Housing and Planning Bill (HL Bill 117)

apply” substitute “that the provisions of—

(a) this Part, or

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

do not apply”.”

5Planning permission etc

152 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
10permission 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
15the 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) 20In 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)”.

153 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
25may 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) 30the 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) 35In 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
40permission 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
subsection (1) insert—

“(1A) A document to which subsection (2) applies may set out different
5criteria for each description of application prescribed under section
62A(1A).””

154 Planning freedoms: right for local areas to request alterations to planning
system

(1) If the following conditions are met, the Secretary of State may by regulations
10make a planning freedoms scheme, having effect for a specified period, in
relation to a specified planning area.

A “planning freedoms scheme” is a scheme that disapplies or modifies
specified planning provisions in order to facilitate an increase in the amount of
housing in the planning area concerned.

(2) 15The first condition is that the relevant planning authority or authorities have
requested the Secretary of State to make a planning freedoms scheme for their
area.

(3) The second condition is that the Secretary of State is satisfied—

(a) that there is a need for a significant increase in the amount of housing
20in the planning area concerned,

(b) that the planning freedoms scheme will contribute to such an increase,
and

(c) that adequate consultation has been carried out.

(4) The third condition is that—

(a) 25the relevant planning authority or authorities have prepared a
summary of the views expressed in the consultation referred to at
subsection (3)(c), and

(b) the Secretary of State has considered that summary.

(5) For the purposes of subsection (3)(c) consultation is “adequate” only if—

(a) 30the relevant authority or authorities publish an explanation of what the
proposed planning freedoms scheme is expected to involve, and

(b) persons in the planning area concerned, and other persons likely to be
affected, have a reasonable opportunity to communicate their views
about the proposed scheme.

(6) 35The Secretary of State may decide to restrict the number of planning freedoms
schemes in force at any one time (and accordingly is not required to make a
scheme merely because the conditions in this section are met).

(7) The Secretary of State may by regulations bring a planning freedoms scheme
to an end, and must do so if the relevant planning authority or, as the case may
40be, any of the relevant planning authorities so request.

(8) In this section—

• “planning area” means the area of a local planning authority, or an area
  comprising two or more adjoining areas of local planning authorities;

• “planning provision” means a provision to do with planning that is
  45contained in or made under any Act;

Housing and Planning BillPage 82

• “relevant planning authority” means the local planning authority for an
  area that is or forms part of a planning area;

• “specified” means specified in regulations under subsection (1).

155 Local planning authorities: information about financial benefits

5After 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
10ensure 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) 15contains 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
20of 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,

25as a result of the proposed development (if it is carried out);

(b) in relation to each listed financial benefit, a statement of the
opinion 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
30benefit.

(3) In this section—

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

• “non-delegated determination” means a determination that is not
  35delegated to an officer of the authority in question;

• “officer” includes employee.

(4) Regulations under this section may—

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

(b) 40make different provision for different kinds of local planning
authority or different kinds of development.””

156 Planning 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
the purposes of the standing orders of either House of Parliament, it is
5to proceed in that House as if it were not a hybrid instrument.””

Planning obligations

157 Resolution of disputes about planning obligations

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

“106ZA 10 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
Schedule 13 to this Act.

(3) 15In section 106 of that Act, in subsection (1), for “and sections 106A to 106C”
substitute “, sections 106A to 106C and Schedule 9A”.

158 Planning obligations and affordable housing

(1) After section 106ZA of the Town and Country Planning Act 1990 (inserted by
section 157 above) insert—

“106ZB 20 Enforceability of planning obligations regarding affordable
housing

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

(a) 25affordable housing, or

(b) prescribed descriptions of affordable housing.

(2) Regulations under this section—

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

(b) 30may 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.

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

(3) In this section “affordable housing” means new dwellings in England
35that—

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

(b) are 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) 40“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) has been adapted for use as a dwelling and has not been
occupied since its adaptation.

(5) 5The 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) No regulations may be made under section 106ZB unless a draft of the
instrument containing the regulations has been laid before, and
10approved by a resolution of, each House of Parliament.””

159 Carbon compliance standard for new homes

(1) The Secretary of State must within one year of the passing of this Act make
regulations under section 1(1) of the Building Act 1984 (power to make
building regulations) for the purpose of ensuring that all new homes in
15England built from 1 April 2018 achieve the carbon compliance standard.

(2) For the purpose of subsection (1), “carbon compliance standard” means an
improvement on the target carbon dioxide emission rate, as set out in the
Building Regulations 2006, of—

(a) 60% in the case of detached houses;

(b) 2056% in the case of attached houses; and

(c) 44% in the case of flats.

160 Affordable housing contributions in small scale development

(1) Local planning authorities may require sites falling within subsection (2) to
make an affordable housing contribution, in cash or kind, determined by the
25requirements of the housing market of that area.

(2) Authorities may require contributions from—

(a) developments of 10 units or less, and developments which have a
maximum combined gross floorspace of no more than 1000sqm (gross
internal area), and

(b) 30developments in a rural area or an area where—

(i) planning permission for the site was granted wholly or partly
on the basis of a policy for the provision of housing on rural
exception sites;

(ii) the site is in a national park or an area with equal protection to
35that of a national park; or

(iii) the site is in an area designated under section 82 of the
Countryside and Rights of Way Act 2000 (designation of areas)
as an area of outstanding natural beauty.

(3) In subsection (2) a rural area is defined as—

(a) 40any settlement with a population of fewer than 3,000 people at the most
recent national census, or

(b) any settlement with a population of between 3,000 and 10,000 people at
the most recent national census, and designated as a rural area by the
Secretary of State following representations from the relevant local
45authority.

161 Sustainable drainage systems

(1) The Water Industry Act 1991 is amended as follows.

(2) After section 106(1B) (right to communicate with public sewers) insert—

“(1C) The right under subsection (1) is subject to section 106AB.””

(3) 5After section 106A insert—

“106AB Sustainable drainage systems

(1) A person may only exercise the right under section 106(1) in respect of
surface water if the relevant drainage system is designed and
constructed according to—

(a) 10the non-statutory technical standards for sustainable drainage
systems or any replacement standards as may be published by
the Minister from time to time; and

(b) the planning permission or development consent order for the
development drained by the drainage system in question.

(2) 15In this section “drainage system” has the same meaning as in paragraph
1 of Schedule 3 to the Flood and Water Management Act 2010.””

Nationally significant infrastructure projects

162 Development consent for projects that involve housing

(1) Section 115 of the Planning Act 2008 (development for which development
20consent 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) Before subsection (5) insert—

“(4B) 25“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
30associated 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
35or 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
40development”.

(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
5published by the Secretary of State.””

Powers for piloting alternative provision of processing services

163 Processing of planning applications by alternative providers

(1) The Secretary of State may by regulations provide for temporary arrangements
in particular areas to test the practicality and desirability of competition in the
10processing (but not determining) of applications to do with planning.

(2) The regulations may make provision—

(a) for an application for planning permission that falls to be determined
by a specified local planning authority in England to be processed, if
the applicant so chooses, not by that authority but by a designated
15person;

(b) for any connected application also to be processed by a designated
person and not by that authority.

(3) The regulations must specify a period after which any such provision ceases to
apply.

20That period (whether as originally specified or as subsequently extended) must
end no later than five years after the first regulations under this section come
into force.”

(4) The Secretary of State must—

(a) review the operation and effectiveness of any arrangements made
25under the regulations;

(b) no later than 12 months after the date when the arrangements (or the
last of them) cease to have effect—

(i) lay a report before each House of Parliament, or

(ii) make a statement to the House of Parliament of which that
30Secretary of State is a member,

setting out the results and conclusions of the review.

(5) The regulations may provide that—

(a) they apply only to applications that relate to development of a specified
description;

(b) 35designations of persons by the Secretary of State (see subsection (13))
may be made so as to apply only in relation to applications that relate
to development of a specified description.

(6) 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.

(7) The regulations may not contain anything that allows or requires, or could
allow or require, the responsible planning authority’s duty to determine an
application to be carried out, to any extent, by a designated person on the
45authority’s behalf.

(8) Nothing said or done by a designated person appointed under the regulations
to process an application is binding on the responsible planning authority
when determining the application.

(9) Before making the first regulations under this section the Secretary of State
5must consult such representatives of local planning authorities, and such other
persons, as the Secretary of State thinks fit.

(10) Sections 164 to 166, which set out matters that may be included in regulations
under this section, do not limit the power in section 214(6) (to make
supplementary provision etc).

(11) 10For the purposes of this group of sections (that is, this section and sections 164
to 166), processing an 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,
and

(b) 15is specified in the regulations.

(12) In this group of sections “connected application”, in relation to an application
for planning permission that is to be or has been processed by a designated
person under the regulations (“the main application”), means—

(a) an application for approval of a matter reserved under an outline
20planning permission within the meaning of section 92 of the Town and
Country Planning Act 1990 (where the main application resulted in the
grant of such permission), or

(b) an application of a specified description, made under or by virtue of an
enactment about planning, that relates to some or all of the land to
25which the main application relates.

(13) 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) whose designation has not been withdrawn in accordance with the
30regulations.

The Secretary of State may designate a local planning authority.

(14) In this group of sections—

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

• 35“planning permission” means planning permission under Part 3 of that
  Act;

• “responsible planning authority”, in relation to an application for
  planning permission or a connected application, means the local
  planning authority responsible for determining the application;

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

164 Regulations under section 163: general

(1) Regulations under section 163 may—

(a) require a designated person (subject to any specified exceptions) to
process an application for planning permission if chosen to do so by an
45applicant;

(b) provide that, where an application for planning permission is to be or
has been processed by a designated person, any connected application

must (subject to any specified exceptions) also be processed by that
person;

(c) allow a responsible planning authority to take over the processing of an
application for planning permission, or a connected application, in
5specified circumstances.

(2) The regulations may make provision about—

(a) eligibility 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) 10by persons making applications for planning permission or
connected applications,

(ii) by designated persons, or

(iii) by responsible planning authorities,

and periods within which the actions or procedures are to be taken or
15followed;

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

(e) performance standards for designated persons;

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

(g) 20cases where a person ceases to be a designated person or where a
designated person is unable to continue processing an application.

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

(a) 25any 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) provision about the payment of compensation;

(b) provision for a designated person to be required to indemnify the
30responsible authority for any compensation that the authority is
required to pay;

(c) provision applying anything in Part 3 of the Local Government Act
1974 (local government administration) with or without modifications.

(5) The regulations may confer powers on the Mayor of London or the Secretary
35of State in cases where a direction is given under section 2A or 77 of the Town
and Country Planning Act 1990 (“call-in” directions).

165 Regulations under section 163: fees and payments

(1) Regulations under section 163 may make provision about—

(a) the setting, publication and charging of fees by designated persons or
40responsible planning authorities;

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

(2) The 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
45she 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
an 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
5specified period.

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

166 Regulations under section 163: information

(1) Regulations under section 163 may make provision—

(a) 10requiring responsible planning authorities to disclose information to
designated persons;

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

(c) restricting the uses to which information disclosed by virtue of
15paragraph (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.

20Urban development corporations

167 Designation 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) 25Before making an order under subsection (1) in relation to land in
England, 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)
30persons who appear to the Secretary of State to represent
businesses 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)
35any other person whom the Secretary of State considers it
appropriate to consult.””

(3) For subsection (4) substitute—

“(4) A statutory instrument containing an order made by the Secretary of
State under subsection (1) does not have effect until approved by a
40resolution of each House of Parliament.

(4A) If a draft of an instrument containing an order by the Secretary of State
under subsection (1) would, but for this subsection, be treated for the
purposes of the standing orders of either House of Parliament as a