Amendment Paper as at
Monday 8th December 2003
CONSIDERATION OF BILL
PLANNING AND COMPULSORY PURCHASE BILL, AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr Secretary Prescott (Planning and Compulsory Purchase Bill (Programme)).
NEW CLAUSES
Planning contribution
Mr Secretary Prescott
NC1
To move the following Clause:—
'(1) The Secretary of State may, by regulations, make provision for the making of a planning contribution in relation to the development or use of land in the area of a local planning authority.
(2) The contribution may be made—
| (a) | by the prescribed means, |
| (b) | by compliance with the relevant requirements, or |
| (c) | by a combination of such means and compliance. |
(3) The regulations may require the local planning authority to include in a development plan document (or in such other document as is prescribed)—
| (a) | a statement of the developments or uses or descriptions of development or use in relation to which they will consider accepting a planning contribution; |
| (b) | a statement of the matters relating to development or use in relation to which they will not consider accepting a contribution by the prescribed means; |
| (c) | the purposes to which receipts from payments made in respect of contributions are (in whole or in part) to be put; |
| (d) | the criteria by reference to which the value of a contribution made by the prescribed means is to be determined. |
(4) The regulations may make provision as to circumstances in which—
| (a) | except in the case of a contribution to which subsection (3)(b) applies, the person making the contribution (the contributor) must state the form in which he will make the contribution; |
| (b) | the contribution may not be made by compliance with the relevant requirements if it is made by the prescribed means; |
| (c) | the contribution may not be made by the prescribed means if it is made by compliance with the relevant requirements; |
| (d) | a contribution must not be made. |
(5) The prescribed means are—
| (a) | the payment of a sum the amount and terms of payment of which are determined in accordance with criteria published by the local planning authority for the purposes of subsection (3)(d), |
| (b) | the provision of a benefit in kind the value of which is so determined, or |
| (c) | a combination of such payment and provision. |
(6) The relevant requirements are such requirements relating to the development or use as are—
| (a) | prescribed for the purposes of this section, and |
| (b) | included as part of the terms of the contribution, |
and may include a requirement to make a payment of a sum.
(7) Development plan document must be construed in accordance with section 36(3).'.
As Amendments to Mr Secretary Prescott's proposed Clause (NC1) (Planning contribution):
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(a)
Line 1, at beginning insert—
'(1) An applicant for planning permission has the right to opt at any time for either an agreement under section 106 of the principal Act or'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(b)
Line 3, at end insert—
'(1A) Both the payments under section 106 (planning obligations) and the planning contributions will be in the form of the planning condition and therefore both procedures will have the same provisions providing for an appeal to the Secretary of State.'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(c)
Line 12, leave out 'consider accepting' and insert 'accept'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(d)
Line 15, leave out from 'not' to end of line 16 and insert 'accept'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(e)
Line 18, at end insert 'but this cannot be wider in scope than the current "necessity test" as currently applied in the section 106 procedure.'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(f)
Line 20, at end insert '(which where this includes the provisions of a benefit in kind this may not be a higher value than the alternative monetary payment).'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(g)
Line 20, at end insert—
'(3A) The criteria referred to in subsection (3)(d) may amongst other matters set out—
| (a) | the charge per dwelling; |
| (b) | the charge per square metre of all other developments; |
| (c) | the minimum size of development to which the charge will apply; |
| (d) | whether different charges will apply to "greenfield" and "brownfield" land; |
| (e) | the percentage of affordable housing that must be applied to each development; |
| (f) | that there will not be any R.P.I. escalator attached to these charges.'. |
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(h)
Line 25, leave out paragraph (b).
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(i)
Line 27, leave out paragraph (c).
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(j)
Line 43, at end add—
'(8) Provided the planning authority have complied with all the regulations relating to planning contributions the Secretary of State may not cause a plan to be rejected or revised on the grounds that the authority have set the charge at too low a level.'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(k)
Line 43, at end add—
'(8) Provision may be made to enable periodic adjustment of the criteria mentioned in section (Planning contribution) (3) (d). But nothing in these regulations will permit any change in the quantum of the planning contribution unless there is a revision of the development plan document in subsection (7) above and any such change will be the subject to full community involvement.'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(l)
Line 43, at end add—
'(8) The Secretary of State will fully reimburse any local planning authority where it can demonstrate that there is a net cost to them in preparing these regulations.'.
Planning contribution: regulations
Mr Secretary Prescott
NC2
To move the following Clause:—
'(1) This section applies for the purpose of regulations made under section (Planning contribution).
(2) Maximum and minimum amounts may be prescribed in relation to a payment falling within section (Planning contribution)(5)(a).
(3) Provision may be made to enable periodic adjustment of the criteria mentioned in section (Planning contribution)(3)(d).
(4) The local planning authority may be required to publish an annual report containing such information in relation to the planning contribution as is prescribed.
(5) If a document is prescribed for the purposes of section (Planning contribution)(3) the regulations may prescribe—
| (a) | the procedure for its preparation and the time at which it must be published; |
| (b) | the circumstances in which and the procedure by which the Secretary of State may take steps in relation to the preparation of the document. |
(6) Provision may be made for the enforcement by the local planning authority of the terms of a planning contribution including provision—
| (a) | for a person deriving title to the land from the contributor to be bound by the terms of the contribution; |
| (b) | for a condition to be attached to any planning permission relating to the land requiring the contribution to be made before any development is started; |
| (c) | for the enforcement of a planning contribution in respect of land which is Crown land within the meaning of section 293(1) of the principal Act. |
(7) The regulations may—
| (a) | require the local planning authority to apply receipts from planning contributions made by the prescribed means only to purposes mentioned in section (Planning contribution)(3)(c); |
| (b) | make provision for setting out in writing the terms of the planning contribution; |
| (c) | make provision in relation to the modification or discharge of a planning contribution. |
(8) The regulations may—
| (a) | make different provision in relation to the areas of different local planning authorities or different descriptions of local planning authority; |
| (b) | exclude their application (in whole or in part) in relation to the area of one or more local planning authorities or descriptions of local planning authority.'. |
As Amendments to Mr Secretary Prescott's proposed Clause (NC2) (Planning contribution: regulations):
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(a)
Line 4, at end insert—
'(2A) But nothing in these regulations shall enable either the Secretary of State or the local planning authority to raise the quantum of the planning contribution once—
| (a) | planning permission has been granted; |
| (b) | that permission remains in force; and |
| (c) | any condition relating to planning contribution has been agreed with the applicant.'. |
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(b)
Line 4, at end insert—
'(2A) The maximum amount may not be more than would be the case if the same application were subject to the section 106 payments.'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(c)
Line 5, after 'adjustment', insert 'either upwards or downwards'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(d)
Line 9, at end insert 'which will then be adopted in all subsequent development plans and only then will revised planning contributions apply.'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(e)
Line 10, leave out subsection (5).
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(f)
Line 18, at end insert 'unless the local planning authority certify that the terms of the contribution have been fully met prior to any transfer of title taking place.'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(g)
Line 22, leave out from 'made' to end of line 23 and insert 'at agreed stages of the development;'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(h)
Line 34, at end insert—
'(7A) The Audit Commission will have a specific duty to ensure value for money in any case to which subsection (7)(a) applies.'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(i)
Line 37, at end insert—
'(7A) The planning contribution referred to in subsection (7)(b) must take into account any additional cost which the developer may be required to undertake at the request of any statutory body. If this occurs after the grant of planning permission the applicant will have the right to ask the local authority to reduce the amount of the contribution.'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(k)
Line 41, at end add—
| '(c) | state the grounds on which a local authority will decline to accept an amount agreed under subsection (2).'. |
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
(j)
Line 41, at end add—
'(9) Subsection (8) applies where two or more local planning authorities have prepared joint local development plans under the terms of section 27.
