Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 8 February 2011

80

Localism Bill, continued

Barbara Keeley

Alison Seabeck

Jack Dromey

105

Clause  71,  page  51,  line  17,  leave out subsections (3) and (4) and insert—

‘(3)	Where land is included in a local authority’s list of assets of community value the

entry for that land is to be removed from the list after a period to be specified by

the appropriate authority, by regulations, of not less than five years.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

104

Clause  71,  page  52,  line  3,  at end insert—

‘(7)	A list of assets of community value shall not include land or assets that are

Operational Land.

(8)	In this section “Operational Land” means—

(a)	in relation to statutory undertakers—

(i)	land which is used for the purpose of carrying on their

undertaking, and

(ii)	land in which an interest is held for that purpose;

(b)	in relation to public bodies that are not statutory undertakers, land which

is used for the purpose of carrying on their functions and duties.’.

Stephen Gilbert

Mr David Ward

122

Clause  72,  page  52,  line  7,  at end insert ‘, except that land of community value may

only be land owned by a relevant public authority.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

106

Clause  73,  page  53,  line  10,  leave out sub-paragraph (iii) and insert—

‘(iii)

by other persons resident, or community organisations based,

within the local authority’s area unless otherwise prescribed by

the appropriate authority.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

107

Clause  73,  page  53,  line  11,  at end insert—

‘(2A)

For the purposes of subsection (2)(b) “community organisation” means a body—

(a)	that carries on activities primarily for the benefit of the community,

Public Bill Committee: 8 February 2011

81

Localism Bill, continued

(b)	whose activities are not carried on for profit, and

(c)	whose activities are based primarily within the local authority’s area.

(2B)	The fact that an organisation’s activities generate a financial surplus does not

prevent it from being a community organisation for the purposes of subsection

(2)(b) so long as that surplus is used for the purposes of those activities or

invested in the community.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

108

Clause  73,  page  53,  line  15,  leave out paragraph (b).

Barbara Keeley

Alison Seabeck

Jack Dromey

129

Clause  74,  page  53,  line  38,  at end insert—

‘(7)	The authority must publish in print and online, in a format easily understandable

and useable by communities, information on community nominations and a guide

for communities on the related process.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

109

Clause  76,  page  54,  line  32,  at end insert ‘and this review must take no longer than

12 weeks’.

Barbara Keeley

Alison Seabeck

Jack Dromey

110

Clause  76,  page  55,  line  10,  leave out ‘appeals’ and insert ‘an independent appeals

process’.

Barbara Keeley

Alison Seabeck

Jack Dromey

130

Clause  78,  page  55,  line  42,  after ‘publish’, insert ‘in print and online in a format

Public Bill Committee: 8 February 2011

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Localism Bill, continued

rendered easily understandable and useable by communities’.

Barbara Keeley

Alison Seabeck

Jack Dromey

116

Clause  79,  page  56,  line  22,  leave out ‘C’ and insert ‘D’.

Barbara Keeley

Alison Seabeck

Jack Dromey

117

Clause  79,  page  56,  line  31,  at end insert—

‘(4A)

Condition D is that, where the owner is a public body or third sector organisation,

any relevant community interest group has been provided with the option of first

refusal to purchase the asset, with regulations for this purpose specified by the

appropriate authority.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

131

Clause  79,  page  56,  line  33,  at end insert—

‘(5A)

The authority must publish in print and online, in a format easily understandable

and useable by communities, information on the moratorium on disposing of

listed land and a guide for communities on the related process.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

111

Clause  79,  page  57,  line  5,  after ‘authority’, insert ‘following consultation with

appropriate bodies for a period of not less than 12 weeks,’.

Stephen Gilbert

Mr David Ward

120

Clause  82,  page  58,  line  2,  leave out ‘may’ and insert ‘must’.

Stephen Gilbert

Mr David Ward

121

Clause  82,  page  58,  line  4,  leave out ‘may’ and insert ‘must’.

Public Bill Committee: 8 February 2011

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Localism Bill, continued

Barbara Keeley

Alison Seabeck

Jack Dromey

112

Clause  82,  page  58,  line  18,  leave out first ‘the’ and insert ‘an independent’.

Stephen Gilbert

Mr David Ward

119

Clause  95,  page  67,  leave out lines 4 to 46.

Andrea Leadsom

Graham Stuart

Jackie Doyle-Price

Chris Heaton-Harris

Simon Reevell

Andrew Griffiths

1

Schedule  9,  page  299,  line  11,  after ‘(1)(b)’, insert ‘except that for the purpose of

this definition the reference to “50 megawatts” in section 15(2)(c) of the Planning Act

2008 is to be read as “100 megawatts”’.

Mr Nick Raynsford

128

Schedule  10,  page  303,  leave out lines 17 and 18.

Mr Nick Raynsford

126

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

Mr Nick Raynsford

127

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

168(4).’.

Public Bill Committee: 8 February 2011

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Localism Bill, continued

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.

(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.”’.

Public Bill Committee: 8 February 2011

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Localism Bill, continued

Community right of appeal

Stephen Gilbert

Mr David Ward

NC2

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 local planning authority grants an application for planning

permission and—

(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

approval 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;

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

voting.

(2C)	The conditions are—

(a)	the application falls within the development plan in force in the

area,

(b)	the application is accompanied by an Environmental Impact

Assessment, and

(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)”; and

(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 78 (2B))”.’.

Order of the House [17 January 2011]

That the following provisions shall apply to the Localism Bill—

Public Bill Committee: 8 February 2011

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Localism Bill, continued

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

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 15 February 2011