Growth and Infrastructure Bill

[Supplementary to the Third Marshalled List]

After Clause 21




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.””

After Clause 23



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.””

Clause 25



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.

Prepared 31st January 2013