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Localism Bill, continued

‘(7)	For section 23 (adoption of local development documents) insert—

“(4)	Subject to the subsection (6) if a development plan document has not

been adopted by the appointed day it cannot constitute a reason for

refusing planning permission.

(5)	For the purposes of subsection (4) the appointed day shall be the earlier

of—

(a)	3 months from the date of the recommendation given by the

person appointed to carry out the independent examination; or

(b)	the date set for adoption as contained in the local planning

authority’s local development scheme;

(c)	31 December 2012; and

(d)	such other date as the Secretary of State may direct.

(6)	Subsection (4) does not apply in relation to a replacement or revision of

an adopted development plan document.’.

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.

Barbara Keeley

Alison Seabeck

Jack Dromey

132

Schedule  10,  page  303,  line  47,  at end insert—

‘(4)    

(a)	The examiner must exercise the functions in this Schedule with the

objective of achieving sustainable development.

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Localism Bill, continued

(b)	For the purpose of subsection (4)(a), the independent examiner must act

in accordance with any guidance issued by the Secretary of State.’.

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).’.

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.

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Localism Bill, continued

(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.”’.

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.

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Localism Bill, continued

(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))”.’.

Purpose of planning

Barbara Keeley

Alison Seabeck

Jack Dromey

NC3

To move the following Clause:—

‘(1)	The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2)	Before section 1 insert—

“A1	Purpose of Planning

(1)	The purpose of the planning system is to achieve sustainable

development.

(2)	Any person exercising functions and duties under the planning Acts must

do so with the objective of achieving sustainable development.

A2	Interpretation

(1)	In the planning Acts “sustainable development” means managing the use,

development, and protection of land and natural resources in a way, or at

a rate, which protects the long-term health of the environment, maintains

biodiversity and enables people and communities to provide for their

social, economic and cultural wellbeing while sustaining the potential of

future generations to meet their own needs.

(2)	The definition of “sustainable development” may be further refined

through guidance, strategies or frameworks that may be adopted in

England and Wales from time to time for the purpose of establishing

principles or criteria for practical application.

(3)	In achieving sustainable development, planning should:

(a)	promote the long term spatial organisation of land and natural

resources; and

(b)	apply the following principles:

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Localism Bill, continued

(i)	living within environmental limits;

(ii)	ensuring a strong, healthy and just society;

(iii)

achieving a sustainable economy;

(iv)	promoting good governance; and

(v)	using sound science responsibly.

A3	In this Part ‘the planning Acts’ means:

(a)	the Planning Act 2008;

(b)	the Planning and Compulsory Purchase Act 2004;

(c)	the Town and Country Planning Act 1990;

(d)	the Planning (Listed Buildings and Conservation Areas) Act

1990;

(e)	the Planning (Hazardous Substances) Act 1990; and

(f)	the Planning (Consequential Provisions) Act 1990.”.’.

Sustainable development

Barbara Keeley

Alison Seabeck

Jack Dromey

NC4

To move the following Clause:—

‘(1)	The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2)	In section 39 (sustainable development)—

(a)	In subsection (1) after “function—”, insert—

“(aa)

under the planning Acts in relation to any national

policies, frameworks or guidance issued;”.

(b)	In subsection (1)(c) after ‘plan’, leave out “.” and insert—

“(d)	under sections 38A to 38C of this Act in relation to

neighbourhood development plans;

(e)	under Part III of the principal Act in relation to

development control;

(f)	under Schedule 4A of the principal Act in relation to

local development orders;

(g)	under Schedule 4B of the principal Act in relation to

neighbourhood development orders;

(h)	under Schedule 4C of the principal Act in relation to

community right to build orders.”.

(c)	In subsection (2) leave out “contributing to the achievement of” and

insert “achieving”.

(d)	Subsection (3) is amended as follows—

(i)	leave out “have regard to national” and insert “act in accordance

with”;

(ii)	leave out “guidance” and insert “any guidance strategies or

frameworks”;

(iii)

in subsection (3)(a) after “[subsection (1)(b)]”, insert “and

subsections (1)(d) to (h)”;

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Localism Bill, continued

(iv)	in subsection (3)(b) after “subsection (1)(c)”, insert “and

subsections (1)(e) and (1)(f) as they relate to Wales”.

(3)	Section 10 of the Planning Act 2008 (sustainable development) is amended as

follows:

(a)	in subsection (1) after “sections 5 and 6”, insert “and Part 6”;

(b)	in subsection (2) leave out “contributing to the achievement of” and

insert “achieving”;

(c)	in subsection (3) leave out “have regard to the desirability of” and insert

“ensure that (taken as a whole) the development and use of land under

this Act contribute to”;

(d)	after subsection (3) insert—

“(4)	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 the United

Kingdom from time to time”.

(4)	In this Part “the planning Acts” means—

(a)	the Planning Act 2008;

(b)	the Planning and Compulsory Purchase Act 2004;

(c)	the Town and Country Planning Act 1990;

(d)	the Planning (Listed Buildings and Conservation Areas) Act 1990;

(e)	the Planning (Hazardous Substances) Act 1990; and

(f)	the Planning (Consequential Provisions) Act 1990.’.

Mitigation and adaption to climate change

Barbara Keeley

Alison Seabeck

Jack Dromey

NC5

To move the following Clause:—

‘(1)	In Part 3 of the Planning and Compulsory Purchase Act 2004 insert—

“39A	Climate Change

(1)	This section applies to any person who or body which exercises any

function—

(a)	under Part 2 in relation to local development documents;

(b)	under Part 4 in relation to development control;

(c)	under Part 6 in relation to the Wales spatial plan or a local

development plan; and

(d)	under Schedule 4 of the Planning Act 1990 in relation to

neighbourhood development plans and neighbourhood

development orders.

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Localism Bill, continued

(2)	The person or body must exercise the function to ensure that the

development and use of land in the local planning authority area

contributes to the mitigation of, and adaptation to, climate change.’.

Housing assessment report

Barbara Keeley

Alison Seabeck

Jack Dromey

NC6

To move the following Clause:—

‘(1)	A local authority must carry out an assessment in accordance with this section

(a)	prior to the preparation of a development plan document; and

(b)	when required by the Secretary of State to do so.

(2)	The assessment referred to in subsection (1) must, in relation to any period

specified in the requirement, assess housing provision and the provision of related

services in the authority’s area, including in particular—

(a)	the nature and condition of the housing stock;

(b)	the needs of persons living in or wanting to live in the area for housing

accommodation including affordable housing;

(c)	the demand for, and availability of, housing accommodation;

(d)	the needs of persons in the area for, and the availability of, housing

accommodation designed or adapted for persons with special needs; and

(e)	any other matter specified in the requirement.

(3)	A requirement under subsection (1)—

(a)	must specify the period in relation to which the assessment is to be

carried out and the Housing Assessment Report prepared;

(b)	may make provision as to—

(i)	the procedure to be followed in carrying out the assessment and

preparing the Housing Assessment Report;

(ii)	the time in which the Housing Assessment Report is to be

prepared;

(iii)

the form of the Housing Assessment Report and the matters

which it is to include;

(iv)	the consultation to be carried out by the local authority on its

proposed Housing Assessment Report; and

(v)	the documents and information relating to the Housing

Assessment Report and its preparation which are to be available.

(4)	Without prejudice to subsection (3)(b), the Housing Assessment Report must

state how the local authority is to comply with its duty under the Equality Act

2010 so far as relating to the matters included in the Housing Assessment Report.

(5)	A local authority must provide a copy of its Housing Assessment Report to any

person who requests it.

(6)	Two or more local authorities subject to a requirement under subsection (1) may

exercise their functions under this section jointly in relation to their combined

areas.

© Parliamentary copyright	Revised 10 February 2011