Session 2010-11
Other Public Bills before Parliament

House of Commons Amendments


House of Commons
Notices of Amendments

Thursday 10 March 2011

Public Bill Committee

Localism Bill

The Amendments have been arranged in accordance with the Order of the Committee [25 January].

New Clauses

Pay transparency statement by local authority contractors

  • Barbara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC1

(1) It is the duty of every relevant authority when entering into a public supply or works contract with a company or organistation (a “contractor”) for the supply of services or for the execution of works to the value of more than £250,000 in any financial year, to include a provision in that contract that the contractor prepare a pay transparency statement relating to its highest and lowest paid workers within three months of the contract being finalised.

(2) The contracts which are public supply or works contracts for the purposes of this section are contracts for the supply of goods or materials, for the supply of services or for the execution of works; but this section does not apply in relation to contracts entered into before the commencement of this section.

(3) Where the individual value of contracts referred to in subsection (1) fall below £250,000 but the aggregated value of contracts with a company or organisation (a “contractor”) exceed £250,000, then that company or organisation (a “contractor”) will be subject to the same conditions set out in subsection (1).

(4) A pay transparency statement must include—

(a) the highest gross pay any employee of the contractor, carrying out work in relation to the contract or contracts referred to in subsections (1) and (3), is currently being paid,

(b) the lowest gross pay any employee of the contractor, carrying out work in relation to the contract or contracts referred to in subsections (1) and (3), is currently being paid, and

(c) the pay multiple to be maintained between the lowest paid and the highest paid employee of the contractor.

(5) The contract referred to in subsections (1) or (3) must provide that the contractor prepare a new pay transparency statement for each financial year by the date specified in section 22(3).

(6) A relevant authority must publish any pay transparency statement produced by its contractors under subsection (1) or subsection (5) in the manner set out in section 22(5).

(7) In this section—

(a) “relevant authority” means a relevant authority within the meaning of section 26(1),

(b) “financial year” means a financial year within the meaning of section 26(6).

(8) In Part 2 of the Local Government Act 1988 (public supply or works contracts), after section 17(10)(b) insert—

“(c) the duty imposed on it by section [Pay transparency statement by local authority contractors] of the Localism Act 2011.”’.

Purpose of planning

  • Barbara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC3

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

(2) Before section 1 insert—

“(A1)Purpose of Planning

(1) The purpose of the planning system is to achieve sustainable development.

(2) Any person exercising functions and duties under the planning Acts must do so with the objective of achieving sustainable development.

(A2)Interpretation

(1) In the planning Acts “sustainable development” means managing the use, development, and protection of land and natural resources in a way, or at a rate, which protects the long-term health of the environment, maintains biodiversity and enables people and communities to provide for their social, economic and cultural wellbeing while sustaining the potential of future generations to meet their own needs.

(2) The definition of “sustainable development” may be further refined through guidance, strategies or frameworks that may be adopted in England and Wales from time to time for the purpose of establishing principles or criteria for practical application.

(3) In achieving sustainable development, planning should:

(a) promote the long term spatial organisation of land and natural resources; and

(b) apply the following principles:living within environmental limits;ensuring a strong, healthy and just society;achieving a sustainable economy;promoting good governance; andusing sound science responsibly.

(A3)In this Part ‘the planning Acts’ means:

(a) the Planning Act 2008;

(b) the Planning and Compulsory Purchase Act 2004;

(c) the Town and Country Planning Act 1990;

(d) the Planning (Listed Buildings and Conservation Areas) Act 1990;

(e) the Planning (Hazardous Substances) Act 1990; and

(f) the Planning (Consequential Provisions) Act 1990.”.’.

Sustainable development

  • Barbara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC4

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

(2) In section 39 (sustainable development)—

(a) In subsection (1) after “function—”, insert—

“(aa) under the planning Acts in relation to any national policies, frameworks or guidance issued;”.

(b) In subsection (1)(c) after ‘plan’, leave out “.” and insert—

“(d) under sections 38A to 38C of this Act in relation to neighbourhood development plans;

(b) under Part III of the principal Act in relation to development control;

(c) under Schedule 4A of the principal Act in relation to local development orders;

(d) under Schedule 4B of the principal Act in relation to neighbourhood development orders;

(e) under Schedule 4C of the principal Act in relation to community right to build orders.”.

(c) In subsection (2) leave out “contributing to the achievement of” and insert “achieving”.

(d) Subsection (3) is amended as follows—leave out “have regard to national” and insert “act in accordance with”;leave out “guidance” and insert “any guidance strategies or frameworks”;in subsection (3)(a) after “[subsection (1)(b)]”, insert “and subsections (1)(d) to (h)”;in subsection (3)(b) after “subsection (1)(c)”, insert “and subsections (1)(e) and (1)(f) as they relate to Wales”.

(3) Section 10 of the Planning Act 2008 (sustainable development) is amended as follows:

(a) in subsection (1) after “sections 5 and 6”, insert “and Part 6”;

(b) in subsection (2) leave out “contributing to the achievement of” and insert “achieving”;

(c) in subsection (3) leave out “have regard to the desirability of” and insert “ensure that (taken as a whole) the development and use of land under this Act contribute to”;

(d) after subsection (3) insert—

“(4) For the purposes of this section, the Secretary of State must act under any guidance, strategies or frameworks relating to sustainable development that may be adopted in the United Kingdom from time to time”.

(4) In this Part “the planning Acts” means—

(a) the Planning Act 2008;

(b) the Planning and Compulsory Purchase Act 2004;

(c) the Town and Country Planning Act 1990;

(d) the Planning (Listed Buildings and Conservation Areas) Act 1990;

(e) the Planning (Hazardous Substances) Act 1990; and

(f) the Planning (Consequential Provisions) Act 1990.’.

Mitigation and adaption to climate change

  • Barbara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC5

(1) In Part 3 of the Planning and Compulsory Purchase Act 2004 insert—

“(39A)Climate Change

(1) This section applies to any person who or body which exercises any function—

(a) under Part 2 in relation to local development documents;

(b) under Part 4 in relation to development control;

(c) under Part 6 in relation to the Wales spatial plan or a local development plan; and

(d) under the Town and Country Planning Act 1990 in relation to neighbourhood development plans and neighbourhood development orders.

(2) The person or body must exercise the function to ensure that the development and use of land in the local planning authority area contributes to the mitigation of, and adaptation to, climate change.’.

Housing assessment report

  • Barbara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC6

(1) A local authority must carry out an assessment in accordance with this section

(a) prior to the preparation of a development plan document; and

(b) when required by the Secretary of State to do so.

(2) The assessment referred to in subsection (1) must, in relation to any period specified in the requirement, assess housing provision and the provision of related services in the authority’s area, including in particular—

(a) the nature and condition of the housing stock;

(b) the needs of persons living in or wanting to live in the area for housing accommodation including affordable housing;

(c) the demand for, and availability of, housing accommodation;

(d) the needs of persons in the area for, and the availability of, housing accommodation designed or adapted for persons with special needs; and

(e) any other matter specified in the requirement.

(3) A requirement under subsection (1)—

(a) must specify the period in relation to which the assessment is to be carried out and the Housing Assessment Report prepared;

(b) may make provision as to—the procedure to be followed in carrying out the assessment and preparing the Housing Assessment Report;the time in which the Housing Assessment Report is to be prepared;the form of the Housing Assessment Report and the matters which it is to include;the consultation to be carried out by the local authority on its proposed Housing Assessment Report; andthe documents and information relating to the Housing Assessment Report and its preparation which are to be available.

(4) Without prejudice to subsection (3)(b), the Housing Assessment Report must state how the local authority is to comply with its duty under the Equality Act 2010 so far as relating to the matters included in the Housing Assessment Report.

(5) A local authority must provide a copy of its Housing Assessment Report to any person who requests it.

(6) Two or more local authorities subject to a requirement under subsection (1) may exercise their functions under this section jointly in relation to their combined areas.

(7) The Secretary of State must exercise power under subsection (1) so as to ensure that every local authority area is included in a Housing Assessment Report.

(8) A local authority—

(a) must provide the Secretary of State with or make public such information as may be required, in such form and at such times as may be required, about the authority’s implementation of its Housing Assessment Report;

(b) must keep its Housing Assessment Report under review; and

(c) may from time to time, after consultation with such persons as it thinks fit, modify its Housing Assessment Report.’.

National planning policy framework

  • Barabara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC7

(1) After Part 1 of the Planning Compulsory Purchase Act 2004 insert—

“(1A)National Planning Policy Framework

(1) There is to be a National Planning Policy Framework for England that is to set out in broad terms how the Secretary of State considers that the development and use of land could and should occur.

(2) The National Planning Policy Framework must contain—

(a) a statement of what the Secretary of State considers to be the economic, enviromental and social priorities and objectives for the development and use of land;

(b) general policies for the implementation of those priorities and objectives;

(c) an account of such matters as the Secretary of State considers affect, or may come to affect, the development and use of land;

(d) any other matter which the Secretary of State considers appropriate to include.

(3) The National Planning Policy Framework may contain such maps, diagrams, illustrations, descriptive matter (if any) or other matters as the Secretary of State thinks appropriate.

(4) The Secretary of State is to—

(a) prepare and publish the framework, and

(b) keep it under review.

(5) At least every five years after publishing the framework under subsection (4)(a), the Secretary of State is either—

(a) to revise the framework, or

(b) to publish an explanation of why the Secretary of State has decided not to revise it.

(6) If the Secretary of State revised the framwork, the Secretary of State is to publish it as revised.

(7) The National Planning Policy Framework, or a revised framework, may be published only if the consultation and publicity requirement set out in section 2, and the parliamentary requirements set out in section 3, have been complied with in relation to it.

(2)Consulation and Publicity

(1) This section sets out the consultation and publicity requirements referred to in section 1(7).

(2) The Secretary of State must carry out such consultation, and arrange for such publicity, as the Secretary of State thinks appropriate in relation to the National Planning Policy Framework, or a revised framework. This is subject to subsection (3).

(3) Regulations may make provision in connection with additional requirements for consultation and publicity that the Secretary of State must comply with.

(4) The Secretary of State must have regard to the responses to the consultation and publicity in deciding whether to proceed with publishing the National Planning Policy Framework, or a revised framework.

Parliamentary requirements

(1) This section sets out the parliamentary requirements referred to in section 1(7).

(2) Before publication, the Secretary of State must lay the National Planning Policy Framework, or a revised framework, or a revised framework, before Parliament.

(3) Section 9 of the Planning Act 2008, which makes provision about the parliamentary requirements for national policy statements, is to apply in relation to the National Planning Policy Framework, or a revised framework.

Sustainable Development

(1) The Secretary of State must exercise the functions of preparing and revising the National Planning Policy Framework with the objective of achieving sustainable development.

(2) For the purposes of this section, the Secretary of State must act under any guidance, strategies or frameworks relating to sustainable development that may be adopted in England from time to time.

Status and Effect

(1) For the purposes of a planning decision, where there exists any conflict or inconsistency between the policies and objectives contained in the National Planning Policy Framework and any other planning document, the National Planning Policy Framework shall prevail.

(2) In this section—

(a) “planning decision” means—a development consent order under the Planning Act 2008;planning permission under the principal Act;

(b) “planning document” means—a national policy statement under Part 2 of the Planning Act 2008;the development plan;a neighbourhood development plan.”.’.

Local enterprise partnerships

  • Barbara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC8

(1) For the purpose of this section England may be divided into economic areas to form the basis of a Local Enterprise Partnership (LEP). The boundaries of the economic areas for each LEP are to be decided by the leaders of local authorities and are subject to approval by the Secretary of State.

(2) A local enterprise partnership can be established under this section as a body corporate as and when the board members of such an organisation consider appropriate.

(3) On being established as a body corporate a local enterprise partnership may be given formal powers by the Secretary of State to—

(a) request or have first refusal on the assets and liabilities of a regional development agency in their area.

(b) oversee local skills strategy and to influence public investment in skills.

(4) A local enterprise partnership shall have the following purposes—

(a) working with Government to set out key investment priorities, including transport infrastructure and supporting or coordinating project delivery;

(b) coordinating proposals or bidding directly for the Regional Growth Fund;

(c) supporting high growth businesses, for example through involvement in bringing together and supporting consortia to run new growth hubs;

(d) making representation on the development of national planning policy and ensuring business is involved in the development and consideration of strategic planning applications;

(e) leading changes in how businesses are regulated locally;

(f) strategic housing delivery, including pooling and aligning funding streams to support this;

(g) working with local employers, Jobcentre Plus and learning providers to help local workless people into jobs;

(h) coordinating approaches to gaining funding from the private sector;

(i) accessing and delivering European Regional Development Funding;

(j) exploring opportunities for developing financial and non-financial incentives on renewable energy projects and Green Deal; and

(k) becoming involved in delivery of other national priorities such as digital infrastructure.’.

Joint planning documents

  • Mr David Ward

UNSPECIFIED NC9

(1) Section 28 of the Planning and Compulsory Purchase Act 2004 (joint local development documents) is amended as follows.

(2) In the heading substitute “local development documents” with “planning documents”.

(3) After subsection (1) insert—

“(1A) Two or more planning authorities may agree to jointly prepare a strategic development plan document to address strategic needs or common matters arising in respect of the development or use of land or sea in their areas, including but not limited to—

(a) sustainable economic growth;

(b) the infrastructure of that area and how that infrastructure is used;

(c) housing;

(d) sustainable use of natural resources;

(e) the protection and enhancement of the natural environment; and

(f) climate change mitigation and adaptation.

(1B) For the purpose of subsection (1A), “planning authorities” includes local planning authorities and marine plan authorities.”.

(4) In subsection (2) after “joint local development document”, insert “or strategic development plan document”.

(5) In subsection (3) leave out “subsection (1)” and insert “subsections (1) and (1A)” and after “joint local development document”, insert “or strategic development document”.

(6) In subsection (5) leave out “subsection (1)” and insert “subsections (1) and (1A)”.

(7) After subsection (11) insert—

“(12) In this section—

(a) “marine plan authorities” has the same meaning as in section 50 of the Marine and Coastal Access Act 2009;

(b) “sea” has the same meaning as in section 42 of the Marine and Coastal Access Act 2009.”.’.

Community views

  • Mr David Ward

UNSPECIFIED NC10

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

(2) After section 19 insert—

“(19A)Community views

(1) Local planning authorities must have regard to any written expressions of community views in the preparation of local development frameworks so far as they relate to spatial planning.

(2) Where the local planning authority decides to set aside these views it must give written reasons.

(3) For the purpose of (1) the local planning authority must act under guidance as to the definition of “Community Views”.’.

Community right of appeal

  • Stephen Gilbert
  • Mr David Ward

UNSPECIFIED NC11

(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 78 (appeals to the Secretary of State against planning decisions and failure to take such decisions) after subsection (2) insert—

“(2A) Where a planning authority grants an application for planning permission and—

certain persons as specified in subsection (2B) below may by notice appeal to the Secretary of State, provided any one of the conditions in subsection (2C) below are met.

(a) the authority has publicised the application as not according with the development plan in force in the area in which the land to which the application relates is situated; or

(b) the application is one in which the authority has an interest as defined in section 316;

(2B) Persons who may by notice appeal to the Secretary of State against the appoval of planning permission in the circumstances specified in subsection (2A) above are—

(a) the ward councillors for the area who have lodged a formal objection to the planning application in writing to the planning authority, or where there is more than one councillor, all councillors by unanimity;

(b) any parish council or neighbourhood forum by two thirds majority voting, as defined in Section 61F, covering or adjoining the area of land to which the application relates is situated; or

(c) any overview and scrutiny committee by two thirds majority voting.

(2C) The conditions are:

(a) section 61W(1) of the Town and Country Planning Act 1990 applies to the application;

(b) the application is accompanied by an Environmental Impact Assessment;

(c) the planning officer has recommended refusal of planning permission.

(3) (3) Section 79 is amended as follows—

(a) In subsection (2), leave out “either” and after “planning authority”, insert “or the applicant (where different from the appellant)”;

(b) In subsection (6), after “the determination”, insert “(except for appeals as defined in section 78 (2A) and where the appellant is as defined in section 79 (2B)).”.’.

Tenancy deposit schemes

  • Stephen Gilbert
  • Mr David Ward

UNSPECIFIED NC12

(1) Section 213 of the Housing Act 2004 (requirements relating to tenancy deposits) is amended as follows.

(2) For subsection (3) substitute—

“(3) Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the deposit must be protected by the landlord within the period of 14 days beginning with the date on which it is received.”.

(3) For subsection (4) substitute—

“(4) For the purposes of this section, a deposit is protected when the landlord complies with such requirements of an authorised scheme as fall to be observed by a landlord for the purpose of subsection (1).”.

(4) In subsection 5(b), delete “initial”.

(5) After subsection (8), insert—

“(8A) Where a person becomes the landlord of premises held under a tenancy to which subsection (1) applies, but in respect of which the provisions of subsections (3) and (6) have not been complied with, for the purposes of this section that person shall be deemed to have received the deposit on the date of transfer of the reversion.

(8B) Where a shorthold tenancy in respect of which a tenancy deposit was paid by the tenant began before the commencement date of this section, and after the commencement date a replacement tenancy is entered into, the landlord shall be deemed to have received the deposit for the purposes of this section on the day on which the replacement tenancy began.”.

(6) After subsection (9), insert—

“(9A) For the purposes of this Chapter a replacement tenancy is a tenancy (whether of the same premises as those let under the earlier tenancy or otherwise)—

(a) which comes into being on the coming to an end of an assured shorthold tenancy, and

(b) under which, on its coming into being—the landlord is a person who (alone or jointly with others) was a landlord under the earlier tenancy; andthe tenant is a person who (alone or jointly with others) was a tenant under the earlier tenancy; andunder which the deposit, or part of the deposit, received by the landlord under the earlier tenancy (or under a previous tenancy) is retained by the landlord.”.

(7) Section 214 of the Housing Act 2004 (proceedings relating to tenancy deposits) is amended as follows.

(8) In subsection (1) for paragraph (a) substitute—

“(a) that the deposit has not been protected in accordance with section 213(4) or that section 213(6) has not been complied with; or”.

(9) In subsection (2) for paragraph (a) substitute—

“(a) that the deposit has not been protected in accordance with subsection (4) or that subsection (6) has not been complied with, or”.

(10) In subsection (3) after (b), insert “(unless the tenancy in question and any replacement tenancy have ended)”.

(11) For subsection (4) substitute—

“(4) The court must also order the landlord to pay to the applicant such additional sum of money as it shall consider reasonable being not less than the amount of the deposit nor more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.”.

(12) After subsection (6) insert—

“(7) In determining the sum of money payable by the landlord under subsection (4), the court shall have regard to all the circumstances, and in particular—

(a) the landlord’s reasons for his failure to comply with his obligations under this Chapter;

(b) whether the landlord knew, or ought to have known, of his obligations; and

(c) the length of time taken by the landlord in complying with his obligations.

In considering the extent of the landlord’s knowledge under subsection (7)(b), the court shall assume that the landlord knew, or ought to have known, of his obligations unless the contrary is proved.

In this section references to a tenant include any person or persons who is or was the tenant under a tenancy to which section 213(1) relates, or under any replacement tenancy.”.

(13) Section 215 of the Housing Act 2004 (sanctions for non-compliance) is amended as follows.

(14) In subsection (1) for paragraphs (a) and (b) substitute—

“(a) the deposit has not been protected (see section 213(4)), or

(b) the deposit is not being held in accordance with an authorised scheme”.’.

Homeless persons: advice and assistance

  • Barbara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC13

‘After section 184 of the Housing Act 1996 (Inquiry into cases of homelessness or threatened homelessness) insert—

“(184A)Prevention of homelessness: advice and assistance

(1) An authority may, in the course of its enquiries under section 184, provide advice and assistance to the applicant for the purpose of the prevention of homelessness.

(2) The applicant’s housing needs shall be assessed before the advice and assistance is provided under subsection (1).

(3) The advice and assistance provided under subsection (1) must include information about the likely availability in the authority’s district of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such accommodation).

(4) The advice and assistance provided under subsection (1), including the assessment of the housing needs of and options available to the applicant, shall, in addition to the information specified in subsection (3), set out the steps which in the opinion of the authority are required to resolve the applicant’s housing needs.

(5) Any advice and assistance or offer of future assistance provided or made in accordance with subsection (4) shall be notified in writing to the applicant at the time when such provision or offer takes place or as soon as reasonably practicable thereafter.

(6) Where at any time prior to the making of a decision under section 184(3) the authority proposes to procure or arrange for the applicant a private rented sector offer, the applicant is free to reject such an offer without affecting the duties owed to him by the authority under this Part.

(7) The authority shall secure that any offer of accommodation which is made in the circumstances described in subsection (3)—

(a) is an offer of a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least twelve months; and

(b) is accompanied by a statement in writing which specifies the term of the tenancy being offered and explains in ordinary language—that there is no obligation to accept the offer, butthat if the offer is accepted, the authority may decide that the applicant is no longer homeless or threatened with homelessness and the consequences of such a decision, andthe implication of the applicant deciding not to accept the offer.

(8) A notification or statement under subsection (2) or subsection (4)(b) shall inform the applicant of his right to seek independent advice in respect of the matters contained in that document.”.’.

Private rented sector accreditation schemes

  • Barbara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC14

(1) Every local housing authority must operate one or more voluntary accreditation schemes for landlords in the private rented sector.

(2) An authority may operate a landlord accreditation scheme itself or in conjunction with other persons and may delegate performance of this function, or aspects of this function, to another person.

(3) The Secretary of State shall by order:

(a) define the nature and scope of accreditation schemes;

(b) prescribe the criteria for membership of accreditation schemes;

(c) prescribe requirements as to the professional qualifications or standards of persons who will operate an accreditation scheme in conjunction with the authority or to whom it intends to delegate performance of this function;

(d) establish standards of conduct and practice (“the minimum standards”) with regard to the disposal and management of residential accommodation which shall be required as a condition of membership of accreditation schemes, including requirements as to the condition of premises let by accredited landlords;

(e) provide for a system of inspection of premises and monitoring of compliance with the minimum standards;

(f) to provide for means of redress where there has been a clear failure to meet minimum standards, including provision for termination of membership and procedures for review of decisions;

(g) make provisions concerning any matter relevant to the objectives, management and operation of accreditation schemes; and

(h) permit the scheme to consider and take action where a complaint is received or there are grounds for considering whether enforcement actions should be taken under legislation in relation to any premises owned or managed by a member of an accreditation scheme, in such circumstances and subject to such conditions as may be prescribed.’.

Efficient and effective planning

  • Barbara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC15

(1) Regulations may be made under this section with the purpose of securing the more efficient and effective operation of the procedures under the Planning Acts and in particular to give effect to the recommendations of—

(a) the Killian Pretty report, and

(b) the Penfold Review.

(2) Regulations under this section may—

(a) apply an enactment with or without modification;

(b) include provisions disapplying, modifying the effect of or amending an enactment.

(3) Regulations under this section—

(a) shall be made by statutory instrument;

(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.’.

Ability to waive compliance with procedures

  • Barbara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC16

(1) The Planning Act 2008 is amended as follows.

(2) After section 114 insert—

“(114A)Ability to waive compliance with procedures

(1) The Secretary of State may make rules as to the waiving of requirements that otherwise must be met before an order for development consent is made if compliance with those requirements would be unnecessary, impossible or impracticable.

(2) Rules under this section may authorise the Secretary of State—

in any case where he considers it appropriate to do so.

(a) to dispense with compliance with requirements of this Act or regulations made under it that would otherwise apply, and

(b) to comply with alternative requirements that would not otherwise apply,

(3) The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”’.

Integrated transport authorities and passenger transport executives

  • Barbara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC17

(1) The Local Transport Act 2008 is amended as follows.“Chapter 2A General Powers

(98A)General powers of Integrated Transport Authority

(1) An ITA may do—

(a) anything it considers appropriate for the purposes of the carrying-out of any of its functions, or otherwise for the purpose of improving the effectiveness and efficiency of transport in, through, to or from any part of the integrated transport area (its “functional purposes”),

(b) anything it considers appropriate for the purposes incidental to its functional purposes,

(c) anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes,

(d) anything it considers to be connected with—any of its functions, oranything it may do under paragraph (a), (b) or (c), and

(e) for a commercial purpose or otherwise anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose and to do it anywhere in the United Kingdom or elsewhere.

(2) An ITA’s power under subsection (1) is in addition to, and is not limited by, the other powers of the ITA.

(98B)Boundaries of the general power

(1) Section 98A(1) does not enable an ITA to do—

(a) anything which the ITA is unable to do by virtue of a pre-commencement limitation, or

(b) anything which the ITA is unable to do by virtue of a post-commencement limitation which is expressed to apply—to its power under section 98A(1),to all of the ITA’s powers, orto all of the ITA’s powers but with exceptions that do not include its power under section 98A(1).

(2) If exercise of a pre-commencement power of an ITA is subject to restrictions, those restrictions apply also to exercise of the power conferred on the ITA by section 98A(1) so far as it is overlapped by the pre-commencement power.

(3) Where under section 98A(1) an ITA does things for a commercial purpose, it must do them through—

(a) a company within the meaning given by section 1(1) of the Companies Act 2006, or

(b) a society registered or deemed to be registered under the Cooperative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969.

(4) Section 98A(1) does not authorise an ITA to do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.

(5) Section 98A(1) does not authorise an ITA to borrow money.

(6) In this section—

“post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

“pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

“pre-commencement power” means power conferred by a statutory provision that—

“statutory provision” means a provision of an Act or of an instrument made under an Act.

(a) is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or

(b) is contained in an instrument made under an Act and comes into force on or after the commencement of section 98A(1);

(a) is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

(d) is contained in an instrument made under an Act and comes into force before the commencement of section 98A(1);

(a) is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

(f) is contained in an instrument made under an Act and comes into force before the commencement of section 98A(1);

(98C)Power to make a provision supplemental to section 98A

(1) If the Secretary of State thinks that a statutory provision (whenever passed or made) prevents or restricts ITAs from exercising power conferred by section 98A(1) the Secretary of State may by order amend, repeal, revoke or disapply that provision.

(2) If the Secretary of State thinks that the power conferred by section 98A(1) is overlapped (to any extent) by another power then, for the purpose of removing or reducing that overlap, the Secretary of State may by order amend, repeal, revoke or disapply any statutory provision (whenever passed or made).

(3) The Secretary of State may by order make provision preventing ITAs from doing under section 98A(1) anything which is specified, or is of a description specified, in the order.

(4) The Secretary of State may by order provide for the exercise by ITAs of power conferred by section 98A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(5) The power under subsection (1), (2), (3) or (4) may be exercised in relation to—

(a) all ITAs,

(b) particular ITAs, or

(c) particular descriptions of ITAs.

(6) Before making an order under subsection (1), (2), (3) or (4) the Secretary of State must (whether before or after the passing of this Act) consult—

as the Secretary of State considers appropriate.

(a) such ITAs,

(b) such representatives of ITAs, and

(c) such other persons (if any),

(98D)Procedure for orders under section 98C

(1) If, as a result of any consultation required by section 98C(5) with respect to a proposed order under section 98C(1) it appears to the Secretary of State that it is appropriate to change the whole or any part of the Secretary of State’s proposals, the Secretary of State must (whether before or after the passing of this Act) undertake such further consultation with respect to the changes as the Secretary of State considers appropriate.

(2) If, after the conclusion of the consulation required by section 98C(5) and subsection (1), the Secretary of State considers it appropriate to proceed with the making of an order under section 98C(1) the Secretary of State must lay before Parliament—

(a) a draft of the order, and

(b) an explanatory document explaining the proposals and giving details of—any consultation undertaken under section 98C(5) and subsection (1),any representations received as a result of the consultation, andthe changes (if any) made as a result of those representations.

(3) Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 (choosing between negative, affirmative and super-affirmative parliamentary procedure) are to apply in relation to an explanatory document and draft order laid under subsection (2) but as if—

(a) section 18(11) of that Act were omitted,

(b) references to section 14 of that Act were references to subsection (2), and

(c) references to the Minister were references to the Secretary of State.

(4) Provision under section 98C(2) may be included in a draft order laid under subsection (2) and, if it is, the explanatory document laid with the draft order must also explain the proposals under section 98C(2) and give details of any consultation undertaken under section 98C(5) with respect to those proposals.

(5) Section 98C(6) does not apply to an order under section 9C(3) or (4) which is made only for the purposes of amending an earlier such order—

(a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.

(98E)Limits on charging in exercise of general power

(1) Subsection (2) applies where—

(a) an ITA provides a service to a person otherwise than for a commercial purpose and,

(b) its providing the service to the person is done, or could be done, in exercise of the general power.

(2) The general power confers power to charge the person for providing the service to the person only if—

(a) the service is not one that a statutory provision requires the authority to provide to the person,

(b) the person has agreed to its being provided, and

(c) the authority does not have power to charge for providing the service.

(3) The general power is subject to a duty to secure that, taking one financial year with another, the income from charges allowed by subsection (2) does not exceed the costs of provision.

(4) The duty under subsection (3) applies separately in relation to each kind of service.”.

(a) after section (98), insert—

(b) Omit Chapter 3 of Part 5 of the Act.

(2) In section 9A of the Transport Act 1968, before subsection (3), insert—

“(2A) Chapter 2A of Part 5 of the Local Transport Act 2008 applies to the Executive of each integrated transport area as it applies to the Authority.

(2B) The powers exercisable by an Executive by virtue of subsection (2A) are exercisable by the Executive in its own capacity.”.

(3) In section 1(4) of the Local Authorities (Goods and Services) Act 1970, after “and any joint authority established by Part IV of the Local Government Act 1985”, insert “ and any passenger transport executive established under section 9 of the Transport Act 1968”.’.

Compensation for compulsory purchase - assumptions as to planning permission

  • Barbara Keeley
  • Alison Seabeck
  • Jack Dromey

UNSPECIFIED NC19

(1) The Land Compensation Act 1961 is amended as follows.

(2) For sections 14, 15 and 16 substitute—

“(14)Planning permissions - actual and assumed

(1) For the purpose of assessing compensation in respect of any compulsory acquisition, the matters to be taken into account in ascertaining the value of the relevant interest shall include—

(a) any planning permission for development on the relevant land or any other land which is in force at the valuation date;

(b) the prospect, in the circumstances known to the market at the valuation date, of any other such planning permission being granted in the future; and

(c) the value attributable to development on the relevant land by itself or together with other land for which planning permission could reasonably have been expected to be granted where the assumptions mentioned in subsection (3) are made (“appropriate alternative development”).

(2) In determining the value attributable to appropriate alternative development for the purpose of subsection (1)(c) account shall be taken of—

(a) any planning permission for appropriate alternative development which could reasonably have been expected to be granted on an application considered on the valuation date where the assumptions mentioned in subsection (3) are made; and

(b) the prospect, on the assumptions mentioned in subsection (3), but otherwise in the circumstances known to the market at the valuation date, of planning permission for other development being granted in the future.

(3) The assumptions referred to in subsections (1) and (2) are that the circumstances at the date of determination of the application are the same as exist at the valuation date except that—

(a) the statutory project had been cancelled on whichever of the following dates shall apply—the date of first publication of notice of the making of the compulsory purchase order as required under the Acquisition of Land Act 1981;the date of first publication of notice of the application for compulsory purchase powers contained in any order to be made by the Secretary of State under any enactment; orthe date of first publication of notice of the deposit in Parliament of the Bill containing the power to purchase the land compulsorily;

(b) no action has been taken (including acquisition of any land, and any development or works) by the acquiring authority, wholly or mainly for the purpose of the statutory project; and

(c) there is no prospect of the same project, or any other project to meet the same or substantially the same need, being carried out in the exercise of a statutory function, or by the exercise of compulsory purchase powers.

(4) In this section “the statutory project” means the project, for which the authority has been authorised to acquire the relevant land, for a purpose to be carried out in the exercise of a statutory function.

(5) In cases of dispute, the area of the statutory project shall be determined by the Upper Tribunal as a question of fact subject to the following matters—

(a) the statutory project shall be taken to be the area of implementation of the authorised purposes within the area of the compulsory purchase instrument, save to the extent that it is shown (by either party) that it is part of a larger project; and

(b) save by agreement or in special circumstances, the Upper Tribunal shall not permit the authority to advance evidence of a larger project, other than one defined in the compulsory purchase instrument or the documents published with it.”.

(3) For section 17 substitute—

“(17)Alternative development certificate

(1) For the purpose of determining the permission or permissions to be taken into account under section 14(2)(a), either of the parties directly concerned may, at any time after the date of first publication of a notice mentioned in section 14(3)(a), apply to the local planning authority for an alternative development certificate.

(2) An “alternative development certificate” is a certificate stating—

(a) the opinion of the local planning authority as to the appropriate alternative development (if any) for which permission is to be taken into account under section 14(2)(a); and

(b) a general indication of any conditions, obligations or requirements to which the permission would reasonably have been expected to be subject.

(3) Subject to any appeal made under section 18 of this Act, or any direction of the Upper Tribunal given following such an appeal, an alternative development certificate shall be conclusive of the matters stated in it for the purposes of assessing compensatation.”.

(4) For section 18 substitute—

“(18)Appeals against alternative development certificates

(1) Where the local planning authority has issued an alternative development certificate under section 17 of this Act in respect of an interest in land—

may appeal to the Upper Tribunal against that certificate.

(a) any person entitled to claim compensation in respect of the compulsory acquisition of that interest, or

(b) any authority possessing compulsory purchase powers and by whom that interest is proposed to be acquired,

(2) In relation to any appeal made under this section the Upper Tribunal may—

(a) determine the timing and scope of the hearing of the appeal, having regard to any related compensation reference;

(b) direct that the appeal be determined on its own, or at the same time as a reference relating to the determination of compensation for which the certificate is required; and

(c) direct that the hearing of the appeal should take the form of a local inquiry before a planning inspector appointed by the Secretary of State, and that the inspector be given delegated power to determine the appeal on behalf of the Tribunal.”.

(5) For section 19 substitute—

“(19)Application of certificate procedure in special cases

(1) Subsection (2) applies where—

(a) the person entitled to an interest in land which is proposed to be acquired by an authority possessing compulsory purchase powers is absent from the Unitee Kingdom or cannot be found; and

(b) the compensation payable in respect of the interest falls to be determined by the valuation of a surveyor under section 58 of the Land Clauses Consolidation Act 1845.

(2) A surveyor appointed for the purpose described in subsection (1) may apply to the local planning authority for an alternative development certificate under section 17 before valuing the interest.

(3) Sections 17 and 18 shall apply to an application made under this section.

(4) An application made under this section shall be accompanied by a statement specifying the date on which a copy of the application has been or will be served on each of the parties directly concerned.

(5) Where the local planning authority issued a certificate to a surveyor following an application under this section, the authority shall serve copies of the certificate on both the parties directly concerned.”.

(6) For sections 20 and 21 substitute—

“(20)Power to prescibe matters relevant to Part III

(1) The provisions which may be made by a development order shall include provisions for regulating the manner in which applications under section 17 and 19 and appeals under section 18 are to be made and dealt with respectively, and in particular—

(a) for prescribing the time within which an alternative development certificate is required to be issued;

(b) for prescribing the manner in which notices of appeals under section 18 are to be given, and the time for giving any such notice; and

(c) for requiring local planning authorities to provide the Secretary of State and such other persons (if any) as may be prescribed by or under the order with such information relating to the application as may be prescribed.”’.

Right to buy receipts

  • Stephen Gilbert
  • Mr David Ward

UNSPECIFIED NC20

(1) In section 11 of the Local Government Act 2003, omit subsections (2)(b), (3) and (4).

(2) Any regulation made under section 11(2)(b) of the Local Government Act 2003 shall cease to have effect from 1 April 2012.’.

Powers of Secretary of State

  • Gavin Barwell

UNSPECIFIED NC21

‘If the Secretary of State thinks that a statutory provision (whenever passed or made) requires a local authority to fund a service from which its residents do not benefit the Secretary of State may by order amend, repeal, revoke or disapply that provision.’.

  • Greg Clark

175

Clause 201, page 166, line 17, leave out ‘primary’.

  • Greg Clark

176

Clause 205, page 168, line 21, leave out from ‘ 202(1)’ to ‘, and’ in line 22.

  • Greg Clark

177

Clause 205, page 168, line 24, leave out ‘The following provisions extend’ and insert ‘Section 108 extends’.

  • Greg Clark

178

Clause 205, page 168, leave out lines 27 to 29.

  • Greg Clark

179

Clause 205, page 168, line 29, at end insert—

‘(3A) Sections 201, 202 and 204, this section and sections 206 and 207 extend also to Northern Ireland.’.

  • Greg Clark

180

Clause 206, page 169, line 11, leave out ‘The following provisions’ and insert ‘Subject to subsections (1) and (3) to (6), provisions of this Act’.

  • Greg Clark

181

Clause 206, page 169, leave out lines 13 to 43.

  • Greg Clark

182

Clause 206, page 169, line 44, leave out from ‘provisions’ to ‘on’ in line 45 and insert ‘so far as relating to Wales come into force’.

  • Greg Clark

183

Clause 206, page 169, line 46, at end insert—

‘(za) Chapter 6 of Part 1,’.

  • Greg Clark

184

Clause 206, page 170, line 7, leave out subsection (4).

  • Greg Clark

185

Clause 206, page 170, line 27, at end insert—

‘(ka) section 120,’.

  • Greg Clark

186

Clause 206, page 170, line 29, after ‘ 202,’ insert ‘ 204,’.

  • Greg Clark

187

Clause 206, page 170, line 32, leave out ‘, (3) or (4)’ and insert ‘or (3)’.

  • Greg Clark

That certain written evidence already reported to the House be appended to the proceedings of the Committee.

17 January 2011

That the following provisions shall apply to the Localism Bill—

Committal

The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 10 March 2011.

The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.

25 January2011

(1) the Committee shall (in addition to its first meeting at 9.30 am on Tuesday 25 January) meet—

(a) at 4.00 pm on Tuesday 25 January;

(b) at 9.30 am and 12.30 pm on Thursday 27 January;

(c) at 10.30 am and 4.00 pm on Tuesday 1 February;

(d) at 9.30 am and 1.00 pm on Thursday 3 February;

(e) at 10.30 am and 4.00 pm on Tuesday 8 February;

(f) at 9.30 am and 1.00 pm on Thursday 10 February;

(g) at 10.30 am and 4.00 pm on Tuesday 15 February;

(h) at 9.30 am and 1.00 pm on Thursday 17 February;

(i) at 10.30 am and 4.00 pm on Tuesday 1 March;

(j) at 9.30 am and 1.00 pm on Thursday 3 March;

(k) at 10.30 am and 4.00 pm on Tuesday 8 March;

(l) at 9.30 am and 1.00 pm on Thursday 10 March;

(2) the Committee shall hear oral evidence in accordance with the following Table—

TABLE
Date Time Witness
Tuesday 25 January Until no later than 11.00 am Local Government Association; Localis; Centre for Local Economic Strategies; Local Government Information Unit.
Tuesday 25 January Until no later than 11.30 am Cllr. Keith Barrow, Leader of Shropshire Council; Cllr. Mike Jones, Leader of Cheshire West and Chester Council; Civic Voice.
Tuesday 25 January Until no later than 12.15 pm SOLACE; New Local Government Network; Prof. George Jones, Emeritus Professor of Government, London School of Economics; Prof. John Stewart, Emeritus Professor of Local Government and Administration, University of Birmingham.
Tuesday 25 January Until no later than 1.00 pm Greater London Authority; London Councils; Unison.
Tuesday 25 January Until no later than 5.00 pm Chartered Institute for Housing; Shelter; National Housing Federation; Brent Private Tenants Rights Group; Tenant Services Authority.
Tuesday 25 January Until no later than 6.00 pm Barratt Developments; Redrow; Taylor Wimpey; Emerson Group.
Tuesday 25 January Until no later than 7.00 pm Home Builders Federation; British Property Federation; National Federation of ALMOs; British Land.
Thursday 27 January Until no later than 10.25 am Confederation of British Industry; British Chambers of Commerce; Federation of Small Businesses.
Thursday 27 January Until no later than 1.15 pm Wildlife and Countryside Link; Royal Society for the Protection of Birds; Campaign to Protect Rural England; The Country Land and Business Association; Action with Communities in Rural England.
Thursday 27 January Until no later than 2.00 pm Town and Country Planning Association; Planning Officers Society; Royal Town Planning Institute; Royal Institute of Chartered Surveyors.
Thursday 27 January Until no later than 2.45 pm National Association of Local Councils; National Council for Voluntary Organisations; Association of Chief Executives of Voluntary Organisations; National Association for Voluntary and Community Action; Open Spaces Society.
Thursday 27 January Until no later than 3.30 pm Department for Communities and Local Government.

(3) proceedings on consideration of the Bill in Committee shall be taken in the following order: Clause 1; Schedule 1; Clauses 2 to 10; Schedule 2; Clause 11; Schedule 3; Clauses 12 to 14; Schedule 4; Clauses 15 to 56; Schedules 5 and 6; Clauses 57 to 64; Schedule 7; Clauses 65 to 89; Schedule 8; Clauses 90 to 96; Schedules 9 to 11; Clauses 97 to 101; Schedule 12; Clauses 102 to 107; Schedule 13; Clauses 108 to 133; Schedule 14; Clauses 134 to 140; Schedule 15; Clauses 141 to 150; Schedule 16; Clause 151; Schedule 17; Clauses 152 to 156; Schedule 18; Clauses 157 to 166; Schedules 19 and 20; Clauses 167 to 169; Schedule 21; Clauses 170 to 193; Schedule 22; Clauses 194 and 195; Schedule 23; Clauses 196 to 200; new Clauses; new Schedules; Clauses 201 to 203; Schedule 24; Clauses 204 to 207; remaining proceedings on the Bill;

(4) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.00 pm on Thursday 10 March.