Growth and Infrastructure Bill

Page 10, line 33, at end insert—

“( ) Any changes to the electronic communications code shall relate only to broadband infrastructure.”

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

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

“( ) In section 109 of the Communications Act 2003 (regulations specifying the restrictions and conditions subject to which the electronic communications code is to apply) after subsection (2) insert—

“(2A) Subsection (2B) applies if—

(a) the Secretary of State has complied with subsection (2)(b) in connection with any particular exercise before 6 April 2018 of the power to make regulations under this section, and

(b) the regulations in question are expressed to cease to have effect (other than for transitional purposes) before that date.

(2B) The Secretary of State is to be treated as also having complied with any duty imposed in connection with that exercise of that power by any of the following—

section 11A(2) of the National Parks and Access to the Countryside Act 1949;

section 85(1) of the Countryside and Rights of Way Act 2000;

section 17A(1) of the Norfolk and Suffolk Broads Act 1988;

section 14 of the National Parks (Scotland) Act 2000 (asp 10);

Article 4(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (N.I. 1)).”

( ) For the purposes of its application to section 17A of the Norfolk and Suffolk Broads Act 1988, the definition of “statutory undertaker” in section 25(1) of that Act is until 6 April 2018 to be read as if paragraph (d) were omitted.”

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.”

Leave out 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.””

Insert the following new Clause—

“Controlling infrastructure: removal of redundant infrastructure

(1) This section applies to infrastructure on or under land—

(a) in a National Park or under the control of a National Park Authority or the Broads Authority or their successors in title; or

(b) designated as an Area of Outstanding Natural Beauty.

(2) It shall be the responsibility of the person, undertaking or authority who installed infrastructure to which this section applies to make arrangements for its removal in the event that it becomes redundant.”

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 the 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 timescales 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.””

[Withdrawn]

Insert the following new Clause—

“Registration of town or village green: reduction of period under section 15(3)(c)

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

(2) In subsection (3), in paragraph (c), for the words from “the period” to the end of the paragraph substitute “the relevant period”.

(3) After that subsection insert—

“(3A) In subsection (3), “the relevant period” means—

(a) in the case of an application relating to land in England, the period of one year beginning with the cessation mentioned in subsection (3)(b);

(b) in the case of an application relating to land in Wales, the period of two years beginning with that cessation.””

Page 15, line 35, at end insert—

“(6A) Regulations may specify the minimum actions that the commons registration authority must carry out to bring the deposit of a statement under subsection (1) to the attention of persons likely to be affected.”

Page 17, leave out line 9

Page 17, line 21, leave out “of two years”

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)”.”

Page 17, line 32, leave out from “which” to end of line 33 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”

Insert the following new Clause—

“Applications for planning permission etc: material considerations

Where one of the following is made—

(a) an application for planning permission under the Town and Country Planning Act 1990,

(b) an application for development consent under the Planning Act 2008,

(c) an application for conservation area or listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990, or

(d) a proposal for a development order or a local development order under the Town and Country Planning Act 1990 or a Neighbourhood Development Order under the Localism Act 2006,

the matter of whether land may be a town or village green under the provisions of section 15 of the Commons Act 2006 (registration of greens) is a material consideration.”

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

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

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

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)”

Page 49, line 42, at end insert—

“3 Paragraph 3 of the first column of this Schedule does not apply in the case of a draft of a development plan document in which the identification of the land for potential development has not previously been published (for instance as part of the agenda of a meeting open to the press and public) for a period of at least three months prior to its publication for consultation.

4 Paragraph 5 of the first column of this Schedule does not apply in the case of a draft of a neighbourhood development plan in which the identification of the land for potential development has not previously been published (for instance as part of the agenda of a meeting open to the press and public) for a period of at least three months prior to its publication for consultation.”

Page 49, line 42, at end insert—

“3 Where a representation is made as part of the public consultation to—

(a) a qualifying body under section 61K of the 1990 Act on a draft of a neighbourhood development plan in accordance with regulations under section 38A(7) of the 2004 Act; or

(b) a local authority on a draft of a local development document in accordance with regulations under section 17(7) of the 2004 Act,

that any land is a town or village green under the provisions of section 15 of the Commons Act 2006, the qualifying body or local authority shall have regard to the criteria set out in that section in setting out its policies in the relevant neighbourhood development plan or local development document.”

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—

“Planning permission required for development

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

(2) In section 57(3), after “Where by a development order (or a local development order” insert “issued by the local planning authority”.

(3) After section 57(3) insert—

“(4) 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.

(5) 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.

(6) 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.””

Page 22, line 31, at end insert—

“(4A) In section 150 (removal of consent requirements) subsection (1), for the words “consented to the inclusion of the provision” substitute “been consulted by the applicant about the inclusion of the provision”.”

Insert the following new Clause—

“Planning Act 2008: further reform (pre-application hearings)

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 hearings in relation to a proposed application to be held by a person appointed by the Secretary of State, if requested by the applicant and if the Secretary of State agrees, and in that respect the regulations may require, in particular—

(a) participation in the hearings by the applicant and by any person being consulted on the application; and

(b) the payment of fees by the applicant for the cost of the hearings.””

Insert the following new Clause—

“Planning Act 2008: further reform (waivers)

After section 54 of the Planning Act 2008 (rights of entry: crown land) insert—

“54A Waivers: application documents

(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 provision contained in this Part or in rules or regulations made under this Part relating to the documents required to be submitted with an application (“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, or any part of it, at such later date as may be specified in the direction.””

Insert the following new Clause—

“Planning Act 2008: further reform (examination fees)

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.””

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.””

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”

Page 30, line 24, leave out “includes the construction of one or more dwellings” and insert “wholly or mainly comprises a development of dwellings”

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).”

Insert the following new Clause—

“Authorisation of road user charging under Planning Act 2008

(1) Section 144 of the Planning Act 2008 (content of order granting development consent: highways) is amended as follows.

(2) After subsection (2) insert—

“(2A) Subsection (2) does not apply to an order that includes provision authorising other charges in respect of the use or keeping of motor vehicles on roads.

(2B) In subsection (2A)—

“motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exceptions: certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;

“road” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984.”

(3) Omit subsection (3).”

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).”

Leave out Clause 27

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

Page 36, line 28, at end insert—

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

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

Page 37, line 9, after “8,” insert “14,”

Page 37, line 9, after “17,” insert “21, 22, 23,”

Page 37, line 9, leave out “Schedule 2”and insert “Schedules 2 and 4”

Page 37, line 11, leave out “14,”

Page 37, line 11, leave out “, and Schedule 4,”