Growth and Infrastructure Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 1

LORD GREAVES

LORD TOPE

 

Page 1, line 17, leave out “an” and insert “a major”

 

Page 2, line 23, leave out “may” and insert “must”

 

Page 2, line 29, leave out “and”

 

Page 2, line 30, at end insert “, and

(c) transfer any fee that has been paid to that authority”

 

Page 2, line 41, at end insert—

“(6A) Where a direction is given under subsection (6), the Secretary of State shall pay to the local planning authority a proportion of the fee that has been paid in respect of the application.

(6B) A direction under subsection (6) may not be made until the Secretary of State has prescribed the methods by which the amounts to be transferred to local planning authorities under subsection (6A) are to be calculated.”

 

Page 3, line 9, at end insert—

“(9) The criteria that are to be applied under subsection (8)(a) shall have regard to—

(a) any planning performance agreements that have been entered into between applicants and the local planning authority before the submission of an application;

(b) any such agreements that have been entered into following the submission of an application;

(c) any informal agreements that have been entered into between applicants and the local planning authority to delay the issue of a decision on an application;

(d) any delays that have been caused by the failure of statutory consultees to respond within the specified time;

(e) any delays that have been caused by the failure of applicants to respond promptly to objections and concerns raised by consultees or the local planning authority; and

(f) such other matters as the Secretary of State considers to be relevant.

(10) The criteria that are to be applied under subsection (8)(b) shall have regard to—

(a) the performance of the local planning authority in relation to planning applications that it has continued to determine;

(b) the performance of the authority in relation to matters directed under subsection (6);

(c) the performance of the authority in relation to its other planning functions;

(d) the performance of the Secretary of State in relation to relevant applications; and

(e) such other matters as the Secretary of State considers to be relevant.”

LORD TRUE

 

Page 3, line 9, at end insert—

“(9) In considering any criterion published under section 8(a) which is based on the time taken to process planning applications, the Secretary of State may not take into account any time that elapses in the determination of any legal proceedings under judicial review.”

After Clause 1

LORD TOPE

 

Insert the following new Clause—

“Greater London: option to make planning application directly to Mayor of London

In the Town and Country Planning Act 1990, after section 62A insert—

“62B When application may be made directly to Mayor of London

(1) In Greater London, a relevant application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) be made instead to the Mayor of London if the following conditions are met at the time it is made—

(a) the local planning authority concerned is designated by the Secretary of State for the purposes of section 62A; and

(b) the development to which the application relates (where the application is within subsection (2)(a)), or the development for which outline planning permission has been granted (where the application is within subsection (2)(b)), is of a description described in subsection (2)(c), (d), (e) or (f).

(2) In this section “relevant application” means—

(a) an application for planning permission for the development of land in Greater London, other than an application of the kind described in section 73(1); or

(b) an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in Greater London,

in either case where the development is development—

(c) for the purposes of provision of a school that is or will be the subject of an academy arrangement made under section 1 of the Academies Act 2010;

(d) by an electricity undertaker which is not permitted development for the purposes of a development order made under section 57(1);

(e) prescribed by the Secretary of State as an application of potentially strategic importance in an order made under section 2A(4); or

(f) otherwise prescribed by the Secretary of State.

(3) Where a relevant application is made to the Mayor of London under this section, the Mayor may direct that he is to be regarded as the local planning authority for the purposes of determining the application, and the Mayor may determine it accordingly.

(4) Where a relevant application is made to the Mayor of London under this section, an application under the Planning Acts referred to in section 62A(3) (“the connected application”) may (if the person making such an application so chooses) be made instead to the Mayor of London.

(5) If the connnected application is made to the Mayor of London under subsection (4) but the Mayor considers that it is not connected with the relevant application concerned, the Mayor may—

(a) refer the connected application to the local planning authority, or hazardous substances authority, to whom it would otherwise have been made, and

(b) direct that the connected application—

(i) is to be treated as having been made to that authority (and not to the Mayor under this section), and

(ii) is to be determined by that authority accordingly.

(6) Section 38(1) (delegation of functions by the Mayor) shall apply to the Mayor of London’s functions under this section.

(7) Section 2E (section 2A and planning obligations under section 106) shall apply to any direction given under subsection (3).

(8) Section 2F (representation hearings) shall apply to any application in relation to which a direction has been given under subsection (3).””

Clause 5

LORD GREAVES

LORD TOPE

 

Page 5, line 38, leave out “be reasonable having” and insert “have”

 

Page 5, line 41, leave out “will” and insert “is likely to”

Clause 6

LORD TOPE

 

Page 9, line 38, at end insert—

“106BC Modification or discharge of affordable housing requirements: Greater London

(1) Where an application is made under section 106BA for the modification or discharge of an affordable housing requirement in respect of a development falling within section 62B(2), the appropriate authority shall notify the Mayor of London.

(2) Where the Mayor is notified of an application under subsection (1), the Mayor may decide to make any determination in relation to the application that would otherwise be made by the appropriate authority under section 106BA.

(3) The Mayor must consult the relevant local planning authority before exercising any function under this section.”

Before Clause 8

THE EARL OF LYTTON

 

Insert the following new Clause—

“Further provision regarding advance payment

After section 52A of the Land Compensation Act 1973 insert—

“52B Further provision regarding advance payment

(1) A request for an advance payment under section 52(2) must be in such form as may be prescribed by regulations to be made under this section.

(2) Where a request under section 52(2) has been made to an acquiring authority, the acquiring authority must make an advance payment within the time specified in the regulations unless any of the circumstances specified in the regulations apply.

(3) The regulations must provide for the circumstances in which an acquiring authority must be required to make an advance payment prior to taking possession of a claimant’s land.””

 

Insert the following new Clause—

“Loss payments

(1) The Land Compensation Act 1973 is amended as follows.

(2) In section 33A(2)(a) for “7.5% of the value of his interest” substitute “2.5% of the compensation amount”.

(3) In section 33A(2)(b) for “£75,000” substitute “£25,000”.

(4) In section 33A for subsection (6) substitute—

“(6) The compensation amount is the total compensation payable to the person under all heads of claim arising from the acquisition referred to in subsection (2)(a) but excluding—

(a) professional fees;

(b) interest; and

(c) any amount payable under section 29 or 33A to 33C inclusive.”

(5) In section 33A for subsection (7) substitute—

“(7) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment, the compensation amount shall also exclude any part of the compensation payable to the person that arises directly from the acquisition of or dispossession from the dwelling.”

(6) Section 33A(8) is repealed.

(7) In section 33B(2)(a) for “2.5% of the value of his interest” substitute “7.5% of the compensation amount”.

(8) In section 33B(3) for “£25,000” substitute “£75,000”.

(9) In section 33B for subsection (5) substitute—

“(5) The compensation amount is the total compensation payable to the person under all heads of claim arising from the acquisition referred to in subsection (2)(b) but excluding—

(a) professional fees;

(b) interest; and

(c) any amount payable under section 29 or 33A to 33C inclusive.”

(10) In section 33B for subsection (6) substitute—

“(6) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment, the compensation amount shall also exclude any part of the compensation payable to the person that arises directly from the acquisition of or dispossession from the dwellling.”

(11) Section 33B(7) is repealed.

(12) In section 33B(9) for “gross floor space” substitute “floor space”.

(13) In section 33B(10) for “The gross floor space must be measured externally” substitute “The floor space must be measured in accordance with guidance for the measurement of buildings issued by the Royal Institution of Chartered Surveyors in effect at the valuation date”.

(14) In section 33C(2)(a) for “2.5% of the value of his interest” substitute “7.5% of the compensation amount”.

(15) In section 33C(3) for “£25,000” substitute “£75,000”.

(16) In section 33C for subsection (5) substitute—

“(5) The compensation amount is the total compensation payable to the person under all heads of claim arising from the acquisition referred to in subsection (1)(c) but excluding—

(a) professional fees;

(b) interest; and

(c) any amount payable under section 29 or 33A to 33C inclusive.”

(17) In section 33C for subsection (6) substitute—

“(6) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment, the compensation amount shall also exclude any part of the compensation payable to the person that arises directly from the acquisition of or dispossession from the dwelling.”

(18) Section 33C(7) is repealed.

(19) In section 33C(10) for “gross floor space” substitute “floor space”.

(20) In section 33C(11) for “The gross floor space must be measured externally” substitute “The floor space must be measured in accordance with guidance for the measurement of buildings issued by the Royal Institution of Chartered Surveyors in effect at the valuation date”.

(21) In section 33I(5) for “value of the interest” substitute “compensation amount”.”

Clause 21

THE EARL OF LYTTON

 

Page 22, line 37, at end insert—

“( ) In section 58 (certifying compliance with section 56), subsections (3) to (7) are repealed.”

After Clause 24

LORD TOPE

 

Insert the following new Clause—

“Streamlining and strengthening planning in Greater London

(1) In section 2B of the Town and Country Planning Act 1990 (section 2A: supplementary provisions), subsection (8) is repealed.

(2) In the Schedule to the Town and Country Planning (Mayor of London) Order 2008 (S.I. 2008/580) (PSI applications and categories of development) after Part 3 insert—

“Part 3A Other development Category 3AA

1 Development in connection with the provision of any school or other educational establishment.

Category 3AB

1 Development required for the generation of electricity or for the provision of any associated infrastructure.””

 

Insert the following new Clause—

“Community Infrastructure Levy: Greater London

After section 222 of the Planning Act 2008 (regulations and orders: general) insert—

“222A Greater London

CIL regulations may include provisions enabling the Mayor of London to ensure that charging authorities in Greater London have proper regard to the need to be consistent with the spatial development strategy prepared and published under Part VIII of the Greater London Authority Act 1999.””

Prepared 18th January 2013