Housing and Planning Bill (HL Bill 87)

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Section 122

SCHEDULE 10 Enfranchisement and extension of long leaseholds: calculations

Leasehold Reform Act 1967

1 (1) In Schedule 1 to the Leasehold Reform Act 1967 (enfranchisement and
5extension by sub-tenants), paragraph 7A is amended as follows.

(2) For sub-paragraph (1) substitute—

(1) The price payable for a minor superior tenancy is to be calculated
in accordance with regulations made by the appropriate national
authority instead of in accordance with section 9.”

(3) 10Omit sub-paragraphs (5) and (6).

(4) At the end insert—

(7) In sub-paragraph (1) “appropriate national authority” means—

(a) in relation to a tenancy of land in England, the Secretary of
State;

(b) 15in relation to a tenancy of land in Wales, the Welsh
Ministers.

(8) Regulations under sub-paragraph (1) may include transitional
provision.

(9) Regulations under sub-paragraph (1) are to be made by statutory
20instrument.

(10) A statutory instrument containing regulations under sub-
paragraph (1) is subject to annulment—

(a) in the case of an instrument made by the Secretary of State,
in pursuance of a resolution of either House of Parliament;

(b) 25in the case of an instrument made by the Welsh Ministers,
in pursuance of a resolution of the National Assembly for
Wales.”

(5) The amendments made by this paragraph apply to cases where the relevant
time is—

(a) 30before this Act is passed, but

(b) on or after 11 July 2015,

as well as to cases where the relevant time is after this Act is passed.

(6) The “relevant time” has the meaning given by section 37(1)(d) of the
Leasehold Reform Act 1967.

35Leasehold Reform, Housing and Urban Development Act 1993

2 The Leasehold Reform, Housing and Urban Development Act 1993 is
amended as follows.

3 (1) Section 100 (orders and regulations) is amended as follows.

(2) In subsection (1), after “Secretary of State” insert “or the Welsh Ministers”.

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(3) After subsection (2) insert—

(3) Any power of the Welsh Ministers to make regulations under this
Part shall be exercisable by statutory instrument which (except in the
case of regulations making only such provision as is mentioned in
5section 99(6)) shall be subject to annulment in pursuance of a
resolution of the National Assembly for Wales.”

4 (1) In Schedule 6, paragraph 7 is amended as follows.

(2) For sub-paragraph (2) substitute—

(2) The value of an intermediate leasehold interest which is the
10interest of the tenant under a minor intermediate lease is to be
calculated in accordance with regulations made by the
appropriate national authority instead of in accordance with sub-
paragraph (1).”

(3) In sub-paragraph (4)—

(a) 15for “formula set out in sub-paragraph (7)” substitute “calculation
method mentioned in sub-paragraph (2)”;

(b) for “by so applying the formula” substitute “in accordance with that
method”.

(4) Omit sub-paragraphs (7) and (8).

(5) 20After sub-paragraph (10) insert—

(11) In sub-paragraph (2) “appropriate national authority” means—

(a) in relation to a leasehold interest of land in England, the
Secretary of State;

(b) in relation to a leasehold interest of land in Wales, the
25Welsh Ministers.”

(6) The amendments made by this paragraph apply to cases where the relevant
date is—

(a) before this Act is passed, but

(b) on or after 11 July 2015,

30as well as to cases where the relevant date is after this Act is passed.

(7) The “relevant date” has the meaning given by section 1(8) of the Leasehold
Reform, Housing and Urban Development Act 1993.

5 (1) In Schedule 13 (premium and other amounts payable by tenant on grant of
new lease), paragraph 8 is amended as follows.

(2) 35For sub-paragraph (2) substitute—

(2) The value of an intermediate leasehold interest which is the
interest of the tenant under a minor intermediate lease is to be
calculated in accordance with regulations made by the
appropriate national authority instead of in accordance with sub-
40paragraph (1).”

(3) Omit sub-paragraphs (6) and (7).

(4) After sub-paragraph (9) insert—

(10) In sub-paragraph (2) “appropriate national authority” means—

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(a) in relation to a leasehold interest of land in England, the
Secretary of State;

(b) in relation to a leasehold interest of land in Wales, the
Welsh Ministers.”

(5) 5The amendments made by this paragraph apply to cases where the relevant
date is—

(a) before this Act is passed, but

(b) on or after 11 July 2015,

as well as to cases where the relevant date is after this Act is passed.

(6) 10The “relevant date” has the meaning given by section 39(8) of the Leasehold
Reform, Housing and Urban Development Act 1993.

Section 133

SCHEDULE 11 Default powers exercisable by Mayor of London or combined authority:
Schedule to be inserted in the Planning and Compulsory Purchase Act 2004

Section 27A

15Schedule 1 Default powers exercisable by Mayor of London
or combined authority

Default powers exercisable by Mayor of London

1 20If the Secretary of State—

(a) thinks that a London borough council, in their capacity as
local planning authority, are failing or omitting to do
anything it is necessary for them to do in connection with
the preparation, revision or adoption of a development
25plan document, and

(b) invites the Mayor of London to prepare or revise the
document,

the Mayor of London may prepare or revise (as the case may be)
the development plan document.

2 (1) 30This paragraph applies where a development plan document is
prepared or revised by the Mayor of London under paragraph 1.

(2) The Mayor of London must hold an independent examination.

(3) The Mayor of London—

(a) must publish the recommendations and reasons of the
35person appointed to hold the examination, and

(b) may also give directions to the council in relation to
publication of those recommendations and reasons.

(4) The Mayor of London may—

(a) approve the document, or approve it subject to specified
40modifications, as a local development document, or

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(b) direct the council to consider adopting the document by
resolution of the council as a local development document.

3 (1) Subsections (4) to (7C) of section 20 apply to an examination held
under paragraph 2(2)

(a) 5with the reference to the local planning authority in
subsection (7C) of that section being read as a reference to
the Mayor of London, and

(b) with the omission of subsections (5)(c), (7)(b)(ii) and
(7B)(b).

(2) 10The Mayor of London must give reasons for anything he does in
pursuance of paragraph 1 or 2(4).

(3) The council must reimburse the Mayor of London—

(a) for any expenditure that the Mayor incurs in connection
with anything which is done by him under paragraph 1
15and which the council failed or omitted to do as mentioned
in that paragraph;

(b) for any expenditure that the Mayor incurs in connection
with anything which is done by him under paragraph 2(2).

Default powers exercisable by combined authority

4 20In this Schedule—

  • “combined authority” means a combined authority
    established under section 103 of the Local Democracy,
    Economic Development and Construction Act 2009;

  • “constituent planning authority”, in relation to a combined
    25authority, means—

    (a)

    a county council, metropolitan district council or non-
    metropolitan district council which is the local
    planning authority for an area within the area of the
    combined authority, or

    (b)

    30a joint committee established under section 29 whose
    area is within, or the same as, the area of the
    combined authority.

5 If the Secretary of State—

(a) thinks that a constituent planning authority are failing or
35omitting to do anything it is necessary for them to do in
connection with the preparation, revision or adoption of a
development plan document, and

(b) invites the combined authority to prepare or revise the
document,

40the combined authority may prepare or revise (as the case may be)
the development plan document.

6 (1) This paragraph applies where a development plan document is
prepared or revised by a combined authority under paragraph 5.

(2) The combined authority must hold an independent examination.

(3) 45The combined authority—

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(a) must publish the recommendations and reasons of the
person appointed to hold the examination, and

(b) may also give directions to the constituent planning
authority in relation to publication of those
5recommendations and reasons.

(4) The combined authority may—

(a) approve the document, or approve it subject to specified
modifications, as a local development document, or

(b) direct the constituent planning authority to consider
10adopting the document by resolution of the authority as a
local development document.

7 (1) Subsections (4) to (7C) of section 20 apply to an examination held
under paragraph 6(2)

(a) with the reference to the local planning authority in
15subsection (7C) of that section being read as a reference to
the combined authority, and

(b) with the omission of subsections (5)(c), (7)(b)(ii) and
(7B)(b).

(2) The combined authority must give reasons for anything they do in
20pursuance of paragraph 5 or 6(4).

(3) The constituent planning authority must reimburse the combined
authority—

(a) for any expenditure that the combined authority incur in
connection with anything which is done by them under
25paragraph 5 and which the constituent planning authority
failed or omitted to do as mentioned in that paragraph;

(b) for any expenditure that the combined authority incur in
connection with anything which is done by them under
paragraph 6(2).

30Intervention by Secretary of State

8 (1) This paragraph applies to a development plan document that has
been prepared or revised—

(a) under paragraph 1 by the Mayor of London, or

(b) under paragraph 5 by a combined authority.

(2) 35If the Secretary of State thinks that a development plan document
to which this paragraph applies is unsatisfactory—

(a) he may at any time before the document is adopted under
section 23, or approved under paragraph 2(4)(a) or 6(4)(a),
direct the Mayor of London or the combined authority to
40modify the document in accordance with the direction;

(b) if he gives such a direction he must state his reasons for
doing so.

(3) Where a direction is given under sub-paragraph (2)

(a) the Mayor of London or the combined authority must
45comply with the direction;

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(b) the document must not be adopted or approved unless the
Secretary of State gives notice that the direction has been
complied with.

(4) Sub-paragraph (3) does not apply if or to the extent that the
5direction under sub-paragraph (2) is withdrawn by the Secretary
of State.

(5) At any time before a development plan document to which this
paragraph applies is adopted under section 23, or approved under
paragraph 2(4)(a) or 6(4)(a), the Secretary of State may direct that
10the document (or any part of it) is submitted to him for his
approval.

(6) In relation to a document or part of a document submitted to him
under sub-paragraph (5) the Secretary of State—

(a) may approve the document or part;

(b) 15may approve it subject to specified modifications;

(c) may reject it.

The Secretary of State must give reasons for his decision under this
sub-paragraph.

(7) The Secretary of State may at any time—

(a) 20after a development plan document to which this
paragraph applies has been submitted for independent
examination, but

(b) before it is adopted under section 23 or approved under
paragraph 2(4)(a) or 6(4)(a),

25direct the Mayor of London or the combined authority to
withdraw the document.

9 (1) This paragraph applies if the Secretary of State gives a direction
under paragraph 8(5).

(2) No steps are to be taken in connection with the adoption or
30approval of the document until the Secretary of State gives his
decision, or withdraws the direction.

(3) If the direction is given, and not withdrawn, before the document
has been submitted for independent examination, the Secretary of
State must hold an independent examination.

(4) 35If the direction—

(a) is given after the document has been submitted for
independent examination but before the person appointed
to carry out the examination has made his
recommendations, and

(b) 40is not withdrawn before those recommendations are made,

the person must make his recommendations to the Secretary of
State.

(5) The document has no effect unless the document or (as the case
may be) the relevant part of it has been approved by the Secretary
45of State, or the direction is withdrawn.

The “relevant part” is the part of the document that—

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(a) is covered by a direction under paragraph 8(5) which
refers to only part of the document, or

(b) continues to be covered by a direction under paragraph
8(5) following the partial withdrawal of the direction.

(6) 5The Secretary of State must publish the recommendations made to
him by virtue of sub-paragraph (3) or (4) and the reasons of the
person making the recommendations.

(7) In considering a document or part of a document submitted under
paragraph 8(5) the Secretary of State may take account of any
10matter which he thinks is relevant.

(8) It is immaterial whether any such matter was taken account of by
the Mayor of London or the combined authority.

10 Subsections (4) to (7C) of section 20 apply to an examination held
under paragraph 9(3)

(a) 15with the reference to the local planning authority in
subsection (7C) of that section being read as a reference to
the Secretary of State, and

(b) with the omission of subsections (5)(c), (7)(b)(ii) and
(7B)(b).

11 20In the exercise of any function under paragraph 8 or 9 the
Secretary of State must have regard to the local development
scheme.

12 The Mayor of London or the combined authority must reimburse
the Secretary of State for any expenditure incurred by the
25Secretary of State under paragraph 8 or 9 that is specified in a
notice given by him to the Mayor or the authority.

Temporary direction pending possible use of intervention powers

13 (1) If the Secretary of State is considering whether to give a direction
to the Mayor of London or a combined authority under paragraph
308 in relation to a development plan document, he may direct the
Mayor or the authority not to take any step in connection with the
adoption or approval of the document—

(a) until the time (if any) specified in the direction, or

(b) until the direction is withdrawn.

(2) 35A document to which a direction under this paragraph relates has
no effect while the direction is in force.

(3) A direction given under this paragraph in relation to a document
ceases to have effect if a direction is given under paragraph 8 in
relation to that document.”

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Section 136

SCHEDULE 12 Permission in principle for development of land:
minor and consequential amendments

Town and Country Planning Act 1990 (c. 8)

1 5The Town and Country Planning Act 1990 is amended as follows.

2 In section 2A (the Mayor of London: applications of potential strategic
importance), in subsections (1)(a) and (1B), after “planning permission”
insert “or permission in principle”.

3 In the heading before section 61W, after “planning permission” insert “or
10permission in principle”.

4 In section 61W (requirement to carry out pre-application consultation), in
subsection (1)(a), after “planning permission” insert “, or permission in
principle,”.

5 In section 61X (duty to take account of responses to consultation), in
15subsection (1)(a) and (b), after “planning permission” insert “or permission
in principle”.

6 In section 61Y (power to make supplementary provision), in subsection (1),
after “planning permission” insert “or permission in principle”.

7 In the heading before section 62, after “planning permission” insert “or
20permission in principle”.

8 (1) Section 62 (applications for planning permission) is amended as follows.

(2) In the heading and in subsection (1), after “planning permission” insert “or
permission in principle”.

(3) In subsection (7)—

(a) 25after “the application for planning permission” insert “or permission
in principle”;

(b) in paragraphs (a) and (b), after “planning permission” insert “or
permission in principle”.

9 In section 65 (notice etc of applications for planning permission), in the
30heading and in subsections (1)(a), (3), (5) and (8), after “planning
permission” insert “or permission in principle”.

10 In section 69 (register of applications etc), after paragraph (a) of subsection
(1) insert—

(aza) applications for permission in principle;”.

11 (1) 35Section 70 (determination of applications: general considerations) is
amended as follows.

(2) In subsection (2), for “such an application” substitute “an application for
planning permission or permission in principle”.

(3) In subsection (2A), for “Subsection (2)(b) does not” substitute “Subsections
40(1A), (2)(b) and (2ZZA) to (2ZZC) do not”.

12 (1) Section 70A (power to decline to determine subsequent application) is
amended as follows.

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(2) In subsection (5), after paragraph (a) insert—

(aa) an application for permission in principle for the
development of any land;”.

(3) In subsection (8), for “An application for planning permission is similar”
5substitute “Subject to subsection (9), an application is similar”.

(4) After that subsection insert—

(9) An application within subsection (5)(a) or (b) is not similar to an
earlier application within subsection (5)(aa).”

13 (1) Section 70B (power to decline to determine overlapping application) is
10amended as follows.

(2) In subsections (1) and (4A), after “planning permission” insert “, or
permission in principle,”.

(3) In subsection (5) omit “for planning permission”.

14 In section 70C (power to decline to determine retrospective application), in
15subsections (1) and (2), after “for planning permission” insert “or permission
in principle”.

15 In section 71 (consultation in connection with determinations under section
70), in subsection (1), after “planning permission” insert “or permission in
principle”.

16 20In section 71A (assessment of environmental effects), in subsection (1), after
“planning permission” insert “, or permission in principle,”.

17 (1) Section 74 (directions etc as to method of dealing with applications) is
amended as follows.

(2) In subsection (1)—

(a) 25after “applications for planning permission” insert “, or permission
in principle,”;

(b) in paragraphs (a), (c), (d) and (f), after “planning permission” insert
“or permission in principle”;

(c) in paragraph (b), after “planning permission” insert “, or permission
30in principle,”.

(3) In subsection (1B)—

(a) in paragraph (a), after “planning permission” insert “, or permission
in principle,”;

(b) in paragraph (c), after “planning permission” insert “or permission
35in principle”.

18 In section 76C (provisions applying to applications made under section
62A), after subsection (2) insert—

(2A) Sections 65(5) and 70 to 70C apply, with any necessary modifications,
to an application for permission in principle made to the Secretary of
40State under section 62A as they apply to an application for
permission in principle which is to be determined by the local
planning authority.

(2B) Any requirements imposed by a development order by virtue of
section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may

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be applied by a development order, with or without modifications,
to an application for permission in principle made to the Secretary of
State under section 62A.”

19 In section 76D (deciding applications made under section 62A), in
5subsection (3), after “planning permission” insert “or permission in
principle”.

20 (1) Section 77 (references of applications to Secretary of State) is amended as
follows.

(2) In subsection (1), after “planning permission” insert “or permission in
10principle”.

(3) In subsection (4)—

(a) for “subsection (5), where” substitute subsection (5)—

(a) where”;

(b) for “local planning authority and” substitute “local planning
15authority;

(b) where an application for permission in principle is
referred to the Secretary of State under this section,
section 70 shall apply, with any necessary modifications,
as it applies to such an application which falls to be
20determined by the local planning authority;

and”.

21 In section 78 (right of appeal against planning decisions and failure to take
such decision), in subsection (1), after paragraph (a) insert—

(aa) refuse an application for permission in principle;”.

22 (1) 25Section 78A (appeal made: functions of local planning authorities) is
amended as follows.

(2) In subsection (1), after “section 78(1)(a)” insert “or (aa)”.

(3) In subsection (4), for “to grant the application” substitute “to grant an
application mentioned in section 78(1)(a)”.

23 (1) 30Section 79 (determination of appeals) is amended as follows.

(2) In subsection (4)—

(a) for “subsection (2), the provisions of sections” substitute
“subsection (2)—

(a) sections”;

(b) 35after “under section 78” insert “in respect of an application
within section 78(1)(a), (b) or (c)”;

(c) for “local planning authority and” substitute “local planning
authority;

(b) section 70 shall apply, with any necessary modifications,
40in relation to an appeal to the Secretary of State under
section 78 in respect of an application for permission in
principle as it applies in relation to such an application
which falls to be determined by the local planning
authority;

45and”.