Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill
Part 5 — Planning
Chapter 2 — Community Infrastructure Levy
65

(a)
make recommendations in accordance with section 212A, and
(b)
give reason for the recommendations.”
(4)
After section 212 insert—
“212A
Charging schedule: examiner’s recommendations
(1)
This section applies in relation to the examination, under section 212, of
5
a draft charging schedule.
(2)
If the examiner considers—
(a)
that there is any respect in which the drafting requirements
have not been complied with, and
(b)
that the non-compliance with the drafting requirements cannot
10
be remedied by the making of modifications to the draft,

the examiner must recommend that the draft be rejected.
(3)
Subsection (4) applies if the examiner considers—
(a)
that there is any respect in which the drafting requirements
have not been complied with, and
15
(b)
that the non-compliance with the drafting requirements could
be remedied by the making of modifications to the draft.
(4)
The examiner must—
(a)
specify the respects in which the drafting requirements have not
been complied with,
20
(b)
recommend modifications that the examiner considers
sufficient and necessary to remedy that non-compliance, and
(c)
recommend that the draft be approved with—
(i)
those modifications, or
(ii)
other modifications sufficient and necessary to remedy
25
that non-compliance.
(5)
Subject to subsections (2) to (4), the examiner must recommend that the
draft be approved.
(6)
If the examiner makes recommendations under subsection (4), the
examiner may recommend other modifications with which the draft
30
should be approved in the event that it is approved.
(7)
If the examiner makes recommendations under subsection (5), the
examiner may recommend modifications with which the draft should
be approved in the event that it is approved.”
(5)
For section 213(1) (charging authority has to follow examiner’s
35
recommendations when approving charging schedule) substitute—
“(1)
A charging authority may approve a charging schedule only if—
(a)
the examiner makes recommendations under section 212A(4) or
(5), and
(b)
the charging authority has had regard to those
40
recommendations and the examiner’s reasons for them.
(1A)
Accordingly, a charging authority may not approve a charging
schedule if, under section 212A(2), the examiner recommends rejection.

Localism Bill
Part 5 — Planning
Chapter 2 — Community Infrastructure Levy
66

(1B)
If the examiner makes recommendations under section 212A(4), the
charging authority may approve the charging schedule only if it does
so with modifications that are sufficient and necessary to remedy the
non-compliance specified under section 212A(4)(a) (although those
modifications need not be the ones recommended under section
5
212A(4)(b)).
(1C)
If a charging authority approves a charging schedule, it may do so with
all or none, or some one or more, of the modifications (if any)
recommended under section 212A(6) or (7).
(1D)
The modifications with which a charging schedule may be approved
10
include only—
(a)
modifications required by subsection (1B), and
(b)
modifications allowed by subsection (1C).”
(6)
In section 213 (approval of charging schedules) after subsection (3) insert—
“(3A)
Subsection (3B) applies if—
15
(a)
the examiner makes recommendations under section 212A(4),
and
(b)
the charging schedule is approved by the charging authority.
(3B)
The charging authority must publish a report setting out how the
charging schedule as approved remedies the non-compliance specified
20
under section 212A(4)(a).
(3C)
CIL regulations may make provision about the form or contents of a
report under subsection (3B).”
(7)
In section 213 after subsection (4) insert—
“(5)
In this section “examiner” means examiner under section 212.”
25
(8)
The amendments made by this section do not apply in relation to cases where
an examiner submits recommendations to a charging authority before the
coming into force of this section, but subject to that the cases in relation to
which the amendments apply include a case in which steps in relation to the
charging schedule have been taken before then.
30
95
Use of Community Infrastructure Levy
(1)
The Planning Act 2008 is amended as follows.
(2)
In section 205 (establishment and overall purpose of the levy) after subsection
(2) (overall purpose relates to funding of costs incurred in providing
infrastructure) insert—
35
“(2A)
In subsection (2) “providing”, in relation to infrastructure, includes—
(a)
providing it initially, and
(b)
providing it on an ongoing basis.”
(3)
In section 216 (application of levy)—
(a)
in subsection (4) (matters that may be specified by regulations) after
40
paragraph (a) insert—
“(aa)
maintenance, operational and promotional activities
that may or are to be, or may not be, funded by CIL,”,
and

Localism Bill
Part 5 — Planning
Chapter 2 — Community Infrastructure Levy
67

(b)
in subsection (6)(b) (regulations about funding may permit levy to be
reserved for expenditure on future projects) after “future projects”
insert “or for expenditure on future ongoing costs”.
(4)
After section 216 insert—
“216A
Duty to pass receipts to other persons
5
(1)
CIL regulations may require that CIL received in respect of
development of land in an area is to be passed by the charging
authority that charged the CIL to a person other than that authority.
(2)
CIL regulations must contain provision to secure that money passed to
a person in discharge of a duty under subsection (1) is used to fund
10
infrastructure to support the development of—
(a)
the area to which the duty relates, or
(b)
any part of that area.
(3)
A duty under subsection (1) may relate to—
(a)
the whole of a charging authority’s area or the whole of the
15
combined area of two or more charging authorities, or
(b)
part only of such an area or combined area.
(4)
CIL regulations may make provision about the persons to whom CIL
may or must, or may not, be passed in discharge of a duty under
subsection (1).
20
(5)
A duty under subsection (1) may relate—
(a)
to all CIL (if any) received in respect of the area to which the
duty relates, or
(b)
such part of that CIL as is specified in, or determined under or
in accordance with, CIL regulations.
25
(6)
CIL regulations may make provision in connection with the timing of
payments in discharge of a duty under subsection (1).
(7)
CIL regulations may, in relation to CIL passed to a person in discharge
of a duty under subsection (1), make provision about—
(a)
accounting for the CIL,
30
(b)
monitoring its use,
(c)
reporting on its use,
(d)
responsibilities of charging authorities for things done by the
person in connection with the CIL,
(e)
recovery of the CIL, and any income or profits accruing in
35
respect of it or from its application, in cases where—
(i)
infrastructure to be funded by it has not been provided,
or
(ii)
it has been misapplied,

including recovery of sums or other assets representing it or any
40
such income or profits, and
(f)
use of anything recovered in cases where—
(i)
infrastructure to be funded by the CIL has not been
provided, or
(ii)
the CIL has been misapplied.
45
(8)
This section does not limit section 216(7)(f).”

Localism Bill
Part 5 — Planning
Chapter 3 — Neighbourhood planning
68

Chapter 3
Neighbourhood planning
96
Neighbourhood planning
(1)
Schedule 9 (which makes provision about neighbourhood development orders
and neighbourhood development plans) has effect.
5
(2)
After Schedule 4A to the Town and Country Planning Act 1990 insert the
Schedule 4B set out in Schedule 10 to this Act.
(3)
After the inserted Schedule 4B to that Act insert the Schedule 4C set out in
Schedule 11 to this Act.
97
Charges for meeting costs relating to neighbourhood planning
10
(1)
The Secretary of State may with the consent of the Treasury make regulations
providing for the imposition of charges for the purpose of meeting expenses
incurred (or expected to be incurred) by local planning authorities in, or in
connection with, the exercise of their neighbourhood planning functions.
(2)
A local planning authority’s “neighbourhood planning functions” are any of
15
their functions exercisable under any provision made by or under—
(a)
any of sections 61E to 61O of, or Schedule 4B or 4C to, the Town and
Country Planning Act 1990 (neighbourhood development orders),
(b)
any of sections 38A to 38C of the Planning and Compulsory Purchase
Act 2004 (neighbourhood development plans), or
20
(c)
this section.
(3)
The regulations must secure—
(a)
that the charges are payable in relation to development for which
planning permission is granted by a neighbourhood development
order made under section 61E of the Town and Country Planning Act
25
1990,
(b)
that the charges become payable when the development is commenced
(determined in accordance with the regulations), and
(c)
that the charges are payable to local planning authorities.
(4)
The regulations may authorise local planning authorities to set the amount of
30
charges imposed by the regulations; and, if so, the regulations may—
(a)
provide for the charges not to be payable at any time unless at that time
a document (a “charging document”) has been published by the
authority setting out the amounts chargeable under the regulations in
relation to development in their area,
35
(b)
make provision about the approval and publication of a charging
document,
(c)
prescribe matters to which the authorities must have regard in setting
the charges,
(d)
require the authorities, in setting the charges, to disregard such
40
expenditure expected to be incurred as mentioned in subsection (1) as
falls within a description prescribed by the regulations,
(e)
authorise the authorities to set different charges for different cases,
circumstances or areas (either generally or only to the extent specified
in the regulations), and
45

Localism Bill
Part 5 — Planning
Chapter 3 — Neighbourhood planning
69

(f)
authorise the authorities to make exceptions (either generally or only to
the extent specified in the regulations).
(5)
The regulations must make provision about liability to pay a charge imposed
by the regulations.
(6)
The regulations may make provision—
5
(a)
enabling any person to assume (in accordance with any procedural
provision made by the regulations) the liability to pay a charge
imposed by the regulations before it becomes payable,
(b)
about assumption of partial liability,
(c)
about the withdrawal of assumption of liability,
10
(d)
about the cancellation by a local planning authority of assumption of
liability,
(e)
for the owner or developer of land to be liable to pay the charge in cases
prescribed by the regulations,
(f)
about joint liability (with or without several liability),
15
(g)
about liability of partnerships,
(h)
about apportionment of liability, including provision for referral to a
specified body or other person for determination and provision for
appeals, and
(i)
about transfer of liability (whether before or after the charge becomes
20
due and whether or not liability has been assumed).
(7)
In subsection (6)(e)—
(a)
“owner” of land means a person who owns an interest in land, and
(b)
“developer” means a person who is wholly or partly responsible for
carrying out a development.
25
(8)
The provision for appeals that may be made as a result of subsection (6)(h)
includes provision about—
(a)
the period within which the right of appeal may be exercised,
(b)
the procedure on appeals, and
(c)
the payment of fees, and award of costs, in relation to appeals
30
(including provision requiring local planning authorities to bear
expenses incurred in connection with appeals).
98
Regulations under section 97: collection and enforcement
(1)
Regulations under section 97 must include provision about the collection of
charges imposed by the regulations.
35
(2)
The regulations may make provision—
(a)
for payment on account or by instalments,
(b)
about repayment (with or without interest) in cases of overpayment,
and
(c)
about the source of payments in respect of a Crown interest or Duchy
40
interest (within the meaning of section 227(3) or (4) of the Planning Act
2008).
(3)
Regulations under section 97 must include provision about enforcement of
charges imposed by the regulations; and that provision must include
provision—
45

Localism Bill
Part 5 — Planning
Chapter 3 — Neighbourhood planning
70

(a)
for a charge (or other amount payable under the regulations) to be
treated as a civil debt due to a local planning authority, and
(b)
for the debt to be recoverable summarily.
(4)
The regulations may make provision—
(a)
about the consequences of failure to assume liability, to give a notice or
5
to comply with another procedure under the regulations,
(b)
for the payment of interest (at a rate specified in, or determined in
accordance with, the regulations),
(c)
for the imposition of a penalty or surcharge (of an amount specified in,
or determined in accordance with, the regulations),
10
(d)
replicating or applying (with or without modifications) any provision
made by any of sections 324 to 325A of the Town and Country Planning
Act 1990 (rights of entry), and
(e)
for enforcement in the case of death or insolvency of a person liable for
the charge.
15
99
Regulations under section 97: supplementary
(1)
Regulations under section 97 may make provision about procedures to be
followed in connection with charges imposed by the regulations.
(2)
The regulations may make provision about—
(a)
procedures to be followed by a local planning authority proposing to
20
start or stop imposing a charge,
(b)
procedures to be followed by a local planning authority in relation to
the imposition of a charge,
(c)
the arrangements of a local planning authority for the making of any
decision prescribed by the regulations,
25
(d)
consultation,
(e)
the publication or other treatment of reports,
(f)
timing and methods of publication,
(g)
making documents available for inspection,
(h)
providing copies of documents (with or without charge),
30
(i)
the form and content of documents,
(j)
giving notice,
(k)
serving notices or other documents, and
(l)
procedures to be followed in connection with actual or potential
liability for a charge.
35
(3)
Provision made by the regulations as a result of subsection (2)(c) is to have
effect despite provision made by any enactment as to the arrangements of a
local planning authority for the exercise of their functions (such as section 101
of the Local Government Act 1972 or section 13 of the Local Government Act
2000).
40
(4)
Regulations under section 97 may make provision binding the Crown.
(5)
Regulations under section 97 may make—
(a)
provision applying any enactment (with or without modifications), and
(b)
provision for exceptions.

Localism Bill
Part 5 — Planning
Chapter 4 — Consultation
71

(6)
A local planning authority must have regard to any guidance issued by the
Secretary of State in the exercise of any of their functions under regulations
under section 97.
(7)
For the purposes of sections 97 and 98 and this section “local planning
authority” means an authority that have made or have power to make—
5
(a)
a neighbourhood development order under section 61E of the Town
and Country Planning Act 1990, or
(b)
a neighbourhood development plan under section 38A of the Planning
and Compulsory Purchase Act 2004.
(8)
Nothing in section 97, 98 or this section that authorises the inclusion of any
10
particular kind of provision in regulations under section 97 is to be read as
restricting the generality of the provision that may be included in the
regulations.
100
Financial assistance in relation to neighbourhood planning
(1)
The Secretary of State may provide financial assistance, or make arrangements for the
15
provision of financial assistance, to any body or other person—
(a)
for the purpose of publicising or promoting the making of neighbourhood
development orders or neighbourhood development plans and the benefits
expected to arise from their making, or
(b)
for the purpose of assisting anyone to make proposals for such orders or plans
20
or to do anything else for the purposes of, or in connection with, such proposals
or such orders or plans.
(2)
In this section—
(a)
any reference to the provision of financial assistance is to the provision of
financial assistance by any means (including the making of a loan and the
25
giving of a guarantee or indemnity),
(b)
any reference to a neighbourhood development order is to a neighbourhood
development order under section 61E of the Town and Country Planning Act
1990, and
(c)
any reference to a neighbourhood development plan is to a neighbourhood
30
development plan under section 38A of the Planning and Compulsory
Purchase Act 2004.
101
Consequential amendments
Schedule 12 (neighbourhood planning: consequential amendments) has effect.
Chapter 4
35
Consultation
102
Consultation before applying for planning permission
(1)
In the Town and Country Planning Act 1990, before section 62 (and before the