Housing and Planning Bill (HL Bill 110)

(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) 5In 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
10of 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
15to the area of an urban development corporation), for “that this Part does not
apply” substitute “that the provisions of—

this Part, or

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

do not apply”.”

20Planning permission etc

138 Approval condition where development order grants permission for building

(1) In section 60 of the Town and Country Planning Act 1990 (permission granted
by development order), after subsection (1) insert—

“(1A) Without prejudice to the generality of subsection (1), where planning
25permission is granted by a development order for building operations
in England, the order may require the approval of the local planning
authority, or the Secretary of State, to be obtained—

(a) for those operations, or

(b) with respect to any matters that relate to those operations, or to
30the use of the land in question following those operations, and
are specified in the order.””

(2) In subsection (2) of that section, after “any buildings” insert “in Wales”.

(3) In subsection (2B) of that section, for “subsection (1)” substitute “subsections
(1) and (1A)”.

(4) 35In section 70A of that Act (power to decline to determine subsequent
application), in subsection (5)(b), for “section 60(2)” substitute “section 60(1A),
(2)”.

139 Planning applications that may be made directly to Secretary of State

(1) In section 62A of the Town and Country Planning Act 1990 (when application
40may be made directly to Secretary of State), in subsection (1), for paragraphs

(a) and (b) substitute—

“(a) the local planning authority concerned is designated by the
Secretary of State for applications of a description specified in
the designation;

(b) 5the application falls within that description.””

(2) After that subsection insert—

“(1A) Only prescribed descriptions of application may be specified in a
designation under subsection (1).””

(3) For subsection (2) of that section substitute—

“(2) 10In this section “relevant application” means—

(a) an application for planning permission, or permission in
principle, for the development of land in England, or

(b) an application for approval of a matter that, as defined by
section 92, is a reserved matter in the case of an outline planning
15permission for the development of land in England,

but does not include an application of the kind described in section
73(1) or an application of a description excluded by regulations.””

(4) In subsection (3)(a)(i) of that section omit “, or for conservation area consent,”.

(5) In section 62B of that Act (designation for the purposes of section 62A), after
20subsection (1) insert—

“(1A) A document to which subsection (2) applies may set out different
criteria for each description of application prescribed under section
62A(1A).””

140 Local planning authorities: information about financial benefits

25After section 75 of the Town and Country Planning Act 1990 insert—

““Local planning authorities: information about financial benefits

75ZA Certain planning reports to contain information about financial
benefits

(1) A local planning authority in England must make arrangements to
30ensure that the required financial benefits information is included in
each report which—

(a) is made by an officer or agent of the authority for the purposes
of a non-delegated determination of an application for planning
permission, and

(b) 35contains a recommendation as to how the authority should
determine the application in accordance with section 70(2).

(2) The required financial benefits information is—

(a) a list of any financial benefits (whether or not material to the
application) which are local finance considerations or benefits
40of a prescribed description, and which appear to the person
making the report to be likely to be obtained—

(i) by the authority, or

(ii) by a person of a prescribed description or (if regulations
so provide) by any person,

as a result of the proposed development (if it is carried out);

(b) in relation to each listed financial benefit, a statement of the
5opinion of the person making the report as to whether the
benefit is material to the application;

(c) any other prescribed information about a listed financial
benefit.

(3) In this section—

• 10“local finance consideration” has the same meaning as in section
  70;

• “non-delegated determination” means a determination that is not
  delegated to an officer of the authority in question;

• “officer” includes employee.

(4) 15Regulations under this section may—

(a) prescribe a description of financial benefits by reference to the
amount or value of the benefit;

(b) make different provision for different kinds of local planning
authority or different kinds of development.””

141 20Planning applications etc: setting of fees

In section 303 of the Town and Country Planning Act 1990 (fees for planning
applications etc), after subsection (8) insert—

“(8A) If a draft of regulations of the Secretary of State under this section
would, apart from this subsection, be treated as a hybrid instrument for
25the purposes of the standing orders of either House of Parliament, it is
to proceed in that House as if it were not a hybrid instrument.””

Planning obligations

142 Resolution of disputes about planning obligations

(1) After section 106 of the Town and Country Planning Act 1990 (planning
30obligations) insert—

“106ZA Resolution of disputes about planning obligations

Schedule 9A (resolution of disputes about planning obligations) has
effect.””

(2) After Schedule 9 to that Act insert, as Schedule 9A, the Schedule set out in
35Schedule 13 to this Act.

(3) In section 106 of that Act, in subsection (1), for “and sections 106A to 106C”
substitute “, sections 106A to 106C and Schedule 9A”.

143 Planning obligations and affordable housing

(1) After section 106ZA of the Town and Country Planning Act 1990 (inserted by

section 142 above) insert—

“106ZB Enforceability of planning obligations regarding affordable
housing

(1) Regulations made by the Secretary of State may impose restrictions or
5conditions on the enforceability of planning obligations entered into
with regard to the provision of—

(a) affordable housing, or

(b) prescribed descriptions of affordable housing.

(2) Regulations under this section—

(a) 10may make consequential, supplementary, incidental,
transitional or saving provision;

(b) may impose different restrictions or conditions (or none)
depending on the size, scale or nature of the site or the proposed
development to which any planning obligations would relate.

15Paragraph (b) is without prejudice to the generality of section 333(2A).

(3) In this section “affordable housing” means new dwellings in England
that—

(a) are to be made available for people whose needs are not
adequately served by the commercial housing market, or

(b) 20are starter homes within the meaning of Chapter 1 of Part 1 of
the Housing and Planning Act 2016 (see section 2 of that Act).

(4) “New dwelling” here means a building or part of a building that—

(a) has been constructed for use as a dwelling and has not
previously been occupied, or

(b) 25has been adapted for use as a dwelling and has not been
occupied since its adaptation.

(5) The Secretary of State may by regulations amend this section so as to
modify the definition of “affordable housing”.””

(2) In section 333 of that Act (regulations and orders), after subsection (3) insert—

“(3ZA) 30No regulations may be made under section 106ZB unless a draft of the
instrument containing the regulations has been laid before, and
approved by a resolution of, each House of Parliament.””

Nationally significant infrastructure projects

144 Development consent for projects that involve housing

(1) 35Section 115 of the Planning Act 2008 (development for which development
consent may be granted) is amended as follows.

(2) At the end of subsection (1) insert “, or

(c) related housing development.””

(3) In subsection (2)(b), for “is not” substitute “does not consist of or include”.

(4) 40Before subsection (5) insert—

“(4B) “Related housing development” means development which—

(a) consists of or includes the construction or extension of one or
more dwellings,

(b) is on the same site as, or is next to or close to, any part of the
development within subsection (1)(a), or is otherwise
5associated with that development (or any part of it),

(c) is to be carried out wholly in England, and

(d) meets the condition in subsection (4C).

(4C) Development meets the condition in this subsection if the development
within subsection (1)(a) to which it is related is to be carried out in one
10or more of the following areas—

(a) England;

(b) waters adjacent to England up to the seaward limits of the
territorial sea.””

(5) In subsection (5), after “associated development” insert “or related housing
15development”.

(6) At the end insert—

“(7) The Secretary of State, in deciding an application for an order granting
development consent for development that includes related housing
development, must take into account any matters set out in guidance
20published by the Secretary of State.””

Powers for piloting alternative provision of processing services

145 Processing of planning applications by alternative providers

(1) The Secretary of State may by regulations make provision for a planning
application that falls to be determined by a specified local planning authority
25in England to be processed, if the applicant so chooses, not by that authority
but by a designated person.

(2) The regulations must provide that the option to have a planning application
processed by a designated person—

(a) does not affect a local planning authority’s responsibility for
30determining planning applications, and

(b) applies only until a specified date.

(3) The regulations may provide that—

(a) they apply only to planning applications for development of a specified
description;

(b) 35designations of persons by the Secretary of State (see subsection (7))
may be made so as to apply only in relation to planning applications for
development of a specified description.

(4) The regulations may—

(a) apply or disapply, in relation to England, any enactment about
40planning;

(b) modify the effect of any such enactment in relation to England.

(5) Sections 146 to 148, which set out matters that may be included in regulations
under this section, do not limit the power in section 190(5) (to make
supplementary provision etc).

(6) For the purposes of this group of sections (that is, this section and sections 146
to 148), processing a planning application means taking any action in relation
to the application (other than determining it) of a kind that—

(a) might otherwise be taken by or for the responsible planning authority,
5and

(b) is specified in the regulations.

(7) In this group of sections “designated person” means a person—

(a) who is designated by the Secretary of State in accordance with the
regulations, and

(b) 10whose designation has not been withdrawn in accordance with the
regulations.

The Secretary of State may designate a local planning authority.

(8) In this group of sections—

• “local planning authority” has the same meaning as in the Town and
  15Country Planning Act 1990;

• “planning application” means an application for planning permission
  under Part 3 of that Act;

• “responsible planning authority”, in relation to a planning application,
  means the local planning authority responsible for determining the
  20application;

• “specified” means specified in regulations under this section.

146 Regulations under section 145: general

(1) Regulations under section 145 may make provision—

(a) requiring a designated person to process a planning application, except
25in specified circumstances, if chosen to do so by an applicant;

(b) allowing a responsible planning authority to take over the processing
of a planning application from a designated person in specified
circumstances.

(2) The regulations may make provision about—

(a) 30eligibility to act as a designated person;

(b) the capacity of a local planning authority to act as a designated person;

(c) actions to be taken or procedures to be followed—

(i) by persons making planning applications,

(ii) by designated persons, or

(iii) 35by responsible planning authorities,

and periods within which the actions or procedures are to be taken or
followed;

(d) matters to be considered by designated persons or responsible
planning authorities;

(e) 40performance standards for designated persons;

(f) the investigation of complaints or concerns about designated persons;

(g) the circumstances in which, and the extent to which, any advice
provided by a designated person to a person making a planning
application is binding—

(i) 45on the responsible planning authority, or

(ii) on designated persons other than the one providing the advice;

(h) cases where a person ceases to be a designated person or where a
designated person is unable to continue processing a planning
application.

(3) The provision that may be made under subsection (2)(c) includes provision
5requiring a designated person to provide assistance to the responsible
planning authority in connection with—

(a) any appeal against the authority’s determination of the application;

(b) any application to the court made in relation to that determination.

(4) The provision that may be made under subsection (2)(f) includes—

(a) 10provision about the payment of compensation;

(b) provision for a designated person to be required to indemnify the
responsible authority for any compensation that the authority is
required to pay;

(c) provision applying anything in Part 3 of the Local Government Act
151974 (local government administration) with or without modifications.

(5) The regulations may confer powers on the Mayor of London or the Secretary
of State in cases where a direction is given under section 2A or 77 of the Town
and Country Planning Act 1990 (“call-in” directions).

147 Regulations under section 145: fees and payments

(1) 20Regulations under section 145 may make provision about—

(a) the setting, publication and charging of fees by designated persons or
responsible planning authorities;

(b) the refunding of fees, by designated persons or responsible planning
authorities, in specified circumstances.

(2) 25The provision that may be made under subsection (1)(a) includes provision
giving power to the Secretary of State to prevent the charging of fees that he or
she considers excessive.

(3) The provision that may be made under subsection (1)(b) includes provision
requiring a designated person or a responsible planning authority to refund to
30an applicant some or all of a fee paid by the applicant to a designated person
where the person or the authority fails to do a particular thing within a
specified period.

(4) The regulations may authorise the making of payments by the Secretary of
State to local planning authorities or designated persons.

148 35Regulations under section 145: information

(1) Regulations under section 145 may make provision—

(a) requiring responsible planning authorities to disclose information to
designated persons;

(b) requiring designated persons to disclose information to responsible
40planning authorities or to other designated persons;

(c) restricting the uses to which information disclosed by virtue of
paragraph (a) or (b) may be put;

(d) restricting further disclosure of such information.

(2) The regulations may make provision for designated persons or responsible
planning authorities to be required to provide information to the Secretary of
State.

Urban development corporations

149 5Designation of urban development areas: procedure

(1) Section 134 of the Local Government, Planning and Land Act 1980 (urban
development areas) is amended as follows.

(2) After subsection (1) insert—

“(1A) Before making an order under subsection (1) in relation to land in
10England, the Secretary of State must consult the following persons—

(a) persons who appear to the Secretary of State to represent those
living within, or in the vicinity of, the proposed urban
development area;

(b)
persons who appear to the Secretary of State to represent
15businesses with any premises within, or in the vicinity of, the
proposed urban development area;

(c)
each local authority for an area which falls wholly or partly
within the proposed urban development area; and

(d)
any other person whom the Secretary of State considers it
20appropriate to consult.””

(3) For subsection (4) substitute—

“(4) A statutory instrument containing an order made by the Secretary of
State under subsection (1) is subject to annulment in pursuance of a
resolution of either House of Parliament.

(4A) 25An order made by the Welsh Ministers under subsection (1) (by virtue
of paragraph 30 of Schedule 11 to the Government of Wales Act 2006)
does not have effect until approved by a resolution of the National
Assembly for Wales.

(4B) An order made by the Scottish Ministers under subsection (1) (by virtue
30of section 53 of the Scotland Act 1998) is subject to the affirmative
procedure (see Part 2 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10)2010 (asp 10)).””

150 Establishment of urban development corporations: procedure

(1) Section 135 of the Local Government, Planning and Land Act 1980 (urban
35development corporations) is amended as follows.

(2) After subsection (1) insert—

“(1A) Before making an order under this section in relation to an urban
development area in England, the Secretary of State must consult the
following persons—

(a) 40persons who appear to the Secretary of State to represent those
living within, or in the vicinity of, the urban development area;

(b) persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of, the
urban development area;

(c) each local authority for an area which falls wholly or partly
5within the urban development area; and

(d) any other person whom the Secretary of State considers it
appropriate to consult.””

(3) For subsection (3) substitute—

“(3) A statutory instrument containing an order made by the Secretary of
10State under this section is subject to annulment in pursuance of a
resolution of either House of Parliament.

(3A) An order made by the Welsh Ministers under this section (by virtue of
paragraph 30 of Schedule 11 to the Government of Wales Act 2006)
does not have effect until approved by a resolution of the National
15Assembly for Wales.

(3B) An order made by the Scottish Ministers under this section (by virtue
of section 53 of the Scotland Act 1998) is subject to the affirmative
procedure (see Part 2 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10)2010 (asp 10)).””

151 20Sections 149 and 150: consequential repeals

In the Deregulation Act 2015, omit sections 46 and 47.

Part 7 Compulsory purchase etc

Right to enter and survey land

152 25Right to enter and survey land

(1) A person authorised in writing by an acquiring authority may enter and
survey or value land in connection with a proposal to acquire an interest in or
a right over land.

(2) The person—

(a) 30may only enter and survey or value land at a reasonable time, and

(b) may not use force unless a justice of the peace has issued a warrant
under section 153(1) authorising the person to do so.

(3) The person must, if required when exercising or seeking to exercise the power
conferred by subsection (1), produce—

(a) 35evidence of the authorisation, and

(b) a copy of any warrant issued under section 153(1).

(4) An authorisation under subsection (1) may relate to the land which is the
subject of the proposal or to other land.

(5) If the land is unoccupied or the occupier is absent from the land when the
40person enters it, the person must leave it as secure against trespassers as when
the person entered it.

(6) In this section and sections 153 to 158 “acquiring authority” and “owner” have
the meanings given in section 7 of the Acquisition of Land Act 1981.

153 Warrant authorising use of force to enter and survey land

(1) A justice of the peace may issue a warrant authorising a person to use force in
5the exercise of the power conferred by section 152(1) if satisfied—

(a) that another person has prevented or is likely to prevent the exercise of
that power, and

(b) that it is reasonable to use force in the exercise of that power.

(2) The force that may be authorised by a warrant is limited to that which is
10reasonably necessary.

(3) A warrant authorising the person to use force must specify the number of
occasions on which the authority can rely on the warrant when entering and
surveying or valuing land.

(4) The number specified must be the number which the justice of the peace
15considers appropriate to achieve the purpose for which the entry and survey
or valuation are required.

(5) Any evidence in proceedings for a warrant under this section must be given on
oath.

154 Notice of survey and copy of warrant

(1) 20The acquiring authority must give every owner or occupier of land at least 14
days’ notice before the first day on which the authority intends to enter the
land in exercise of the power conferred by section 152.

(2) Notice given in accordance with subsection (1) must include—

(a) a statement of the recipient’s rights under section 156, and

(b) 25a copy of the warrant, if there is one.

(3) If the authority proposes to do any of the following, the notice must include
details of what is proposed—

(a) searching, boring or excavating;

(b) leaving apparatus on the land;

(c) 30taking samples;

(d) an aerial survey;

(e) carrying out any other activities that may be required to facilitate
compliance with the instruments mentioned in subsection (5).

(4) If the authority obtains a warrant after giving notice in accordance with
35subsection (1) it must give a copy of the warrant to all those to whom it gave
that notice.

(5) The instruments referred to in subsection (3)(e) are—

(a) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the environment, as
40amended from time to time,

(b) Council Directive 92/43/EC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora, as amended from time to
time, or