Session 2010 - 11
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Public Bill Committee: 3 March 2011

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Localism Bill, continued

(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.”.

(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”.’.

Public Bill Committee: 3 March 2011

272

Localism Bill, continued

Assumptions as to planning permission

Barbara Keeley

Alison Seabeck

Jack Dromey

NC18

To move the following Clause:—

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

(2)	Omit sections (14) to (22).

(3)	After section (13), insert—

“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 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 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 appropriate alternative

development being granted in the future.

(3)	The assumptions mentioned in subsection (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 the date of the

publication of notice of the making of the compulsory purchase

order as required under the Acquisition of Land Act 1981, or the

application for compulsory purchase powers contained in any

order to be made by the Secretary of State under any enactment;

(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.

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Localism Bill, continued

(4)	In this section “statutory project” means the project, for a purpose to be

carried out in the exercise of a statutory function, for which the authority

has been authorised to acquire the relevant land.

(5)	In cases of dispute, the area of the statutory project shall be determined

by the Upper Tribunal as a question of fact subjected 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 order, save to the extent that it is shown (by

either party) that it is part of a larger project;

(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

order or the documents published with it.

Part 3

Certification by Planning Authorities of Appropriate Alternative

Development

15	Alternative development certificate

(1)	For the purpose of determining the permission or permissions to be

assumed under section 14(3)(a), either of the parties directly concerned

may, at any time after the date of publication of a notice mentioned in

section 14(2)(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 classes of

appropriate alternative development (if any) for which

permission is to be assumed under section 14(3)(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 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 compensation.

16	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—

(a)	any person entitled to claim compensation in respect of the

compulsory acquisition of that interest, or

(b)	any authority possessing compulsory purchase powers by whom

that interest is proposed to be acquired,

may appeal to the Upper Tribunal against that certificate.

(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;

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Localism Bill, continued

(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 for the

purpose by the Chief Planning Inspector), and that the inspector

be given delegated power to determine the appeal on behalf of

the Tribunal.

17	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 United 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 15 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 issues a certificate to a surveyor

following an application under this section, the authority shall serve

copies of the certificate on both parties directly concerned.

18	Power to prescribe 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 sections

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.

19	Interpretation of Part III

(1)	In this Part “the parties directly concerned”, in relation to an interest in

land, means the person entitled to the interest and the authority by whom

it is proposed to be acquired.

(2)	For the purposes of sections 17 and 18, an interest in land shall be taken

to be an interest proposed to be acquired by an authority possessing

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Localism Bill, continued

compulsory purchase powers in the following (but no other)

circumstances—

(a)	where, for the purposes of a compulsory acquisition by that

authority of land consisting of or including land in which that

interest subsists, a notice required to be published or served in

connection with that acquisition, either by an Act or by any

Standing Order of either House of Parliament relating to

petitions for private bills, has been published or served in

accordance with that Act or Order; or

(b)	where a notice requiring the purchase of that interest has been

served under any enactment, and in accordance with that

enactment that authority is to be deemed to have served a notice

to treat in respect of that interest; or

(c)	where an offer in writing has been made by or on behalf of that

authority to negotiate for the purchase of that interest.”.’.

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’.

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Localism Bill, continued

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)’.

Order of the House [17 January 2011]

That the following provisions shall apply to the Localism Bill—

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 10 March 2011.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	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.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

Public Bill Committee: 3 March 2011

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Localism Bill, continued

proceedings on consideration and Third Reading.

Other proceedings

7.	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.

Order of the Committee [25 January 2011]

That—

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

© Parliamentary copyright	Revised 3 March 2011