Notices of Amendments: 10 February 2011

121

Localism Bill, continued

“(c)	the implementation of any measures for planning at a

strategic level, including the duty to cooperate outlined

within section 33A;

(d)	the extent of engagement with other persons under

section 33A and how such engagement has helped to

address cross-boundary issues; and

(e)	the extent of action taken in respect of the duties under

sections 19(1A) and 39 of this Act and how such action

has helped to achieve sustainable development and

mitigation of an adaptation to climate change.”.

(3A)	After subsection (2) insert—

“(2A)

Local planning authorities must exercise the function under subsection

(2) with the aim of promoting and supporting public participation in local

decision-making and planning.”.’.

Mr David Ward

203

Schedule  8,  page  287,  line  3,  leave out from ‘documents)’ to end of line 4 and

insert—

‘(a)	leave out paragraph (b) and insert—

“(b)	any strategic development plan document that has been

adopted in respect of any part of the authority’s area or

an adjoining area;”.

(b)	in paragraph (d) leave out “[the regional strategy] for any region” and

insert “any development plan document or other development documents

for any area”.’.

Mr David Ward

204

Schedule  8,  page  287,  line  10,  at end insert—

‘(12A)

In section 38(2)(a) leave out “and” and insert—

“(aa)

any strategic development plan document that has been adopted

in relation to that area, and”.’.

Mr David Ward

205

Schedule  8,  page  287,  line  12,  leave out ‘omit paragraph (a)’ and insert ‘in

paragraph (a) omit “the [regional strategy] for the region in which the area is situated” and

insert “any strategic development plan document that has been adopted in relation to that

area.”.’.

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—

Notices of Amendments: 10 February 2011

122

Localism Bill, continued

“19A	Community views

(1)	LPA must have regard to any written expressions of community views in

the preparation of LDFs so far as they relate to spatial planning.

(2)	Where the LPA decides to set aside these views it must give written

reasons.

(3)	For the purpose of (1) the LPA must act under guidance as to the

definition of “Community Views”.’.

Mr David Ward

206

Schedule  9,  page  290,  line  9,  leave out from ‘if’ to end of line 10 and insert—

‘(a)	the relevant authority has carried out a Community Governance Review

for that area,

(b)	it is designated by a local planning authority as a neighbourhood forum

for that area, and

(c)	for the purposes of paragraph (a) a Community Governance Review is as

defined in the Local Government and Public Involvement in Health Act

2007, Part 4, Chapter 3, section 79.’.

Mr David Ward

207

Schedule  9,  page  290,  line  14,  leave out paragraph (5) and insert—

‘(5)	A local planning authority may designate an organisation or body as a

neighbourhood forum if the authority is reasonably satisfied that—

(a)	it is established for the express purpose of furthering the social, economic

and environmental well-being of individuals living, or wanting to live or

businesses registered;

(b)	the membership of the organisation or body is open to individuals living,

or wanting to live, or businesses registered, in the neighbourhood or area

concerned;

(c)	it is competent to undertake the task of preparing a neighbourhood plan

with appropriate professional support; and

(d)	it is representative of different sections of the community.

(6)	A local planning authority may set such conditions on the designation of a

neighbourhood forum such as probity, transparency and any other conditions the

LPA deems appropriate and set out in the document required under Schedule 10,

Clause 1.’.

Mr David Ward

208

Schedule  9,  page  290,  line  28,  leave out paragraph (6).

Mr David Ward

209

Schedule  9,  page  290,  leave out line 41 and insert—

‘(a)	may be withdrawn by a local planning authority if the neighbourhood

forum does not comply with the reasonable conditions placed on its

operation.’.

Notices of Amendments: 10 February 2011

123

Localism Bill, continued

Mr David Ward

210

Schedule  9,  page  297,  line  27,  leave out paragraph (4) and insert—

‘(4)	A local planning authority must make a neighbourhood development plan or

order unless—

(a)	one or more of the relevant ward members expresses disagreement;

(b)	the local planning authority receives a petition signed by a minimum of

5 per cent. of voters in the areas covered by the plan or order, or

(c)	the local authority thinks it expedient to hold a referendum.

(5)	If provisions in section 38A(4) apply then the local authority must hold a

referendum.

(6)	The local authority must make a neighbourhood development plan as soon as

practicable if it is satisfied that no objections as outlined in section 38A(4) have

been received or if conditions in section 38A(4) have been met after any

referendum is held and if more than half of those voting in a referendum under

that paragraph have voted in favour of the plan or order.’.

Mr David Ward

211

Schedule  10,  page  308,  line  10,  after ‘area’, insert ‘and

‘(c)	where the plan or order relates to development for the purposes of

commercial activity, the owner of a business registered to pay non-

domestic rates in the referendum area.’.

Mr David Ward

212

Schedule  10,  page  301,  line  2,  leave out sub-paragraph (1) and insert—

‘(1)	A local planning authority must give advice or assistance to qualifying bodies.

(1A)	The resourcing and sequencing of advice and assistance to qualifying bodies will

be determined by the local planning authority in consultation with the local

community.’.

Mr David Ward

213

Schedule  10,  page  301,  line  9,  leave out ‘regulations’ and insert ‘Local’.

Mr David Ward

214

Schedule  10,  page  307,  line  34,  leave out sub-paragraph (1) and insert—

‘(1)	This paragraph makes provision in relation to a referendum that, as a result of

section 38A paragraph 7(4) may be held on the making of a neighbourhood plan.’.

Mr David Ward

215

Schedule  10,  page  307,  line  39,  leave out from ‘place’ to end of line 40.

© Parliamentary copyright	Revised 11 February 2011