House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

95

House of Commons

Thursday 31st January 2008

Public Bill Committee Proceedings

Planning Bill

[fifteenth and sixteenth Sittings]

Mr Clive Betts

Not selected  618

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

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

John Healey

Agreed to  536

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

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Withdrawn  591

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

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not selected  238

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

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 31st January 2008
96

Planning Bill, continued

Mr Clive Betts

Withdrawn  437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

Agreed to  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,’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Negatived on division  592

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

Mrs Jacqui Lait

Robert Neill

Not called  37

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

Mr Clive Betts

Not called  438

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

Clause, as amended, Agreed to.

Dan Rogerson

Tom Brake

Withdrawn  573

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

John Healey

Agreed to  538

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

Dan Rogerson

Tom Brake

Not called  574

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

Public Bill Committee Proceedings: 31st January 2008
97

Planning Bill, continued

Mr Clive Betts

Withdrawn  444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

Not called  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

Withdrawn  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

Agreed to  539

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

John Healey

Agreed to  540

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

general or specific))’.

John Healey

Agreed to  541

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

John Healey

Agreed to  542

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

John Healey

Agreed to  543

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


‘, and

Public Bill Committee Proceedings: 31st January 2008
98

Planning Bill, continued

(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).’.

John Healey

Agreed to  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.’.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  594

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

Clause, as amended, Agreed to.

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Withdrawn  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

Agreed to  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).’.

Public Bill Committee Proceedings: 31st January 2008
99

Planning Bill, continued

John Healey

Agreed to  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).’.

John Healey

Agreed to  547

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

John Healey

Agreed to  548

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

to operate’.

Mr Clive Betts

Not called  588

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

John Healey

Agreed to  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;’.

Public Bill Committee Proceedings: 31st January 2008
100

Planning Bill, continued

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not selected  598

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

John Healey

Mrs Jacqui Lait

Robert Neill

Mr Clive Betts

Agreed to  38

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

John Healey

Agreed to  551

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

require charging schedules to operate by’.

John Healey

Agreed to  552

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

require charging schedules to operate by’.

John Healey

Agreed to  553

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

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  599

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

John Healey

Agreed to  554

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

Mrs Jacqui Lait

Robert Neill

Mr David Jones

Mr Richard Benyon

Mr David Curry

James Duddridge

Not called  600

Clause  166,  page  94,  line  30,  leave out subsection (5).

Public Bill Committee Proceedings: 31st January 2008
101

Planning Bill, continued

Mr Clive Betts

Not selected  616

Clause  166,  page  94,  line  30,  leave out from ‘q uestions’ to end of line 31 and add

‘relating to CIL.’.

John Healey

Agreed to  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.’.

Clause, as amended, Agreed to.

John Healey

Agreed to  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”.’.

Mr Clive Betts

Not called  443

Clause  167,  page  94,  line  35,  after ‘specify’, insert ‘that charging authorities are to

determine’.

John Healey

Agreed to  557

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