Growth and Infrastructure Bill

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(6) Section 33A(8) is repealed.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”.”

Page 10, line 31, at end insert—

“(1A) The Secretary of State shall by regulation introduce statutory guidance specifying how statutory undertakers shall consult with local planning authorities.”

Page 10, line 31, at end insert—

“( ) Any changes to the electronic communications code shall relate only to broadband infrastructure, and may not be implemented until the Secretary of State has undertaken a consultation with local authorities, with the response laid before both Houses of Parliament.”

Page 10, line 31, at end insert—

“( ) The Secretary of State must by regulations introduce statutory guidance on how statutory undertakers will consult local planning authorities, and these regulations will be subject to the affirmative procedure.”

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

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.””

Insert the following new Clause—

“Planning permission required for development

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

(2) Subsection (3), after “Where by a development order (or a local development order)” insert “issued by the local planning authority.”

(3) After subsection (3), insert—

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

(a) a draft of the order; and

(b) a statement of their 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 have prepared a draft local development order, they shall consult, in accordance with regulations, persons whose interests they consider would be affected by the order.”.”

Insert the following new Clause—

“Intervention by Secretary of State or National Assembly

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

(2) Section 61B (intervention by Secretary of State or National Assembly) is repealed.”

Insert the following new Clause—

“Local development orders: procedure

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

(2) Paragraph 4 of Schedule 4A (annual report) is omitted.”

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 15, line 29, leave out “may” and insert “must”

Page 15, line 42, at end insert—

“(e) for publicising the deposit of a statement under subsection (1) in the local area”

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

Page 16, line 34, at end insert “or 8 weeks after the trigger event, if the trigger event relates to an application for planning permission or development consent”

Page 16, leave out lines 39 to 41

Page 16, leave out lines 42 and 43

Page 16, line 42, after “may” insert “subject to consultation”

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

Page 17, line 24, leave out from “which” to end of line 25 and insert—

“(a) is sent before the day on which this section comes into force, or

(b) is in an area which is not covered by an adopted local plan or an adopted neighbourhood development plan.”

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—

Page 47, leave out lines 21 to 27

Page 47, leave out lines 38 to 47

Page 48, leave out lines 27 to 34

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.””

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.””

Insert the following new Clause—

“Deregistration and exchange of land

(1) The Commons Act 2006 is amended as follows.

(2) In section 16(1) for “appropriate national authority” substitute “registration authority”.

(3) In section 17(1) for “national” substitute “registration”.

(4) In section 17(1) for “an order requiring the commons registration authority” substitute “the necessary changes”.

(5) In section 17(7) for “An order under this section may contain” substitute “A registration authority may make”.”

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”.”

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.””

Insert the following new Clause—

“Planning Act 2008: transport of construction materials

In section 37 of the Planning Act 2008 (applications for orders granting development consent), after subsection (3)(c) insert—

“( ) be accompanied by a report on the feasibility of using water and rail transport for the movement of construction materials required for, or arising from the development, and”.”

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

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).”

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 24, line 20, leave out subsection (4)

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

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

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

Page 25, leave out lines 8 to 26

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

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.

Page 29, leave out lines 41 and 42

Page 30, leave out lines 19 to 22

Page 30, line 22, at end insert—

“(4A) In relation to development in Greater London, the Secretary of State may only give a direction under subsection (1) if an application for planning permission for the development would be an application of potential strategic importance for the purposes of section 2A of the Town and Country Planning Act 1990.”

Page 30, leave out lines 23 and 24

Page 30, leave out lines 31 to 42

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

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.””

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

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.””

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.””

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.””

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.”

Insert the following new Clause—

“Development control

In the Planning and Compulsory Purchase Act 2004, after section 54 insert—

“54A Power for local planning authorities to require payment of a fixed monetary penalty for late or non-response to statutory consultations

(1) A local planning authority is required by statute to consult the statutory consultee before deciding whether to grant planning permission and where it appears to the local planning authority that—

(a) the local planning authority has not received representations concerning the application from the consultee within the timeframe specified in the consultation; or

(b) the consultee fails to give notice within the timescale specified in the consultation that it does not intend to make representations.

(2) The local planning authority may charge a penalty fee if they consider it expedient to do so (within that timeframe).

(3) A local planning authority which proposes to charge a penalty fee must—

(a) issue a document (a “statutory consultee penalty fee schedule”) setting the amount of the penalty charge payable, and other criteria, by reference to which the amount is chargeable in respect of planning applications.

(b) be mindful of relevant advice issued by Secretary of State.””

Insert the following new Clause—

“Determination of applications

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

(2) Section 74(1)(a) (enabling the Secretary of State to give directions restricting the grant of planning permission by the local planning authority) is repealed.”

Page 34, line 15, at end insert—

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

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, 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.”

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.”

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

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.”

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.”

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.”

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.”

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

Insert the following new Clause—

“Business improvement districts: proposals by local authorities

(1) The Business Improvement Districts (England) Regulations 2004 are amended as follows.

(2) In regulation 3, after paragraph (3) insert—

“(4) Where the BID proposer is the relevant billing authority, paragraph (2) shall not apply, but the relevant billing authority shall, at least 84 days before instructing the ballot holder to hold a BID ballot, notify the Secretary of State in writing of the authority’s intention to do so.”

(3) In regulation 4, after paragraph (4) insert—

“(5) Where the BID proposer is the relevant billing authority, paragraphs (2) and (4) shall not apply, but the relevant billing authority shall draw up a proposed business plan satisfying the description in paragraph (2)(a)(i)(bb).”

(4) In regulation 5, after paragraph (2) insert—

“(3) Where the relevant billing authority has drawn up BID proposals, the authority may instruct the ballot holder to hold a BID ballot.””