reports under this section
available to the public.

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

CHAPTER 2 Community Infrastructure Levy

114 25Community Infrastructure Levy: approval of charging schedules

(1) The 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) 30CIL regulations may make provision about the application of
subsection (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) 35provision as to evidence that is to be taken to be available,

(d) provision 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
40be used,

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(g) provision 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) 5For section 212(4) to (7) (draft must be accompanied by declaration of
compliance 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
10requirements to have regard to the matters listed in section 211(2) and
(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) 15give reasons for the recommendations.

(4) After section 212 insert—

212A Charging schedule: examiner’s recommendations

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

(2) 20If the examiner considers—

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

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

25the 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
have not been complied with, and

(b) that the non-compliance with the drafting requirements could
30be remedied by the making of modifications to the draft.

(4) The examiner must—

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

(b) recommend modifications that the examiner considers
35sufficient and necessary to remedy that non-compliance, and

(c) recommend that the draft be approved with—

(i) those modifications, or

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

(5) 40Subject to subsections (2) to (4), the examiner must recommend that the
draft be approved.

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

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(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) For section 213(1) (charging authority has to follow examiner’s
5recommendations 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) the charging authority has had regard to those
10recommendations 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
15so with modifications that are sufficient and necessary to remedy the
non-compliance specified under section 212A(4)(a) (although those
modifications 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
20all or none, or some one or more, of the modifications (if any)
recommended under section 212A(6) or (7).

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

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

(b) 25modifications allowed by subsection (1C).

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

(3A) Subsection (3B) applies if—

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

(b) 30the charging schedule is approved by the charging authority.

(3B) The charging authority must publish a report setting out how the
charging 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
35report under subsection (3B).

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

(5) In 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
40coming 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
charging schedule have been taken before then.

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115 Use of Community Infrastructure Levy

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

(2) In section 205(2) (requirement to aim to ensure that overall purpose of the levy
is to ensure that costs of providing infrastructure to support development of an
5area can be funded by owners or developers of land)—

(a) for “providing infrastructure to support” substitute “supporting”, and

(b) after “land” insert “in a way that does not make development of the
area economically unviable”.

(3) In the Table in section 205(3) (which describes the provisions of the Part) for
10“Section 216” substitute “Sections 216 to 216B”.

(4) In section 211(4) (particular provision that may be included in regulations
about setting rates, or other criteria, by reference to which the amount of levy
chargeable is to be determined) after paragraph (a) insert—

(aa) to have regard, to the extent and in the manner specified by the
15regulations, to actual and expected costs of anything other than
infrastructure that is concerned with addressing demands that
development places on an area (whether by reference to lists
prepared by virtue of section 216(5)(a) or otherwise);

(ab) to have regard, to the extent and in the manner specified by the
20regulations, to other actual and expected sources of funding for
anything other than infrastructure that is concerned with
addressing demands that development places on an area;.

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

(a) in subsection (1) (levy to be used to fund infrastructure, or pay
25compensation under section 219)—

(i) for “section” substitute “sections 216A(1), 216B(2) and”, and

(ii) for “funding infrastructure” substitute “supporting
development by funding the provision, improvement,
replacement, operation or maintenance of infrastructure”,

(b) 30in subsection (2) (meaning of “infrastructure” in subsection (1)) for
“subsection (1)” substitute “this section (except subsection (3)) and
sections 216A(2) and 216B(2)”,

(c) in subsection (4)(a) (power to specify facilities that are to be, or not to
be, funded) for “that are to be, or not to” substitute “whose provision,
35improvement or replacement may or is to be, or may not”,

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

(aa) maintenance activities and operational activities
(including operational activities of a promotional kind)
40in connection with infrastructure that may or are to be,
or may not be, funded by CIL,

(ab) things within section 216A(2)(b) that may or are to be, or
may not be, funded by CIL passed to a person in
discharge of a duty under section 216A(1),

(ac) 45things within section 216B(2)(b) that may or are to be, or
may not be, funded by CIL to which provision under
section 216B(2) relates,,

(e) in subsection (4)(b) (power to specify criteria for determining areas in
relation to which infrastructure may be funded) for “in relation to