Growth and Infrastructure Bill

[Withdrawn]

Page 21, line 27, leave out from beginning to end of line 39 and insert—

“(3) If the original consent, or a section 33 consent that replaces it, is varied or replaced, section 31 does not apply to the development to which the consent as varied, or the replacement consent, relates (and so development consent is not required for that development).”

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“( ) In section 58 (certifying compliance with section 56), subsections (3) to (7) are repealed.”

[Withdrawn]

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”.”

Insert the following new Clause—

“Planning Act 2008: further reform—general (2)

(1) The Planning Act 2008 is amended as follows.

(2) In section 4 (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.”

(3) In section 5 (national policy statements), after subsection (9) insert—

“(9A) The Secretary of State must exercise the functions conferred by this section so as to ensure that a comprehensive series of national policy statements covering the fields of energy, transport, water, waste water and waste is designated on or before 31 March 2015.

(9B) The Secretary of State must lay before Parliament on or before 31 March 2014 a report explaining to Parliament what has been done and what is proposed to be done in order for the Secretary of State to comply with subsection (9A).”

(4) In section 51 (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.”

(5) After section 232 (orders and regulations) insert—

“232A Procedural waivers: applications for development consent

(1) At any time before or after making an application, an applicant may submit a request in writing to the Secretary of State for a direction that any relevant provision specified by the applicant in the request (“the specified provision”) 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 would be unreasonable or disproportionate for the applicant to have to comply with the specified provision, the Secretary of State may—

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

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

(4) In this section, “relevant provision” means any of the following—

(a) sections 42, 43, 44, 45, 47, 48, 50, 56, 56A and 57; and

(b) any provision contained in rules or regulations made under Part 5 or Chapter 1 of Part 6.””

Insert the following new Clause—

“Planning Act 2008: further reform of highways

For section 144(3) of the Planning Act 2008 (provisions of development consent orders for highway projects) substitute—

“(3) Subsection (2) does not apply to an order granting development consent which imposes charges in respect of the keeping or use of motor vehicles on roads by the application of Schedule 23 to the Greater London Authority Act 1999 or Part III of the Transport Act 2000, in full or in part and with or without modifications.””

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)

Page 24, line 26, leave out “To ensure that” and insert “In”

Page 24, line 28, leave out from “objections)” to end of line 35 and insert “after subsection (3) insert—

“(3A) In a case to which this section applies and to which section 131 or 132 also applies, special parliamentary procedure—

(a) may be required by subsection (2) whether or not also required by section 131(3) or 132(2), and

(b) may be required by section 131(3) or 132(2) whether or not also required by subsection (2).””

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

Page 29, line 25, leave out from “(5)” to “after” in line 27 and insert “, so far as it applies to orders granting development consent, applies to any such order made”

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

Insert the following new Clause—

“Appropriation or disposal of open space land by local authorities

(1) The Local Government Act 1972 is amended as follows.

(2) For section 122(2)(b), substitute—

“(b) the council has complied with section 127A.”

(3) In section 122(2A), for the words after “appropriating the land” substitute “the council has complied with section 127A”.

(4) In section 123(2A), for the words after “disposing of the land” substitute “the council has complied with section 127A”.

(5) In section 126(4)(b), for the words “appropriating the land” substitute “the council has complied with section 127A”.

(6) In section 126(4A), for the words after “appropriating the land” substitute “the council has complied with section 127A”.

(7) After section 127 insert—

“127A Conditions attaching to appropriation or disposal of certain lands

(1) When a local authority proposes to appropriate or dispose of land under this section—

(a) the authority shall give notice of its intention—

(i) by advertisement in two consecutive weeks in at least one newspaper circulating in the area in which the land is situated,

(ii) on the authority’s website,

(iii) by notices in prominent positions on the land,

(iv) by serving a copy of the notice on every other local authority and planning authority whose area includes or is adjacent to that area, and

(v) by serving a copy of the notice on every voluntary body known to have a concern for the maintenance of the land or adjacent land for the benefit of the public, nature conservation or historic interest;

(b) the notice shall indicate the location and boundaries of the land and of any land to be given in exchange and where further information and plans may be inspected or copies obtained;

(c) subject to subsection (2), unless the land to be appropriated or disposed of does not exceed 250 square yards (209 square metres) land must be provided in exchange that is not less in area and is equally advantageous to the public, to be vested in the local authority subject to the like rights, trusts and incidents that attach to the land to be appropriated or disposed of;

(d) the notice shall provide for a period of not less than 28 days from the date of publication of its first advertisement and display during which objections or representations can be made to the authority; and

(e) if the authority decides to amend its proposal, this shall be subject to further notice in accordance with paragraphs (a) to (d).

(2) If the local authority considers that land in exchange for that to be appropriated or disposed of under this section is wholly or partly unnecessary, the notice must state this and give the reasons for the statement.

(3) If a proposal under this section remains subject to objection and is not withdrawn after the local authority has considered the representations received, it shall be referred to the Secretary of State for decision.””

Page 29, line 32, after “may” insert “, subject to regulations excluding sites of special environmental or historic importance,”

Page 29, line 35, at end insert—

“( ) The Secretary of State must publish his reasons for giving a direction under this section.”

Page 29, leave out lines 41 and 42

Page 29, leave out line 42

Page 29, line 42, at end insert—

“(aa) the development does not involve surface mineral extraction or quarrying,”

Page 30, leave out line 8

Page 30, leave out lines 19 to 22

Page 30, line 21, leave out from “project)” to end of line 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 23 and 24 and insert—

“(5) In this section, “business or commercial project” means a project which consists of any of the following—

(a) research and development facilities;

(b) manufacturing and processing proposals;

(c) warehousing, storage and distribution facilities of significantly more than local attraction;

(d) conference and exhibition centres;

(e) leisure, tourism and sports and recreation facilities;

(f) extractive industries (mining and quarrying); and

(g) mixed-use developments, including one or more of the above uses but not retail where it is the main or predominant use or housing except where it is incidental.

(6) The Secretary of State may by order, subject to consultation—

(a) amend subsection (5) to add a new type of project or vary or remove an existing type of project;

(b) make further provision, or amend or repeal existing provision, about the types of project which are, and are not, within subsection (5).

(7) An order under subsection (6)(b) may amend this Act.”

Page 30, line 24, at end insert—

“(6) The Secretary of State must prepare and lay before Parliament a proposal for a national policy statement, setting out national policy in relation to this section.”

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.””

Page 31, line 47, at end insert—

“( ) In section 105(2)(c) (decisions in cases where no national policy statement has effect) insert at end “and in the case of a business or commercial development project shall make the decision in accordance with the relevant local plan””

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.”

Insert the following new Clause—

“General duties with respect to water industry

(1) The Water Industry Act 1991 is amended as follows.

(2) In section 2A(1) (guidance on social and environmental matters) after the words “in the guidance” insert “and about how in exercising its powers and duties, the Authority shall take into account aggregate population and housing growth projections relevant to water undertakers and sewerage undertakers”.

(3) After section 2A (general duties with respect to water industry) insert—

“2AA Duty on the Authority (Ofwat) to have regard to local population and housing growth projections in undertaking price reviews

In exercising and performing the powers and duties mentioned in subsection (1) above, the Authority (Ofwat) shall have regard to aggregate population and housing growth projections (which are agreed as part of an adopted local plan, relevant to the individual appointment area or areas of the water and sewerage undertaker).””

Page 32, line 35, at end insert—

“(11) This section shall not come into force until the Secretary of State has—

(a) published detailed up to date comparative estimates of the total numbers of those ratepayers who would be liable to pay more or less as the case may be if this section were or alternatively were not brought into force, and

(b) consulted formally with those likely to be affected by the bringing into force of this section, after publishing the information required under paragraph (a).”

Lord Smith of Leigh gives notice of his intention to oppose the Question that Clause 25 stand part of the Bill.

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.””