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| | 2 | Consulation and Publicity |
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| | (1) | This section sets out the consultation and publicity requirements referred |
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| | (2) | The Secretary of State must carry out such consultation, and arrange for |
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| | such publicity, as the Secretary of State thinks appropriate in relation to |
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| | the National Planning Policy Framework, or a revised framework. This |
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| | is subject to subsection (3). |
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| | (3) | Regulations may make provision in connection with additional |
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| | requirements for consultation and publicity that the Secretary of State |
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| | |
| | (4) | The Secretary of State must have regard to the responses to the |
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| | consultation and publicity in deciding whether to proceed with |
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| | publishing the National Planning Policy Framework, or a revised |
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| | |
| | 3 | Parliamentary requirements |
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| | (1) | This section sets out the parliamentary requirements referred to in section |
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| | |
| | (2) | Before publication, the Secretary of State must lay the National Planning |
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| | Policy Framework, or a revised framework, or a revised framework, |
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| | |
| | (3) | Section 9 of the Planning Act 2008, which makes provision about the |
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| | parliamentary requirements for national policy statements, is to apply in |
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| | relation to the National Planning Policy Framework, or a revised |
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| | |
| | 4 | Sustainable Development |
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| | (1) | The Secretary of State must exercise the functions of preparing and |
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| | revising the National Planning Policy Framework with the objective of |
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| | achieving sustainable development. |
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| | (2) | For the purposes of this section, the Secretary of State must act under any |
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| | guidance, strategies or frameworks relating to sustainable development |
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| | that may be adopted in England from time to time. |
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| | |
| | (1) | For the purposes of a planning decision, where there exists any conflict |
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| | or inconsistency between the policies and objectives contained in the |
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| | National Planning Policy Framework and any other planning document, |
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| | the National Planning Policy Framework shall prevail. |
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| | |
| | (a) | “planning decision” means— |
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| | (i) | a development consent order under the Planning Act |
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| | (ii) | planning permission under the principal Act; |
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| | (b) | “planning document” means— |
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| | (i) | a national policy statement under Part 2 of the Planning |
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| | (ii) | the development plan; |
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| | (iii) | a neighbourhood development plan.”.’. |
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| | Local enterprise partnerships |
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| To move the following Clause:— |
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| | ‘(1) | For the purpose of this section England may be divided into economic areas to |
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| | form the basis of a Local Enterprise Partnership (LEP). The boundaries of the |
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| | economic areas for each LEP are to be decided by the leaders of local authorities |
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| | and are subject to approval by the Secretary of State. |
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| | (2) | A local enterprise partnership can be established under this section as a body |
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| | corporate as and when the board members of such an organisation consider |
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| | |
| | (3) | On being established as a body corporate a local enterprise partnership may be |
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| | given formal powers by the Secretary of State to— |
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| | (a) | request or have first refusal on the assets and liabilities of a regional |
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| | development agency in their area. |
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| | (b) | oversee local skills strategy and to influence public investment in skills. |
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| | (4) | A local enterprise partnership shall have the following purposes— |
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| | (a) | working with Government to set out key investment priorities, including |
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| | transport infrastructure and supporting or coordinating project delivery; |
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| | (b) | coordinating proposals or bidding directly for the Regional Growth |
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| | |
| | (c) | supporting high growth businesses, for example through involvement in |
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| | bringing together and supporting consortia to run new growth hubs; |
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| | (d) | making representation on the development of national planning policy |
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| | and ensuring business is involved in the development and consideration |
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| | of strategic planning applications; |
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| | (e) | leading changes in how businesses are regulated locally; |
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| | (f) | strategic housing delivery, including pooling and aligning funding |
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| | |
| | (g) | working with local employers, Jobcentre Plus and learning providers to |
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| | help local workless people into jobs; |
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| | (h) | coordinating approaches to gaining funding from the private sector; |
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| | (i) | accessing and delivering European Regional Development Funding; |
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| | (j) | exploring opportunities for developing financial and non-financial |
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| | 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 |
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| | |
| To move the following Clause:— |
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| | ‘(1) | Section 28 of the Planning and Compulsory Purchase Act 2004 (joint local |
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| | development documents) is amended as follows. |
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| | (2) | In the heading substitute “local development documents” with “planning |
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| | |
| | (3) | After subsection (1) insert— |
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| | “(1A) | Two or more planning authorities may agree to jointly prepare a strategic |
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| | development plan document to address strategic needs or common |
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| | matters arising in respect of the development or use of land or sea in their |
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| | areas, including but not limited to— |
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| | (a) | sustainable economic growth; |
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| | (b) | the infrastructure of that area and how that infrastructure is used; |
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| | |
| | (d) | sustainable use of natural resources; |
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| | (e) | the protection and enhancement of the natural environment; and |
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| | (f) | climate change mitigation and adaptation. |
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| | (1B) | For the purpose of subsection (1A), “planning authorities” includes local |
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| | planning authorities and marine plan authorities.”. |
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| | (4) | In subsection (2) after “joint local development document”, insert “or strategic |
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| | development plan document”. |
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| | (5) | In subsection (3) leave out “subsection (1)” and insert “subsections (1) and (1A)” |
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| | and after “joint local development document”, insert “or strategic development |
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| | |
| | (6) | In subsection (5) leave out “subsection (1)” and insert “subsections (1) and (1A)”. |
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| | (7) | After subsection (11) insert— |
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| | (a) | “marine plan authorities” has the same meaning as in section 50 |
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| | of the Marine and Coastal Access Act 2009; |
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| | (b) | “sea” has the same meaning as in section 42 of the Marine and |
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| | Coastal Access Act 2009.”.’. |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The Planning and Compulsory Purchase Act 2004 is amended as follows. |
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| | (2) | After section 19 insert— |
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| | |
| | (1) | Local planning authorities must have regard to any written expressions |
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| | of community views in the preparation of local development frameworks |
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| | so far as they relate to spatial planning. |
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| | (2) | Where the local planning authority decides to set aside these views it |
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| | must give written reasons. |
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| | (3) | For the purpose of (1) the local planning authority must act under |
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| | guidance as to the definition of “Community Views”.’. |
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| |
| | Community right of appeal |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Town and Country Planning Act 1990 is amended as follows. |
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| | (2) | In section 78 (appeals to the Secretary of State against planning decisions and |
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| | failure to take such decisions) after subsection (2) insert— |
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| | “(2A) | Where a planning authority grants an application for planning permission |
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| | |
| | (a) | the authority has publicised the application as not according with |
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| | the development plan in force in the area in which the land to |
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| | which the application relates is situated; or |
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| | (b) | the application is one in which the authority has an interest as |
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| | |
| | | certain persons as specified in subsection (2B) below may by notice |
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| | appeal to the Secretary of State, provided any one of the conditions in |
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| | subsection (2C) below are met. |
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| | (2B) | Persons who may by notice appeal to the Secretary of State against the |
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| | appoval of planning permission in the circumstances specified in |
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| | subsection (2A) above are— |
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| | (a) | the ward councillors for the area who have lodged a formal |
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| | objection to the planning application in writing to the planning |
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| | authority, or where there is more than one councillor, all |
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| | councillors by unanimity; |
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| | (b) | any parish council or neighbourhood forum by two thirds |
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| | majority voting, as defined in Section 61F, covering or adjoining |
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| | 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 |
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| | |
| | |
| | (a) | section 61W(1) of the Town and Country Planning Act 1990 |
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| | applies to the application; |
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| | (b) | the application is accompanied by an Environmental Impact |
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| | |
| | (c) | the planning officer has recommended refusal of planning |
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| | |
| | (3) | Section 79 is amended as follows— |
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| | (a) | In subsection (2), leave out “either” and after “planning authority”, insert |
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| | “or the applicant (where different from the appellant)”; |
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| | (b) | In subsection (6), after “the determination”, insert “(except for appeals as |
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| | defined in section 78 (2A) and where the appellant is as defined in section |
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| | |
| To move the following Clause:— |
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| | ‘(1) | Section 213 of the Housing Act 2004 (requirements relating to tenancy deposits) |
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| | |
| | (2) | For subsection (3) substitute— |
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| | “(3) | Where a landlord receives a tenancy deposit in connection with a |
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| | shorthold tenancy, the deposit must be protected by the landlord within |
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| | the period of 14 days beginning with the date on which it is received.”. |
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| | (3) | For subsection (4) substitute— |
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| | “(4) | For the purposes of this section, a deposit is protected when the landlord |
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| | complies with such requirements of an authorised scheme as fall to be |
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| | observed by a landlord for the purpose of subsection (1).”. |
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| | (4) | In subsection 5(b), delete “initial”. |
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| | (5) | After subsection (8), insert— |
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| | “(8A) | Where a person becomes the landlord of premises held under a tenancy |
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| | to which subsection (1) applies, but in respect of which the provisions of |
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| | subsections (3) and (6) have not been complied with, for the purposes of |
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| | this section that person shall be deemed to have received the deposit on |
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| | the date of transfer of the reversion. |
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| | (8B) | Where a shorthold tenancy in respect of which a tenancy deposit was paid |
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| | by the tenant began before the commencement date of this section, and |
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| | after the commencement date a replacement tenancy is entered into, the |
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| | landlord shall be deemed to have received the deposit for the purposes of |
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| | this section on the day on which the replacement tenancy began.”. |
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| | (6) | After subsection (9), insert— |
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|