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Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
281
Clause 24, page 14, line 10, leave out 'document' and insert 'plan'.
Mr David Wilshire
302
Clause 24, page 14, line 11, at end insert 'The local planning authority must first give notice of its intention of seeking revocation and its reasons for doing so.'
Mr David Wilshire
303
Clause 24, page 14, line 11, at end insert 'but must not do so until he has provided for a period of consultation and considered all representations received'.
Mr David Wilshire
304
Clause 25, page 14, line 17, at end add—
| (c) | not later than 5 years after the adoption of the Local Development Document'. |
Mr David Wilshire
306
Clause 25, page 14, line 17, at end insert 'within 12 months of the occurrence of the relevant event'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
282
Page 14, line 12, leave out Clause 25.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
283
Clause 26, page 14, line 40, leave out 'document' and insert 'plan'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
284
Clause 26, page 15, line 4, leave out 'document' and insert 'plan'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
285
Clause 26, page 15, line 5, leave out first 'document' and insert 'plan'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
286
Clause 26, page 15, line 5, leave out second 'document' and insert 'plan'.
Mr David Wilshire
305
Clause 26, page 15, line 6, after 'any', insert 'reasonable'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
294
Clause 27, page 15, line 12, leave out from the beginning to 'to' and insert 'The Secretary of State may direct two or more local authorities,'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
287
Page 15, line 11, leave out Clause 27.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
295
Clause 28, page 16, line 5, leave out from the beginning to 'to' in line 7 and insert 'This section applies if the Secretary of State has directed two or more local planning authorities.'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
296
Clause 30, page 17, line 19, at end insert—
'in accordance with guidance issued by the Secretary of State.'.
Sir Sydney Chapman
189
Clause 35, page 19, line 15, at end insert—
'(j) the steps to be taken by the local planning authority to ensure the local development scheme contributes to the greater social inclusion of disabled people in their area'.
NEW CLAUSES RELATING TO PART 2
Local Development Plans
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
NC7
To move the following Clause:—
'(1) The local planning authority must prepare a plan for their area to be known as a local development plan.
(2) The plan must set out—
| (a) | the authority's objectives in relation to the development and use of land in their area; |
| (b) | their general policies for the implementation of those objectives. |
(3) The plan may also set out specific policies in relation to any part of the area of the authority.
(4) Regulations under this section may prescribe the form and content of the plan.
(5) In preparing a local development plan the authority must have regard to—
| (a) | current national policies; |
| (b) | the England Spatial Plan; |
| (c) | the RSS for their region and any region which adjoins the area of the authority; |
| (d) | the community strategy prepared by the authority; |
| (e) | the community strategy for any other authority whose area comprises any part of the area of the local planning authority; |
| (f) | the resources likely to be available for implementing the plan; |
| (g) | such other matters as the Secretary of State prescribes. |
(6) The authority must also—
| (a) | carry out an appraisal of the sustainability of the plan; |
| (b) | prepare a report of the findings of the appraisal. |
(7) The community strategy is the strategy prepared by an authority under section 4 of the Local Government Act 2000 (c. 22).
(8) A plan is a local development plan only in so far as it—
| (a) | is adopted by resolution of the local planning authority as a local development plan; |
| (b) | is approved by the Secretary of State.'. |
Local Development Plans: preparation requirements
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
NC8
To move the following Clause:—
'(1) A local development plan must be prepared in accordance with—
| (a) | the local planning authority's community involvement scheme; |
| (b) | the timetable for the preparation and adoption of the authority's local development plan.' |
(2) The authority's community involvement scheme is a statement of the authority's policy as to the involvement in the exercise of the authority's functions under this Part of the persons to which subsection (3) applies.
(3) The persons mentioned in subsection (2)—
| (a) | must include such persons as the Secretary of State prescribes; |
| (b) | may include such other persons as appear to the authority to have an interest in matters relating to development in the area of the authority. |
(4) The authority and the Secretary of State must attempt to agree the terms of the documents mentioned in paragraphs (a) and (b) of subsection (1).
(5) But to the extent that the Secretary of State and the authority cannot agree the terms, the Secretary of State may direct that the documents must be in the terms specified in the direction.
(6) The authority must comply with the direction.
(7) The Secretary of State may prescribe—
| (a) | the procedure in respect of the preparation of the documents mentioned in paragraphs (a) and (b) of subsection (1); |
| (b) | the form and content of the documents; |
| (c) | the time at which any step in the preparation of the documents must be taken; |
| (d) | publicity about the documents; |
| (e) | making the documents available for inspection by the public; |
| (f) | circumstances in which the requirements of the documents need not be complied with'. |
Independent examination
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
NC9
To move the following Clause:—
'(1) The local planning authority must submit their local development plan to the Secretary of State for independent examination.
(2) But the authority must not submit a plan unless—
| (a) | they have complied with any relevant requirements contained in regulations under this Part, and |
| (b) | they think the plan is ready for independent examination. |
(3) The authority must also send to the Secretary of State (in addition to the local development plan) such other documents (or copies of documents) and such information as is prescribed.
(4) The examination must be carried out by a person appointed by the Secretary of State.
(5) The purpose of the independent examination is to determine in respect of a local development plan—
| (a) | whether it satisfies the requirements for local development plans and their preparation as set out in this part; |
(6) Any person who makes representations seeking to change a local development plan must (if he so requests) be given the opportunity to appear before and be heard by the person carrying out the examination.
(7) The person appointed to carry out the examination—
| (a) | must make recommendations; |
| (b) | give reasons for the recommendations. |
(8) The local planning authority must publish the recommendaitons and the reasons'.
Intervention by the Secretary of State
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
NC10
To move the following Clause:—
'(1) If the Secretary of State thinks that a local development plan is unsatisfactory he may at any time before the plan is adopted by the local planning authority direct them to modify the plan in accordance with the direction.
(2) The authority—
| (a) | must comply with the direction; |
| (b) | must not adopt the plan unless the Secretary of State gives notice that he is satisfied that they have complied with the direction. |
(3) At any time before a local development plan is adopted by a local planning authority the Secretary of State may direct that the plan is submitted to him for his approval.
(4) The following apply if the Secretary of State gives a direction under subsection (3)—
| (a) | the authority must not take any step in connection with the adoption of the plan until the Secretary of State gives his decision; |
| (b) | if the direction is given before the authority have submitted the plan for indpendent examination under the requirements of this part the Secretary of State must hold an independent examination and the requirements under this part for independent examinations will apply accordingly; |
| (c) | if the direction is given after the authority have submitted the plan the person appointed to carry out the examination must make his recommendations to the Secretary of State; |
| (d) | the plan has no effect unless it has been approved by the Secretary of State. |
(5) The Secretary of State must publish the recommendations made to it by virtue of subsection (4)(b) or (c).
(6) In considering a plan submitted under subsection (3) the Secretary of State may take account of any matter which he thinks is relevant.
(7) It is immaterial whether any such matter was taken account of by the authority.
(8) The Secretary of State—
| (a) | may approve subject to specified modifications or reject a plan submitted to him under subsection (3); |
| (b) | must give reasons for his decision under paragraph (a). |
(9) In the exercise of any function under this section the Secretary of State must have regard to the local planning authority's community involvement scheme and the timetable for the preparation and adoption of the authority's local development plan.'
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