Growth and Infrastructure Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 14th February 2013, as follows—

Clause 1
Schedule 1
Clauses 2 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 1

LORD MCKENZIE OF LUTON

1

Page 1, line 9, after “designated” insert “in accordance with subsection (9)”

LORD TOPE

LORD SHIPLEY

LORD MCKENZIE OF LUTON

2*

Page 1, line 10, at end insert—

“(aa) the local planning authority has been given 12 months prior notice by the Secretary of State ahead of their designation for the purposes of this section.”

LORD MCKENZIE OF LUTON

3

Page 1, line 14, leave out from second “is” to end of line 15 and insert “a major application of a kind described in regulations”

BARONESS HANHAM

4

Page 1, line 14, leave out from second “is” to ““relevant” in line 16 and insert “major development.

(2) In this section—

“major development” means development of a description prescribed by the Secretary of State;”

LORD MCKENZIE OF LUTON

5

Page 2, line 33, at end insert—

“( ) Before reaching a decision on an application made to him under this section, the Secretary of State must ensure that there has been adequate consultation with the local community.”

6

Page 2, line 44, at end insert—

“(6A) The Secretary of State shall make a reasonable contribution to the costs incurred by a local authority in carrying out directions given under subsection (6).”

BARONESS HANHAM

7

Page 2, line 44, at end insert—

“62B Designation for the purposes of section 62A

(1) An authority may be designated for the purposes of section 62A only if—

(a) the criteria that are to be applied in deciding whether to designate the authority are set out in a document to which subsection (2) applies,

(b) by reference to those criteria, the Secretary of State considers that there are respects in which the authority are not adequately performing their function of determining applications under this Part, and

(c) the criteria that are to be applied in deciding whether to revoke a designation are set out in a document to which subsection (2) applies.

(2) This subsection applies to a document if—

(a) the document has been laid before Parliament by the Secretary of State,

(b) the 40-day period for the document has ended without either House of Parliament having during that period resolved not to approve the document, and

(c) the document has been published (whether before, during or after the 40-day period for it) by the Secretary of State in such manner as the Secretary of State thinks fit.

(3) In this section “the 40-day period” for a document is the period of 40 days beginning with the day on which the document is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).

(4) In calculating the 40-day period for a document, no account is to be taken of any period during which—

(a) Parliament is dissolved or prorogued, or

(b) both Houses of Parliament are adjourned for more than four days.”

8

Page 2, line 45, leave out “this section” and insert “section 62A”

LORD JUDD

LORD MCKENZIE OF LUTON

9

Page 3, line 1, at end insert—

“(e) the National Parks Authorities; and

(f) the Broads Authority.”

BARONESS WHITAKER

THE EARL OF LYTTON

10*

Page 3, line 1, at end insert—

“(7A) In making a designation under this section the Secretary of State must consider—

(a) whether the authority has, taken as a whole, contributed to the achievement of sustainable development and good design;

(b) the views of any Parish or Town councils or Neighbourhood or Business forums who are undertaking a Neighbourhood Plan; and

(c) the wider public interest in making such a designation not withstanding any criteria set out under section 1(8).

(7B) In each and every case of designation the Secretary of State must publish (in such manner as the Secretary of State thinks fit) a statement setting out the reasons for the designation and how it fulfils the obligations set out in (7A).”

BARONESS HANHAM

11

Page 3, leave out lines 4 to 7

12

Page 3, line 8, leave out “this section” and insert “section 62A”

LORD TRUE

LORD TOPE

LORD SHIPLEY

13

Page 3, line 10, at end insert—

“( ) In the case of a major development made under this section directly to the Secretary of State, the Secretary of State must—

(a) make provision to enter into a full consultation with the local residents on the proposed development;

(b) ensure that the results of the consultation are displayed for a period of four weeks after completion of the consultation on the local planning authority’s website; and

(c) meet, or require the applicant to meet, the costs of any such consultation.”

LORD MCKENZIE OF LUTON

14

Page 3, line 10, at end insert—

“(9) The criteria for designation and revocation shall be set out in regulations, which shall be laid before both Houses of Parliament and approved by resolution of each House.”

15

Page 3, line 10, at end insert—

“( ) Before designating an authority under this section, the Secretary of State shall—

(a) serve a notice of intention to designate, and

(b) allow a period of four weeks for the local authority, on which notice is served, to make representations to the Secretary of State concerning why designation would be inappropriate.”

16*

Page 3, line 10, at end insert—

“( ) The Secretary of State shall arrange for an independent review into the impact of the operation of this section on local authorities to be undertaken at the end of a three year period from the date that this section comes into force, and shall lay a report before each House of Parliament.”

BARONESS HANHAM

17

Page 3, line 10, at end insert—

“62C Notifying parish councils of applications under section 62A(1)

(1) If an application is made to the Secretary of State under section 62A(1) and a parish council would be entitled under paragraph 8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must notify the council of—

(a) the application, and

(b) any alteration to the application accepted by the Secretary of State.

(2) Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply to duties of a local planning authority under paragraph 8(1) of that Schedule.

(3) An authority designated for the purposes of section 62A must comply with requests from the Secretary of State for details of requests received by the authority under paragraph 8(1) of Schedule 1.””

LORD MCKENZIE OF LUTON

18*

Leave out Clause 1

Schedule 1

BARONESS HANHAM

19

Page 38, line 37, after “71” insert “or paragraph 8(6) of Schedule 1”

Clause 4

LORD MCKENZIE OF LUTON

20

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

After Clause 4

BARONESS HANHAM

21

Insert the following new Clause—

“Local development orders: repeal of pre-adoption intervention powers

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

(2) Section 61B(1) to (7) (Secretary of State or Welsh Ministers may call in unadopted local development order for approval or may direct that it be modified) cease to apply in relation to England.

(3) Accordingly—

(a) in section 61B(1) (power to call in unadopted order) after “local planning authority” insert “in Wales,”, and

(b) in section 61B(6) (power to direct that unadopted order be modified) after “local development order” insert “being prepared by a local planning authority in Wales”.

(4) In section 61B, after subsection (7) insert—

“(7A) Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order’s adoption as is reasonably practicable.”

(5) In paragraph 1 of Schedule 4A (power to specify procedure for preparing local development orders) after sub-paragraph (2) insert—

“(2A) Sub-paragraph (2)(a) applies in relation to England as if for “submission, approval, adoption,” there were substituted “adoption, post-adoption submission,”.”

(6) In Schedule 4A omit—

(a) paragraph 4 (information about local development orders to be included in English planning authorities’ monitoring reports under section 35 of the Planning and Compulsory Purchase Act 2004), and

(b) in paragraph 1(3), the words “35 or”.”

Clause 6

LORD MCKENZIE OF LUTON

LORD BEST

22

Page 6, line 5, at end insert—

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

LORD SHIPLEY

LORD TOPE

23

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.”

BARONESS HANHAM

24

Page 7, line 10, after “to” insert “—

(a) ”

LORD MCKENZIE OF LUTON

25*

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.”

BARONESS HANHAM

26

Page 7, line 10, at end insert “, and

(b) where the determination relates to an application to which section 106BAA applies, any representations made by the Mayor of London in accordance with that section.”

27

Page 7, line 14, after “(a)” insert “(and subject to section 106BAA(5))”

LORD TOPE

LORD SHIPLEY

LORD MCKENZIE OF LUTON

28

Page 8, line 5, at end insert—

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

BARONESS HANHAM

29

Page 8, line 5, at end insert—

“106BAA Duty to notify the Mayor of London of certain applications under section 106BA

(1) This section applies to an application under section 106BA(2) in relation to a planning obligation where—

(a) the application for the planning permission to which the planning obligation relates was an application to which section 2A applied (applications of potential strategic importance relating to land in Greater London),

(b) the application for planning permission was not determined by the Mayor of London, and

(c) pursuant to an order under section 2A or a development order, the local planning authority that determined the application for planning permission was required to consult the Mayor of London in relation to that determination.

(2) A local planning authority that receives an application to which this section applies must send a copy of the application to the Mayor of London before the end of the next working day following the day on which the application was received.

In this subsection, “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

(3) The Mayor of London must notify the local planning authority before the end of the period of 7 days beginning with the day on which the application was received by the authority whether the Mayor intends to make representations about the application.

(4) Where pursuant to subsection (3) the Mayor of London notifies the local planning authority that the Mayor intends to make representations, those representations must be made before—

(a) the end of the period of 14 days beginning with the day on which the application was received by the authority, or

(b) the end of such longer period as may be agreed in writing between the local planning authority and the Mayor.

(5) Where this section applies, section 106BA(9)(b) applies as if it required an authority to give notice of their determination to an applicant within—

(a) the period of 35 days beginning with the day on which the application was received by the authority, or

(b) such longer period as is agreed in writing between the applicant and the authority.”

LORD BEST

30*

Page 9, line 13, at end 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, solely for the purpose of providing local affordable housing linked to the development plan for the area.”

LORD BEST

LORD TOPE

LORD SHIPLEY

LORD MCKENZIE OF LUTON

31*

Page 9, line 41, 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.”

BARONESS HANHAM

32

Page 10, line 1, leave out subsections (4) and (5) and insert—

“(4) Sections 106BA, 106BAA and 106BB of the Town and Country Planning Act 1990, and subsection (5) of this section, are repealed at the end of 30 April 2016.

(5) The Secretary of State may by order amend subsection (4) by substituting a later date for the date for the time being specified in that subsection.

(6) The Secretary of State may by order make transitional or transitory provision or savings relating to any of the repeals made by subsection (4).”

Schedule 2

BARONESS HANHAM

33

Page 43, line 11, leave out “that sub-paragraph” and insert “sub-paragraph (2)”

34

Page 43, line 12, leave out “(1A)” and insert “(2A)”

After Clause 7

LORD BEST

35

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%”.”

Clause 8

BARONESS PARMINTER

LORD JUDD

36

Page 10, line 34, leave out subsections (2) to (8)

37

Page 12, line 4, at end insert—

“( ) The Secretary of State shall by regulation introduce a statutory code of practice specifying how operators of broadband networks to whom the electronic communications code is applied shall consult with local planning authorities.”

LORD JUDD

38

Leave out Clause 8

After Clause 8

LORD SHIPLEY

LORD TOPE

LORD BEST

39

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.””

After Clause 12

BARONESS BYFORD

40

Insert the following new Clause—

“Registration of village greens

(1) Section 15 of the Commons Act 2006 is amended as follows.

(2) In subsection (3)(c) for “two years” substitute “one year”.”

Clause 14

BARONESS HANHAM

41

Page 17, line 26, at end insert—

“( ) In that Act of 2006, in section 59 (orders and regulations)—

(a) after subsection (3) insert—

“(3A) A statutory instrument containing an order under section 15C(5) may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.”, and

(b) in subsection (4), after “subsection (3)” insert “or (3A)”.”

Schedule 4

BARONESS HANHAM

42

Page 47, line 38, column 1, leave out “draft of” and insert “proposal for”

43

Page 47, line 38, column 2, leave out “document” and insert “proposal”

44

Page 47, line 41, column 1, after “published” insert “by a local planning authority”

45

Page 47, line 43, column 1, leave out “section 38A(7)” and insert “paragraph 4(1) of Schedule 4B to the 1990 Act as it applies by virtue of section 38A(3)”

After Clause 15

LORD TRUE

LORD MCKENZIE OF LUTON

46

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.””

Clause 22

LORD HODGSON OF ASTLEY ABBOTTS

LORD FAULKNER OF WORCESTER

47

Page 24, line 22, at end insert—

“(4A) For section 130 of the Planning Act 2008 (National Trust land) substitute—

“130 National Trust land and nationally significant waterways

(1) This section applies to land—

(a) belonging to the National Trust which is held by the Trust inalienably, or

(b) held in perpetual trust by Canal & River Trust under the terms of The Waterways Infrastructure Trust.

(2) An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of land to which this section applies, if the condition in subsection (3) is met.

(3) The condition is that—

(a) a representation has been made by the National Trust or Canal & River Trust about the application for the order granting development consent before the completion of the examination of the application,

(b) the representation contains an objection to the compulsory acquisition of the land, and

(c) the objection has not been withdrawn.

(4) In this section “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the National Trust Act 1907 (c. cxxxvi) or section 8 of the National Trust Act 1939 (c. lxxxvi).

(5) In this section “the National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 (c. cxxxvi).

(6) In this section Canal & River Trust means company number 07807276, a company limited by guarantee formed and registered under the Companies Act 2006 (c. 46), acting in its capacity as trustee of The Waterways Infrastructure Trust.

(7) In this section, The Waterways Infrastructure Trust means the charitable trust of that name, settled by the Secretary of State for Environment, Food and Rural Affairs, and established by the Trust Settlement made by the Secretary of State on 28th June 2012.””

48

Page 24, line 25, leave out “despite Trust’s objections” and insert “or nationally significant waterways despite National Trust’s or Canal & River Trust’s objections”

After Clause 24

BARONESS HANHAM

49

Insert the following new Clause—

“Delegation of planning functions by Mayor of London

(1) In section 38 of the Greater London Authority Act 1999 (delegation) after subsection (2A) insert—

“(2B) In relation to a function listed in subsection (2C), subsection (2) has effect—

(a) as if paragraph (b) referred only to members of staff appointed under section 67(1), and

(b) with the omission of paragraphs (c) to (f).

(2C) The functions referred to in subsection (2B) are—

(a) the function of giving a direction under section 2A(1) or (1B) of the Town and Country Planning Act 1990 (call-in of planning applications by the Mayor), and

(b) the function of determining an application by virtue of section 2A or 2B of that Act.”

(2) In consequence of subsection (1), omit section 2B(8) of the Town and Country Planning Act 1990 (which disapplies section 38(1) of the 1999 Act in relation to functions under sections 2A and 2B of the 1990 Act).”

Clause 27

LORD PANNICK

LORD ADONIS

BARONESS BRINTON

50

Leave out Clause 27

Clause 28

BARONESS HANHAM

51

Page 36, line 19, leave out “6(4)” and insert “6(5)”

52

Page 36, line 28, at end insert—

“( ) Subsection (4) does not apply to an order under section 6(6).”

Clause 31

BARONESS HANHAM

53

Page 37, line 9, at beginning insert “Section 1(1) so far as it inserts the new section 62B,”

Prepared 26th February 2013