House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Notices of Amendments: 24th January 2008
414

Planning Bill, continued

(c)
After subsection (7), there is inserted—

“(8)
The Secretary of State shall have a discretion to dismiss an

appeal or referral where, having considered the grounds of

appeal or referral, the Secretary of State is of the opinion that the

appeal or referral—

(a)
is vexatious, frivolous or without substance or

foundation, or

(b)
is made with the sole intention of delaying the

development or the intention of securing the payment of

money, gifts, consideration or other inducement by any

person.”’.

John Healey

536

Clause  163,  page  92,  line  36,  after ‘owners’, insert ‘or developers’.

Member’s explanatory statement

This amendment brings developers, as well as owners, within the class of persons potentially liable

to CIL.

John Healey

537

Clause  164,  page  93,  line  14,  at end insert—

‘(aa)
a county council, a county borough council, a district council, a London

borough council, a metropolitan district council, the Common Council of

the City of London or the Council of the Isles of Scilly,’.

Member’s explanatory statement

The effect of this amendment is to enable CIL regulations to empower local authorities (as defined

in the amendment) which are not local planning authorities to charge CIL.

John Healey

538

Clause  165,  page  93,  line  29,  after ‘owner’ insert ‘or developer’.

Member’s explanatory statement

This amendment follows amendment 536.

John Healey

539

Clause  165,  page  93,  line  35,  at end insert ‘and’.

Member’s explanatory statement

This amendment paves the way for amendment 542.

John Healey

540

Clause  165,  page  93,  line  38,  leave out ‘called))’ and insert ‘called, and whether

general or specific))’.

Member’s explanatory statement

This amendment permits the definition of planning permission in regulations to cover general per

missions or consents for development such as those granted under local development orders made

under section 61A of the Town and Country Planning Act 1990.

Notices of Amendments: 24th January 2008
415

Planning Bill, continued

John Healey

541

Clause  165,  page  93,  line  38,  leave out ‘and’.

Member’s explanatory statement

This amendment paves the way for amendment 542.

John Healey

542

Clause  165,  page  94,  line  1,  leave out paragraph (c).

Member’s explanatory statement

This amendment removes paragraph (c) of clause 165(3) with some of its content being moved to

the new subsection (3A) that amendment 544 provides for.

John Healey

543

Clause  165,  page  94,  line  2,  at end insert—


‘, and

(d)
the time when planning permission first permits development (and the

regulations may, in particular, include provision about outline planning

permission and provision treating permission as having been given at a

particular time in the case of general consents).’.

Member’s explanatory statement

The effect of this amendment is to require CIL regulations to define what constitutes the time at

which planning permission first permits development for the purposes of CIL liability: in particu

lar, it allows for provision about outline planning permissions (which are approved in stages) and

general consents.

John Healey

544

Clause  165,  page  94,  line  2,  at end insert—

‘(3A)
The regulations must include provision for determining which owner or

developer is liable in respect of development; and the regulations may, in

particular—

(a)
define “owner”;

(b)
define “developer”;

(c)
provide for joint liability (including joint and several liability);

(d)
permit one or more persons to assume sole or joint and several liability;

(e)
permit one or more persons to assume joint and several liability with a

person who is liable in accordance with the regulations;

(f)
provide for liability in default of assumed liability;

(g)
provide for transfer of liability (assumed or otherwise);

(h)
make provision about notices.’.

Member’s explanatory statement

This amendment requires CIL regulations to make provision for identifying which owner or devel

oper will be liable to pay CIL: in particular, it enables definitions of ‘owner’ and ‘developer’, the

imposition of joint and several liability and the transfer or assumption of liability.

John Healey

545

Clause  166,  page  94,  line  16,  at end insert ‘(which may include provision for

consultation, for the appointment of an independent person or a combination).’.

Member’s explanatory statement

The effect of this amendment is to ensure that CIL regulations may include provision for consulta

Notices of Amendments: 24th January 2008
416

Planning Bill, continued

tion, and for examination by an independent person, in connection with setting or revising CIL

rates or criteria.

John Healey

546

Clause  166,  page  94,  line  16,  at end insert—

‘(2A)
The regulations may permit or require charging authorities, in setting or revising

rates or other criteria—

(a)
to have regard, to the extent and in the manner specified by the

regulations, to actual or expected costs of infrastructure (whether by

reference to lists prepared by virtue of section 167(3)(a) or otherwise);

(b)
to have regard, to the extent and in the manner specified by the

regulations, to actual or expected increase in value arising from planning

permission (calculated in accordance with the regulations);

(c)
to have regard, to the extent and in the manner specified by the

regulations, to actual or expected administrative expenses in connection

with CIL;

(d)
to have regard, to the extent and in the manner specified by the

regulations, to values used or documents produced for other statutory

purposes;

(e)
to integrate the process, to the extent and in the manner specified by the

regulations, with processes undertaken for other statutory purposes;

(f)
to present the rates or other criteria in the form of a document (a

“charging schedule”);

(g)
to produce charging schedules having effect in relation to specified

periods (subject to revision).’.

Member’s explanatory statement

The effect of this amendment is to provide regulation-making power to permit or require charging

authorities to have regard to (amongst other things) the costs of developing infrastructure, in

creases in land value, and, administrative costs in setting CIL rates and criteria and to require

these rates to be presented in a charging schedule.

John Healey

547

Clause  166,  page  94,  line  17,  leave out ‘authorities’ and insert ‘schedules’.

Member’s explanatory statement

This effect of this amendment is to provide a power for CIL regulations to permit or require charg

ing schedules (see amendment 546) to adopt specified methods or criteria for calculating the rate

of CIL.

John Healey

548

Clause  166,  page  94,  line  20,  leave out ‘calculation’ and insert ‘charging schedules

to operate’.

Member’s explanatory statement

This amendment follows amendment 547.

John Healey

549

Clause  166,  page  94,  line  21,  at end insert—

‘(aa)
permit or require charging schedules to operate by reference to any

measurement of the amount or nature of development (whether by

reference to measurements of floor space, to numbers or intended uses of

Notices of Amendments: 24th January 2008
417

Planning Bill, continued

buildings, to numbers or intended uses of units within buildings, to

allocation of space within buildings or units, to values or expected values

or in any other way);

(ab)
permit or require charging schedules to operate by reference to the nature

or existing use of the place where development is undertaken;’.

Member’s explanatory statement

This amendment sets out examples of the ways in which the charging schedule (provided for in

amendment 546) might operate.

John Healey

550

Clause  166,  page  94,  line  22,  leave out paragraph (b).

Member’s explanatory statement

This amendment follows amendment 546.

John Healey

551

Clause  166,  page  94,  line  25,  leave out ‘refer to, or permit,’ and insert ‘permit or

require charging schedules to operate by’.

Member’s explanatory statement

This amendment follows amendment 546.

John Healey

552

Clause  166,  page  94,  line  27,  leave out ‘refer to, or permit,’ and insert ‘permit or

require charging schedules to operate by’.

Member’s explanatory statement

This amendment is consequent to amendment 546.

John Healey

553

Clause  166,  page  94,  line  27,  after ‘used’, insert ‘or documents produced’.

Member’s explanatory statement

This amendment clarifies that regulations may provide for the CIL charging schedule to operate

with reference to documents produced for other statutory purposes.

John Healey

554

Clause  166,  page  94,  line  29,  after ‘permit’, insert ‘or require’.

Member’s explanatory statement

The effect of this amendment is to provide an additional power for CIL regulations to require a

charging schedule to contain provision for reductions in CIL .

John Healey

555

Clause  166,  page  94,  line  31,  at end insert—

‘(6)
In this section a reference to publication includes a reference to making available

for inspection.’.

Member’s explanatory statement

This amendment clarifies that the powers in clause 166(2)(a) to require charging authorities to

publish the rates or criteria by reference which they charge CIL includes power to require charg

ing authorities to make them available for public inspection.

Notices of Amendments: 24th January 2008
418

Planning Bill, continued

John Healey

556

Clause  167,  page  94,  line  34,  at end insert—

‘(1A)
In subsection (1) “infrastructure” includes—

(a)
roads and other transport facilities,

(b)
flood defences,

(c)
schools and other educational facilities,

(d)
medical facilities,

(e)
sporting and recreational facilities,

(f)
open spaces, and

(g)
affordable housing (being social housing within the meaning of Part 2 of

the Housing and Regeneration Act 2008 and such other housing as CIL

regulations may specify).

(1B)
The regulations may amend subsection (1A) so as to—

(a)
add, remove or vary an entry in the list of matters included within the

meaning of “infrastructure”;

(b)
list matters excluded from the meaning of “infrastructure”.’.

Member’s explanatory statement

This amendment provides certainty about what types of infrastructure CIL can be spent on by list

ing certain items in a definition of “infrastructure”. It also enables regulations to be made to alter

the definition.

John Healey

557

Clause  167,  page  94,  leave out line 37 and insert ‘funded by CIL,’.

Member’s explanatory statement

This amendment alters the meaning of clause 167(2) so that the power there becomes a power to

specify what works, installations and other facilities may or may not be funded by CIL.

John Healey

558

Clause  167,  page  95,  line  3,  at end insert—

‘(c)
include provision about the circumstances in which a charging authority

may and may not apply CIL to projects not included on the list.’.

Member’s explanatory statement

The effect of this amendment is to allow for CIL regulations to control the circumstances in which

CIL may be used to fund infrastructure not included in a list of infrastructure which may required

to be produced by them under clause 167(3)(a).

John Healey

559

Clause  167,  page  95,  line  27,  at end insert—

‘(6)
In this section a reference to publication includes a reference to making available

for inspection.’.

Member’s explanatory statement

This amendment clarifies that the power in clause 166(3)(a) to make regulations requiring charg

ing authorities to publish a list of CIL- funded projects includes the power to require that this doc

ument is made available for public inspection.

Notices of Amendments: 24th January 2008
419

Planning Bill, continued

John Healey

560

Clause  168,  page  95,  line  38,  leave out ‘one’ and insert ‘a charging authority or

other public’.

Member’s explanatory statement

This amendment is to clarify that a number of charging or other authorities (as opposed to just

one) may collect CIL on behalf of a charging authority.

John Healey

561

Clause  168,  page  95,  line  39,  at end insert ‘authority.’.

Member’s explanatory statement

This amendment follows amendment 560.

John Healey

562

Clause  169,  page  96,  line  4,  at end insert ‘or surcharge;’.

Member’s explanatory statement

This amendment clarifies that regulations on the enforcement of CIL may provide for the imposi

tion of a surcharge.

John Healey

563

Clause  169,  page  96,  line  8,  after ‘pending’, insert ‘assumption of liability for CIL

or pending’.

Member’s explanatory statement

The effect of this amendment is to extend the power in clause 169(1)(2)(e) so that authorities can

be empowered to prohibit a development not only when some is liable to pay CIL but when some

one is yet to assume that liability.

John Healey

564

Clause  169,  page  96,  line  10,  at end insert ‘(including, in particular, offences

relating to evasion or attempted evasion or to the provision of false or misleading

information, and offences relating to the prevention or investigation of other offences

created by the regulations).’.

Member’s explanatory statement

This amendment gives examples of the types of criminal offence that may be provided for in CIL

regulations.

John Healey

565

Clause  169,  page  96,  line  10,  at end insert—

‘(g)
for enforcement of sums owed (whether by action on a debt, by distraint

against goods or in any other way).’.

Member’s explanatory statement

This amendment allows for regulations to make provision for enforcing payment of CIL through

civil proceedings such as a debt action or by distraint against goods

John Healey

566

Clause  170,  page  96,  line  32,  after ‘authority’, insert ‘or other public authority’.

Member’s explanatory statement

The effect of this amendment is to allow the Secretary of State to issue guidance to other public

Notices of Amendments: 24th January 2008
420

Planning Bill, continued

authorities on CIL connected matters (and not just charging authorities) and to require them to

have regard to it.

John Healey

567

Clause  170,  page  96,  line  33,  leave out ‘a charging’ and insert ‘the’.

Member’s explanatory statement

This amendment follows amendment 566.

John Healey

568

Clause  172,  page  97,  line  11,  at end insert—

‘(1A)
CIL regulations may include provision about the exercise of any other power

relating to planning or development.’.

Member’s explanatory statement

The effect of this amendment is to allow for CIL regulations to provide for how any power relating

to planning or development may or may not be used (subject to the restrictions provided for in

amendment 570).

John Healey

569

Clause  172,  page  97,  line  12,  leave out from ‘how’ to ‘and’ in line 14 and insert ‘a

power relating to planning or development is to be exercised;’.

Member’s explanatory statement

The effect of this amendment is to allow regulations to permit the Secretary of State to issue guid

ance to charging authorities on the use of a power relating to planning or development (subject to

the restrictions provided for in amendment 570).

John Healey

570

Clause  172,  page  97,  line  14,  at end insert—

‘(3)
Provision may be made under subsection (1) or (1A), and guidance may be given

under subsection (2), only if the Secretary of State thinks it necessary or

expedient for—

(a)
complementing the main purpose of CIL regulations,

(b)
enhancing the effectiveness of CIL regulations,

(c)
preventing agreements, undertakings or other transactions from being

used to undermine or circumvent CIL regulations,

(d)
preventing agreements, undertakings or other transactions from being

used to achieve a purpose that the Secretary of State thinks would better

be achieved through the application of CIL regulations, or

(e)
preventing or restricting the imposition of burdens, the making of

agreements or the giving of undertakings, in addition to CIL.

(4)
CIL regulations may provide that a power to give guidance or directions may not

be exercised—

(a)
in relation to matters specified in the regulations,

(b)
in cases or circumstances specified in the regulations,

(c)
for a purpose specified in the regulations, or

(d)
to an extent specified in the regulations.’.