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Localism Bill


Localism Bill
Part 4 — Community empowerment
Chapter 4 — Assets of community value

58

 

82      

Compensation

(1)   

The appropriate authority may by regulations make provision for the payment

of compensation in connection with the operation of this Chapter.

(2)   

Regulations under subsection (1) may (in particular)—

(a)   

provide for any entitlement conferred by the regulations to apply only

5

in cases specified in the regulations;

(b)   

provide for any entitlement conferred by the regulations to be subject

to conditions, including conditions as to time limits;

(c)   

make provision about—

(i)   

who is to pay compensation payable under the regulations;

10

(ii)   

who is to be entitled to compensation under the regulations;

(iii)   

what compensation under the regulations is to be paid in

respect of;

(iv)   

the amount, or calculation, of compensation under the

regulations;

15

(v)   

the procedure to be followed in connection with claiming

compensation under the regulations;

(vi)   

the review of decisions made under the regulations.

Miscellaneous

83      

Local land charge

20

If land is included in a local authority’s list of assets of community value—

(a)   

inclusion in the list is a local land charge, and

(b)   

that authority is the originating authority for the purposes of the Local

Land Charges Act 1975.

84      

Enforcement

25

(1)   

The appropriate authority may by regulations make provision—

(a)   

with a view to preventing, or reducing the likelihood, of contraventions

of section 79(1);

(b)   

as to the consequences applicable in the event of contraventions of

section 79(1).

30

(2)   

The provision that may be made under subsection (1) includes (in particular)—

(a)   

provision for transactions entered into in breach of section 79(1) to be

set aside or to be ineffective;

(b)   

provision about entries on registers relating to land.

(3)   

The provision that may be made under subsection (1) includes provision

35

amending—

(a)   

legislation, or

(b)   

an instrument made under legislation.

(4)   

In subsection (3) “legislation” means—

(a)   

an Act, or

40

(b)   

a Measure or Act of the National Assembly for Wales.

 
 

Localism Bill
Part 4 — Community empowerment
Chapter 4 — Assets of community value

59

 

85      

Crown application

This Chapter binds the Crown.

Interpretation of Chapter

86      

Meaning of “local authority”

(1)   

In this Chapter “local authority” in relation to England means—

5

(a)   

a district council,

(b)   

a county council for an area in England for which there are no district

councils,

(c)   

a London borough council,

(d)   

the Common Council of the City of London, or

10

(e)   

the Council of the Isles of Scilly.

(2)   

The Secretary of State may by order amend this section for the purpose of

changing the meaning in this Chapter of “local authority” in relation to

England.

(3)   

In this Chapter “local authority” in relation to Wales means—

15

(a)   

a county council in Wales, or

(b)   

a county borough council.

(4)   

The Welsh Ministers may by order amend this section for the purpose of

changing the meaning in this Chapter of “local authority” in relation to Wales.

87      

Meaning of “owner”

20

(1)   

In this Chapter “owner”, in relation to land, is to be read as follows.

(2)   

The owner of any land is the person in whom the freehold estate in the land is

vested, but not if there is a qualifying leasehold estate in the land.

(3)   

If there is just one qualifying leasehold estate in any land, the owner of the land

is the person in whom that estate is vested.

25

(4)   

If there are two or more qualifying leasehold estates in the same land, the

owner of the land is the person in whom is vested the qualifying leasehold

estate that is more or most distant (in terms of the number of intervening

leasehold estates) from the freehold estate.

(5)   

In this section “qualifying leasehold estate”, in relation to any land, means an

30

estate by virtue of a lease of the land for a term which, when granted, had at

least 25 years to run.

(6)   

The appropriate authority may by order amend this section—

(a)   

for the purpose of changing the definition of “owner” for the time being

given by this section;

35

(b)   

for the purpose of defining “owner” for the purposes of this Chapter in

a case where, for the time being, this section does not define that

expression.

88      

Interpretation of Chapter: general

(1)   

In this Chapter—

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Localism Bill
Part 5 — Planning
Chapter 1 — Plans and strategies

60

 

“appropriate authority”—

(a)   

in relation to England means the Secretary of State, and

(b)   

in relation to Wales means the Welsh Ministers;

“building” includes part of a building;

“community nomination” has the meaning given by section 73(2);

5

“land” includes—

(a)   

part of a building,

(b)   

part of any other structure, and

(c)   

mines and minerals, whether or not held with the surface;

“land of community value” is to be read in accordance with section 72;

10

“local authority” is to be read in accordance with section 86;

“owner”, in relation to any land, is to read in accordance with section 87;

“unsuccessful”, in relation to a community nomination, has the meaning

given by sections 74(5) and 76(4)(b)(i).

(2)   

For the meaning of “list of assets of community value” see section 71(2).

15

(3)   

For the meaning of “list of land nominated by unsuccessful community

nominations” see section 77(2).

Part 5

Planning

Chapter 1

20

Plans and strategies

89      

Abolition of regional strategies

(1)   

The following provisions are repealed—

(a)   

sections 82(1) and 83 of the Local Democracy, Economic Development

and Construction Act 2009 (effect of regional strategies), and

25

(b)   

the remaining provisions of Part 5 of that Act (regional strategy).

(2)   

Subsection (1)(b) does not apply to—

(a)   

section 85(1) (consequential provision) of that Act,

(b)   

Schedule 5 to that Act (regional strategy: amendments) (but see Part 14

of Schedule 24 to this Act), or

30

(c)   

Part 4 of Schedule 7 to that Act (regional strategy: repeals).

(3)   

The regional strategies under Part 5 of that Act are revoked.

(4)   

A direction given by the Secretary of State under paragraph 1(3) of Schedule 8

to the Planning and Compulsory Purchase Act 2004 (directions preserving

development plan policies) is revoked if and so far as it relates to a policy

35

contained in a structure plan.

(5)   

Schedule 8 (which contains amendments that are consequential on this section)

has effect.

90      

Duty to co-operate in relation to planning of sustainable development

In Part 2 of the Planning and Compulsory Purchase Act 2004 (local

40

 
 

Localism Bill
Part 5 — Planning
Chapter 1 — Plans and strategies

61

 

development) after section 33 insert—

“33A    

Duty to co-operate in relation to planning of sustainable development

(1)   

Each person who is—

(a)   

a local planning authority, or

(b)   

a body, or other person, that is prescribed or of a prescribed

5

description,

   

must co-operate with every other person who is within paragraph (a)

or (b) in maximising the effectiveness with which activities within

subsection (3) are undertaken.

(2)   

In particular, the duty imposed on a person by subsection (1) requires

10

the person to engage constructively, actively and on an ongoing basis

in any process by means of which activities within subsection (3) are

undertaken.

(3)   

The activities within this subsection are—

(a)   

the preparation of development plan documents,

15

(b)   

the preparation of other local development documents, and

(c)   

other activities that support the planning of development,

   

so far as relating to sustainable development and use of land including,

in particular, sustainable development and use of land for or in

connection with strategic infrastructure.

20

(4)   

The engagement required of a person by subsection (2) includes, in

particular—

(a)   

giving a substantive response if consulted under this Part in

connection with the undertaking of activities within subsection

(3)(a), and

25

(b)   

giving a substantive response to any request received from a

person within subsection (1)(a) or (b) for information to assist

the maker of the request to discharge responsibilities in

connection with the undertaking of activities within subsection

(3).

30

(5)   

A person subject to the duty under subsection (1) must have regard to

any guidance given by the Secretary of State about how the duty is to

be complied with.

(6)   

A person, or description of persons, may be prescribed for the purposes

of subsection (1)(b) only if the person, or persons of that description,

35

exercise functions for the purposes of an enactment.”

91      

Local development schemes

(1)   

Section 15 of the Planning and Compulsory Purchase Act 2004 (preparation,

revision and promulgation of local development schemes) is amended as

follows.

40

(2)   

Omit subsection (3) (requirements as to preparation of schemes).

(3)   

In subsection (4) (Secretary of State or Mayor of London may direct that

scheme be amended) after “thinks appropriate” insert “for the purpose of

ensuring effective coverage of the authority’s area by the development plan

documents (taken as a whole) for that area”.

45

 
 

Localism Bill
Part 5 — Planning
Chapter 1 — Plans and strategies

62

 

(4)   

In subsection (6A)(b) (provision about directions given by Mayor of London

under subsection (4)) for “the scheme is not to be brought into effect” substitute

“effect is not to be given to the direction”.

(5)   

For subsection (7) (regulations about publicity, inspection and bringing

schemes into effect) substitute—

5

“(7)   

To bring the scheme into effect, the local planning authority must

resolve that the scheme is to have effect and in the resolution specify the

date from which the scheme is to have effect.”

(6)   

After subsection (8A) insert—

“(8AA)   

A direction may be given under subsection (8)(b) only if the person

10

giving the direction thinks that revision of the scheme is necessary for

the purpose of ensuring effective coverage of the authority’s area by the

development plan documents (taken as a whole) for that area.”

(7)   

After subsection (9) insert—

“(9A)   

The local planning authority must make the following available to the

15

public—

(a)   

the up-to-date text of the scheme,

(b)   

a copy of any amendments made to the scheme, and

(c)   

up-to-date information showing the state of the authority’s

compliance (or non-compliance) with the timetable mentioned

20

in subsection (2)(f).”

92      

Adoption and withdrawal of development plan documents

(1)   

The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2)   

For section 20(7) (independent examiner must make recommendations with

reasons) substitute—

25

“(7)   

Where the person appointed to carry out the examination—

(a)   

has carried it out, and

(b)   

considers that, in all the circumstances, it would be reasonable

to conclude that the document satisfies the requirements

mentioned in subsection (5)(a) and is sound,

30

   

the person must recommend that the document is adopted and give

reasons for the recommendation.

(7A)   

Where the person appointed to carry out the examination—

(a)   

has carried it out, and

(b)   

is not required by subsection (7) to recommend that the

35

document is adopted,

   

the person must recommend non-adoption of the document and give

reasons for the recommendation.

(7B)   

If asked to do so by the local planning authority, the person appointed

to carry out the examination must recommend modifications of the

40

document that would make it one that—

(a)   

satisfies the requirements mentioned in subsection (5)(a), and

(b)   

is sound.”

(3)   

For section 23(2) and (3) (adoption of development plan documents, whether

 
 

Localism Bill
Part 5 — Planning
Chapter 1 — Plans and strategies

63

 

as prepared or with modifications, must be in accordance with independent

examiner’s recommendations) substitute—

“(2)   

If the person appointed to carry out the independent examination of a

development plan document recommends that it is adopted, the

authority may adopt the document—

5

(a)   

as it is, or

(b)   

with modifications that (taken together) do not materially affect

the policies set out in it.

(2A)   

Subsection (3) applies if the person appointed to carry out the

independent examination of a development plan document—

10

(a)   

recommends non-adoption, and

(b)   

under section 20(7B) recommends modifications (“the main

modifications”).

(3)   

The authority may adopt the document—

(a)   

with the main modifications, or

15

(b)   

with the main modifications and additional modifications if the

additional modifications (taken together) do not materially

affect the policies that would be set out in the document if it was

adopted with the main modifications but no other

modifications.”

20

(4)   

Omit section 22(2) (development plan document not to be withdrawn once

submitted for independent examination unless examiner or Secretary of State

directs that it be withdrawn).

(5)   

In section 21 (intervention by Secretary of State) after subsection (9) insert—

“(9A)   

The Secretary of State may at any time—

25

(a)   

after a development plan document has been submitted for

independent examination under section 20, but

(b)   

before it is adopted under section 23,

   

direct the local planning authority to withdraw the document.”

(6)   

The amendments made by subsections (2) and (3) apply in relation to all

30

adoptions of development plan documents that take place after the coming

into force of those subsections, including an adoption where steps in relation

to the document have taken place before then.

93      

Local development: monitoring reports

(1)   

Section 35 of the Planning and Compulsory Purchase Act 2004 (local planning

35

authority must make annual report to Secretary of State) is amended as

follows.

(2)   

Omit subsection (1) (duty to make annual report).

(3)   

In subsection (2) (contents of annual report) for “The annual report must

contain” substitute “Every local planning authority must prepare reports

40

containing”.

(4)   

In subsection (3) (rules about annual reports) for the words from the beginning

to the end of paragraph (b) substitute—

   

“A report under subsection (2) must—

 
 

Localism Bill
Part 5 — Planning
Chapter 2 — Community Infrastructure Levy

64

 

(a)   

be in respect of a period—

(i)   

which the authority considers appropriate in the

interests of transparency,

(ii)   

which begins with the end of the period covered by the

authority’s most recent report under subsection (2), and

5

(iii)   

which is not longer than 12 months or such shorter

period as is prescribed;”.

(5)   

After subsection (3) insert—

“(4)   

The authority must make the authority’s reports under this section

available to the public.”

10

(6)   

In the heading for “Annual” substitute “Authorities’” and for “report”

substitute “reports”.

Chapter 2

Community Infrastructure Levy

94      

Community Infrastructure Levy: approval of charging schedules

15

(1)   

The Planning Act 2008 is amended as follows.

(2)   

In section 211 (amount of levy) after subsection (7) insert—

“(7A)   

A charging authority must use appropriate available evidence to

inform the charging authority’s preparation of a charging schedule.

(7B)   

CIL regulations may make provision about the application of

20

subsection (7A) including, in particular—

(a)   

provision as to evidence that is to be taken to be appropriate,

(b)   

provision as to evidence that is to be taken to be not

appropriate,

(c)   

provision as to evidence that is to be taken to be available,

25

(d)   

provision as to evidence that is to be taken to be not available,

(e)   

provision as to how evidence is, and as to how evidence is not,

to be used,

(f)   

provision as to evidence that is, and as to evidence that is not, to

be used,

30

(g)   

provision as to evidence that may, and as to evidence that need

not, be used, and

(h)   

provision as to how the use of evidence is to inform the

preparation of a charging schedule.”

(3)   

For section 212(4) to (7) (draft must be accompanied by declaration of

35

compliance with requirements, and examiner must consider the requirements

and make recommendations with reasons) substitute—

“(4)   

In this section and sections 212A and 213 “the drafting requirements”

means the requirements of this Part and CIL regulations (including the

requirements to have regard to the matters listed in section 211(2) and

40

(4)), so far as relevant to the drafting of the schedule.

(7)   

The examiner must consider whether the drafting requirements have

been complied with and—

 
 

 
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