Growth and Infrastructure Bill

Page 1, line 8, at end insert—

“(za) the local planning authority has been given 18 months prior notice by the Secretary of State ahead of their designation for the purposes of this section;”

Page 1, line 9, after “designated” insert “in accordance with section 62A(8)(e)”

Page 1, line 11, at beginning insert “subject to paragraph (c),”

Page 1, line 14, leave out from second “is” to end of line 15 and insert “a major application of a kind described in regulations.

“(1A) The Secretary of State shall consult representatives of local government and others who he considers appropriate before laying such regulations which shall be subject to approval by both Houses of Parliament.”

Page 1, line 15, at end insert—

“(c) the application does not relate to development affecting flood risk areas, World Heritage Sites, National Parks, Areas of Outstanding National Beauty, Sites of Special Scientific Interest or a conservation area.”

Page 1, line 15, at end insert—

“(c) the local planning authority has not adopted a local plan for any part of its area within a period of 20 years prior to the date that the Secretary of State proposes to make the designation;”

Page 1, line 15, at end insert—

“(c) the application does not relate to development that is wholly or partly in a world heritage site, greenbelt, a national park, an area of outstanding national beauty, a site of special scientific interest, or a conservation area.”

Page 1, line 15, at end insert—

“(c) when designating an authority under paragraph (a) the Secretary of State must take into consideration the improvement the planning authority has made over the five years prior to designation, relating to the criteria set out under subsection (8) of this section”

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

Page 2, leave out lines 10 and 11

Page 2, line 19, at end insert—

“(3A) It shall be the responsibility of the Secretary of State to ensure that all statutory requirements that would otherwise be met by the local planning authority or hazardous substances authority, in relation to a relevant application under subsection (3), are met by him.”

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 30, at end insert—

“( ) Where an application is made to the Secretary of State under this section, the provisions of paragraph 8 of Schedule 1 shall apply to the Secretary of State as they apply to a local planning authority when determining applications for planning permission.”

Page 2, line 30, at end insert—

“( ) The decision of the Secretary of State on an application made to the Secretary of State under this section shall take full account of local and neighbourhood plans of all local planning authorities whose areas are fully or partly within the area covered by the application.”

Page 2, line 30, at end insert—

“(4A) For the purposes of subsections (3) and (4), in considering whether an application is connected to a relevant application, regard must be taken of published criteria produced following consultation.”

Page 2, line 30, at end insert—

“( ) Before reaching a decision on an application made to him under this section, the Secretary of State must ensure that there has been adequate consultation with the local community.”

Page 2, line 32, at end insert—

“(5A) Any performance standards that apply to local planning authorities in the consideration of planning applications shall also apply to the Secretary of State in the performance of his functions under this section.”

Page 2, leave out lines 33 to 41 and insert—

“(6) The Secretary of State must set out in regulations, following a period of consultation, the exact responsibilities of local authorities designated under subsection (1) in relation to planning applications made directly to the Secretary of State.”

Page 2, line 40, after “particular” insert “designated”

Page 2, line 40, after second “to” insert “designated”

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 2, line 41, at end insert—

“(6A) Any costs incurred by a local authority in carrying out directions given under subsection (6) shall be reimbursed by the Secretary of State.”

Page 2, line 47, at end insert—

“(e) local planning authorities with responsibility for all or part of a National Park, an Area of Outstanding Natural Beauty, a Site of Special Scientific Interest, a World Heritage Site or a conservation area.”

Page 2, line 47, at end insert—

“(e) a national park authority or the Broads Authority.”

Page 3, line 1, at beginning insert “Subject to paragraph (e)”

Page 3, line 1, leave out from “publish” to end of line 2 and insert “following a period of consultation with local authorities”

Page 3, line 8, leave out “and” and insert—

“( ) the length of time of such designation and the actions considered appropriate for the designation to be removed;”

Page 3, line 9, at end insert—

“( ) If a relevant application is made to the Secretary of State the provision made—

(a) for publicising the application under section 65 of this Act or under any other enactment, regulations or order, or in accordance with the policy of the designated authority;

(b) for consulting statutory bodies and other persons and bodies on the application under section 71 of this Act or under any other enactment, regulations or order, or in accordance with the policy of the designated authority; and

(c) for the period of time during which representations may be made and for the procedures for making those representations (whether in writing or in person),

shall not be less than the provision that would have been made if the application had been made to that authority.”

Page 3, line 9, at end insert—

“( ) If a relevant application is made to the Secretary of State, the provision made for providing persons and bodies with the ability to inspect the documents provided in support of the application, consultation responses from statutory and other bodies, and comments by other persons, shall not be less than the provision that would have been made if the application had been made to that authority; and in particular provision must be made for the documents, responses and comments to be available for inspection—

(a) at a convenient location or locations within the area of the designated authority; and

(b) on a website with free and open access.”

Page 3, line 9, at end insert—

“( ) Before designating an authority under this section, the Secretary of State must serve a notice of intention to designate (“the notice”).

( ) The notice must—

(a) specify the reasons for serving the notice, all of which must have regard to the criteria that the Secretary of State has published under subsection (8)(a);

(b) specify those actions by the authority which the Secretary of State believes are necessary to satisfy the reasons for serving the notice; and

(c) give the authority a period of twelve months in which to take the specified actions.

( ) At the end of the twelve month period, the Secretary of State must publish a report which sets out the extent to which the reasons for serving the notice still apply or no longer apply, and—

(a) confirm the designation;

(b) withdraw the designation; or

(c) serve a further notice specifying a further period of not more than six months in which the authority may take further specified actions, at the end of which the provisions of this subsection will again apply.”

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.”

Page 3, line 9, at end insert—

“(9) In considering any criterion published under subsection 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.”

Page 3, line 9, at end insert—

“(e) the criteria for designation and revocation shall be set out in Regulations, which shall be laid before both Houses of Parliament and approved by resolution of each House.”

Page 3, line 9, at end insert—

“(9) Before designating an authority under this section, the Secretary of State shall—

(a) serve a notice of intention to designate, and

(b) allow a period of four weeks for the local authority, on which notice is served, to make representations to the Secretary of State concerning why designation would be inappropriate.”

Page 3, line 9, at end insert—

“(9) The Secretary of State shall give notice to an authority if he considers that the criteria for designation are likely to be applicable.

(10) When a notice has been issued in accordance with subsection (9), the Secretary of State shall be required to offer a programme of support to the authority, with the objective of improving its performance, before a designation may be made.”

Page 3, line 13, at end insert—

“( ) This section shall cease to have effect one year after it comes into force.”

The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.

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 the new 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).””

Page 39, line 16, after “may” insert “with the agreement of the designated local planning authority and the applicant”

Page 3, line 20, after “direct,” insert “subject to criteria set out in regulations,”

Page 3, line 23, after “directs” insert “, subject to criteria set out in regulations,”

Page 3, line 35, after “direct,” insert “subject to criteria set out in regulations,”

Page 3, line 38, after “directs” insert “, subject to criteria set out in regulations,”

Page 4, line 5, after “State” insert “, subject to mitigating circumstances, to include circumstances beyond the control of the holder of the inquiry or hearing,”

Page 4, line 12, after “direct,” insert “subject to criteria set out in regulations,”

Page 4, line 15, after “directs” insert “, subject to criteria set out in regulations,”

Page 5, line 4, leave out “if he thinks fit” and insert “with the agreement of both parties”

Page 5, line 7, at end insert—

“(12) The Secretary of State must publish—

(a) the criteria that are to be applied by the Secretary of State in deciding whether sub-paragraph (11) should be employed; and

(b) the reasons of the Secretary of State for directing that “anything” be done under sub-paragraph (11).”

Page 5, line 13, after “applies” insert “, subject to mitigating circumstances to include circumstances beyond the control of the holder of the inquiry or hearing”

Page 5, line 18, at end insert—

“(c) to the costs of a local authority that is a party to a public local inquiry held in England in pursuance of this Act where one or more other parties does not attend the inquiry.”.

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

Page 5, line 40, leave out from “if” to “that” in line 41 and insert “the local planning authority thinks”

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

Page 5, line 42, at end insert—

“(4B) The meaning of “reasonable” in subsection (4A) shall include any information—

(a) required as a consequence of any enactment; and

(b) required as a result of the request of any government departments, government agency or statutory consultee including any other principal local authority that is consulted on the application.”

Lord Greaves gives notice of his intention to oppose the Question that Clause 5 stand part of the Bill.

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.”

Lord McKenzie of Luton gives notice of his intention to oppose the Question that Clause 6 stand part of the Bill.

Insert the following new Clause—

“Indebtedness

(1) The Localism Act 2011 is amended as follows.

(2) Section 171 (limits on indebtedness) is repealed.

(3) In Part 7 of the Localism Act 2011 insert—

“Definition of indebtedness

(1) A local authority shall determine and keep under review the amount of housing debt held by that authority.

(2) A determination under this section must have regard to the duty to determine an affordable borrowing limit under section 3 of the Local Government Act 2003 (duty to determine affordable borrowing limit).

(3) A determination under this section must have regard to any guidance issued or approved by the Secretary of State.

(4) A local housing authority may not hold debt in contravention of a determination under this section.

(5) In this section “housing debt”, in relation to a local housing authority, means debt—

(a) which is held by the authority in connection with the exercises of its functions relating to houses and other property within its housing revenue account, and

(b) interest and other charges in respect of which are required to be carried to the debit of that account.””

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”.”

The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.

Insert the following new Clause—

“Extension of economic development powers to Councils

(1) In the Localism Act 2011, after section 16 insert—

“16A Duty to report on proposals for the extension of devolved economic development powers to all local councils

(1) Within one year of second round of bespoke “city deals” being completed, the Secretary of State must lay before Parliament a report setting out the government proposals, policies and timescales for the extension of devolved economic development powers to all local councils.

(2) The report must, in particular, fully set out—

(a) the case for making the “core package” of devolved powers achieved in the second round of bespoke “city deals” available to all councils to help boost growth; and

(b) the time-scales over which those proposals and policies are expected to take effect.

(3) Where the Secretary of State has determined it not appropriate to extend devolutionary powers to all local councils, the report must, in particular, fully set out—

(a) why this has been determined as not appropriate;

(b) include a resolution that sets out how the government intends to review this determination; and

(c) the review of this determination must be laid before Parliament not later than one year following the laying of the original report.””

Page 15, line 26, after “must” insert—

“(a) ”

Page 15, line 28, at end insert—

“(b) take such steps to publicise the deposit of the statement as it considers necessary to bring it to the attention of persons who may be affected by it, which must include a site notice, advertisement in a local newspaper circulating in the area, and a statement on the authority’s website;

(c) notify prescribed organisations”

Page 15, line 28, at end insert—

“( ) A statement under subsection (1) may not be made until regulations prescribing the matters referred to in subsection (6) have come into effect.”

Page 16, line 32, leave out “if an” and insert “six months after the”

Page 16, leave out lines 39 to 41

Page 16, leave out lines 42 and 43

Page 16, line 44, leave out from beginning to end of line 3 on page 17

Page 17, leave out lines 7 to 11

Page 17, leave out lines 19 to 22

The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.

Page 46, line 6, leave out from beginning to end of line 20 on page 49 and insert—

Lord Greaves gives notice of his intention to oppose the Question that Schedule 4 be the Fourth Schedule to the Bill.

Insert the following new Clause—

“Development orders: development within the curtilage of a dwelling house

(1) Section 61 of the Town and Country Planning Act 1990 (development orders: supplementary provisions) is amended as follows.

(2) After subsection (3) insert—

“(4) Any development order or amendment to an existing development order made after 1 January 2013 that grants planning permission for development within the curtilage of a dwelling house shall not apply within the jurisdiction of a local planning authority until that authority has resolved that it shall.””

Page 22, line 35, at end insert—

“(4A) In section 150(1) (removal of consent requirements), for the words “been consulted by the applicant about the inclusion of the provision” substitute “consented to the inclusion of the provision”.”

Page 22, line 37, at end insert—

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

Insert the following new Clause—

“Planning Act 2008: further reform of highways

Section 144 of the Planning Act 2008 (provisions of development consent orders for highway projects) is repealed.”

Insert the following new Clause—

“Planning Act 2008: further reform — general

(1) In section 51 of the Planning Act 2008 (advice for potential applicants and others), after subsection (4) insert—

“(5) Regulations under subsection (3) may also make provision for the oversight by a person appointed by the Secretary of State (including by the giving of advice and opinion) of the preparations being made by an applicant in relation to a proposed application, and the applicant’s compliance with the provisions of this Part and those having effect under it and the regulations may require, in particular—

(a) participation, by the applicant and any person being consulted on the application, in the oversight arrangements made by the person appointed by the Secretary of State, including by attending hearings held by that person; and

(b) the payment of fees by the applicant for the cost of the oversight arrangements.”

(2) After section 54 of the Planning Act 2008 (rights of entry: crown land) insert—

“54A Waivers: pre-application procedure

(1) An applicant may, at any time before or after making an application, submit a request in writing to the Secretary of State for a direction that any provision contained in this Part or in rules or regulations made under this Part shall not apply (or shall apply in part only) to the application.

(2) A request made under subsection (1) shall give reasons for the request.

(3) Where a request is made under subsection (1) and the Secretary of State is satisfied that it is impossible, impracticable or unnecessary for the applicant to comply with any provision contained in this Part or in rules or regulations made under this Part, the Secretary of State may—

(a) direct that the provision in question shall not apply, or shall apply in part only, to the application in question; and

(b) whether or not a direction has been given pursuant to sub-paragraph (a), direct that the applicant shall comply with the provision in question, or any part of it, at such later date as may be specified in the direction.”

(3) In section 4 of the Planning Act 2008 (fees), after subsection (3) insert—

“(3A) The regulations may only require the payment of fees in relation to the examination of an application with reference to those days during the examination period when the application was actually examined by the Examining authority.””

Page 23, line 32, at end insert—

“(d) in subsection (12) in the definition of “common”, “fuel or field garden allotment” and “open space” at the end insert the words “but with the qualification that no land used for the purposes of public recreation is an open space for the purposes of this section unless the use of the land for that purpose has been designated by the local authority in whose area the land lies””

Page 24, line 19, at end insert—

“(d) in subsection (12) in the definition of “common”, “fuel or field garden allotment” and “open space” at end insert the words “but with the qualification that no land used for the purposes of public recreation is an open space for the purposes of this section unless the use of the land for that purpose has been designated by the local authority in whose area the land lies””

Page 30, leave out lines 23 and 24

Page 31, line 47, at end insert—

“( ) After section 43 insert—

“43A Parish councils: notification of applications for development consent

Where an application is made to the Secretary of State for development consent the provisions of Paragraph 8 of Schedule 1 of the Town and Country Planning Act 1990 shall apply to the Secretary of State as they apply to a local planning authority when determining applications for planning permission.””

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—

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

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.””

Page 34, line 15, at end insert—

“( ) Any individual who declines to enter into an agreement under section 27 of the Growth and Infrastructure Act 2013 shall not suffer any consequential reduction or withdrawal of any state benefits to which they are entitled to by virtue of their current employment status.”

Page 34, leave out lines 17 and 18

Page 34, leave out lines 19 and 20

Page 34, leave out line 21

Page 34, leave out line 22

Page 34, leave out lines 23 to 32

Page 34, leave out lines 33 to 38

Page 34, leave out lines 39 to 43

The above-named Lords give notice of their intention to oppose the Question that Clause 27 stand part of the Bill.