Localism Bill (HL Bill 100)

which infrastructure may be funded” substitute “that may benefit from
funding”,

(f) in subsection (5)(a) (power to require authorities to list projects that are
to be, or may be, funded) for “projects that are” substitute “what is”,

(g) 5in subsection (5)(c) (power to make provision about funding projects
not on list) for “projects” substitute “anything”,

(h) in subsection (6)(b) (regulations about funding may permit levy to be
reserved for expenditure on future projects) for “on future projects”
substitute “in the future”,

(i) 10in subsection (6)(c) (regulations may permit funding of administrative
expenses in connection with infrastructure) after “infrastructure” insert
“or anything within section 216A(2)(b) or 216B(2)(b)”, and

(j) in subsection (6)(e) (regulations may make provision for the use of
funding where the projects to be funded no longer require funding)—

(i) 15for “the projects” substitute “anything”, and

(ii) for “require” substitute “requires”.

(6) After section 216 insert—

“216A Duty to pass receipts to other persons

(1) CIL regulations may require that CIL received in respect of
20development of land in an area is to be passed by the charging
authority that charged the CIL to a person other than that authority.

(2) CIL regulations must contain provision to secure that money passed to
a person in discharge of a duty under subsection (1) is used to support
the development of the area to which the duty relates, or of any part of
25that area, by funding—

(a) the provision, improvement, replacement, operation or
maintenance of infrastructure, or

(b) anything else that is concerned with addressing demands that
development places on an area.

(3) 30A duty under subsection (1) may relate to—

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

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

(4) CIL regulations may make provision about the persons to whom CIL
35may or must, or may not, be passed in discharge of a duty under
subsection (1).

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

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

(b) 40such part of that CIL as is specified in, or determined under or
in accordance with, CIL regulations.

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

(7) CIL regulations may, in relation to CIL passed to a person in discharge
45of a duty under subsection (1), make provision about—

(a) accounting for the CIL,

(b) monitoring its use,

(c) reporting on its use,

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

(e) recovery of the CIL, and any income or profits accruing in
5respect of it or from its application, in cases where—

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

(ii) it has been misapplied,

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

(f) 10use of anything recovered in cases where—

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

(ii) the CIL has been misapplied.

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

216B 15 Use of CIL in an area to which section 216A(1) duty does not relate

(1) Subsection (2) applies where—

(a) there is an area to which a particular duty under section 216A(1)
relates, and

(b) there is also an area to which that duty does not relate (“the
20uncovered area”).

(2) CIL regulations may provide that the charging authority that charges
CIL received in respect of development of land in the uncovered area
may apply the CIL, or cause it to be applied, to—

(a) support development by funding the provision, improvement,
25replacement, operation or maintenance of infrastructure, or

(b) support development of the uncovered area, or of any part of
that area, by funding anything else that is concerned with
addressing demands that development places on an area.

(3) Provision under subsection (2) may relate to the whole, or part only, of
30the uncovered area.

(4) Provision under subsection (2) may relate—

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

(b) such part of that CIL as is specified in, or determined under or
35in accordance with, CIL regulations.”

CHAPTER 3 Neighbourhood planning

116 Neighbourhood planning

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

(2) 40After Schedule 4A to the Town and Country Planning Act 1990 insert the
Schedule 4B set out in Schedule 10 to this Act.

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

117 Charges for meeting costs relating to neighbourhood planning

(1) The Secretary of State may with the consent of the Treasury make regulations
5providing for the imposition of charges for the purpose of meeting expenses
incurred (or expected to be incurred) by local planning authorities in, or in
connection with, the exercise of their neighbourhood planning functions.

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

(a) 10any of sections 61E to 61Q of, or Schedule 4B or 4C to, the Town and
Country Planning Act 1990 (neighbourhood development orders),

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

(c) this section.

(3) 15The regulations must secure—

(a) that the charges are payable in relation to development for which
planning permission is granted by a neighbourhood development
order made under section 61E of the Town and Country Planning Act
1990,

(b) 20that the charges become payable when the development is commenced
(determined in accordance with the regulations), and

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

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

(a) 25provide for the charges not to be payable at any time unless at that time
a document (a “charging document”) has been published by the
authority setting out the amounts chargeable under the regulations in
relation to development in their area,

(b) make provision about the approval and publication of a charging
30document,

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

(d) require the authorities, in setting the charges, to disregard such
expenditure expected to be incurred as mentioned in subsection (1) as
35falls within a description prescribed by the regulations,

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

(f) authorise the authorities to make exceptions (either generally or only to
40the extent specified in the regulations).

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

(6) The regulations may make provision—

(a) enabling any person to assume (in accordance with any procedural
45provision made by the regulations) the liability to pay a charge
imposed by the regulations before it becomes payable,

(b) about assumption of partial liability,

(c) about the withdrawal of assumption of liability,

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

(e) for the owner or developer of land to be liable to pay the charge in cases
5prescribed by the regulations,

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

(g) about liability of partnerships,

(h) about apportionment of liability, including provision for referral to a
specified body or other person for determination and provision for
10appeals, and

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

(7) In subsection (6)(e)—

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

(b) 15“developer” means a person who is wholly or partly responsible for
carrying out a development.

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

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

(b) 20the procedure on appeals, and

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

118 Regulations under section 117: collection and enforcement

(1) 25Regulations under section 117 must include provision about the collection of
charges imposed by the regulations.

(2) The regulations may make provision—

(a) for payment on account or by instalments,

(b) about repayment (with or without interest) in cases of overpayment,
30and

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

(3) Regulations under section 117 must include provision about enforcement of
35charges imposed by the regulations; and that provision must include
provision—

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

(b) for the debt to be recoverable summarily.

(4) 40The regulations may make provision—

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

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

(c) 45for the imposition of a penalty or surcharge (of an amount specified in,
or determined in accordance with, the regulations),

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

(e) for enforcement in the case of death or insolvency of a person liable for
5the charge.

119 Regulations under section 117: supplementary

(1) Regulations under section 117 may make provision about procedures to be
followed in connection with charges imposed by the regulations.

(2) The regulations may make provision about—

(a) 10procedures to be followed by a local planning authority proposing to
start or stop imposing a charge,

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

(c) the arrangements of a local planning authority for the making of any
15decision prescribed by the regulations,

(d) consultation,

(e) the publication or other treatment of reports,

(f) timing and methods of publication,

(g) making documents available for inspection,

(h) 20providing copies of documents (with or without charge),

(i) the form and content of documents,

(j) giving notice,

(k) serving notices or other documents, and

(l) procedures to be followed in connection with actual or potential
25liability for a charge.

(3) Provision made by the regulations as a result of subsection (2)(c) is to have
effect despite provision made by any enactment as to the arrangements of a
local planning authority for the exercise of their functions (such as section 101
of the Local Government Act 1972 or section 13 of the Local Government Act
302000).

(4) Regulations under section 117 may make provision binding the Crown.

(5) Regulations under section 117 may make—

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

(b) provision for exceptions.

(6) 35A local planning authority must have regard to any guidance issued by the
Secretary of State in the exercise of any of their functions under regulations
under section 117.

(7) For the purposes of sections 117 and 118 and this section “local planning
authority” means an authority that have made or have power to make—

(a) 40a neighbourhood development order under section 61E of the Town
and Country Planning Act 1990, or

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

(8) Nothing in section 117, 118 or this section that authorises the inclusion of any
45particular kind of provision in regulations under section 117 is to be read as

restricting the generality of the provision that may be included in the
regulations.

120 Financial assistance in relation to neighbourhood planning

(1) The Secretary of State may do anything that the Secretary of State considers
5appropriate—

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

(b) for the purpose of giving advice or assistance to anyone in relation to
10the making of proposals for such orders or plans or the doing of
anything else for the purposes of, or in connection with, such proposals
or such orders or plans.

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

(a) 15the provision of financial assistance (or the making of arrangements for
its provision) to any body or other person, and

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

(3) In this section—

(a) 20the reference to giving advice or assistance includes providing training
or education,

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

(c) 25any reference to a neighbourhood development order is to a
neighbourhood development order under section 61E of the Town and
Country Planning Act 1990, and

(d) any reference to a neighbourhood development plan is to a
neighbourhood development plan under section 38A of the Planning
30and Compulsory Purchase Act 2004.

121 Consequential amendments

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

CHAPTER 4 Consultation

122 Consultation before applying for planning permission

(1) 35In the Town and Country Planning Act 1990, before section 62 (and before the
italic heading which precedes that section) insert—

“Consultation before applying for planning permission

61W Requirement to carry out pre-application consultation

(1) Where—

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

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

5the person must carry out consultation on the proposed application in
accordance with subsections (2) and (3).

(2) The person must publicise the proposed application in such manner as
the person reasonably considers is likely to bring the proposed
application to the attention of a majority of the persons who live at, or
10otherwise occupy, premises in the vicinity of the land.

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

(4) Publicity under subsection (2) must—

(a) set out how the person (“P”) may be contacted by persons
15wishing to comment on, or collaborate with P on the design of,
the proposed development, and

(b) give such information about the proposed timetable for the
consultation as is sufficient to ensure that persons wishing to
comment on the proposed development may do so in good
20time.

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

(6) Subsection (1) does not apply—

(a) if the proposed application is an application under section
25293A, or

(b) in cases specified in a development order.

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

61X 30Duty to take account of responses to consultation

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

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

(b) proposes to go ahead with making an application for planning
35permission (whether or not in the same terms as the proposed
application).

(2) The person must, when deciding whether the application that the
person is actually to make should be in the same terms as the proposed
application, have regard to any responses to the consultation that the
40person has received.

61Y Power to make supplementary provision

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

(2) 45The provision that may be made under subsection (1) includes (in
particular)—

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

(b) provision about, or in connection with, the ways of responding
50to the publicity;

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

(d) provision about, or in connection with, collaboration between
the person and others on the design of the proposed
55development;

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

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

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

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

(f) 60provision for the person to prepare a statement setting out how
the person proposes to comply with section 61W(1);

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

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

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

(c) 5provision about, or in connection with, consultation under
section 61W(3);

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

(e) 10provision as to the timetable (including deadlines) for—

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

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

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

(f) provision for the person to prepare a statement setting out how
15the person proposes to comply with section 61W(1);

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

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

(2) 20In section 62 of the Town and Country Planning Act 1990 (applications for
planning permission) after subsection (6) insert—

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

(a) has been required by section 61W(1) to carry out consultation
25on a proposed application for planning permission, and

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

(8) A development order must require that a relevant application be
30accompanied by particulars of—

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

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

(c) the account taken of those responses.”

(3) 35The amendments made by subsections (1) and (2) cease to have effect at the end
of 7 years beginning with the day on which the inserted section 61W(1) comes
fully into force, but this is subject to subsection (4).

(4) The Secretary of State may by order provide that the amendments are, instead
of ceasing to have effect at the time they would otherwise cease to have effect,
40to cease to have effect at the end of a period of not more than 7 years from that
time.

CHAPTER 5 Enforcement

123 Retrospective planning permission

(1) The Town and Country Planning Act 1990 is amended as follows.

(2) After section 70B insert—

“70C 5Power to decline to determine retrospective application

(1) A local planning authority in England may decline to determine an
application for planning permission for the development of any land if
granting planning permission for the development would involve
granting, whether in relation to the whole or any part of the land to
10which a pre-existing enforcement notice relates, planning permission in
respect of the whole or any part of the matters specified in the
enforcement notice as constituting a breach of planning control.

(2) For the purposes of the operation of this section in relation to any
particular application for planning permission, a “pre-existing
15enforcement notice” is an enforcement notice issued before the
application was received by the local planning authority.”

(3) In section 78(2)(aa) (which refers to an authority not having given notice that it
has exercised its power under section 70A or 70B to decline to determine an
application) after “or 70B” insert “or 70C”.

(4) 20In section 174 (appeal against enforcement notice) after subsection (2) insert—

“(2A) An appeal may not be brought on the ground specified in subsection
(2)(a) if—

(a) the land to which the enforcement notice relates is in England,
and

(b) 25the enforcement notice was issued at a time—

(i) after the making of a related application for planning
permission, but

(ii) before the end of the period applicable under section
78(2) in the case of that application.

(2B) 30An application for planning permission for the development of any
land is, for the purposes of subsection (2A), related to an enforcement
notice if granting planning permission for the development would
involve granting planning permission in respect of the matters
specified in the enforcement notice as constituting a breach of planning
35control.”

(5) In section 177 (grant or modification of planning permission on appeals against
enforcement notice) after subsection (1B) insert—

“(1C) If the land to which the enforcement notice relates is in England,
subsection (1)(a) applies only if the statement under section 174(4)
40specifies the ground mentioned in section 174(2)(a).”

(6) In section 177(5) (deemed application for planning permission where appeal
brought against enforcement notice) for the words from the beginning to “the

appellant” substitute—

“Where an appeal against an enforcement notice is brought under
section 174 and—

(a) the land to which the enforcement notice relates is in Wales, or

(b) 5that land is in England and the statement under section 174(4)
specifies the ground mentioned in section 174(2)(a),

the appellant”.

124 Time limits for enforcing concealed breaches of planning control

(1) In the Town and Country Planning Act 1990 after section 171B insert—

“171BA 10 Time limits in cases involving concealment

(1) Where it appears to the local planning authority that there may have
been a breach of planning control in respect of any land in England, the
authority may apply to a magistrates’ court for an order under this
subsection (a “planning enforcement order”) in relation to that
15apparent breach of planning control.

(2) If a magistrates’ court makes a planning enforcement order in relation
to an apparent breach of planning control, the local planning authority
may take enforcement action in respect of—

(a) the apparent breach, or

(b) 20any of the matters constituting the apparent breach,

at any time in the enforcement year.

(3) “The enforcement year” for a planning enforcement order is the year
that begins at the end of 22 days beginning with the day on which the
court’s decision to make the order is given, but this is subject to
25subsection (4).

(4) If an application under section 111(1) of the Magistrates’ Courts Act
1980 (statement of case for opinion of High Court) is made in respect of
a planning enforcement order, the enforcement year for the order is the
year beginning with the day on which the proceedings arising from
30that application are finally determined or withdrawn.

(5) Subsection (2)—

(a) applies whether or not the time limits under section 171B have
expired, and

(b) does not prevent the taking of enforcement action after the end
35of the enforcement year but within those time limits.

171BB Planning enforcement orders: procedure

(1) An application for a planning enforcement order in relation to an
apparent breach of planning control may be made within the 6 months
beginning with the date on which evidence of the apparent breach of
40planning control sufficient in the opinion of the local planning
authority to justify the application came to the authority’s knowledge.

(2) For the purposes of subsection (1), a certificate—

(a) signed on behalf of the local planning authority, and