Growth and Infrastructure Bill


Clause 6



Page 6, line 5, at end insert—

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




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.”


Page 8, line 5, at end insert—

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

After Clause 7



Insert the following new Clause—

“Time when development begun

(1) Section 56 of the Town and Country Planning Act 1990 (time when development begun) is amended as follows.

(2) In subsection (4)—

(a) in paragraph (a)—

(i) omit first “of”,

(ii) omit “in the course of the erection”,

(b) in paragraph (b)—

(i) omit “the digging of a trench which is to contain”,

(ii) omit “part”,

(iii) at beginning insert “laying”,

(iv) after “, or” insert “more than 50%”,

(c) in paragraph (c)—

(i) omit first “any”,

(ii) after first “any” insert “all necessary”,

(iii) omit “pipe” and insert “pipes”,

(d) in paragraph (d)—

(i) omit “any operation in the course of laying out”,

(ii) omit “part”,

(iii) after second “or” insert “more than 50%”.”

After Clause 8





Insert the following new Clause—

“Definition of indebtedness

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

(2) For section 171 substitute—

“171 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 and this may include provision requiring a person making a determination under subsection (1) or (2) to have regard to one or more specified codes of practice, whether issued by the Secretary of State or another.

(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.””

Prepared 23rd February 2013