Housing and Planning Bill (HL Bill 87)

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14 insert—

“Intervention powers of Secretary of State

13B (1) This paragraph applies where the qualifying body requests the
Secretary of State to intervene under this paragraph and—

(a) 5the local planning authority have failed, by the applicable
date prescribed under paragraph 13A, to take a decision as to
whether a referendum is (or referendums are) to be held on
the making of a neighbourhood development order,

(b) a recommendation made under paragraph 10(2) is not
10followed by the authority, or

(c) the authority make any modification under paragraph 12(5)
that is not—

(i) a modification recommended under paragraph
10(2)(b),

(ii) 15a modification that the authority consider needs to be
made to secure that the draft order does not breach,
and is otherwise compatible with, EU obligations,

(iii) a modification that the authority consider needs to be
made to secure that the draft order is compatible with
20the Convention rights, or

(iv) a modification for the purpose of correcting an error.

(2) The Secretary of State may exercise functions of the local planning
authority under paragraph 12(2) and (3) and—

(a) if satisfied that paragraph (a) or (b) of paragraph 12(4)
25applies, may direct the authority to make arrangements for a
referendum (or referendums) to be held on the making of a
neighbourhood development order;

(b) if not so satisfied, may direct the authority to refuse the
proposal.

(3) 30The Secretary of State may direct the authority to take the actions
referred to in paragraph 12(8) and (9).

(4) If by reason (wholly or partly) of new evidence or a new fact, or a
different view taken by the Secretary of State as to a particular fact,
the Secretary of State proposes to direct the local planning authority
35to act in a way that is not in accordance with what was recommended
by the examiner—

(a) the Secretary of State may require the authority to notify
prescribed persons of the proposed direction (and the reason
for it) and invite representations;

(b) 40the Secretary of State may also require them to refer the issue
to independent examination.

(5) The order on which a referendum is (or referendums are) to be held
by virtue of sub-paragraph (2)(a) is the draft order subject to such
modification (if any) as the Secretary of State or the local planning
45authority consider appropriate.

(6) The only modifications the local planning authority may make under
sub-paragraph (5) are—

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(a) modifications that the authority consider need to be made to
secure that the draft order does not breach, and is otherwise
compatible with, EU obligations,

(b) modifications that the authority consider need to be made to
5secure that the draft order is compatible with the Convention
rights, and

(c) modifications for the purpose of correcting errors.

13C Regulations may make provision supplementing that made by
paragraph 13B; and the regulations may in particular—

(a) 10prescribe the form and content of a request by the qualifying
body under paragraph 13B(1) and the date by which it must
be made;

(b) confer power on the Secretary of State to direct a local
planning authority to refrain from taking any action specified
15in the direction that they would otherwise be required or
entitled to take under paragraph 12 or 13;

(c) make provision under which decisions falling to be made by
the Secretary of State under paragraph 13B may be made
instead by a person appointed by the Secretary of State for the
20purpose (an “inspector”);

(d) prescribe matters that the Secretary of State or an inspector
must take into account in making a decision;

(e) require a local planning authority to provide prescribed
information to the Secretary of State or to an inspector;

(f) 25make provision about examinations carried out by virtue of
paragraph 13B(4)(b) (including any provision of a kind
mentioned in paragraph 11(2));

(g) make provision (in addition to that made by paragraph
13B(4)(b)) for the holding of an examination, and for the
30payment by a local planning authority of remuneration and
expenses of the examiner;

(h) provide for the Secretary of State, or a local planning
authority on the direction of the Secretary of State, to notify
to prescribed persons and to publish—

(i) 35prescribed decisions made by the Secretary of State
under paragraph 13B,

(ii) the reasons for making those decisions, and

(iii) other prescribed matters relating to those decisions.”

(2) In paragraph 14 of that Schedule (referendum), in sub-paragraph (1), after “as
40a result of paragraph 12(4)” insert “or a direction under paragraph 13B(2)(a)”.

(3) In section 61N of that Act (legal challenges in relation to neighbourhood
development orders), in subsection (2), before “only if” insert “or paragraph
13B of that Schedule (intervention powers of Secretary of State)”.

128 Local planning authority to notify neighbourhood forum of applications

45In Schedule 1 to the Town and Country Planning Act 1990 (local planning
authorities: distribution of functions), after paragraph 8 insert—

8A (1) A local planning authority who have the function of determining
applications for planning permission or permission in principle

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shall, if requested to do so by a neighbourhood forum for an area
which (or any part of which) is situated in the authority’s area, notify
the neighbourhood forum of—

(a) any relevant planning application; and

(b) 5any alteration to that application accepted by the authority.

(2) In this paragraph—

  • “neighbourhood forum” means an organisation or body
    designated as such under section 61F;

  • “relevant planning application” means an application which—

    (a)

    10relates to land in the area for which the
    neighbourhood forum is designated; and

    (b)

    is an application for—

    (i)

    planning permission or permission in
    principle; or

    (ii)

    15approval of a matter reserved under an
    outline planning permission within the
    meaning of section 92.

(3) Sub-paragraphs (3) to (6) of paragraph 8 have effect for the purposes
of this paragraph, any reference to a parish council being read as a
20reference to a neighbourhood forum.”

Local planning

129 Power to direct amendment of local development scheme

In section 15 of the Planning and Compulsory Purchase Act 2004 (local
development scheme), in subsection (4), for “effective coverage” substitute
25“full and effective coverage (both geographically and with regard to subject
matter)”.

130 Power to give direction to examiner of development plan document

In section 20 of the Planning and Compulsory Purchase Act 2004 (independent
examination), after subsection (6) insert—

(6A) 30The Secretary of State may by notice to the person appointed to carry
out the examination—

(a) direct the person not to take any step, or any further step, in
connection with the examination of the development plan
document, or of a specified part of it, until a specified time or
35until the direction is withdrawn;

(b) require the person—

(i) to consider any specified matters;

(ii) to give an opportunity, or further opportunity, to
specified persons to appear before and be heard by the
40person;

(iii) to take any specified procedural step in connection with
the examination.

In this subsection “specified” means specified in the notice.”

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131 Intervention by Secretary of State

(1) In section 21 of the Planning and Compulsory Purchase Act 2004 (intervention
by Secretary of State), in subsection (3), after “if” insert “or to the extent that”.

(2) In subsection (5) of that section—

(a) 5in paragraph (a), after “until the Secretary of State gives his decision”
insert “, or withdraws the direction”;

(b) for paragraph (b) substitute—

(b) if the direction is given, and not withdrawn, before the
authority have submitted the document under section
1020(1), the Secretary of State must hold an independent
examination;”;

(c) in paragraph (c), for “he” substitute “, and is not withdrawn before
those recommendations are made, the person”;

(d) for paragraph (d) substitute—

(d) 15the document has no effect unless the document or (as
the case may be) the relevant part of it has been
approved by the Secretary of State, or the direction is
withdrawn.”

(3) After that subsection insert—

(5A) 20Subsections (4) to (7C) of section 20 apply to an examination held under
subsection (5)(b), the reference to the local planning authority in
subsection (7C) of that section being read as a reference to the Secretary
of State.

(5B) For the purposes of subsection (5)(d) the “relevant part” of a
25development plan document is the part that—

(a) is covered by a direction under subsection (4) which refers to
only part of the document, or

(b) continues to be covered by a direction under subsection (4)
following the partial withdrawal of the direction.”

(4) 30At the end of that section insert—

(11) The local planning authority must reimburse the Secretary of State for
any expenditure incurred by the Secretary of State under this section
that is specified in a notice given to the authority by the Secretary of
State.”

(5) 35After that section insert—

21A Temporary direction pending possible use of intervention powers

(1) If the Secretary of State is considering whether to give a direction to a
local planning authority under section 21 in relation to a development
plan document or other local development document, he may direct
40the authority not to take any step in connection with the adoption of the
document—

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

(b) until the direction is withdrawn.

(2) A document to which a direction under this section relates has no effect
45while the direction is in force.

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(3) A direction given under this section in relation to a document ceases to
have effect if a direction is given under section 21 in relation to that
document.”

132 Secretary of State’s default powers

5For section 27 of the Planning and Compulsory Purchase Act 2004 substitute—

27 Secretary of State’s default powers

(1) This section applies if the Secretary of State thinks that a 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
10development plan document.

(2) The Secretary of State may—

(a) prepare or revise (as the case may be) the document, or

(b) give directions to the authority in relation to the preparation or
revision of the document.

(3) 15The Secretary of State must either—

(a) hold an independent examination, or

(b) direct the authority to submit the document for independent
examination.

(4) The Secretary of State must either—

(a) 20publish the recommendations and reasons of the person
appointed to hold the examination, or

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

(5) The Secretary of State may—

(a) 25approve the document, or approve it subject to specified
modifications, as a local development document,

(b) direct the authority to consider adopting the document by
resolution of the authority as a local development document, or

(c) (except where it was prepared or revised by the Secretary of
30State under subsection (2)(a)) reject the document.

(6) Subsections (4) to (7C) of section 20 apply (subject to subsection (7)
below) to an examination held under subsection (3)(a), the reference to
the local planning authority in subsection (7C) of that section being
read as a reference to the Secretary of State.

(7) 35Subsections (5)(c), (7)(b)(ii) and (7B)(b) of section 20 do not apply to an
independent examination held—

(a) under subsection (3)(a), or

(b) in response to a direction under subsection (3)(b),

in respect of a document prepared or revised by the Secretary of State
40under subsection (2)(a).

(8) The Secretary of State must give reasons for anything he does in
pursuance of subsection (2) or (5).

(9) The authority must reimburse the Secretary of State for any
expenditure he incurs in connection with anything—

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(a) which is done by him under subsection (2)(a), and

(b) which the authority failed or omitted to do as mentioned in
subsection (1).”

133 Default powers exercisable by Mayor of London or combined authority

(1) 5After section 27 of the Planning and Compulsory Purchase Act 2004 insert—

27A Default powers exercisable by Mayor of London or combined
authority

Schedule A1 (default powers exercisable by Mayor of London or
combined authority) has effect.”

(2) 10Before Schedule 1 to that Act insert, as Schedule A1, the Schedule set out in
Schedule 11 to this Act.

(3) In section 17 of that Act (local development documents), at the end of
subsection (8) insert—

(c) is approved by the Mayor of London under paragraph 2 of
15Schedule A1;

(d) is approved by a combined authority under paragraph 6 of that
Schedule.”

134 Costs of independent examinations held by Secretary of State

(1) Section 303A of the Town and Country Planning Act 1990 (responsibility of
20local planning authorities for costs of holding certain inquiries etc) is amended
as follows.

(2) In subsection (1A), after “section 20” insert “, 21(5)(b), 27(3)(a)”.

(3) For subsection (9A) substitute—

(9A) A reference to a local planning authority causing a qualifying
25procedure to be carried out includes a reference to the case where
under the Planning and Compulsory Purchase Act 2004—

(a) the local planning authority are required to submit a document
to the appropriate authority for independent examination, or

(b) the Secretary of State holds an independent examination in
30relation to a document prepared by the local planning
authority, or by the Secretary of State under section 27(2)(a) of
that Act.”

Planning in Greater London

135 Planning powers of the Mayor of London

(1) 35In section 2A of the Town and Country Planning Act 1990 (power of Mayor of
London to decide applications of potential strategic importance), in subsection
(6), for “areas, and” substitute areas;

(aa) may prescribe matters by reference to the spatial development
strategy, or a development plan document (within the meaning
40of Part 2 of the Planning and Compulsory Purchase Act 2004),
as it has effect from time to time;”.

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(2) In section 74 of that Act (directions etc as to method of dealing with
applications), in subsection (1B)—

(a) in paragraph (a), for “London borough to refuse” substitute “London
borough—

(i) 5to consult with the Mayor of London before
granting or refusing an application for planning
permission, or permission in principle, that is an
application of a prescribed description, or

(ii) to refuse”;

(b) 10in paragraph (c), for “such a direction;” substitute “a direction given by
virtue of paragraph (a)(ii).”;

(c) omit the words after that paragraph.

(3) After that subsection insert—

(1BA) In subsection (1B) “prescribed” means—

(a) 15prescribed by a development order, or

(b) specified in directions made under a development order by the
Secretary of State or the Mayor of London.

(1BB) Matters prescribed under subsection (1B) by a development order may
be prescribed by reference to the spatial development strategy, or a
20development plan document (within the meaning of Part 2 of the
Planning and Compulsory Purchase Act 2004), as it has effect from time
to time.”

Permission in principle and local registers of land

136 Permission in principle for development of land

(1) 25After section 58 of the Town and Country Planning Act 1990 insert—

“Permission in principle
58A Permission in principle: general

(1) Permission in principle may be granted for development of land in
England as provided in section 59A.

(2) 30For the effect of permission in principle, see section 70(2ZZA) to (2ZZC)
(application for technical details consent must be determined in
accordance with permission in principle, except after a prescribed
period).

(3) A reference to permission in principle in any provision of this Act in its
35application to land in Wales, or in its application to functions of the
Welsh Ministers or other authorities in Wales, is to be ignored.”

(2) After section 59 of that Act insert—

59A Development orders: permission in principle

(1) A development order may either—

(a) 40itself grant permission in principle, in relation to land in
England that is allocated for development in a qualifying

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document (whether or not in existence when the order is made)
for development of a prescribed description; or

(b) provide for the granting by a local planning authority in
England, on application to the authority in accordance with the
5provisions of the order, of permission in principle for
development of a prescribed description.

(2) In this section—

  • “prescribed” means prescribed in a development order;

  • “qualifying document” means a plan, register or other document,
    10as it has effect from time to time, which—

    (a)

    is made, maintained or adopted by a local planning
    authority,

    (b)

    is of a prescribed description,

    (c)

    indicates that the land in question is allocated for
    15development for the purposes of this section, and

    (d)

    contains prescribed particulars in relation to the land
    allocated and the kind of development for which it is
    allocated.

(3) In relation to an application for permission in principle which under
20any provision of this Part is made to, or determined by, the Secretary of
State instead of the local planning authority, a reference in subsection
(1) to a local planning authority has effect (as necessary) as a reference
to the Secretary of State.

(4) Permission in principle granted by a development order—

(a) 25takes effect when the qualifying document is adopted or made
by the local planning authority or (if later) when the qualifying
document is revised so as to allocate the land in question for
development;

(b) is not brought to an end by the qualifying document ceasing to
30have effect or being revised, unless the order provides
otherwise.

(5) A development order may—

(a) make provision for permission in principle to cease to have
effect;

(b) 35contain transitional provision and savings in relation to cases
where permission in principle ceases to have effect.

(6) A development order may make provision in relation to an application
for planning permission for development of land in respect of which
permission in principle has been granted.

(7) 40A development order may require the local planning authority to
prepare, maintain and publish a register containing prescribed
information as to permissions in principle granted by the order.

(8) Local planning authorities must have regard to any guidance issued by
the Secretary of State in the exercise of functions exercisable by virtue
45of this section.”

(3) In section 70 of that Act (determination of applications: general
considerations)—

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(a) after subsection (1) insert—

(1A) Where an application is made to a local planning authority for
permission in principle—

(a) they may grant permission in principle; or

(b) 5they may refuse permission in principle.”;

(b) after subsection (2) insert—

(2ZZA) The authority must determine an application for technical
details consent in accordance with the relevant permission in
principle.

10This is subject to subsection (2ZZC).

(2ZZB) An application for technical details consent is an application for
planning permission that—

(a) relates to land in respect of which permission in
principle is in force,

(b) 15proposes development all of which falls within the
terms of the permission in principle, and

(c) particularises all matters necessary to enable planning
permission to be granted without any reservations of
the kind referred to in section 92.

(2ZZC) 20Subsection (2ZZA) does not apply where—

(a) the permission in principle has been in force for longer
than a prescribed period, and

(b) there has been a material change of circumstances since
the permission came into force.

25“Prescribed” means prescribed for the purposes of this
subsection in a development order.”

(4) Schedule 12 (permission in principle for development of land: minor and
consequential amendments) has effect.

137 Local planning authority to keep register of particular kinds of land

(1) 30In Part 2 of the Planning and Compulsory Purchase Act 2004 (local
development), after section 14 insert—

“Register
14A Register of land

(1) The Secretary of State may make regulations requiring a local planning
35authority in England to prepare, maintain and publish a register of land
within (or partly within) the authority’s area which—

(a) is of a prescribed description, or

(b) satisfies prescribed criteria.

(2) The regulations may require the register to be kept in two or more
40parts.

A reference to the register in the following subsections includes a
reference to a prescribed part of the register.

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(3) The regulations may make provision permitting the local planning
authority to enter in the register land within (or partly within) the
authority’s area which—

(a) is of a prescribed description or satisfies prescribed criteria, and

(b) 5is not required by the regulations to be entered in the register.

(4) The regulations may—

(a) require or authorise a local planning authority to carry out
consultation and other procedures in relation to entries in the
register;

(b) 10specify descriptions of land that are not to be entered in the
register;

(c) confer a discretion on a local planning authority, in prescribed
circumstances, not to enter in the register land of a prescribed
description that the authority would otherwise be required to
15enter in it;

(d) require a local planning authority exercising the discretion
referred to in paragraph (c) to explain why they have done so;

(e) specify information to be included in the register;

(f) make provision about revising the register.

(5) 20The regulations may specify a description of land by reference to a
description in national policies and advice.

(6) The regulations may confer power on the Secretary of State to require a
local planning authority—

(a) to prepare or publish the register, or to bring the register up to
25date, by a specified date;

(b) to provide the Secretary of State with specified information, in
a specified form and by a specified date, in relation to the
register.

In this subsection “specified” means specified by the Secretary of State.

(7) 30In exercising their functions under the regulations, a local planning
authority must have regard to—

(a) the development plan;

(b) national policies and advice;

(c) any guidance issued by the Secretary of State for the purposes
35of the regulations.

(8) In this section “national policies and advice” means national policies
and advice contained in guidance issued by the Secretary of State (as it
has effect from time to time).”

(2) In section 33 of that Act (power to direct that Part 2 of that Act does not apply
40to the area of an urban development corporation), for “that this Part does not
apply” substitute that the provisions of—

(a) this Part, or

(b) any particular regulations made under section 14A,

do not apply”.