Localism Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
326

authority is under a duty to make its report under section 74(2)(b) or
83(1)(b)”.
      (3)
In subsection (4) (Commission chair may extend deadlines under the
section) for “person appointed to chair the Commission” substitute
“Secretary of State”.
5
      (4)
For subsection (6) (extensions of deadlines to be reported to Secretary of
State and in Commission’s annual report) substitute—
“(6)
Subsections (7) and (8) apply where the power under subsection (4)
is exercised.
(7)
The Secretary of State must—
10
(a)
notify each interested party of the new deadline, and
(b)
publicise the new deadline in such manner as the Secretary of
State thinks appropriate.
(8)
The Secretary of State exercising the power must make a statement,
to the House of Parliament of which that Secretary of State is a
15
member, announcing the new deadline.
(9)
A statement under subsection (8) may be written or oral.”
45    (1)
Amend section 100 (Commission chair may appoint assessors at request of
Examining authority) as follows.
      (2)
In subsection (1) for “person appointed to chair the Commission (“the
20
chair”)” substitute “Secretary of State”.
      (3)
In subsection (2) for “chair” substitute “Secretary of State”.
46
In section 101(1) (Commission chair may appoint lawyer to assist Examining
authority) for “person appointed to chair the Commission” substitute
“Secretary of State”.
25
47
In section 102(4) (meaning of “relevant representation”) for “Commission”
(in each place) substitute “Secretary of State”.
Decisions on applications
48    (1)
Amend section 103 as follows.
      (2)
In subsection (1) (cases where Secretary of State is the decision-maker) omit
30
the words after “consent”.
      (3)
Omit subsection (2) (meaning in Act of “decision-maker”).
      (4)
For the heading substitute “Secretary of State is to decide applications”.
49    (1)
Amend section 104 (decisions of Panel and Council) as follows.
      (2)
In subsection (1) for “the decision-maker is a Panel or the Council” substitute
35
“a national policy statement has effect in relation to development of the
description to which the application relates”.
      (3)
In subsection (2)—
(a)
for “Panel or Council” (in both places) substitute “Secretary of State”,
(b)
in paragraph (b) for “Commission” substitute “Secretary of State”,
40
and

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
327

(c)
in paragraph (d) for “its” substitute “the Secretary of State’s”.
      (4)
In subsections (3) and (4) for “Panel or Council” substitute “Secretary of
State”.
      (5)
In subsection (5)—
(a)
for “Panel or Council is” substitute “Secretary of State is”, and
5
(b)
for “Panel or Council, or the Commission, being in breach of any
duty imposed on it” substitute “Secretary of State being in breach of
any duty imposed on the Secretary of State”.
      (6)
In subsections (6), (7) and (8) for “Panel or Council” substitute “Secretary of
State”.
10
      (7)
For the heading substitute “Decisions in cases where national policy
statement has effect”
50    (1)
Amend section 105 (decisions of Secretary of State) as follows.
      (2)
In subsection (1) for “if the decision-maker is the Secretary of State”
substitute “if section 104 does not apply in relation to the application”.
15
      (3)
In subsection (2)(a) (which refers to reports submitted to the Commission)
for “Commission” substitute “Secretary of State”.
      (4)
For the heading substitute “Decisions in cases where no national policy
statement has effect”.
51
In section 106(1) (representations which decision-maker may disregard) for
20
“decision-maker” (in both places) substitute “Secretary of State”.
52    (1)
Section 107 (timetable for decisions) is amended as follows.
      (2)
In subsection (1) (deadline for deciding application)—
(a)
for “decision-maker” substitute “Secretary of State”, and
(b)
for “day after the start day” substitute “deadline under section 98(3)”.
25
      (3)
Omit subsection (2) (meaning of “the start day”).
      (4)
In subsection (3) (extension of deadline) for “appropriate authority”
substitute “Secretary of State”.
      (5)
Omit subsection (4) (meaning of “appropriate authority”).
      (6)
For subsections (6) to (8) (publicising deadline extensions) substitute—
30
“(6)
Subsection (7) applies where the power under subsection (3) is
exercised.
(7)
The Secretary of State exercising the power must make a statement,
to the House of Parliament of which that Secretary of State is a
member, announcing the new deadline.
35
(8)
A statement under subsection (7) must be published in such form
and manner as the Secretary of State considers appropriate.
(8A)
A statement under subsection (7) may be written or oral.”

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
328

Suspension of decision-making process
53
In section 108(2) (suspension of proceedings on application) for the words
from “the following” to the end substitute “examination of the application
by a Panel under Chapter 2, or a single appointed person under Chapter 3,
is suspended (if not already completed).”
5
Intervention by Secretary of State
54
In Part 6, omit Chapter 7 (which consists of sections 109 to 113 and Schedule
3).
Grant or refusal
55    (1)
Section 114 (decision-maker to grant or refuse consent) is amended as
10
follows.
      (2)
In subsection (1)—
(a)
for “it” substitute “the Secretary of State”, and
(b)
for “decision-maker” substitute “Secretary of State”.
      (3)
In subsection (2) for “decision-maker” substitute “Secretary of State”.
15
56
Omit section 115(6) (Panel or Council to have regard to Secretary of State’s
guidance in deciding whether development is associated).
57    (1)
Amend section 116 (reasons) as follows.
      (2)
In subsection (1)—
(a)
for “decision-maker” substitute “Secretary of State”, and
20
(b)
for “its” substitute “the Secretary of State’s”.
      (3)
In subsection (2) for “appropriate authority” substitute “Secretary of State”.
      (4)
In subsection (3)—
(a)
for “appropriate authority” substitute “Secretary of State”, and
(b)
for “the authority” substitute “the Secretary of State”.
25
      (5)
Omit subsection (4) (meaning of “appropriate authority”).
58    (1)
Amend section 117 (orders granting consent: formalities) as follows.
      (2)
Omit subsections (2) and (5) (orders made by Panel or Council).
      (3)
In subsection (3) (duty to publish order)—
(a)
for “appropriate authority” substitute “Secretary of State”, and
30
(b)
for “the authority” substitute “the Secretary of State”.
      (4)
For subsection (4) (order exercising powers under section 120(5)(a) or (b)
must be in statutory instrument) substitute—
“(4)
If the order includes provision—
(a)
made under section 120(3) for or relating to any of the matters
35
listed in paragraphs 32A and 32B of Schedule 5, or
(b)
made in the exercise of any of the powers conferred by
section 120(5)(a) or (b),

the order must be contained in a statutory instrument.”

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
329

      (5)
In subsection (6) for “is made, the appropriate authority” substitute
“containing the order is made, the Secretary of State”.
      (6)
Omit subsection (7) (meaning of “appropriate authority”).
59    (1)
Amend section 118 (legal challenges) as follows.
      (2)
In subsection (3) (challenges to Commission decision not to accept
5
application) for “Commission” (in both places) substitute “Secretary of
State”.
      (3)
In subsection (7) (other challenges to things done by Secretary of State or
Commission) omit “or the Commission”.
Orders granting development consent
10
60    (1)
Amend section 120 (what may be contained in order) as follows.
      (2)
In subsection (5)(b) and (c) (order may contain provision that appears
necessary or expedient to decision-maker) for “decision-maker” substitute
“Secretary of State”.
      (3)
For subsection (8) (order may not create offences or make byelaws or confer
15
or amend power to do so) substitute—
“(8)
With the exception of provision made under subsection (3) for or
relating to any of the matters listed in paragraph 32B of Schedule 5,
an order granting development consent may not include—
(a)
provision creating offences,
20
(b)
provision conferring power to create offences, or
(c)
provision changing an existing power to create offences.”
61
Omit section 121 (Secretary of State’s control of exercise of legislative
powers by Panel or Council).
62
In sections 122(1) and 123(1) (compulsory acquisition may be authorised
25
only if decision-maker satisfied conditions met) for “decision-maker”
substitute “Secretary of State”.
63
Omit section 124 (guidance to Panels and Council about authorising
compulsory acquisition).
64    (1)
Amend section 127 (statutory undertakers’ land) as follows.
30
      (2)
In subsection (1)(c) (decision-maker must be satisfied as to use of land) for
“decision-maker” substitute “Secretary of State”.
      (3)
Omit subsection (7)(b) (Secretary of State to notify Commission).
65
Omit sections 131(10)(b) and 132(10)(b) (Secretary of State to notify
Commission).
35
66    (1)
Amend section 136 (public rights of way) as follows.
      (2)
In subsection (1) (decision-maker must be satisfied) for “decision-maker”
substitute “Secretary of State”.
      (3)
In subsections (4)(b) and (5) (revival of right extinguished in connection with
abandoned acquisition proposal) for “appropriate authority” substitute
40
“Secretary of State”.

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
330

      (4)
Omit subsection (6) (meaning of “appropriate authority”).
67
In section 138(4)(a) (decision-maker must be satisfied) for “decision-maker”
substitute “Secretary of State”.
68    (1)
Amend section 147 (Green Belt land) as follows.
      (2)
In subsection (2) (decision-maker’s duty to notify) for “decision-maker”
5
substitute “Secretary of State”.
      (3)
Omit subsection (3) (cases where Secretary of State not decision-maker).
69
In section 235(1) (interpretation of Act) omit the definitions of—
“the Commission”,
“Commissioner”,
10
“the Council”, and
“decision-maker”.
70    (1)
Amend Schedule 4 (corrections of errors in development consent decisions)
as follows.
      (2)
In paragraph 1(1)(a) for “decision-maker” substitute “Secretary of State”.
15
      (3)
In paragraph 1(4), (5) and (7) for “appropriate authority” (in each place)
substitute “Secretary of State”.
      (4)
Omit paragraph 1(9) (instruments made by the Commission).
      (5)
In paragraph 1(10) for “is made, the appropriate authority” substitute
“containing the order is made, the Secretary of State”.
20
      (6)
In paragraph 2 for “appropriate authority” (in each place) substitute
“Secretary of State”.
      (7)
In paragraph 2(4) (Secretary of State may specify other persons to whom
correction notice is to be given) for the words after “may” substitute “give
the correction notice to persons other than those to whom sub-paragraph (3)
25
requires it to be given.”
      (8)
In paragraph 4 omit the definition of “the appropriate authority”.
71    (1)
Amend Schedule 5 (provisions relating to, or to matters ancillary to,
development) as follows.
      (2)
In paragraph 18 (order granting development consent may make provision
30
for or relating to charging tolls, fares and other charges) after “fares” insert
“(including penalty fares)”.
      (3)
After paragraph 32 insert—
“32A
The making of byelaws by any person and their enforcement.
32B   (1)
The creation of offences within sub-paragraph (2) in connection
35
with—
(a)
non-payment of tolls, fares or other charges,
(b)
a person’s failure to give the person’s name or address in
accordance with provision relating to penalty fares,
(c)
enforcement of byelaws, or
40
(d)
construction, improvement, maintenance or management
of a harbour.

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 2 — Other amendments
331

      (2)
An offence is within this sub-paragraph if—
(a)
it is triable only summarily,
(b)
a person guilty of the offence is not liable to imprisonment,
and
(c)
any fine to which a person guilty of the offence may be
5
liable cannot be higher than level 3 on the standard scale.”
72    (1)
Amend Schedule 6 (changes to, and revocation of, orders) as follows.
      (2)
Omit paragraph 1(4) (meaning of “appropriate authority”).
      (3)
Except in paragraphs 3(6) and (7) and 6(2), for “appropriate authority” (in
each place) substitute “Secretary of State”.
10
      (4)
In paragraph 2(1) for “it” substitute “the Secretary of State”.
      (5)
In paragraph 2(4) for “Commission” substitute “Secretary of State”.
      (6)
Omit paragraph 2(10) (instruments made by Commission).
      (7)
In paragraph 2(11) after “instrument” insert “containing the order”.
      (8)
Omit paragraph 3(6) (cases where Commission is appropriate authority).
15
      (9)
In paragraph 3(7) for “Where the appropriate authority is the Secretary of
State, the” substitute “The”.
     (10)
Omit paragraph 4(8) (instruments made by Commission).
     (11)
In paragraph 4(9) after “instrument” insert “containing the order”.
     (12)
In paragraph 6(2) for the words after “payable to the person” substitute “by
20
the Secretary of State.”
73
In Schedule 12 (application of Act to Scotland: modifications) in paragraph
27 (application of Part 1 of Schedule 5) after “32” insert “, 32B(1)(a), (b) and
(d)”.
Part 2
25
Other amendments
Parliamentary Commissioner Act 1967 (c. 13)
74
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) omit the entry for the Infrastructure Planning
Commission.
30
House of Commons Disqualification Act 1975 (c. 24)
75
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) omit the entry for the
Infrastructure Planning Commission.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
35
76
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) omit the entry for
the Infrastructure Planning Commission.

Localism Bill
Schedule 14 — Grounds on which landlord may refuse to surrender and grant tenancies under section 132
332

Town and Country Planning Act 1990 (c. 8)
77    (1)
The Town and Country Planning Act 1990 is amended as follows.
      (2)
In section 106A(11) (modification and discharge of planning obligations:
meaning of “appropriate authority”)—
(a)
in paragraph (aa) (Secretary of State is appropriate authority in
5
certain development consent cases) omit the words after “any
development consent obligation”, and
(b)
omit paragraph (ab) (Commission is appropriate authority in all
other development consent cases).
      (3)
In section 106B(1) (planning obligation appeals otherwise than from
10
Secretary of State or Commission) omit “or the Infrastructure Planning
Commission”.
      (4)
In section 106C (development consent obligations: legal challenges) omit “or
the Infrastructure Planning Commission” (in both places).
Freedom of Information Act 2000 (c. 36)
15
78
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) omit the entry for the Infrastructure Planning
Commission.
Government of Wales Act 2006 (c. 32)
79
In Part 1 of Schedule 7 to the Government of Wales Act 2006 (subjects to
20
which provisions of Acts of the Assembly may relate) in the exception to
paragraph 19 (Town and Country Planning) for “Functions of the
Infrastructure Planning Commission or any of its members under the
Planning Act 2008” substitute “Development consent under the Planning
Act 2008”.
25
Schedule 14
Section 133

Grounds on which landlord may refuse to surrender and grant tenancies
under section 132
Ground 1
1
This ground is that any rent lawfully due from a tenant under one of the
30
existing tenancies has not been paid.
Ground 2
2
This ground is that an obligation under one of the existing tenancies has
been broken or not performed.
Ground 3
35
3
This ground is that any of the relevant tenants is subject to an order of the
court for possession of the dwelling-house let on that tenant’s existing
tenancy.