Session 2010 - 11
Internet Publications
Other Bills before Parliament

Public Bill Committee: 1 March 2011

216

Localism Bill, continued

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:

(i)	living within environmental limits;

(ii)	ensuring a strong, healthy and just society;

(iii)

achieving a sustainable economy;

(iv)	promoting good governance; and

(v)	using 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

NC4

To move the following Clause:—

‘(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;

Public Bill Committee: 1 March 2011

217

Localism Bill, continued

(e)	under Part III of the principal Act in relation to

development control;

(f)	under Schedule 4A of the principal Act in relation to

local development orders;

(g)	under Schedule 4B of the principal Act in relation to

neighbourhood development orders;

(h)	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—

(i)	leave out “have regard to national” and insert “act in accordance

with”;

(ii)	leave out “guidance” and insert “any guidance strategies or

frameworks”;

(iii)

in subsection (3)(a) after “[subsection (1)(b)]”, insert “and

subsections (1)(d) to (h)”;

(iv)	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.’.

Public Bill Committee: 1 March 2011

218

Localism Bill, continued

Mitigation and adaption to climate change

Barbara Keeley

Alison Seabeck

Jack Dromey

NC5

To move the following Clause:—

‘(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

NC6

To move the following Clause:—

‘(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;

Public Bill Committee: 1 March 2011

219

Localism Bill, continued

(b)	may make provision as to—

(i)	the procedure to be followed in carrying out the assessment and

preparing the Housing Assessment Report;

(ii)	the time in which the Housing Assessment Report is to be

prepared;

(iii)

the form of the Housing Assessment Report and the matters

which it is to include;

(iv)	the consultation to be carried out by the local authority on its

proposed Housing Assessment Report; and

(v)	the 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

NC7

To move the following Clause:—

‘(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;

Public Bill Committee: 1 March 2011

220

Localism Bill, continued

(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.

3	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

Public Bill Committee: 1 March 2011

221

Localism Bill, continued

relation to the National Planning Policy Framework, or a revised

framework.

4	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.

5	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—

(i)	a development consent order under the Planning Act

2008;

(ii)	planning permission under the principal Act;

(b)	“planning document” means—

(i)	a national policy statement under Part 2 of the Planning

Act 2008;

(ii)	the development plan;

(iii)

a neighbourhood development plan.”.’.

Local enterprise partnerships

Barbara Keeley

Alison Seabeck

Jack Dromey

NC8

To move the following Clause:—

‘(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—

Public Bill Committee: 1 March 2011

222

Localism Bill, continued

(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

NC9

To move the following Clause:—

‘(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”.

© Parliamentary copyright	Revised 1 March 2011