Session 2010 - 11
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Other Bills before Parliament


 
 

Public Bill Committee: 3 March 2011                     

252

 

Localism Bill, continued

 
 

Barbara Keeley

 

Alison Seabeck

 

Jack Dromey

 

267

 

Clause  153,  page  130,  line  22,  leave out ‘is not’ and insert ‘may be’.

 

Barbara Keeley

 

Alison Seabeck

 

Jack Dromey

 

268

 

Clause  153,  page  130,  line  23,  leave out ‘unless it is made’.

 


 

Mr Nick Raynsford

 

126

 

Clause  169,  page  148,  line  34,  leave out ‘must’ and insert ‘may’.

 

Barbara Keeley

 

Alison Seabeck

 

Jack Dromey

 

269

 

Parliamentary Star - white    

Clause  169,  page  148,  line  44,  at end insert—

 

‘(4A)    

A Mayoral Development Corporation must be governed by a board, which

 

includes a number of representatives from London borough councils not less than

 

one sixth of the total number of board members.’.

 

Mr Nick Raynsford

 

127

 

Clause  169,  page  149,  line  3,  at end insert ‘and any of the persons listed in section

 

168(4).’.

 

Barbara Keeley

 

Alison Seabeck

 

Jack Dromey

 

270

 

Parliamentary Star - white    

Clause  169,  page  149,  line  4,  at end insert—

 

‘(6A)    

This section shall cease to have effect at the end of two years beginning with the

 

day on which this Chapter comes fully into force.’.

 


 

Greg Clark

 

173

 

Clause  173,  page  151,  line  41,  after ‘has’ insert ‘(whether before or after the

 

passing of this Act)’.

 



 
 

Public Bill Committee: 3 March 2011                     

253

 

Localism Bill, continued

 
 

Greg Clark

 

174

 

Clause  185,  page  157,  line  28,  after ‘has’ insert ‘(whether before or after the

 

passing of this Act)’.

 


 

Barbara Keeley

 

Alison Seabeck

 

Jack Dromey

 

271

 

Parliamentary Star - white    

Clause  195,  page  162,  line  23,  at end insert—

 

‘(g)    

open air recreation and enjoyment.’.

 


 

New Clauses

 

Pay transparency statement by local authority contractors

 

Barbara Keeley

 

Alison Seabeck

 

Jack Dromey

 

NC1

 

To move the following Clause:—

 

‘(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.


 
 

Public Bill Committee: 3 March 2011                     

254

 

Localism Bill, continued

 
 

(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

 

NC3

 

To move the following Clause:—

 

‘(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:


 
 

Public Bill Committee: 3 March 2011                     

255

 

Localism Bill, continued

 
 

(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;

 

(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)”;


 
 

Public Bill Committee: 3 March 2011                     

256

 

Localism Bill, continued

 
 

(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.’.

 


 

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.


 
 

Public Bill Committee: 3 March 2011                     

257

 

Localism Bill, continued

 
 

(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;

 

(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.


 
 

Public Bill Committee: 3 March 2011                     

258

 

Localism Bill, continued

 
 

(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;

 

(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.


 
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Revised 3 March 2011