Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 1 March 2011

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(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

NC10

To move the following Clause:—

‘(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

NC11

To move the following Clause:—

‘(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—

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(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;

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.

(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)	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

NC12

To move the following Clause:—

‘(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.”.

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(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—

(i)	the landlord is a person who (alone or jointly with

others) was a landlord under the earlier tenancy; and

(ii)	the tenant is a person who (alone or jointly with others)

was a tenant under the earlier tenancy; and

(iii)

under 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—

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“(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.

(8)	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.

(9)	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

NC13

To move the following Clause:—

‘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

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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—

(i)	that there is no obligation to accept the offer, but

(ii)	that 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,

and

(iii)

the 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

NC14

To move the following Clause:—

‘(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

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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

NC15

To move the following Clause:—

‘(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.’.

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Ability to waive compliance with procedures

Barbara Keeley

Alison Seabeck

Jack Dromey

NC16

To move the following Clause:—

‘(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—

(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,

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

(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.”’.

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.

© Parliamentary copyright	Revised 1 March 2011