Session 2010 - 11
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Other Bills before Parliament


 
 

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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

 

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—


 
 

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(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—

 

(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


 
 

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(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”.

 

(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.”.’.

 



 
 

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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—

 

(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


 
 

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(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.”.

 

(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—


 
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