Greater London Authority Bill

House of Commons

Session 2006 - 07
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Greater London Authority Bill

Greater London Authority Bill
Part 6 — Housing
28

“fire safety enforcement guidance” means guidance under article
26 (enforcement) of the Regulatory Reform (Fire Safety) Order
2005 given by the Secretary of State to the Fire etc Authority in
its capacity as an enforcing authority for the purposes of that
Order.
5
328B
  Directions to the Mayor by the Secretary of State
(1)
This section applies if the Secretary of State considers that any guidance
or directions (“the inconsistent guidance or directions”) issued under
section 328A above by the Mayor are inconsistent with—
(a)
the Fire and Rescue National Framework, or
10
(b)
fire safety enforcement guidance.
(2)
In order to remove the inconsistency, the Secretary of State may direct
the Mayor—
(a)
to make such revisions of the inconsistent guidance or
directions as may be specified by the Secretary of State in the
15
direction, or
(b)
if the inconsistency arises from a specific direction under
section 328A(1)(c) above, to revoke the direction.
(3)
Any direction given by the Secretary of State under subsection (2)
above must specify or otherwise identify the inconsistency in question.
20
(4)
The Mayor must comply with any direction under subsection (2) above.
(5)
In this section—
“the Fire and Rescue National Framework” has the same meaning
as in section 328A above;
“fire safety enforcement guidance” has the same meaning as in
25
section 328A above.”.
Part 6
Housing
28
The London housing strategy
(1)
Section 41 of the GLA Act 1999 (general duties of the Mayor in relation to his
30
strategies) is amended as follows.
(2)
In subsection (1) (the strategies to which the section applies) after paragraph
(bb) (inserted by section 24(2) above) insert—
“(bc)
the London housing strategy prepared and published under
section 333A below,”.
35
(3)
In subsection (9) (targets for implementation of strategies) after “any strategy
mentioned in subsection (1) above” insert “, except the London housing
strategy,”.
(4)
After section 333 of that Act (miscellaneous powers and duties relating to Part

Greater London Authority Bill
Part 6 — Housing
29

7) insert—
“Part 7A
Housing
333A
The London housing strategy
(1)
The Mayor shall prepare and (subject to section 333B(1) below) publish
5
a document to be known as the “London housing strategy”.
(2)
The London housing strategy shall contain—
(a)
the Mayor’s assessment of housing conditions in Greater
London and of the needs of Greater London with respect to the
provision of further housing accommodation;
10
(b)
any proposals or policies of the Mayor to promote the
improvement of those conditions and the meeting of those
needs;
(c)
a statement of the measures which other persons or bodies are
to be encouraged by the Mayor to take for the purpose of
15
improving those conditions and meeting those needs;
(d)
a statement of the Mayor’s spending recommendations for the
relevant period.
(3)
The Mayor’s spending recommendations for any period are—
(a)
a recommendation to the Secretary of State as to how much of
20
the money allocated by him during the relevant period for
housing in Greater London should be made available to the
Housing Corporation for the purpose of making housing grant;
(b)
recommendations to the Housing Corporation as to how it
should exercise its functions of making housing grant (see
25
subsection (4) below), so far as relating to Greater London (and
see also section 333D(1) (duty of Housing Corporation to have
regard to the recommendations));
(c)
a recommendation to the Secretary of State as to how much of
the money allocated by him during the relevant period for
30
housing in Greater London should be granted to each local
housing authority in Greater London.
(4)
Recommendations under subsection (3)(b) above may include—
(a)
recommendations as to the amount of grant which should be
made for the different activities or purposes in respect of which
35
grant may be payable;
(b)
recommendations as to the number, type and location of houses
which should be provided by means of grant.
(5)
The London housing strategy shall contain a statement of the Mayor’s
expectations as to how local housing authorities will use any money
40
granted to them as mentioned in subsection (3)(c) above.
(6)
The London housing strategy shall also contain such other matters
relating to housing in Greater London as the Secretary of State may
direct.
(7)
In preparing or revising the London housing strategy the Mayor shall
45
have regard to—

Greater London Authority Bill
Part 6 — Housing
30

(a)
the effect of his proposals and policies on any region which
adjoins Greater London;
(b)
any guidance given to him by the Secretary of State regarding
the preparation or revision of the strategy.
(8)
Where the Mayor revises the London housing strategy, he shall (subject
5
to section 333B(1) below) publish it as revised.
(9)
In this section—
“housing accommodation” and “house” are to be construed in
accordance with section 56 of the Housing Act 1985;
“housing grant” means grant under section 18 or 27A of the
10
Housing Act 1996;
“local housing authority” has the same meaning as in section 1 of
the Housing Act 1985;
“region” has the same meaning as in section 1 of the Regional
Development Agencies Act 1998;
15
“the relevant period” means such period as is specified by the
Secretary of State in guidance under subsection (7)(b) above;

and the reference in subsection (4)(b) above to providing houses by
means of housing grant is to be construed in accordance with section
63(2) of the Housing Act 1996.
20
(10)
In this Act, references to the London housing strategy include, except
where the context otherwise requires, a reference to the London
housing strategy as revised.
333B
Submission of draft strategy to Secretary of State before publication
(1)
The Mayor shall not publish the London housing strategy under
25
section 333A(1) or (8) above until—
(a)
he has submitted to the Secretary of State a draft of the strategy
he intends to publish together with a statement of that
intention, and
(b)
the condition in subsection (2) is met.
30
(2)
The condition is that—
(a)
the consideration period has expired without the Secretary of
State giving a direction under subsection (4) below, or
(b)
the Secretary of State has given such a direction and the Mayor
has complied with it.
35
(3)
If the Secretary of State considers that—
(a)
the draft strategy is inconsistent with current national policies
relating to housing, or
(b)
the implementation of the draft strategy would be detrimental
to the interests of a region (within the meaning of section 333A
40
above) which adjoins Greater London,

subsection (4) below applies.
(4)
If, in any such case, the Secretary of State considers it expedient to do
so for the purpose of—
(a)
removing the inconsistency mentioned in subsection (3)(a)
45
above, or
(b)
avoiding the detriment mentioned in subsection (3)(b) above,

Greater London Authority Bill
Part 6 — Housing
31


he may direct the Mayor to make such modifications to the draft as are
specified in the direction.
(5)
If the Secretary of State gives a direction under this section, the Mayor
must make the modifications specified in the direction.
(6)
The Secretary of State must consult the Mayor before giving him a
5
direction under this section.
(7)
The consideration period is—
(a)
the period of 6 weeks beginning with the date notified to the
Mayor by the Secretary of State as the date on which he received
the draft strategy and statement of intention to publish it, or
10
(b)
such longer period beginning with that date as the Secretary of
State may specify in any particular case.
333C
Reviews of the strategy
(1)
If the Secretary of State so directs, the Mayor shall, within such time as
the Secretary of State may specify in the direction,—
15
(a)
review the London housing strategy or such part of it as may be
specified in the direction, and
(b)
make such revisions of the strategy or that part as he considers
necessary in consequence of the review.
(2)
The Secretary of State must consult the Mayor before giving him a
20
direction under this section.
(3)
Subsection (1) does not affect section 41(2) above.
333D
Duties of Housing Corporation and local authorities
(1)
In exercising any function under—
(a)
section 18 of the Housing Act 1996 (social housing grants), or
25
(b)
section 27A of that Act (grants to bodies other than registered
social landlords),

the Housing Corporation shall have regard to the London housing
strategy.
(2)
Any local housing strategy prepared by a local housing authority in
30
Greater London must be in general conformity with the London
housing strategy.
(3)
In subsection (2)—
“local housing strategy” means—
(a)
any strategy required to be produced under section 87 of
35
the Local Government Act 2003;
(b)
any other statement of the local housing authority’s
policies or proposals relating to housing;
“local housing authority” has the same meaning as in section 333A
above.”.
40
(5)
If the Secretary of State so directs, the Mayor must submit the draft London
housing strategy to the Secretary of State pursuant to section 333B(1) by such
date as is specified in the direction.
(6)
The Secretary of State must consult the Mayor before giving him a direction
under subsection (5).
45

Greater London Authority Bill
Part 7 — Planning
32

Part 7
Planning
The Mayor’s spatial development strategy
29
Duties in relation to consultation
(1)
Section 335 of the GLA Act 1999 (the Mayor’s spatial development strategy:
5
consultation) is amended as follows.
(2)
After subsection (1) (duty to consult the Assembly and the functional bodies
about his proposals) insert—
“(1A)
The Mayor must have regard to any comments submitted to him in
response by the Assembly or any of the functional bodies.
10
(1B)
The Mayor must prepare, and submit to the Chair of the Assembly, a
written statement—
(a)
identifying which of the comments submitted by the Assembly
are accepted by the Mayor for implementation in the strategy,
and
15
(b)
setting out the reasons why any comments so submitted are not
so accepted.”.
(3)
In subsection (2) after “After the consultation required by subsection (1)(c)
above” insert “(and the submission of any statement required by subsection
(1B) above)”.
20
Local development schemes
30
Local development schemes
(1)
Section 15 of PCPA 2004 (local development schemes) is amended as follows.
(2)
In paragraph (c) of subsection (3) (duty to send copy to RPB or Mayor of
London) for the words from “or” to the end of the paragraph substitute
25
“(unless the authority are a London borough)”.
(3)
In subsection (3), after paragraph (c) (duty to submit scheme to Secretary of
State) insert “;
(d)
if the authority are a London borough, submit the scheme to the
Mayor of London at such time as is prescribed or as the Mayor
30
of London (in a particular case) directs”.
(4)
In subsection (4) (power of Secretary of State to direct amendments to scheme)
after “The Secretary of State” insert “or the Mayor of London”.
(5)
After subsection (4) insert—
“(4A)
The Mayor of London—
35
(a)
may give a direction under subsection (4) only if the local
planning authority are a London borough, and
(b)
in considering whether to give such a direction, and which
amendments to include in the direction, must have regard to
any guidance issued by the Secretary of State.”.
40

Greater London Authority Bill
Part 7 — Planning
33

(6)
In subsection (5) (direction to contain reasons)—
(a)
for “Such a direction” substitute “A direction under subsection (4)”,
(b)
after “the Secretary of State’s” insert “, or (as the case may be) the
Mayor of London’s,”.
(7)
In subsection (6) (local planning authority to comply with direction) at the end
5
insert—

“In the case of a direction given by the Mayor of London, this
subsection is subject to subsections (6A) to (6E).”.
(8)
After subsection (6) insert—
“(6A)
If at any time the Mayor of London gives a direction under subsection
10
(4)—
(a)
he must at that time send a copy of the direction to the Secretary
of State, and
(b)
the scheme is not to be brought into effect until such time as
may be prescribed.
15
(6B)
The Secretary of State may, within such time as may be prescribed,
direct the local planning authority—
(a)
to disregard a direction given under subsection (4) by the
Mayor of London, or
(b)
to give effect to the direction with such modifications as may be
20
specified in the Secretary of State’s direction.
(6C)
Such a direction must contain the Secretary of State’s reasons for giving
it.
(6D)
If at any time the Secretary of State gives a direction under subsection
(6B), the Secretary of State must at that time send a copy of the direction
25
to the Mayor of London.
(6E)
The local planning authority must comply with any direction given by
the Secretary of State under subsection (6B).”.
(9)
In subsection (8)—
(a)
in paragraph (b) (duty of authority to revise scheme when directed by
30
Secretary of State) after “the Secretary of State” insert “or the Mayor of
London”;
(b)
at the end of the subsection insert—

“In the case of a direction given by the Mayor of London,
paragraph (b) is subject to subsections to (8B) to (8F).”.
35
(10)
After subsection (8) insert—
“(8A)
The Mayor of London—
(a)
may give a direction under subsection (8) only if the local
planning authority are a London borough, and
(b)
in considering whether to give such a direction, must have
40
regard to any guidance issued by the Secretary of State.
(8B)
If at any time the Mayor of London gives a direction under subsection
(8)(b)—
(a)
he must at that time send a copy of the direction to the Secretary
of State, and
45

Greater London Authority Bill
Part 7 — Planning
34

(b)
the scheme is not to be revised until such time as may be
prescribed.
(8C)
The Secretary of State may, within such time as may be prescribed,
direct the local planning authority to disregard a direction given under
subsection (8)(b) by the Mayor of London.
5
(8D)
Such a direction must contain the Secretary of State’s reasons for giving
it.
(8E)
If at any time the Secretary of State gives a direction under subsection
(8C), the Secretary of State must at that time send a copy of the direction
to the Mayor of London.
10
(8F)
The local planning authority must comply with any direction given by
the Secretary of State under subsection (8C).”.
(11)
After subsection (9) insert—
“(10)
Section 38(1) of the Greater London Authority Act 1999 (delegation of
functions by the Mayor) does not apply to the Mayor of London’s
15
functions under this section of giving a direction.”.
Development control
31
Mayor to determine certain applications for planning permission
(1)
In section 1 of TCPA 1990 (local planning authorities: general) in subsection (2)
(which provides that the council of a London borough is the local planning
20
authority for the borough) at the end insert—

“But, in the case of a London borough, see also sections 2A to 2D
(Mayor of London).”.
(2)
After section 2 of TCPA 1990 (joint planning boards) insert—
“2A
The Mayor of London: applications of potential strategic importance
25
(1)
Where an application to which this section applies is made to a local
planning authority—
(a)
for planning permission (see section 70), or
(b)
for planning permission without complying with conditions
subject to which a previous planning permission was granted
30
(see section 73),

the Mayor of London may direct that he is to be the local planning
authority for the purposes of determining the application.
(2)
The circumstances in which, and the conditions subject to which, the
Mayor may give a direction under subsection (1) may be prescribed by,
35
or by directions given under, an order under this section.
(3)
This section applies to an application if—
(a)
the land to which the application relates is in Greater London
(but is not in an area of Greater London prescribed by an order
under this section), and
40
(b)
the application is an application of potential strategic
importance.