Housing and Planning Bill (HL Bill 117)

Housing and Planning BillPage 170

(2) But if the person is continuing to engage in the conduct on that
day, and the conduct continues beyond the end of that day, the
notice of intent may be given—

(a) at any time when the conduct is continuing, or

(b) 5within the period of 6 months beginning with the last day
on which the conduct occurs.

(3) For the purposes of this paragraph a person’s conduct includes a
failure to act.

3 The notice of intent must set out—

(a) 10the amount of the proposed financial penalty,

(b) the reasons for proposing to impose the financial penalty,
and

(c) information about the right to make representations under
paragraph 4.

15Right to make representations

4 (1) A person who is given a notice of intent may make written
representations to the local housing authority about the proposal
to impose a financial penalty.

(2) Any representations must be made within the period of 28 days
20beginning with the day after that on which the notice was given
(“the period for representations”).

Final notice

5 After the end of the period for representations the local housing
authority must—

(a) 25decide whether to impose a financial penalty on the
person, and

(b) if it decides to impose a financial penalty, decide the
amount of the penalty.

6 If the authority decides to impose a financial penalty on the
30person, 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
period of 28 days beginning with the day after that on which the
notice was given.

8 35The final notice must set out—

(a) the amount of the financial penalty,

(b) the reasons for imposing the penalty,

(c) information about how to pay the penalty,

(d) the period for payment of the penalty,

(e) 40information about rights of appeal, and

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

Withdrawal or amendment of notice

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

Housing and Planning BillPage 171

(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
5in 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) 10the 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) An appeal under this paragraph—

(a) is to be a re-hearing of the local housing authority’s
15decision, but

(b) may be determined having regard to matters of which the
authority was unaware.

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

(5) 20The final notice may not be varied under sub-paragraph (4) 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
25part 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) 30In 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) 35states that the amount due has not been received by a date
specified in the certificate,

is 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) 40In this paragraph “chief finance officer” has the same meaning as
in section 5 of the Local Government and Housing Act 1989.

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Guidance

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 135

5SCHEDULE 10 Enfranchisement and extension of long leaseholds: calculations

Leasehold Reform Act 1967

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

(2) 10For sub-paragraph (1) substitute—

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

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

(4) 15At the end insert—

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

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

(b) in relation to a tenancy of land in Wales, the Welsh
20Ministers.

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

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

(10) 25A statutory instrument containing regulations under sub-
paragraph (1) is subject to annulment—

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

(b) in the case of an instrument made by the Welsh Ministers,
30in pursuance of a resolution of the National Assembly for
Wales.”

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

(a) before this Act is passed, but

(b) 35on or after 11 July 2015,

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

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

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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) 5In 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
10section 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
15interest 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) 20for “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) 25After 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
30Welsh 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,

35as well as to cases where the relevant date is after this Act is passed.

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

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

(2) 40For sub-paragraph (2) substitute—

(2) The value of an intermediate leasehold interest which is the
interest of the tenant under a minor intermediate lease is to be

Housing and Planning BillPage 174

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) 5After 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
10Welsh 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,

15as 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 147

SCHEDULE 11 Default powers exercisable by Mayor of London or combined authority:
20Schedule 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 25If 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
30plan document, and

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

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

2 (1) 35This paragraph applies where a development plan document is
prepared or revised by the Mayor of London under paragraph 1.

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

(3) The Mayor of London—

Housing and Planning BillPage 175

(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
publication of those recommendations and reasons.

(4) 5The 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
resolution of the council as a local development document.

3 (1) 10Subsections (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
the Mayor of London, and

(b) 15with 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) The council must reimburse the Mayor of London—

(a) 20for 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) for any expenditure that the Mayor incurs in connection
25with 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
    established under section 103 of the Local Democracy,
    30Economic Development and Construction Act 2009;

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

    (a)

    a county council, metropolitan district council or non-
    metropolitan district council which is the local
    35planning 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
    combined authority.

5 40If 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
development plan document, and

(b) 45invites the combined authority to prepare or revise the
document,

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

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

(2) 5The combined authority must hold an independent examination.

(3) The combined authority—

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

(b) may also give directions to the constituent planning
10authority in relation to publication of those
recommendations and reasons.

(4) The combined authority may—

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

(b) 15direct the constituent planning authority to consider
adopting the document by resolution of the authority as a
local development document.

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

(a) 20with the reference to the local planning authority in
subsection (7C) of that section being read as a reference to
the combined authority, and

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

(2) 25The 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
authority—

(a) for any expenditure that the combined authority incur in
30connection 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) for any expenditure that the combined authority incur in
connection with anything which is done by them under
35paragraph 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) 40under 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),
45direct the Mayor of London or the combined authority to
modify the document in accordance with the direction;

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

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

(a) the Mayor of London or the combined authority must
5comply 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) Sub-paragraph (3) does not apply if or to the extent that the
10direction under sub-paragraph (2) is withdrawn by the Secretary
of State.

(5) At any time before a development plan document to which this
paragraph applies is adopted under section 23, or approved under
paragraph 2(4)(a) or 6(4)(a), the Secretary of State may direct that
15the document (or any part of it) is submitted to him for his
approval.

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

(a) may approve the document or part;

(b) 20may approve it subject to specified modifications;

(c) may reject it.

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

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

(a) 25after a development plan document to which this
paragraph applies has been submitted for independent
examination, but

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

30direct the Mayor of London or the combined authority to
withdraw the document.

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

(2) No steps are to be taken in connection with the adoption or
35approval 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) 40If the direction—

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

(b) 45is not withdrawn before those recommendations are made,

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

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(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.

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

(a) 5is 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) The Secretary of State must publish the recommendations made to
10him 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
matter which he thinks is relevant.

(8) 15It 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) with the reference to the local planning authority in
20subsection (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 In the exercise of any function under paragraph 8 or 9 the
25Secretary 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
Secretary of State under paragraph 8 or 9 that is specified in a
30notice 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
8 in relation to a development plan document, he may direct the
35Mayor 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) A document to which a direction under this paragraph relates has
40no effect while the direction is in force.

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

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Section 150

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

Town and Country Planning Act 1990 (c. 8)1990 (c. 8)

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

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

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

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

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

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

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

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

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

(3) In subsection (7)—

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

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

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

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

(aza) applications for permission in principle;”.

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

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

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

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