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| | Thursday 17 February 2011 |
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| | New Amendments handed in are marked thus  |
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| |  Amendments which will comply with the required notice period at their next appearance
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | Clause 90, page 61, line 4, leave out ‘or’ and insert— |
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| | | ‘(ab) | an Integrated Transport Authority for the area’. |
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| | Clause 90, page 61, line 5, leave out lines 5 and 6 and insert— |
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| | | ‘(b) | a marine plan authority, or |
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| | | (c) | a body, or other person, that is prescribed or of a prescribed description,’. |
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| | Clause 90, page 61, line 7, after ‘(a)’, insert ‘or (ab)’. |
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| | Clause 90, page 61, line 8, leave out ‘or (b)’ and insert ‘, (b) or (c)’. |
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| | Clause 90, page 61, line 13, at end insert ‘and |
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| | | (b) | with the objective of achieving sustainable development.’. |
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| | Clause 90, page 61, line 15, at end insert— |
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| | | ‘(ab) | the preparation of Joint Infrastructure Planning Guidance.’. |
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| | Clause 90, page 61, line 17, leave out paragraph (c) and insert— |
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| | | ‘(c) | other activities that support the planning of development, so far as |
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| | | relating to the sustainable development and use of land and strategic |
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| | | infrastructure and in particular the preparation of joint infrastructure |
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| | | (d) | the preparation of the Local Transport Plan.’. |
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| | Clause 90, page 61, leave out lines 17 to 20 and insert— |
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| | | ‘(c) | the preparation of marine plans, |
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| | | (d) | the joint planning of strategic, cross-boundary issues, which may include |
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| | | the use of strategic development plan documents, and |
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| | | (e) | other activities that support the planning of development, so far as |
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| | | relating to the development and use of land or sea.’. |
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| | Clause 90, page 61, line 20, at end insert— |
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| | | ‘(3A) | The preparation of Joint Infrastructure Planning Guidance within subsection (3) |
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| | | (a) | a local planning authority who is also a member of a Local Enterprise |
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| | | Partnership as approved by the Secretary of State; and |
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| | | (b) | every other person within subsection (1). |
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| | | (3B) | The preparation of Joint Infrastructure Planning Guidance within subsection (3) |
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| | | (a) | the collection of evidence on issues defined in subsection (3C); |
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| | | (b) | the preparation of policy guidance in relation to issues defined in |
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| | | (c) | any other activities that support joint infrastructure planning; |
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| | | (3C) | For the purpose of subsection (3B) the issues to be addressed include— |
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| | | (b) | climate mitigation and adaptation and in particular flood risk; |
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| | | (c) | economic development including retail needs; |
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| | | (d) | energy needs and capacity; |
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| | | (f) | natural resource use including water management; and |
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| | | (3D) | The person or bodies defined in subsection (1) must exercise the function of Joint |
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| | | Infrastructure planning with the aim of achieving sustainable development and |
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| | | must act under guidance, including as to the meaning of sustainable development, |
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| | | as set out in the UK Sustainable Development Strategy.’. |
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| | Clause 90, page 61, leave out lines 21 to 30. |
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| | Clause 90, page 61, line 31, leave out ‘have regard to’ and insert ‘act in accordance |
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| | Clause 90, page 61, line 36, at end insert ‘or is a body which has been designated as |
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| | a Local Enterprise Partnership by the Secretary of State. |
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| | | (7) | The Secretary of State may designate a body as a Local Enterprise Partnership |
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| | | where they are satisfied that it meets the following conditions— |
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| | | (a) | the body is established for the express purpose of furthering the economic |
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| | | development of a specific geographic area, |
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| | | (b) | the area concerned consists of more than one local authority area, |
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| | | (c) | the membership of the body consists of representatives of local |
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| | | authorities, other public bodies or persons whose activities are based in |
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| | | (d) | there are at least half of the members of the body each of whom are not |
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| | | representing a local authority or other public body and whose business |
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| | | activities are based in the area concerned, and |
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| | | (e) | the organisation or body has a written constitution.’. |
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| | Clause 90, page 61, line 36, at end insert— |
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| | | ‘(7) | Persons exercising the duty under subsection (1) may enter into an agreement for |
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| | | (a) | the method of engagement and the responsibilities of each person; and |
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| | | (b) | the process to be used to resolve any dispute that may arise between the |
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| | | persons when exercising the duty under subsection (1). |
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| | | (a) | “marine plan” has the same meaning as in section 51 of the Marine and |
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| | | (b) | “marine plan authority” has the same meaning as in section 50 of the |
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| | | Marine and Coastal Access Act 2009; |
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| | | (c) | “sea” has the same meaning as in section 42 of the Marine and Coastal |
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| | | (d) | “strategic development plan documents” means plans prepared in |
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| | | accordance with section 28(1A) of this Act; |
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| | | (e) | “sustainable development” has the same meaning as in Part 1A of this |
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| | Clause 91, page 61, line 41, leave out subsection (2) and insert ‘omit subsection (3) |
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| | of section 15 of the Planning and Compulsory Purchase Act 2004 and insert— |
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| | | “(3) | The local planning authority must have regard to sustainable development and |
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| | | Town Centre First Policy, as defined in accordance with subsection (4). |
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| | | (3A) | The Secretary of State must lay before Parliament an order to define sustainable |
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| | | development and Town Centre First Policy. |
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| | | (3B) | A statutory instrument containing an order under this section may not be made |
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| | | unless a draft of the instrument has been laid before and approved by resolution |
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| | | of each House of Parliament.”’. |
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| | Clause 91, page 61, line 41, leave out subsection (2) and insert— |
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| | | | ‘omit subsection (3) (requirements as to preparation of local development |
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| | | “(3) | The scheme must contain an assessment expressed in numerical terms |
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| | | concerning the level of housing need and demand in the district of the |
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| | | local planning authority, together with the authority’s proposals for |
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| | | addressing such need and demand. |
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| | | (3A) | The proposals referred to in subsection (3) shall include the authority’s |
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| | | plans relating to the provision of housing, including affordable housing, |
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| | Clause 92, page 63, line 33, at end insert— |
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| | | ‘(7) | For section 23 (adoption of local development documents) insert— |
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| | | “(4) | Subject to the subsection (6) if a development plan document has not |
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| | | been adopted by the appointed day it cannot constitute a reason for |
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| | | refusing planning permission. |
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| | | (5) | For the purposes of subsection (4) the appointed day shall be the earlier |
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| | | (a) | 3 months from the date of the recommendation given by the |
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| | | person appointed to carry out the independent examination; or |
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| | | (b) | the date set for adoption as contained in the local planning |
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| | | authority’s local development scheme; |
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| | | (c) | 31 December 2012; and |
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| | | (d) | such other date as the Secretary of State may direct. |
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| | | (6) | Subsection (4) does not apply in relation to a replacement or revision of |
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| | | an adopted development plan document.’. |
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| | Clause 93, page 63, line 39, leave out from ‘report)’ to end of line 41 and insert ‘— |
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| | | (a) | omit “The annual report must contain” and insert “Every local planning |
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| | | authority must prepare reports containing”; |
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| | | (b) | at the end of paragraph (b) insert new paragraphs— |
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| | | “(c) | the implementation of any measures for planning at a |
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| | | strategic level, including the duty to cooperate outlined |
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| | | (d) | the extent of engagement with other persons under |
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| | | section 33A and how such engagement has helped to |
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| | | address cross-boundary issues; and |
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| | | (e) | the extent of action taken in respect of the duties under |
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| | | sections 19(1A) and 39 of this Act and how such action |
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| | | has helped to achieve sustainable development and |
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| | | mitigation of an adaptation to climate change.”. |
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| | | (3A) | After subsection (2) insert— |
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| | | “(2A) | Local planning authorities must exercise the function under subsection |
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| | | (2) with the aim of promoting and supporting public participation in local |
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| | | decision-making and planning.”.’. |
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| | Clause 94, page 64, line 16, at end insert— |
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| | | ‘(1A) | In section 205 subsection (2) after “land”, insert “without prejudicing the |
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| | | provision of affordable housing in accordance with the development plan”. |
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| | | (1B) | In section 211 (amount of levy) after subsection 2(c) insert— |
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| | | “(d) | if affordable housing is not for the time being included as infrastructure |
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| | | in the list of infrastructure in section 216(2) the cost of providing |
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| | | affordable housing in accordance with the development plan”.’. |
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| | Clause 94, page 64, line 19, at end insert ‘including on the provision of affordable |
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| | Clause 94, page 66, line 25, at end insert— |
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| | | ‘(7A) | In section 220 (procedure) insert— |
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| | | “(1A) | CIL regulations must make provision for exceptions to the payment of |
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| | | CIL where that would prejudice the provision of affordable housing in |
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| | | accordance with the development plan”.’. |
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| | Schedule 9, page 288, line 34, at end insert ‘to whom a proposal for the making of |
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| | a neighbourhood development order has been made’. |
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| | Schedule 9, page 288, line 35, after ‘order’ insert ‘to which the proposal relates’. |
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| | Schedule 9, page 288, line 37, at end insert ‘those voting constitute at least 20 per |
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| | cent. of those eligible to vote in that referendum’. |
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| | Schedule 9, page 290, line 9, leave out from ‘if’ to end of line 10 and insert— |
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| | | ‘(a) | the relevant authority has carried out a Community Governance Review |
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| | | (b) | it is designated by a local planning authority as a neighbourhood forum |
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| | | (c) | for the purposes of paragraph (a) a Community Governance Review is as |
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| | | defined in the Local Government and Public Involvement in Health Act |
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| | | 2007, Part 4, Chapter 3, section 79.’. |
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| | Schedule 9, page 290, leave out lines 14 to 27 and insert— |
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| | | ‘(5) | A local planning authority may designate an organisation or body as a |
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| | | neighbourhood forum if the authority is reasonably satisfied that— |
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| | | (a) | it is established for the express purpose of furthering the social, economic |
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| | | and environmental well-being of individuals living, or wanting to live or |
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| | | (b) | the membership of the organisation or body is open to individuals living, |
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| | | or wanting to live, or businesses registered, in the neighbourhood or area |
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| | | (c) | it is competent to undertake the task of preparing a neighbourhood plan |
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| | | with appropriate professional support; and |
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| | | (d) | it is representative of different sections of the community. |
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| | | (6) | A local planning authority may set such conditions on the designation of a |
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| | | neighbourhood forum such as probity, transparency and any other conditions the |
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| | | local planning authority deems appropriate and set out in the document required |
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| | | under paragraph 1 of Schedule 4B.’. |
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| | Schedule 9, page 290, line 22, after ‘open’, insert ‘only’. |
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| | Schedule 9, page 290, line 25, leave out ‘3’ and insert ‘20’. |
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| | Schedule 9, page 290, line 26, at end insert— |
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| | | ‘(ca) | that at least one of the members within paragraph (c) is a councillor of the |
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| | | local authority for the electoral area in which the organisation or body is |
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| | Schedule 9, page 290, leave out lines 28 to 30. |
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| | Schedule 9, page 290, line 39, at end insert— |
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| | | ‘(d) | in considering a designation, must have regard to the existing local |
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| | | authority ward structure, local development plan, representativeness and |
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| | | viability of the suggested area, in which context it will make a decision |
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| | | as to whether to decline or approve the application.’. |
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| | Schedule 9, page 290, line 41, leave out ‘not’. |
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| | Schedule 9, page 290, line 41, at end insert ‘if the local planning authority are |
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