House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

499

House of Commons

Thursday 31st January 2008

Public Bill Committee

New Amendments handed in are marked thus

Other Amendments not tabled within the required notice period are marked thus

Planning Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [8th January 2008].

Mr Clive Betts

618


Clause  163,  page  92,  line  32,  at end insert—

‘(1A)
All charging authorities empowered to introduce CIL must do so.’.

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.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

591

Clause  163,  page  92,  line  36,  after ‘the’, insert ‘capital’.

Public Bill Committee: 31st January 2008
500

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

238

Page  92,  line  29,  leave out Clauses 163 to 172.

Mr Clive Betts

437

Clause  164,  page  93,  line  12,  leave out ‘which authority’ and insert ‘that the local

planning authority (within the meaning of Part 1 of the Town and Country Planning Act

1990)’.

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.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

592

Clause  164,  page  93,  leave out lines 15 to 18.

Mrs Jacqui Lait

Robert Neill

37

Clause  164,  page  93,  line  17,  leave out from ‘London’ to end of line 18.

Mr Clive Betts

438

Clause  164,  page  93,  line  19,  leave out subsection (3).

Dan Rogerson

Tom Brake

573

Clause  165,  page  93,  line  28,  at end insert ‘and’.

Public Bill Committee: 31st January 2008
501

Planning Bill, continued

John Healey

538

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

Member’s explanatory statement

This amendment follows amendment 536.

Dan Rogerson

Tom Brake

574

Clause  165,  page  93,  line  30,  leave out from ‘it’ to end of line 33.

Mr Clive Betts

444

Clause  165,  page  93,  line  33,  at end insert—

‘(d)
CIL is not payable by incorporated companies whose primary purpose is

the provision and operation of infrastructure and whose profits are

applied solely for that purpose.’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

593

Clause  165,  page  93,  line  33,  at end insert—

‘(d)
CIL shall not be payable in respect of development carried out by

registered charities’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

595

Clause  165,  page  93,  line  33,  at end insert—

‘(d)
CIL is payable only in respect of development which—

(i)
generates a significant extra demand for existing infrastructure,

or

(ii)
requires the provision of significant new infrastructure.’.

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.

Public Bill Committee: 31st January 2008
502

Planning Bill, continued

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

permissions or consents for development such as those granted under local development orders

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

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

particular, 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;

Public Bill Committee: 31st January 2008
503

Planning Bill, continued

(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

developer 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.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

594

Clause  165,  page  94,  line  4,  leave out ‘whether or not’ and insert ‘where’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

597

Clause  166,  page  94,  line  10,  leave out ‘determining the amount of CIL’ and insert

‘local planning authorities to determine the amount of CIL as part of their local

development plan process.’.

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

consultation, 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;

Public Bill Committee: 31st January 2008
504

Planning Bill, continued

(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,

increases 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

charging 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.

Mr Clive Betts

588

Clause  166,  page  94,  line  20,  after ‘descriptions’, insert ‘, locality’.

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

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.

Public Bill Committee: 31st January 2008
505

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

598

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

John Healey

Mrs Jacqui Lait

Robert Neill

Mr Clive Betts

38

Clause  166,  page  94,  leave out lines 22 to 24.

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.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

599

Clause  166,  page  94,  line  27,  leave out paragraph (d).

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 .