Housing and Planning Bill (HL Bill 110)

6 If the authority decides to impose a financial penalty on the
person, it must give the person a notice (a “final notice”) imposing
that penalty.

7 The final notice must require the penalty to be paid within the
5period of 28 days beginning with the day after that on which the
notice was given.

8 The final notice must set out—

(a) the amount of the financial penalty,

(b) the reasons for imposing the penalty,

(c) 10information about how to pay the penalty,

(d) the period for payment of the penalty,

(e) information about rights of appeal, and

(f) the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

9 (1) 15A local housing authority may at any time—

(a) withdraw a notice of intent or final notice, or

(b) reduce the amount specified in a notice of intent or final
notice.

(2) The power in sub-paragraph (1) is to be exercised by giving notice
20in writing to the person to whom the notice was given.

Appeals

10 (1) A person to whom a final notice is given may appeal to the First-
tier Tribunal against—

(a) the decision to impose the penalty, or

(b) 25the amount of the penalty.

(2) If a person appeals under this paragraph, the final notice is
suspended until the appeal is finally determined or withdrawn.

(3) On an appeal under this paragraph the First-tier Tribunal may
confirm, vary or cancel the final notice.

(4) 30The final notice may not be varied under sub-paragraph (3) so as
to make it impose a financial penalty of more than the local
housing authority could have imposed.

Recovery of financial penalty

11 (1) This paragraph applies if a person fails to pay the whole or any
35part of a financial penalty which, in accordance with this
Schedule, the person is liable to pay.

(2) The local housing authority which imposed the financial penalty
may recover the penalty or part on the order of the county court as
if it were payable under an order of that court.

(3) 40In proceedings before the county court for the recovery of a
financial penalty or part of a financial penalty, a certificate which
is—

(a) signed by the chief finance officer of the local housing
authority which imposed the penalty, and

(b) states that the amount due has not been received by a date
specified in the certificate,

5is conclusive evidence of that fact.

(4) A certificate to that effect and purporting to be so signed is to be
treated as being so signed unless the contrary is proved.

(5) In this paragraph “chief finance officer” has the same meaning as
in section 5 of the Local Government and Housing Act 1989.

10Guidance

12 A local housing authority must have regard to any guidance given
by the Secretary of State about the exercise of its functions under
this Schedule or section 249A.””

Section 122

SCHEDULE 10 15Enfranchisement and extension of long leaseholds: calculations

Leasehold Reform Act 1967

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

(2) For sub-paragraph (1) substitute—

“(1) 20The 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) Omit sub-paragraphs (5) and (6).

(4) At the end insert—

“(7) 25In sub-paragraph (1) “appropriate national authority” means—

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

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

(8) 30Regulations under sub-paragraph (1) may include transitional
provision.

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

(10) A statutory instrument containing regulations under sub-
35paragraph (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) in 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
5time is—

(a) before 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
10Leasehold Reform Act 1967.

Leasehold 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) 15In subsection (1), after “Secretary of State” insert “or the Welsh Ministers”.

(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
20section 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
25interest 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) 30for “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) 35After 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
40Welsh 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,

as 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
5Reform, 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) 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) Omit sub-paragraphs (6) and (7).

(4) 15After sub-paragraph (9) insert—

“(10) 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
20Welsh Ministers.””

(5) 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,

25as well as to cases where the relevant date is after this Act is passed.

(6) The “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:
30Schedule to be inserted in the Planning and Compulsory Purchase Act 2004

Section 27A

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

Default powers exercisable by Mayor of London

1 35If 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
plan document, and

(b) invites the Mayor of London to prepare or revise the
5document,

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

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

(2) 10The Mayor of London must hold an independent examination.

(3) The Mayor of London—

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

(b) may also give directions to the council in relation to
15publication of those recommendations and reasons.

(4) The Mayor of London may—

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

(b) direct the council to consider adopting the document by
20resolution 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) with the reference to the local planning authority in
subsection (7C) of that section being read as a reference to
25the Mayor of London, and

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

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

(3) 30The 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
and which the council failed or omitted to do as mentioned
in that paragraph;

(b) 35for 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 In this Schedule—

• “combined authority” means a combined authority
  40established under section 103 of the Local Democracy,
  Economic Development and Construction Act 2009;

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

  (a)

  a county council, metropolitan district council or non-
  45metropolitan district council which is the local

  Housing and Planning BillPage 155

  planning authority for an area within the area of the
  combined authority, or

  (b)

  a joint committee established under section 29 whose
  area is within, or the same as, the area of the
  5combined authority.

5 If the Secretary of State—

(a) thinks that a constituent 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, and

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

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

6 (1) 15This 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) The combined authority—

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

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

(4) The combined authority may—

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

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

7 (1) 30Subsections (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
subsection (7C) of that section being read as a reference to
the combined authority, and

(b) 35with the omission of subsections (5)(c), (7)(b)(ii) and
(7B)(b).

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

(3) The constituent planning authority must reimburse the combined
40authority—

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

(b) 45for any expenditure that the combined authority incur in
connection with anything which is done by them under
paragraph 6(2).

Intervention 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) 5under paragraph 5 by a combined authority.

(2) If 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),
10direct the Mayor of London or the combined authority to
modify 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) 15the Mayor of London or the combined authority must
comply with the direction;

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

(4) 20Sub-paragraph (3) does not apply if or to the extent that the
direction 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
25paragraph 2(4)(a) or 6(4)(a), the Secretary of State may direct that
the 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) 30may approve the document or part;

(b) may 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) 35The Secretary of State may at any time—

(a) after 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
40paragraph 2(4)(a) or 6(4)(a),

direct 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) 45No steps are to be taken in connection with the adoption or
approval 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) If the direction—

(a) 5is 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) is not withdrawn before those recommendations are made,

10the 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
of State, or the direction is withdrawn.

15The “relevant part” is the part of the document that—

(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) 20The 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
25matter 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) 30with 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 35In 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
40Secretary 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
458 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) 5A 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.””

Section 136

10SCHEDULE 12 Permission in principle for development of land:
minor and consequential amendments

Town and Country Planning Act 1990 (c. 8)

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

2 15In 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
permission in principle”.

4 20In 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
subsection (1)(a) and (b), after “planning permission” insert “or permission
25in 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
permission in principle”.

8 (1) 30Section 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) after “the application for planning permission” insert “or permission
35in 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
heading and in subsections (1)(a), (3), (5) and (8), after “planning
40permission” 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) Section 70 (determination of applications: general considerations) is
5amended 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
(1A), (2)(b) and (2ZZA) to (2ZZC) do not”.

12 (1) 10Section 70A (power to decline to determine subsequent application) is
amended as follows.

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

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

(3) 15In subsection (8), for “An application for planning permission is similar”
substitute “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) 20Section 70B (power to decline to determine overlapping application) is
amended 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 25In section 70C (power to decline to determine retrospective application), in
subsections (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
30principle”.

16 In 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) 35In subsection (1)—

(a) after “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) 40in paragraph (b), after “planning permission” insert “, or permission
in principle,”.

(3) In subsection (1B)—