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| | | Member’s explanatory statement
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| | | This amendment restricts the circumstances under which the Secretary of State may exercise the |
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| | | powers in clause 172(1) and (2) and in the new subsection (1A) proposed by amendment 568. It |
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| | | also enables CIL regulations to restrict or control guidance or direction-making powers (outside |
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| | | Part 10) that may be applicable to CIL related functions. |
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| | Clause 146, page 69, line 18, leave out paragraph (a). |
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| | Clause 146, page 69, line 40, leave out paragraph (c). |
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| | Clause 165, page 93, line 28, at end insert ‘and’. |
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| | Clause 165, page 93, line 30, leave out from ‘it’ to end of line 33. |
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| | Clause 167, page 94, line 40, at end insert— |
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| | | ‘(2A) | The regulations must be consistent with the principle that funding from the CIL |
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| | | should be used to fund projects, or aspects of projects, for which funds have not |
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| | | already been allocated by— |
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| | | (a) | a Government department, |
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| | | (b) | the Scottish Ministers, |
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| | | (c) | a Northern Ireland department, |
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| | | (d) | the National Assembly for Wales, |
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| | | (e) | a local authority, or |
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| | | (f) | a regional development agency.’. |
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| | Clause 167, page 95, line 27, at add— |
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| | | ‘(6) | The regulations must require the charging authority to consult— |
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| | | (a) | relevant parish councils, |
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| | | (b) | relevant community councils in Wales, and |
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| | | (c) | relevant community councils in Scotland, |
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| | | | in the areas affected by the development in respect of which CIL is chargeable.’. |
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| | Clause 174, page 97, leave out lines 36 and 37. |
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| | Clause 174, page 98, line 11, leave out paragraph (e). |
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| | Clause 174, page 98, line 33, leave out paragraph (b). |
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| | Clause 176, page 98, line 44, leave out ‘may’ and insert ‘must’. |
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| | Clause 176, page 98, line 44, leave out ‘either’. |
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| | Clause 176, page 99, line 2, at end insert ‘and’. |
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| | Clause 176, page 99, line 5, at end insert ‘and’. |
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| | Clause 176, page 99, line 9, at end insert— |
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| | | ‘(1A) | A notice or other document required or authorised to be served or given under this |
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| | | Act may additionally be served by the following methods—’. |
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| | To move the following Clause:— |
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| | | ‘(1) | The Town and Country Planning (General Development Procedure) Order 1995 |
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| | | (“the 1995 Order”) shall be amended as follows: |
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| | | (2) | In paragraph (z)(ii)(aa) of the table in Article 10(1) (as amended by the Town and |
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| | | Country Planning (General Development Procedure) (Amendment) Order 1996) |
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| | | leave out “5” and insert “20”. |
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| | | (3) | In paragraph (ii)(l) of Article 10(2) of the 1995 Order, leave out “0.4” and insert |
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| | To move the following Clause:— |
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| | | ‘(1) | The local planning authority may, when it deems it appropriate to do so, report on |
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| | | the effectiveness of the Use Class Orders available to it in the Town and Country |
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| | | Planning (Use Classes) Order 1987. |
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| | | (2) | In a report published under subsection (1) (“the Use Class Order report”), the |
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| | | local planning authority may submit to the Secretary of State proposals for new |
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| | | Use Class Orders to be made under sections 55(2)(f) and 333(7) of the Town and |
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| | | Country Planning Act 1990. |
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| | | (3) | The Secretary of State shall consider the Use Class Order report within four |
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| | | weeks of receiving it and may— |
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| | | (a) | order that new Use Classes be made under sections 55(2)(f) and 333(7) |
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| | | of the Town and Country Planning Act 1990 to reflect proposals made in |
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| | | the Use Class Order report, or |
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| | | (b) | reject the proposals made in the Use Class Order report and publish the |
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| | | reasons for that rejection in at least one local newspaper circulating in the |
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| | | (4) | Where the Secretary of State uses her power under subsection (3)(b) the Secretary |
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| | | of State shall have a duty to meet with the local planning authority within four |
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| | | weeks of the Secretary of State’s decision.’. |
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| | Clause 160, page 88, line 17, leave out paragraph (c). |
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| | Clause 160, page 89, line 10, leave out paragraph (c). |
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| | Clause 160, page 89, line 38, leave out paragraph (c). |
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| | Clause 166, page 94, line 20, after ‘descriptions’, insert ‘, locality’. |
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