Growth and Infrastructure Bill

SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 16th January 2013, as follows—

Clauses 4 to 6
Schedule 2
Clauses 7 to 9
Schedule 3
Clauses 10 to 14
Schedule 4
Clauses 15 to 32

[Amendments marked * are new or have been altered]

Clause 4

LORD MCKENZIE OF LUTON

51A*

Page 5, line 25, leave out “, or of the Secretary of State,”

Clause 5

LORD GREAVES

LORD TOPE

LORD MCKENZIE OF LUTON

52

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

53

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

54

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

LORD GREAVES

LORD TOPE

55

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

 

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

After Clause 5

LORD BEST

LORD TOPE

55ZA

Insert the following new Clause—

“Time when development began

In section 56 of the Town and Country Planning Act 1990 (time when development began) after subsection (4)(e) insert—

“(f) such works as may be described in a condition attached to the relevant planning permission having been agreed between the local planning authority and the applicant for that planning permission.””

Clause 6

LORD BEST

LORD TOPE

LORD MCKENZIE OF LUTON

55A

Page 6, line 5, at end insert—

“(1A) This section only applies in relation to English planning obligations agreed prior to Royal Assent.”

LORD MCKENZIE OF LUTON

55AA*

Page 6, line 7, after “may” insert “, after the expiry of the relevant period,”

55AB*

Page 6, leave out lines 11 and 12

LORD TOPE

LORD SHIPLEY

55AC

Page 6, line 15, at end insert—

“(2A) An authority can only make a determination in accordance with subsection (3)(a) if it is satisfied, having regard to the development plan, that modifications to planning obligations other than the affordable housing requirements affecting the development or a reduction in the level of the community infrastructure levy payable would not be more appropriate.”

LORD MCKENZIE OF LUTON

55AD*

Page 6, line 18, leave out “means” and insert “is assessed by the local authority to be the sole reason”

55AE*

Page 6, line 24, at end insert—

“(3A) An authority may only make a determination in accordance with subsection (3)(a) if it is satisfied that—

(a) it would not result in the development being in material conflict with the strategic policies of the development plan, and

(b) an alternative form of development in accordance with the development plan would not be economically viable.”

55AF*

Page 6, line 41, at beginning insert “Subject to subsection (7A),”

LORD BEST

LORD TOPE

LORD MCKENZIE OF LUTON

55B

Page 6, leave out lines 44 to 46

LORD GREAVES

LORD TOPE

55BA*

Page 7, line 4, at end insert “but a modification under this subsection may have an effect that the obligation is more onerous in one aspect in return for being less onerous in another or others without becoming more onerous overall”

LORD MCKENZIE OF LUTON

55BB*

Page 7, line 8, at end insert—

“(7A) Where the local authority has reasonable grounds to believe that the value of the land, on which planning consent with a planning obligation that contains an affordable housing requirement is placed, has risen and the original obligation has not been reasonably met at the end of two years they may—

(a) determine that requirement is to have effect subject to modifications,

(b) determine that the requirement is to be replaced with a different affordable housing requirement, or

(c) determine that the requirement will be subject to review within a given time period.”

55BC*

Page 7, line 10, leave out “guidance issued by the Secretary of State.” and insert “regulations, subject to consultation, setting out the criteria upon which viability, for the purposes of this section, is to be assessed.

(8A) Regulations under subsection (8) shall be in the form of a statutory instrument and shall not be made unless a draft of them has been laid before and approved by both Houses of Parliament.”

55BD*

Page 7, line 21, at end insert—

“(10A) If at the end of two years from the date set, in accordance with subsection (10), the obligation as modified has not been met, the modification shall cease to have effect and the original obligation shall be reinstated.”

BARONESS HANHAM

55C

Page 7, line 26, at end insert—

“(11A) This section and section 106BB do not apply in relation to an English planning obligation if planning permission for the development was granted wholly or partly on the basis of a policy for the provision of housing on rural exception sites.”

LORD MCKENZIE OF LUTON

55CA*

Page 7, line 31, after “market” insert “but not including requirements for land on the site to be reserved and transferred at nil cost to a local planning authority or registered provider of social housing”

LORD GREAVES

LORD TOPE

55CB*

Page 7, line 37, at end insert—

““economically viable” and “economically unviable” must be interpreted having regard to any guidance that may be issued by the Secretary of State;”

LORD MCKENZIE OF LUTON

55CC*

Page 7, line 42, at end insert—

““relevant period” means—

(a) such period as may be prescribed; or

(b) if no period is prescribed, the period of two years beginning with the date of the planning permission for the development”

LORD SHIPLEY

LORD TOPE

LORD MCKENZIE OF LUTON

55CD

Page 8, line 2, at end insert—

“(16) No applications shall be made under this section once three years have passed from it coming into effect.”

LORD BEST

LORD SHIPLEY

55D

Page 8, line 16, at end insert—

“( ) This period should be consistent with that prescribed to authorities under subsection (9) of section 106BA of the Town and Country Planning Act 1990.”

LORD BEST

LORD SHIPLEY

LORD MCKENZIE OF LUTON

55E

Page 8, line 16, at end insert—

“( ) For the purpose of an appeal under this section, the Secretary of State must give material weight to the decision made by the authority under section 106BA and relevant evidence submitted by that authority.”

55EA

Page 9, line 15, after “period,” insert—

“( ) the modifications necessary to ensure that if the market value of the development has increased over that predicted before the first application under section 106BA in relation to the obligation, the developer will pay a contribution proportionate to the increase in value to the local planning authority.”

LORD MCKENZIE OF LUTON

55EB*

Page 9, line 19, leave out “three years” and insert “two years”

LORD BEST

LORD SHIPLEY

LORD MCKENZIE OF LUTON

55F

Page 9, line 38, at end insert—

“(19) Where a planning obligation is modified under this section following an appeal, the applicant must commence development within 6 months of the final appeal decision.”

LORD TOPE

LORD JENKIN OF RODING

56

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

 

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

After Clause 6

LORD SHIPLEY

LORD TOPE

LORD JENKIN OF RODING

LORD BEST

57

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.””

LORD GREAVES

57A*

Insert the following new Clause—

“Planning obligations: limitations on use

Paragraphs 122 and 123 of the Community Infrastructure Levy Regulations 2010 (planning obligations) shall cease to have effect.”

Clause 7

LORD GREAVES

LORD TOPE

57B*

Page 10, line 10, leave out from “disposals,” to end of line 11

57C*

Page 10, line 12, leave out from beginning to “to” in line 13

57D*

Page 10, line 18, leave out subclause (3)

Before Clause 8

THE EARL OF LYTTON

58

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.””

59

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 8

LORD GREAVES

BARONESS PARMINTER

LORD JUDD

LORD MARLESFORD

 

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

After Clause 8

LORD TOPE

LORD JENKIN OF RODING

60

Insert the following new Clause—

“Extension of economic development powers to councils

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.””

Clause 13

LORD GREAVES

LORD TOPE

LORD JUDD

61

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

“(a) ”

62

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”

63

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.”

Clause 14

LORD GREAVES

LORD TOPE

64

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

65

Page 16, leave out lines 39 to 41

66

Page 16, leave out lines 42 and 43

67

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

68

Page 17, leave out lines 7 to 11

69

Page 17, leave out lines 19 to 22

LORD GREAVES

LORD JUDD

 

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

Schedule 4

LORD GREAVES

70

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

“Trigger events Terminating events
1. The grant of planning permission in relation to the land under section 70 of the 1990 Act. The period within which the development to which the permission relates must be begun expires without the development having been begun.
2. The grant of planning permission in relation to the land under section 293A of the 1990 Act. The period within which the development to which the permission relates must be begun expires without the development having been begun.
3. A development plan document which identifies the land for potential development is adopted under section 23(2) or (3) of the 2004 Act. (a) The document is revoked under section 25 of the 2004 Act. (b) A policy contained in the document which relates to the development of the land in question is superseded by another policy by virtue of section 38(5) of that Act.
4. A neighbourhood development plan which identifies the land for potential development is made under section 38A of the 2004 Act. (a) The plan ceases to have effect. (b) The plan is revoked under section 61M of the 1990 Act (as it applies by virtue of section 38C9) of the 2004 Act. (c) A policy contained in the document which relates to the development of the land in question is superseded by another policy by virtue of section 38(5) of that Act.
5. A development plan for the purposes of section 27 or 54 of the 1990 Act, or anything treated as contained in such a plan by virtue of Schedule 8 to the 2004 Act, continues to have effect (by virtue of that Schedule) on the commencement of section 14 of the Growth and Infrastructure Act 2013 and identifies the land for potential development. The plan ceases to have effect by virtue of paragraph 1 of Schedule 8 to the 2004 Act.
6. An order is made granting development consent under section 114 of the 2008 Act in relation to the land. The period within which the development to which the permission relates must be begun expires without the development having been begun.”

 

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

After Clause 15

LORD TRUE

LORD TOPE

LORD MCKENZIE OF LUTON

71

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.””

LORD MCKENZIE OF LUTON

71A*

Insert the following new Clause—

“Local powers to establish permitted development rights

(1) Section 57 of the Town and Country Planning Act 1990 (planning permission required for development) is amended as follows.

(2) In subsection (3) after second “order” insert “, issued by the local planning authority,”.

(3) After subsection (3) insert—

“(3A) Where a local planning authority proposes to make an order under this section, it shall first prepare—

(a) a draft of the order; and

(b) a statement of its reasons for making the order.

(3B) The statement of reasons shall contain—

(a) a description of the development which the order would permit; and

(b) a plan or statement identifying the land to which the order would relate.

(3C) Where a local planning authority has prepared a draft local development order, it shall consult, in accordance with regulations, persons whose interests it considers would be affected by the order.””

Clause 21

LORD BERKELEY

LORD JENKIN OF RODING

72*

Page 22, line 35, at end insert—

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

THE EARL OF LYTTON

73

Page 22, line 37, at end insert—

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

After Clause 21

LORD BERKELEY

BARONESS VALENTINE

74

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.”

LORD BERKELEY

LORD JENKIN OF RODING

75

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.””

Clause 22

LORD GREENWAY

75A

Page 22, line 39, leave out “Sections 128 and 129” and insert “In section 128”

75B

Page 22, line 42, leave out “repealed” and insert “amended.

(1A) In subsection (1) leave out paragraph (a) and in paragraph (b) leave out “statutory undertakers (other than a local authority)” and insert “any persons authorised by any enactment to carry on any railway, dock, harbour, pier, or lighthouse undertaking”.

(1B) In subsection (3)(a) leave out “the local authority or (as the case may be) the statutory undertakers” and insert “the undertakers referred to in subsection (1)”.

(1C) Leave out subsections (5) and (6).”

LORD BERKELEY

LORD JENKIN OF RODING

76

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””

77

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””

LORD GREENWAY

77ZA

Page 24, line 20, leave out subsection (4)

LORD FAULKNER OF WORCESTER

 

Lord Faulkner of Worcester gives notice of his intention to oppose the Question that Clause 22 stand part of the Bill.

Clause 23

LORD GREENWAY

77ZB

Page 25, line 3, after “section” insert “128,”

77ZC

Page 25, line 5, after “over,” insert “land of transport undertakers,”

LORD FAULKNER OF WORCESTER

77ZD*

Page 25, leave out lines 8 to 26

77ZE*

Page 25, line 30, leave out from “provision” to the end of line 41

77ZF*

Page 29, leave out lines 4 to 24

 

Lord Faulkner of Worcester gives notice of his intention to oppose the Question that Clause 23 stand part of the Bill.

Clause 24

BARONESS YOUNG OF OLD SCONE

LORD GREAVES

77A

Page 29, leave out lines 41 and 42

77B

Page 30, leave out lines 19 to 22

LORD BERKELEY

LORD JENKIN OF RODING

78

Page 30, leave out lines 23 and 24

BARONESS YOUNG OF OLD SCONE

LORD GREAVES

78A

Page 30, leave out lines 31 to 42

LORD JENKIN OF RODING

78B

Page 30, line 32, leave out “35(2)(a)(ii) (business or commercial projects of prescribed description)” and insert “35(2)(a)”

LORD GREAVES

LORD TOPE

THE EARL OF LYTTON

79

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 to 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.””

BARONESS YOUNG OF OLD SCONE

LORD GREAVES

 

The above-named Lords give notice of their intention to oppose the Question that Clause 24 stand part of the Bill.

After Clause 24

LORD TOPE

LORD JENKIN OF RODING

BARONESS VALENTINE

80

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.””

LORD TOPE

81

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.””

BARONESS YOUNG OF OLD SCONE

81A

Insert the following new Clause—

“Requirement on Secretary of State to consider climate change when drawing up a national policy statement

(1) After section 5 of the Planning Act 2008 insert—

“5A Climate change

A statement may only be designated under section 5 if the Secretary of State is satisfied that (taken as a whole) the policy in the statement contributes to the mitigation of and adaptation to climate change.”

(2) After section 13 of the 2008 Act insert—

“13A Cumulative effects

(1) The Secretary of State shall publish on 6 April each year a report setting out the cumulative effect of development consents granted under this Act on the mitigation of and adaptation to, climate change.

(2) A statement designated under section 5 must contain a statement to the effect that it is the Secretary of State’s view that the requirement of subsection (1) is satisfied.””

81B

Insert the following new Clause—

“Requirement of Secretary of State to consider climate change when making decisions

(1) In section 105(2) of the Planning Act 2008, after paragraph (b) insert—

“(ba) the cumulative effect of development consents on the mitigation of, and adaptation to, climate change as set out in the report published by the Secretary of State under section 13A,”.

(2) After subsection (2) in that section insert—

“(3) For the purposes of subsection (2)(ba), the reference to the report published by the Secretary of State under section 13A means the last report published under that section.””

81C

Insert the following new Clause—

“Development plan documents: climate change policies

In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of local development documents) after subsection (1) insert—

“(1A) Development plan documents must (taken as a whole) include policies designed to secure that the development and use of land in the local planning authority’s area contribute to the mitigation of, and adaptation to, climate change in line with the objectives and provisions of the Climate Change Act 2008.”

Clause 27

LORD PANNICK

LORD ADONIS

81D

Page 34, line 15, at end insert—

“(d) the conditions regulating the agreement contained in subsection (12) are satisfied.”

LORD ADONIS

LORD PANNICK

82

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.”

BARONESS BRINTON

82A

Page 34, line 15, at end insert—

“(1A) Before entering into an agreement for employee shareholder status—

(a) the employee or prospective employee shall have the right to receive appropriate legal advice, or

(b) the company shall draw to the attention of the employee or prospective employee their right to receive appropriate legal advice.”

82B

Page 34, line 15, at end insert—

“(1B) The company must make available such funds as are necessary to provide appropriate legal advice under subsection (1A) to employees or prospective employees.”

LORD ADONIS

LORD PANNICK

83

Page 34, leave out lines 17 and 18

84

Page 34, leave out lines 19 and 20

85

Page 34, leave out line 21

86

Page 34, leave out line 22

87

Page 34, leave out lines 23 to 32

88

Page 34, leave out lines 33 to 38

89

Page 34, leave out lines 39 to 43

BARONESS BRINTON

90

Page 35, line 4, at end insert—

“( ) The refusal to enter a voluntary agreement under subsection (1)(a) by any person shall not be grounds for reducing or withdrawing any state benefit to which they are entitled by virtue of their current employment status.”

91

Page 35, line 25, at end insert—

“(10A) The meaning of “appropriate legal advice” for the purposes of this section shall be determined by the Secretary of State.”

LORD PANNICK

LORD ADONIS

92

Page 35, line 28, at end insert—

“(12) For the purposes of subsection (1)(d) the conditions regulating the agreement that an individual is to be an employee shareholder are as follows—

(a) the agreement must be in writing,

(b) the agreement must specify—

(i) the employment rights which the individual will not have if he agrees to become an employee shareholder, and

(ii) the value of the shares which the individual will be issued or allotted,

(c) the individual must have received advice from an independent practising barrister or solicitor (who is not employed by or acting for the employer or any associated company) as to the terms and effects of the proposed agreement and in particular its effects on his current or prospective employment rights,

(d) the individual must have received advice from an independent adviser on the valuation and prospects of the shares which the company proposes to issue or allot to the individual or proposes to procure the issue or allotment to the individual,

(e) a person is an independent adviser for the purpose of paragraph (d) above if he is a regulated individual with appropriate experience to provide advice on the valuation and prospects of shares, as specified in an Order made by the Secretary of State,

(f) the agreement must identify the relevant advisers who have provided advice for the purposes of paragraphs (c) and (d) above, and

(g) the agreement must state that the conditions set out in paragraphs (a) to (f) above are satisfied.”

LORD ADONIS

93*

Page 36, line 5, at end insert—

“(7) This section shall only come into operation after an independent assessment of the revenue implications for HMRC, conducted by the Office for Budget Responsibility, in respect of each financial year from 2014 to 2030, is laid before both Houses of Parliament.”

LORD ADONIS

LORD PANNICK

 

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

Prepared 25th January 2013