Failure to comply with notice to ensure proper maintenance of Green Belt land
Mr Richard Ottaway
NC18
To move the following Clause:—
'After section 219 (Execution and cost of works required by a 215 notice) of the principal Act there is inserted the following section—
"Failure to comply with notice to ensure proper maintenance of Green Belt land
| (1) | This section applies when a notice has been served under section 215 in respect of land which is designated as Green Belt land. |
| (2) | If, within the period specified in a notice under section 215 in accordance with subsection (2) of that section, or within such extended period as the local planning authority who served the notice may allow, any steps required by the notice to be taken have not been taken, the local authority may acquire the land compulsorily. |
| (3) | Land which is compulsorily purchased under this section shall be made available for community use which is consistent with its Green Belt status. |
| (4) | In this section "Green Belt land" shall have the same meaning as in the Green Belt (London and Home Counties) Act 1938.".'. |
Local Development Plan (No. 2)
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
NC19
To move the following Clause:—
'(1) The local planning authority must prepare and maintain a plan to be known as their local development plan ("the Plan") which will contain a number of Local Development Documents ("the Documents"), each of which will cover a different subject matter as specified in the plan.
(2) The Plan must specify—
| (b) | the subject matter and geographical area to which each of the Documents is to relate; |
| (c) | which Documents (if any) are to be prepared jointly with one or more other local planning authorities which will be treated the same as if one single authority had prepared it; |
| (d) | any matter or area in respect of which the authority have agreed (or propose to agree) to the constitution of a joint committee under section 28; |
| (e) | such other matters as are prescribed. |
(3) When preparing the Plan or the Documents under (1) and (2) above the local planning authority must have regard to—
| (a) | national policies and advice contained in guidance issued by the Secretary of State; |
| (b) | the RSS for the region in which the area of the authority is situated, if the area is outside Greater London; |
| (c) | the spatial development strategy if the authority are a London borough or if any part of the authority's area adjoins Greater London; |
| (d) | the RSS for any region which adjoins the area of the authority; |
| (e) | the Wales Spatial Plan if any part of the authority's area adjoins Wales; |
| (f) | the Plan of any adjoining Local Planning Authority together with any of its documents which may be relevant; |
| (g) | the community strategy prepared by the authority; |
| (h) | the community strategy for any other authority whose area comprises any part of the area of the local planning authority; |
| (i) | any other local development document which has been adopted by the authority; |
| (j) | the resources likely to be available for implementing the proposals in the Documents; |
(4) The "Documents" must include inter alia—
| (a) | a statement of those matters in which the County Council has a role; |
| (b) | a Document for each of the larger settlements as detailed in the "plan". |
| (c) | a Document for any other settlement which may be designated in the plan; |
| (d) | a Document detailing the matters relating to the Authority's policies on planning contributions and the provisions of social housing; |
| (e) | a "document" containing policies for areas where there are specific planning designations, such as Areas of Outstanding Natural Beauty and National Parks; |
| (f) | a Document detailing how land use, sustainability and economic regeneration are to be managed; |
| (g) | such other matters as the Secretary of State prescribes. |
(5) The local planning authority must—
| (a) | prepare the Plan and the Documents in accordance with such other requirements as are prescribed; |
| (b) | submit the Plan and the Documents to the Secretary of State at such time as is prescribed or as the Secretary of State (in a particular case) directs; |
| (c) | at that time send a copy of the Plan and the Documents to the RPB or (if the authority are a London borough) to the Mayor of London; |
| (d) | prepare, publish and have regard to a Statement of Community Involvement when preparing the Plan and the Documents as negotiated by section 4 of the Local Government Act 2000 (c. 22). |
(6) The local planning authority may withdraw the Plan or the Documents at any time before submission to the Secretary of State in accordance with (5)(b).
(7) The Secretary of State may direct the local planning authority to make such amendments to the Plan or the Documents as he thinks appropriate.
(8) A direction under subsection (7) above must contain the Secretary of State's reasons for giving it.
(9) The Secretary of State may make regulations as to the following matters—
| (a) | publicity about the Plan and the Documents; |
| (b) | making the Plan and the Documents available for inspection by the public; |
| (c) | requirements and timetable to be met for the purpose of bringing the Plan and the Documents into effect, which may not exceed six months. |
(10) The local planning authority must revise their local development plan and Documents—
| (a) | at such time as they consider appropriate, which may not be later than five years from the date the plan came into effect; |
| (b) | when directed to do so by the Secretary of State. |
(11) Subsections (2) to (10) above apply to the revision of a plan or documents as they apply to the preparation of the Plan or the Documents.
(12) The local planning authority must submit their local development plan and documents in their entirety to the Secretary of State for independent examination at the times and in the manner laid down in subsections (5) and (10).
(13) But the authority must not submit such a plan or document unless—
| (a) | they have complied with any relevant requirements contained in regulations under this Part, and |
| (b) | they are satisfied that they are ready for independent examination. |
(14) The authority must also send to the Secretary of State (in addition to the development plan) such other documents (or copies of documents) and such information as is prescribed.
(15) The examination must be carried out by a person appointed by the Secretary of State to be known as "the Independent Inspector."
(16) The purpose of an independent examination is to determine in respect of the local development plan and documents—
| (a) | whether they satisfy the requirements in this section; |
| (b) | whether they are sound in all material aspects; |
| (c) | whether all or part of the Plan and the Documents need to be subject of the examination. |
(17) Any person who makes representations seeking to change a development Plan or Documents must (if he so requests) be given the opportunity to submit a summary of his representations in writing to the Independent Inspector who may decline to hear either in writing or orally the evidence if he has reason to believe that it is a repetition of evidence which he has already received from another person.
(18) The independent inspector must within three months unless otherwise directed by the Secretary of State—
| (a) | make recommendations; |
| (b) | give reasons for the recommendations. |
(19) The local planning authority must within one month publish the recommendations made under subsection (18) which must be either confirmed by the Secretary of State or modified and published with reasons within the prescribed period under subsection (9) (c).
(20) The local planning authority must comply with directions given by the Secretary of State under subsections (2), (4), (6), (7), (9), (10), (12), (14), (18) and (19).'.
Caravan Sites (Consultation)
Mr Andrew Selous
NC20
To move the following Clause:—
'(1) Section 71 of the principal Act (Consultations in connection with determinations under section 70) is amended as follows.
(2) In subsection (3), at the end, there is inserted, 'save that such consultation shall not take into account the material consideration that the applicant is a traveller.'.
Enforcement of planning controls
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
NC22
To move the following Clause:—
'. A local planning authority must exercise its powers so as to ensure compliance with planning controls in its area.'.
Statutory planning role for county councils in regional planning
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
NC23
To move the following Clause:—
'Each RPB shall be advised on the preparation, review and monitoring the implementation of the RSS in relation to its region (or any part of it) by such authorities within the region as fall within section 4(2).'.
Mr David Curry
Mr Geoffrey Clifton-Brown
Mr Eric Pickles
Mr Mark Field
Mr Andrew Selous
28
Page 1, line 6 [Clause 1], at end insert 'in which all designated county councils and unitary authorities contained within the region will retain the planning function that they have at the present time.'.
Mr Matthew Green
Mr Edward Davey
51
Page 2, line 3 [Clause 2], after 'may', insert 'only'.
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