Localism Bill (HL Bill 100)

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at the end of paragraph (c) insert—

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

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

CHAPTER 7 Other planning matters

142 Applications for planning permission: local finance considerations

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

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

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

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

(c) any other material considerations.

(3) 20After subsection (2) insert—

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

(4) After subsection (3) insert—

(4) In this section—

  • “local finance consideration” means—

    (a)

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

    (b)

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

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

  • “relevant authority” means—

    (a)

    a district council;

    (b)

    35a county council in England;

    (c)

    the Mayor of London;

    (d)

    the council of a London borough;

    (e)

    a Mayoral development corporation;

    (f)

    an urban development corporation;

    (g)

    40a housing action trust;

    (h)

    the Council of the Isles of Scilly;

    (i)

    the Broads Authority;

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    (j)

    a National Park authority in England;

    (k)

    the Homes and Communities Agency; or

    (l)

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

(5) 5The amendments made by this section do not alter—

(a) whether under subsection (2) of section 70 of the Town and Country
Planning Act 1990 regard is to be had to any particular consideration, or

(b) the weight to be given to any consideration to which regard is had
under that subsection.

143 10Application of this Part to the Crown

An amendment made by this Part in—

(a) the Town and Country Planning Act 1990,

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

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

(d) 15the Planning Act 2008,

binds the Crown.

Part 7 Housing

CHAPTER 1 Allocation and homelessness

20Allocation

144 Allocation of housing accommodation

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

(2) After subsection (4) insert—

(4A) 25Subject to subsection (4B), the provisions of this Part do not apply to an
allocation of housing accommodation by a local housing authority in
England to a person who is already—

(a) a secure or introductory tenant, or

(b) an assured tenant of housing accommodation held by a private
30registered provider of social housing or a registered social
landlord.

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

(a) 35the allocation involves a transfer of housing accommodation for
that person,

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

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

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

145 Allocation only to eligible and qualifying persons: England

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

160ZA 5 Allocation only to eligible and qualifying persons: England

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

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

(b) 10to two or more persons jointly if any of them is a person
mentioned in paragraph (a).

(2) A person subject to immigration control within the meaning of the
Asylum and Immigration Act 1996 is ineligible for an allocation of
housing accommodation by a local housing authority in England
15unless he is of a class prescribed by regulations made by the Secretary
of State.

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

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

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

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

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

(b) is one of two or more persons who apply for accommodation
30jointly, and one or more of the other persons is a qualifying
person within the meaning of subsection (7).

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

(8) 35The Secretary of State may by regulations—

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

(b) prescribe criteria that may not be used by local housing
authorities in England in deciding what classes of persons are
40not qualifying persons.

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

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

(b) 45is not a qualifying person,

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

(10) That notice shall be given in writing and, if not received by the
applicant, shall be treated as having been given if it is made available at
the authority’s office for a reasonable period for collection by him or on
5his behalf.

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

(2) 10Section 160A (allocation only to eligible persons) is amended as follows—

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

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

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

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

(e) 15in subsection (5)—

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

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

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

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

(h) 20in subsection (9) after “authority” insert “in Wales”, and

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

146 Allocation schemes

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

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

(a) 25after subsection (1) insert—

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

(b) 30in subsection (2) after “authority” insert “in Wales”.

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

(4) Before section 167 insert—

166A Allocation in accordance with allocation scheme: England

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

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

(2) 40The scheme must include a statement of the authority’s policy on
offering people who are to be allocated housing accommodation—

(a) a choice of housing accommodation; or

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

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

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

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

(c) people occupying insanitary or overcrowded housing or
10otherwise living in unsatisfactory housing conditions;

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

(e) people who need to move to a particular locality in the district
of the authority, where failure to meet that need would cause
15hardship (to themselves or to others).

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

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

(5) The scheme may contain provision for determining priorities in
allocating housing accommodation to people within subsection (3); and
25the factors which the scheme may allow to be taken into account
include—

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

(b) any behaviour of a person (or of a member of his household)
30which affects his suitability to be a tenant;

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

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

(a) 35to a person who makes a specific application for that
accommodation;

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

(7) The Secretary of State may by regulations—

(a) 40specify further descriptions of people to whom preference is to
be given as mentioned in subsection (3), or

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

(8) The Secretary of State may by regulations specify factors which a local
housing authority in England must not take into account in allocating
45housing accommodation.

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

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

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(i) how his application is likely to be treated under the
scheme (including in particular whether he is likely to
be regarded as a member of a group of people who are
to be given preference by virtue of subsection (3)); and

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

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

(c) has the right to request a review of a decision mentioned in
paragraph (b), or in section 160ZA(9), and to be informed of the
15decision on the review and the grounds for it.

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

(11) Subject to the above provisions, and to any regulations made under
20them, the authority may decide on what principles the scheme is to be
framed.

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

(a) their current homelessness strategy under section 1 of the
25Homelessness Act 2002,

(b) their current tenancy strategy under section 149 of the Localism
Act 2011, and

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

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

(a) send a copy of the draft scheme, or proposed alteration, to every
private registered provider of social housing and registered
35social landlord with which they have nomination arrangements
(see section 159(4)), and

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

(14) A local housing authority in England shall not allocate housing
40accommodation except in accordance with their allocation scheme.

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

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

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

(c) 45in subsection (4) after “authority” insert “in Wales”,

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

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

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

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

Homelessness

147 Duties to homeless persons

(1) 5Section 193 of the Housing Act 1996 (duty to persons with priority need who
are not homeless intentionally) is amended as follows.

(2) Omit subsection (3A).

(3) For subsection (5) substitute—

(5) The local housing authority shall cease to be subject to the duty under
10this section if—

(a) the applicant, having been informed by the authority of the
possible consequence of refusal or acceptance and of the right to
request a review of the suitability of the accommodation,
refuses an offer of accommodation which the authority are
15satisfied is suitable for the applicant,

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

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

(4) 20In subsection (7) after “refusal” insert “or acceptance”.

(5) In subsection (7AA)—

(a) omit “In a restricted case”,

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

(c) in paragraph (a) for “private accommodation offer” substitute “private
25rented sector offer”.

(6) In subsection (7AB)—

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

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

(c) in a case which is not a restricted case, the effect under
30section 195A of a further application to a local housing
authority within two years of acceptance of the offer.

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

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

(9) 35In subsection (7F)—

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

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

(c) omit paragraph (b), and

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

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(10) For subsection (8) substitute—

(8) This subsection applies to an applicant if—

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

(b) 5the applicant is not able to bring those obligations to an end
before being required to take up the offer.

(11) After subsection (9) insert—

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

(11) Regulations under subsection (10)—

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

(b) may not apply to restricted cases.

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

(a) 15in relation to local housing authorities in England, means the
Secretary of State;

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

148 Duties to homeless persons: further amendments

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

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

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

(3) In section 195—

(a) omit subsection (3A), and

(b) 30in subsection (4B) for “(3A) to” substitute “(4) and”.

(4) After section 195 insert—

195A Re-application after private rented sector offer

(1) If within two years beginning with the date on which an applicant
accepts an offer under section 193(7AA) (private rented sector offer),
35the applicant re-applies for accommodation, or for assistance in
obtaining accommodation, and the local housing authority—

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

(b) is not satisfied that the applicant became homeless
40intentionally,

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

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(2) For the purpose of subsection (1), an applicant in respect of whom a
valid notice under section 21 of the Housing Act 1988 (orders for
possession on expiry or termination of assured shorthold tenancy) has
been given is to be treated as homeless from the date on which that
5notice expires.

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

(a) 10is satisfied that the applicant is threatened with homelessness
and eligible for assistance, and

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

the duty under section 195(2) applies regardless of whether the
15applicant has a priority need.

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

(5) 20Subsection (1) or (3) does not apply to a case where the local housing
authority would not be satisfied as mentioned in that subsection
without having regard to a restricted person.

(6) Subsection (1) or (3) does not apply to a re-application by an applicant
for accommodation, or for assistance in obtaining accommodation, if
25the immediately preceding application made by that applicant was one
to which subsection (1) or (3) applied.

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

(6) After subsection (2) insert—

(2ZA) The conditions for referral of the case to another authority are also met
30if—

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

(b) 35neither the applicant nor any person who might reasonably be
expected to reside with the applicant will run the risk of
domestic violence in the district of the other authority.

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

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

(9) 40In section 202(1)(g) (right to request review of decision) for “private
accommodation offer” substitute “private rented sector offer”.

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CHAPTER 2 Social housing: tenure reform

Tenancy strategies

149 Tenancy strategies

(1) A local housing authority in England must prepare and publish a strategy (a
5“tenancy strategy”) setting out the matters to which the registered providers of
social housing in its district are to have regard in formulating policies relating
to—

(a) the kinds of tenancies they grant,

(b) the circumstances in which they will grant a tenancy of a particular
10kind,

(c) where they grant tenancies for a term certain, the lengths of the terms,
and

(d) the circumstances in which they will grant a further tenancy on the
coming to an end of an existing tenancy.

(2) 15The tenancy strategy must summarise those policies or explain where they
may be found.

(3) A local housing authority must have regard to its tenancy strategy in exercising
its housing management functions.

(4) A local housing authority must publish its tenancy strategy before the end of
20the period of 12 months beginning with the day on which this section comes
into force.

(5) A local housing authority must keep its tenancy strategy under review, and
may modify or replace it from time to time.

(6) If a local housing authority modifies its tenancy strategy, it must publish the
25modifications or the strategy as modified (as it considers appropriate).

(7) A local housing authority must—

(a) make a copy of everything published under this section available at its
principal office for inspection at all reasonable hours, without charge,
by members of the public, and

(b) 30provide (on payment if required by the authority of a reasonable
charge) a copy of anything so published to any member of the public
who asks for one.

(8) In this section and section 150 (preparation of tenancy strategy)—

(a) references to a registered provider of social housing for a district are to
35a registered provider who grants tenancies of dwelling-houses in that
district, and

(b) “district”, “dwelling house” and “local housing authority” have the
same meaning as in the Housing Act 1985.

150 Preparation of tenancy strategy

(1) 40Before adopting a tenancy strategy, or making a modification to it reflecting a
major change of policy, the authority must—