Session 2010 - 11
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Public Bill Committee: 8 March 2011                     

312

 

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: 8 March 2011                     

313

 

Localism Bill, continued

 
 

Compensation for compulsory purchase - assumptions as to planning permission

 

Barbara Keeley

 

Alison Seabeck

 

Jack Dromey

 

NC19

 

To move the following Clause:—

 

‘(1)    

The Land Compensation Act 1961 is amended as follows.

 

(2)    

For sections 14, 15 and 16 substitute—

 

“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 other 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 mentioned 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 other development

 

being granted in the future.

 

(3)    

The assumptions referred to in subsections (1) and (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 whichever of the

 

following dates shall apply—

 

(i)    

the date of first publication of notice of the making of the

 

compulsory purchase order as required under the

 

Acquisition of Land Act 1981;

 

(ii)    

the date of first publication of notice of the application

 

for compulsory purchase powers contained in any order

 

to be made by the Secretary of State under any

 

enactment; or

 

(iii)    

the date of first publication of notice of the deposit in

 

Parliament of the Bill containing the power to purchase

 

the land compulsorily;


 
 

Public Bill Committee: 8 March 2011                     

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Localism Bill, continued

 
 

(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.

 

(4)    

In this section “the statutory project” means the project, for which the

 

authority has been authorised to acquire the relevant land, for a purpose

 

to be carried out in the exercise of a statutory function.

 

(5)    

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

 

by the Upper Tribunal as a question of fact subject 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 instrument, save to the extent that it is

 

shown (by either party) that it is part of a larger project; and

 

(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

 

instrument or the documents published with it.”.

 

(3)    

For section 17 substitute—

 

“17    

Alternative development certificate

 

(1)    

For the purpose of determining the permission or permissions to be taken

 

into account under section 14(2)(a), either of the parties directly

 

concerned may, at any time after the date of first publication of a notice

 

mentioned in section 14(3)(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 appropriate

 

alternative development (if any) for which permission is to be

 

taken into account under section 14(2)(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 made 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 compensatation.”.

 

(4)    

For section 18 substitute—

 

“18    

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 and by

 

whom that interest is proposed to be acquired,

 

    

may appeal to the Upper Tribunal against that certificate.


 
 

Public Bill Committee: 8 March 2011                     

315

 

Localism Bill, continued

 
 

(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;

 

(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 by the

 

Secretary of State, and that the inspector be given delegated

 

power to determine the appeal on behalf of the Tribunal.”.

 

(5)    

For section 19 substitute—

 

“19    

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 Unitee 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 17 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 issued a certificate to a surveyor

 

following an application under this section, the authority shall serve

 

copies of the certificate on both the parties directly concerned.”.

 

(6)    

For sections 20 and 21 substitute—

 

“20    

Power to prescibe 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 section

 

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


 
 

Public Bill Committee: 8 March 2011                     

316

 

Localism Bill, continued

 
 

or under the order with such information relating to the

 

application as may be prescribed.”’.

 


 

Right to buy receipts

 

Stephen Gilbert

 

Mr David Ward

 

NC20

 

To move the following Clause:—

 

‘(1)    

In section 11 of the Local Government Act 2003, omit subsections (2)(b), (3) and

 

(4).

 

(2)    

Any regulation made under section 11(2)(b) of the Local Government Act 2003

 

shall cease to have effect from 1 April 2012.’.

 


 

Powers of Secretary of State

 

Gavin Barwell

 

NC21

 

To move the following Clause:—

 

‘If the Secretary of State thinks that a statutory provision (whenever passed or

 

made) requires a local authority to fund a service from which its residents do not

 

benefit the Secretary of State may by order amend, repeal, revoke or disapply that

 

provision.’.

 


 

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’.


 
 

Public Bill Committee: 8 March 2011                     

317

 

Localism Bill, continued

 
 

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’.

 

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)’.

 



 
 

Public Bill Committee: 8 March 2011                     

318

 

Localism Bill, continued

 
 

Greg Clark

 

 

That certain written evidence already reported to the House be appended to the proceedings of

 

the Committee.

 

 

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

 

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;


 
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