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Localism Bill


Localism Bill
Part 5 — Planning
Chapter 7 — Other planning matters

104

 

Chapter 7

Other planning matters

119     

Powers of the National Assembly for Wales

(1)   

In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly

Measures: matters), Field 18 (Town and Country Planning) is amended as

5

follows.

(2)   

After Matter 18.3 insert—

   

“Matter 18.4

   

Applications for planning permission.

   

This does not include—

10

(a)   

the cases in which planning permission is required,

(b)   

obligations, entered into in connection with

applications, that—

(i)   

restrict, or require, the doing of anything in,

on, under or over any land, or

15

(ii)   

require payments to be made,

(c)   

applications for urgent development made—

(i)   

by or on behalf of the Crown, or

(ii)   

in respect of land in which there is any Crown

interest, or

20

(d)   

appeals (and further appeals) and other challenges in

respect of—

(i)   

decisions made on applications, or

(ii)   

failures to make decisions.

   

Matter 18.5

25

   

The exercise or discharge, otherwise than by the authority

whose functions they are, of functions of an authority in its

capacity as a local planning authority.

   

Matter 18.6

   

Planning permission ceasing to have effect where the

30

development to which it relates has been begun but not

completed.

   

Matter 18.7

   

Enforcement—

(a)   

where things are done without any planning

35

permission that is required,

(b)   

where there is a failure to comply with any condition

or limitation subject to which planning permission

has been granted,

(c)   

of prohibitions or requirements imposed for the

40

preservation, in the interests of amenity, of particular

trees or woodlands, and

(d)   

of provisions restricting or regulating, in the interests

of amenity or public safety, the display of

advertisements.

45

   

Not included in matters 18.4, 18.5, 18.6 and 18.7

   

Matters 18.4, 18.5, 18.6 and 18.7 do not include—

 
 

Localism Bill
Part 6 — Housing
Chapter 1 — Allocation and homelessness

105

 

(a)   

criminal liability for acts or omissions done or

suffered by or on behalf of the Crown, or

(b)   

any requirement for consent in relation to any step

taken for the purposes of enforcement in relation to

land in which there is any Crown interest.”

5

(3)   

In the Interpretation of the field, before the definition of “local planning

authority” insert—

““Crown interest” includes an interest—

(a)   

belonging to Her Majesty in right of the Crown, in right

of the Duchy of Lancaster or in right of Her private

10

estates,

(b)   

vested in a government department or held in trust for

Her Majesty for the purposes of a government

department, or

(c)   

belonging to the Duchy of Cornwall;”.

15

120     

Application of this Part to the Crown

An amendment made by this Part in—

(a)   

the Town and Country Planning Act 1990,

(b)   

the Planning (Listed Buildings and Conservation Areas) Act 1990,

(c)   

the Planning and Compulsory Purchase Act 2004, or

20

(d)   

the Planning Act 2008,

binds the Crown.

Part 6

Housing

Chapter 1

25

Allocation and homelessness

Allocation

121     

Allocation of housing accommodation

(1)   

Section 159 of the Housing Act 1996 (allocation of housing accommodation) is

amended as follows.

30

(2)   

After subsection (4) insert—

“(4A)   

Subject to subsection (4B), the provisions of this Part do not apply to an

allocation of housing accommodation by a local housing authority in

England to a person who is already—

(a)   

a secure or introductory tenant, or

35

(b)   

an assured tenant of housing accommodation held by a private

registered provider of social housing or a registered social

landlord.

(4B)   

The provisions of this Part apply to an allocation of housing

accommodation by a local housing authority in England to a person

40

who falls within subsection (4A)(a) or (b) if—

 
 

Localism Bill
Part 6 — Housing
Chapter 1 — Allocation and homelessness

106

 

(a)   

the allocation involves a transfer of housing accommodation for

that person,

(b)   

the application for the transfer is made by that person, and

(c)   

the authority is satisfied that the person is to be given

reasonable preference under section 166A(3).”

5

(3)   

In subsection (5) after “accommodation” (in the first place it occurs) insert “by

a local housing authority in Wales”.

122     

Allocation only to eligible and qualifying persons: England

(1)   

In the Housing Act 1996 before section 160A insert—

“160ZA  

 Allocation only to eligible and qualifying persons: England

10

(1)   

A local housing authority in England shall not allocate housing

accommodation—

(a)   

to a person from abroad who is ineligible for an allocation of

housing accommodation by virtue of subsection (2) or (4), or

(b)   

to two or more persons jointly if any of them is a person

15

mentioned in paragraph (a).

(2)   

A person subject to immigration control within the meaning of the

Asylum and Immigration Act 1996 is ineligible for an allocation of

housing accommodation by a local housing authority in England

unless he is of a class prescribed by regulations made by the Secretary

20

of State.

(3)   

No person who is excluded from entitlement to housing benefit by

section 115 of the Immigration and Asylum Act 1999 (exclusion from

benefits) shall be included in any class prescribed under subsection (2).

(4)   

The Secretary of State may by regulations prescribe other classes of

25

persons from abroad who are ineligible to be allocated housing

accommodation by local housing authorities in England.

(5)   

Nothing in subsection (2) or (4) affects the eligibility of a person who

falls within section 159(4B).

(6)   

Except as provided by subsection (1), a person may be allocated

30

housing accommodation by a local housing authority in England

(whether on his application or otherwise) if that person—

(a)   

is a qualifying person within the meaning of subsection (7), or

(b)   

is one of two or more persons who apply for accommodation

jointly, and one or more of the other persons is a qualifying

35

person within the meaning of subsection (7).

(7)   

Subject to subsections (2) and (4) and any regulations under subsection

(8), a local housing authority may decide what classes of persons are, or

are not, qualifying persons.

(8)   

The Secretary of State may by regulations—

40

(a)   

prescribe classes of persons who are, or are not, to be treated as

qualifying persons by local housing authorities in England, and

(b)   

prescribe criteria that may not be used by local housing

authorities in England in deciding what classes of persons are

not qualifying persons.

45

 
 

Localism Bill
Part 6 — Housing
Chapter 1 — Allocation and homelessness

107

 

(9)   

If a local housing authority in England decide that an applicant for

housing accommodation—

(a)   

is ineligible for an allocation by them by virtue of subsection (2)

or (4), or

(b)   

is not a qualifying person,

5

   

they shall notify the applicant of their decision and the grounds for it.

(10)   

That notice shall be given in writing and, if not received by the

applicant, shall be treated as having been given if it is made available at

the authority’s office for a reasonable period for collection by him or on

his behalf.

10

(11)   

A person who is not being treated as a qualifying person may (if he

considers that he should be treated as a qualifying person) make a fresh

application to the authority for an allocation of housing

accommodation by them.”

(2)   

Section 160A (allocation only to eligible persons) is amended as follows—

15

(a)   

in the heading after “persons” insert “: Wales”,

(b)   

in subsection (1) after “authority” insert “in Wales”,

(c)   

in subsection (2) after “authority” insert “in Wales”,

(d)   

in subsection (3) after “authority” insert “in Wales”,

(e)   

in subsection (5)—

20

(i)   

after “authorities” insert “in Wales”,

(ii)   

after “authority” insert “in Wales”,

(f)   

in subsection (6) after “authority” insert “in Wales”,

(g)   

in subsection (7) after “authority” insert “in Wales”,

(h)   

in subsection (9) after “authority” insert “in Wales”,

25

(i)   

in subsection (11) after “authority” insert “in Wales”.

123     

Allocation schemes

(1)   

The Housing Act 1996 is amended as follows.

(2)   

In section 166 (applications for housing accommodation)—

(a)   

after subsection (1) insert—

30

“(1A)   

A local housing authority in England shall secure that an

applicant for an allocation of housing accommodation is

informed that he has the rights mentioned in section 166A(9).”

(b)   

in subsection (2) after “authority” insert “in Wales”.

(3)   

For the heading before section 167 substitute “Allocation schemes”.

35

(4)   

Before section 167 insert—

“166A   

Allocation in accordance with allocation scheme: England

(1)   

Every local housing authority in England must have a scheme (their

“allocation scheme”) for determining priorities, and as to the procedure

to be followed, in allocating housing accommodation.

40

   

For this purpose “procedure” includes all aspects of the allocation

process, including the persons or descriptions of persons by whom

decisions are taken.

 
 

Localism Bill
Part 6 — Housing
Chapter 1 — Allocation and homelessness

108

 

(2)   

The scheme must include a statement of the authority’s policy on

offering people who are to be allocated housing accommodation—

(a)   

a choice of housing accommodation; or

(b)   

the opportunity to express preferences about the housing

accommodation to be allocated to them.

5

(3)   

As regards priorities, the scheme shall, subject to subsection (4), be

framed so as to secure that reasonable preference is given to—

(a)   

people who are homeless (within the meaning of Part 7);

(b)   

people who are owed a duty by any local housing authority

under section 190(2), 193(2) or 195(2) (or under section 65(2) or

10

68(2) of the Housing Act 1985) or who are occupying

accommodation secured by any such authority under section

192(3);

(c)   

people occupying insanitary or overcrowded housing or

otherwise living in unsatisfactory housing conditions;

15

(d)   

people who need to move on medical or welfare grounds

(including any grounds relating to a disability); and

(e)   

people who need to move to a particular locality in the district

of the authority, where failure to meet that need would cause

hardship (to themselves or to others).

20

The scheme may also be framed so as to give additional preference to

particular descriptions of people within this subsection (being

descriptions of persons with urgent housing needs).

(4)   

People are to be disregarded for the purposes of subsection (3) if they

would not have fallen within paragraph (a) or (b) of that subsection

25

without the local housing authority having had regard to a restricted

person (within the meaning of Part 7).

(5)   

The scheme may contain provision for determining priorities in

allocating housing accommodation to people within subsection (3); and

the factors which the scheme may allow to be taken into account

30

include—

(a)   

the financial resources available to a person to meet his housing

costs;

(b)   

any behaviour of a person (or of a member of his household)

which affects his suitability to be a tenant;

35

(c)   

any local connection (within the meaning of section 199) which

exists between a person and the authority’s district.

(6)   

Subject to subsection (3), the scheme may contain provision about the

allocation of particular housing accommodation—

(a)   

to a person who makes a specific application for that

40

accommodation;

(b)   

to persons of a particular description (whether or not they are

within subsection (3)).

(7)   

The Secretary of State may by regulations—

(a)   

specify further descriptions of people to whom preference is to

45

be given as mentioned in subsection (3), or

(b)   

amend or repeal any part of subsection (3).

 
 

Localism Bill
Part 6 — Housing
Chapter 1 — Allocation and homelessness

109

 

(8)   

The Secretary of State may by regulations specify factors which a local

housing authority in England must not take into account in allocating

housing accommodation.

(9)   

The scheme must be framed so as to secure that an applicant for an

allocation of housing accommodation—

5

(a)   

has the right to request such general information as will enable

him to assess—

(i)   

how his application is likely to be treated under the

scheme (including in particular whether he is likely to

be regarded as a member of a group of people who are

10

to be given preference by virtue of subsection (3)); and

(ii)   

whether housing accommodation appropriate to his

needs is likely to be made available to him and, if so,

how long it is likely to be before such accommodation

becomes available for allocation to him;

15

(b)   

has the right to request the authority to inform him of any

decision about the facts of his case which is likely to be, or has

been, taken into account in considering whether to allocate

housing accommodation to him; and

(c)   

has the right to request a review of a decision mentioned in

20

paragraph (b), or in section 160ZA(9), and to be informed of the

decision on the review and the grounds for it.

(10)   

As regards the procedure to be followed, the scheme must be framed in

accordance with such principles as the Secretary of State may prescribe

by regulations.

25

(11)   

Subject to the above provisions, and to any regulations made under

them, the authority may decide on what principles the scheme is to be

framed.

(12)   

A local housing authority in England must, in preparing or modifying

its allocation scheme, have regard to—

30

(a)   

its current homelessness strategy under section 1 of the

Homelessness Act 2002,

(b)   

its current tenancy strategy under section 126 of the Localism

Act 2011, and

(c)   

in the case of an authority that is a London borough council, the

35

London housing strategy.

(13)   

Before adopting an allocation scheme, or making an alteration to their

scheme reflecting a major change of policy, a local housing authority in

England must—

(a)   

send a copy of the draft scheme, or proposed alteration, to every

40

private registered provider of social housing and registered

social landlord with which they have nomination arrangements

(see section 159(4)), and

(b)   

afford those persons a reasonable opportunity to comment on

the proposals.

45

(14)   

A local housing authority in England shall not allocate housing

accommodation except in accordance with their allocation scheme.”

(5)   

Section 167 (allocation in accordance with allocation scheme) is amended as

follows—

 
 

Localism Bill
Part 6 — Housing
Chapter 1 — Allocation and homelessness

110

 

(a)   

in the heading after “scheme” insert “: Wales”,

(b)   

in subsection (1) after “authority” insert “in Wales”,

(c)   

in subsection (4) after “authority” insert “in Wales”,

(d)   

in subsection (7) after “authority” insert “in Wales”,

(e)   

in subsection (8) after “authority” insert “in Wales”.

5

(6)   

In section 172(2) (regulations) before “167(3)” insert “166A(7) or”.

(7)   

In section 174 (index of defined expressions: Part VI) in the entry for “allocation

scheme” before “167” insert “166A and”.

Homelessness

124     

Duties to homeless persons

10

(1)   

Section 193 of the Housing Act 1996 (duty to persons with priority need who

are not homeless intentionally) is amended as follows.

(2)   

Omit subsection (3A).

(3)   

For subsection (5) substitute—

“(5)   

The local housing authority shall cease to be subject to the duty under

15

this section if—

(a)   

the applicant, having been informed by the authority of the

possible consequence of refusal or acceptance and of the right to

request a review of the suitability of the accommodation,

refuses an offer of accommodation which the authority are

20

satisfied is suitable for the applicant,

(b)   

that offer of accommodation is not an offer of accommodation

under Part 6 or a private rented sector offer, and

(c)   

the authority notify the applicant that they regard themselves as

ceasing to be subject to the duty under this section.”

25

(4)   

In subsection (7) after “refusal” insert “or acceptance”.

(5)   

In subsection (7AA)—

(a)   

omit “In a restricted case”,

(b)   

after “informed” insert “in writing”, and

(c)   

in paragraph (a) for “private accommodation offer” substitute “private

30

rented sector offer”.

(6)   

In subsection (7AB)—

(a)   

in paragraph (a) after “refusal” insert “or acceptance”, and

(b)   

at the end of paragraph (b) insert “, and

(c)   

the effect under section 195Aof a further application to

35

the authority within two years of acceptance of the

offer.”

(7)   

In subsection (7AC) for “private accommodation offer” substitute “private

rented sector offer”.

(8)   

Omit subsections (7B) to (7E).

40

(9)   

In subsection (7F)—

(a)   

at the end of paragraph (a) insert “or”,

 
 

 
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