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| | Page 107, line 34 [Clause 175], leave out from ‘London,’ to end of line 35. |
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| | Page 108, line 10 [Clause 176], leave out from ‘it,’ to end of line 13 and insert— |
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| | | ‘(c) | the amount of CIL is determined contingent on a projected time period |
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| | | during which development will take place, with particular reference to |
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| | | when development is expected to complete (“the completion date”), and |
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| | | (d) | charging authorities may reassess the amount of CIL payable if |
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| | | development is not complete more than 12 months after the completion |
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| | Page 108, line 13 [Clause 176], at end insert ‘, and |
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| | | (d) | CIL is not payable by incorporated companies whose primary purpose is |
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| | | the provision and operation of infrastructure and whose profits are |
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| | | applied solely for that purpose.’. |
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| | Page 108 [Clause 176], leave lines 35 to 37. |
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| | Page 108, line 42 [Clause 177], leave out ‘determining the amount of CIL’ and |
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| | insert ‘those authorities empowered to charge CIL to determine the amount of CIL by |
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| | reference to rates or criteria in a development plan document’. |
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| | Page 108, line 43 [Clause 177], leave out subsection (2). |
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| | Page 109, line 13 [Clause 177], leave out paragraph (b) and insert— |
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| | | ‘(b) | to have regard to not prejudicing the supply of land planned in the |
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| | Page 109, line 21 [Clause 177], at end insert— |
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| | | ‘(da) | to have regard, to the extent and in the manner specified by the |
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| | | regulations, to other actual or expected sources of funding for |
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| | Page 109, line 45 [Clause 177], after ‘for’, insert ‘differential rates, which may |
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| | include provision for supplementary charges, increased rates or’. |
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| | Page 110, line 2 [Clause 178], leave out ‘collects’ and insert ‘charges’. |
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| | Page 110, line 32 [Clause 178], at end insert— |
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| | | ‘(d) | require authorities to use best endeavours to deliver the infrastructure |
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| | | (e) | require all other providers of infrastructure involved in the delivery of |
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| | | infrastructure funded by CIL to use best endeavours to assist in delivering |
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| | Page 111, line 1 [Clause 178], leave out ‘the’ and insert ‘actual or expected’. |
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| | Page 111, line 25 [Clause 179], at end insert— |
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| | | ‘(7) | Regulations under this section may make provision about the source of payments |
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| | | in respect of Crown interests.’. |
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| | Page 111, line 29 [Clause 180], leave out ‘and the regulations may,’ and insert— |
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| | | ‘(2A) | The regulations may,’. |
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| | Page 111, line 36 [Clause 180], at end insert— |
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| | | ‘(ea) | conferring a power of entry onto land; |
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| | | (eb) | requiring the provision of information;’. |
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| | Page 111, line 39 [Clause 180], after ‘information’, insert ‘or failure to provide |
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| | Page 111, line 40 [Clause 180], at end insert— |
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| | | ‘(fa) | conferring power to prosecute an offence;’. |
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| | Page 111, line 42 [Clause 180], at end insert— |
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| | | ‘(h) | conferring jurisdiction on a court to grant injunctive or other relief to |
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| | | enforce a provision of the regulations (including a provision included in |
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| | | reliance on this section).’. |
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| | Page 112, line 3 [Clause 180], at end insert— |
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| | | ‘(4) | Regulations under this section creating a criminal offence may not provide for— |
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| | | (a) | a maximum fine exceeding £20,000 on summary conviction, |
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| | | (b) | a maximum term of imprisonment exceeding 6 months on summary |
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| | | (c) | a maximum term of imprisonment exceeding 2 years on conviction on |
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| | | (5) | The Secretary of State may by order amend subsection (4) to reflect |
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| | | commencement of section 283 of the Criminal Justice Act 2003.’. |
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| | Page 112, line 3 [Clause 180], at end insert— |
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| | | ‘(4) | In this Part a reference to administrative expenses in connection with CIL |
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| | | includes a reference to enforcement expenses.’. |
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| | Page 112, line 34 [Clause 182], leave out from ‘include’ to ‘amending’ in line 35 |
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| | and insert ‘provision of a kind permitted by section 190(3)(b) (and incidental, |
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| | supplemental or consequential provision may include provision disapplying, modifying |
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| | Page 113, line 4 [Clause 183], after ‘charging’, insert ‘or other’. |
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| | Page 113, line 5 [Clause 183], leave out ‘charging’. |
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| | Page 113, line 11 [Clause 183], after ‘effectiveness’, insert ‘, or increasing the |
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| | new clauses and amendments to clauses relating to functions of the |
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| | infrastructure planning commission or the secretary of state in |
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| | relation to applications for orders granting development consent |
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| | | Intervention: defence and national security |
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| | To move the following Clause:— |
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| | | ‘Section 103 applies by virtue of this section if— |
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| | | (a) | an application is made for an order granting development consent, |
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| | | (b) | the Commission has accepted the application and has received a |
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| | | certificate under section 55(2) in relation to the application, and |
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| | | (c) | the Secretary of State is satisfied that intervention by the Secretary of |
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| | | State would be in the interests of defence or national security.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | This section applies if the Secretary of State gives a direction under section |
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| | | 103(1) in relation to an application. |
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| | | (2) | The Secretary of State has the functions of— |
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| | | (a) | examining the application, and |
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| | | (b) | deciding the application. |
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| | | (3) | The Secretary of State may discharge the function of examining the application |
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| | | (a) | directing the Commission to examine such matters as may be specified |
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| | | by the Secretary of State; |
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| | | (b) | conducting an examination of any matters in relation to which a direction |
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| | | under paragraph (a) is not given. |
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| | | (4) | Schedule [Examination of applications by Secretary of State] makes provision in |
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| | | relation to the Secretary of State’s function of examining an application under this |
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| | | (5) | An examination under subsection (3)(a) is to be conducted in accordance with |
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| | | paragraph 1 of Schedule [Examination of applications by Secretary of State]. |
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| | | (6) | An examination under subsection (3)(b) is to be conducted in accordance with |
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| | | paragraph 2 of Schedule [Examination of applications by Secretary of State]. |
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| | | (7) | Rules under paragraph 3 of Schedule [Examination of applications by Secretary |
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| | | of State] must provide for a deadline for the completion by the Secretary of State |
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| | | (a) | the examination of the application under subsection (2)(a); |
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| | | (b) | the examination of any matters under subsection (3)(b). |
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| | | (8) | The Secretary of State’s examination of the application is a statutory inquiry for |
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| | | the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 |
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| | | (functions etc. of Administrative Justice and Tribunals Council). |
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| | | (9) | Subsection (5) of section 250 of the Local Government Act 1972 (provisions |
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| | | about costs applying where Minister causes a local inquiry to be held) applies in |
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| | | relation to the Secretary of State’s examination of the application as it applies in |
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| | | relation to an inquiry under that section, but with references to the Minister |
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| | | causing the inquiry to be held being read as references to the Secretary of State. |
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| | | | This is subject to subsection (10). |
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| | | (10) | Subsections (6) to (8) of section 210 of the Local Government (Scotland) Act |
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| | | 1973 (provisions about expenses applying where Minister causes a local inquiry |
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| | | to be held) apply in relation to the Secretary of State’s examination of the |
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| | | application in so far as relating to a hearing held in Scotland as they apply in |
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| | | relation to an inquiry under that section, but with references to the Minister |
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| | | causing the inquiry to be held being read as references to the Secretary of State. |
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| | | (11) | In subsection (10) “hearing” means— |
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| | | (a) | any meeting or hearing that the Secretary of State causes to be held for |
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| | | the purposes of the Secretary of State’s examination of the application, or |
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| | | Development for which development consent may be granted |
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| | To move the following Clause:— |
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| | | ‘(1) | Development consent may be granted for development which is— |
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| | | (a) | development for which development consent is required, or |
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| | | (b) | associated development. |
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| | | (2) | “Associated development” means development which— |
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| | | (a) | is associated with the development within subsection (1)(a) (or any part |
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| | | (b) | is not the construction or extension of one or more dwellings, and |
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| | | (c) | is within subsection (3) or (3). |
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| | | (3) | Development is within this subsection if it is to be carried out wholly in one or |
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| | | more of the following areas— |
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| | | (b) | waters adjacent to England up to the seaward limits of the territorial sea; |
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| | | (c) | in the case of development in the field of energy, a Renewable Energy |
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| | | Zone, except any part of a Renewable Energy Zone in relation to which |
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| | | the Scottish Ministers have functions. |
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| | | (4) | Development is within this subsection if— |
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| | | (a) | it is to be carried out wholly in Wales, |
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| | | (b) | it is the carrying out or construction of surface works, boreholes or pipes, |
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| | | (c) | the development within subsection (1)(a)with which it is associated is |
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| | | development within section 16(3). |
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| | | (5) | To the extent that development consent is granted for associated development, |
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| | | section 31 applies to the development as it applies to development for which |
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| | | development consent is required. |
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| | | (6) | In deciding whether development is associated development, a Panel or the |
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| | | Council must have regard to any guidance issued by the Secretary of State.’. |
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| | | Independent third party oversight of consultation |
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| | To move the following Clause:— |
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| | | ‘(1) | The provisions of this section apply to Chapter 2 of Part 5 of this Act. |
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| | | (2) | The Commission shall appoint for each applicant an independent third party (“the |
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| | | third party”) to oversee the pre-application procedure. |
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| | | (3) | The third party shall advise the applicant as to the appropriate form of |
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| | | consultation to be set out in the applicant’s statement under section 45(1) of this |
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| | | (4) | The applicant shall have regard to advice given by the third party under |
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| | | (5) | The third party may undertake to carry out any such consultation under section |
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| | | 45(7) of this Act, on behalf of the applicant, as the third party considers |
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| | | (6) | The Secretary of State shall agree arrangements to meet the cost of consultation |
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| | | undertaken by the third party under subsection (5). |
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| | | (7) | The Commission may make arrangements on behalf of the Secretary of State |
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| | | (8) | Costs agreed under subsection (6) may be met by— |
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| | | (c) | the Secretary of State. |
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| | | (9) | Subsection (7) shall not apply where costs are to be met by the Secretary of State |
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| | | under subsection (8)(c), except where the Secretary of State has indicated |
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| | | Legal challenges relating to nuisance etc. |
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| | To move the following Clause:— |
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| | | ‘No proceedings, whether criminal or civil, in nuisance and no civil proceedings |
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| | | in respect of the escape of things from land, other than proceedings for breach of |
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| | | statutory duty, may be brought in relation to development, works or operations |
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| | | authorised by an order granting development consent.’. |
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| | Page 1, line 5 [Clause 1], at end insert ‘for the purpose of advising the Secretary of |
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| | State on applications for orders granting development consent’. |
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| | Page 1, line 7 [Clause 1], at end insert— |
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| | | ‘(2A) | Decisions taken by the Commission as part of any function conferred on it shall |
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| | | be subject to confirmation by the Secretary of State.’. |
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| Page 1, line 7 [Clause 1], at end insert— |
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| | | ‘(2A) | Decisions taken by the Commission as part of any function conferred on it shall |
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| | | be subject to confirmation by the Secretary of State. |
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| | | (2B) | The Secretary of State must decide whether or not to confirm any such decision |
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| | | by the end of the period of six months beginning with the day after the day on |
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| | | which the Secretary of State received the decision.’. |
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