Session 2010 - 11
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Other Bills before Parliament


 
 

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(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.

 

(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


 
 

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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:

 

(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;


 
 

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(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)”;

 

(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—


 
 

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“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 the Town and Country Planning Act 1990 in relation to

 

neighbourhood development plans and neighbourhood

 

development orders.

 

(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


 
 

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(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.

 

(7)    

The Secretary of State must exercise power under subsection (1) so as to ensure

 

that every local authority area is included in a Housing Assessment Report.

 

(8)    

A local authority—

 

(a)    

must provide the Secretary of State with or make public such information

 

as may be required, in such form and at such times as may be required,

 

about the authority’s implementation of its Housing Assessment Report;

 

(b)    

must keep its Housing Assessment Report under review; and

 

(c)    

may from time to time, after consultation with such persons as it thinks

 

fit, modify its Housing Assessment Report.’.

 


 

National planning policy framework

 

Barabara Keeley

 

Alison Seabeck

 

Jack Dromey

 

NC7

 

To move the following Clause:—

 

‘(1)    

After Part 1 of the Planning Compulsory Purchase Act 2004 insert—

 

“1A    

National Planning Policy Framework

 

(1)    

There is to be a National Planning Policy Framework for England that is

 

to set out in broad terms how the Secretary of State considers that the

 

development and use of land could and should occur.

 

(2)    

The National Planning Policy Framework must contain—

 

(a)    

a statement of what the Secretary of State considers to be the

 

economic, enviromental and social priorities and objectives for

 

the development and use of land;

 

(b)    

general policies for the implementation of those priorities and

 

objectives;

 

(c)    

an account of such matters as the Secretary of State considers

 

affect, or may come to affect, the development and use of land;

 

(d)    

any other matter which the Secretary of State considers

 

appropriate to include.

 

(3)    

The National Planning Policy Framework may contain such maps,

 

diagrams, illustrations, descriptive matter (if any) or other matters as the

 

Secretary of State thinks appropriate.

 

(4)    

The Secretary of State is to—


 
 

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(a)    

prepare and publish the framework, and

 

(b)    

keep it under review.

 

(5)    

At least every five years after publishing the framework under subsection

 

(4)(a), the Secretary of State is either—

 

(a)    

to revise the framework, or

 

(b)    

to publish an explanation of why the Secretary of State has

 

decided not to revise it.

 

(6)    

If the Secretary of State revised the framwork, the Secretary of State is to

 

publish it as revised.

 

(7)    

The National Planning Policy Framework, or a revised framework, may

 

be published only if the consultation and publicity requirement set out in

 

section 2, and the parliamentary requirements set out in section 3, have

 

been complied with in relation to it.

 

2      

Consulation and Publicity

 

(1)    

This section sets out the consultation and publicity requirements referred

 

to in section 1(7).

 

(2)    

The Secretary of State must carry out such consultation, and arrange for

 

such publicity, as the Secretary of State thinks appropriate in relation to

 

the National Planning Policy Framework, or a revised framework. This

 

is subject to subsection (3).

 

(3)    

Regulations may make provision in connection with additional

 

requirements for consultation and publicity that the Secretary of State

 

must comply with.

 

(4)    

The Secretary of State must have regard to the responses to the

 

consultation and publicity in deciding whether to proceed with

 

publishing the National Planning Policy Framework, or a revised

 

framework.

 

3      

Parliamentary requirements

 

(1)    

This section sets out the parliamentary requirements referred to in section

 

1(7).

 

(2)    

Before publication, the Secretary of State must lay the National Planning

 

Policy Framework, or a revised framework, or a revised framework,

 

before Parliament.

 

(3)    

Section 9 of the Planning Act 2008, which makes provision about the

 

parliamentary requirements for national policy statements, is to apply in

 

relation to the National Planning Policy Framework, or a revised

 

framework.

 

4      

Sustainable Development

 

(1)    

The Secretary of State must exercise the functions of preparing and

 

revising the National Planning Policy Framework with the objective of

 

achieving sustainable development.

 

(2)    

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 England from time to time.


 
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Revised 17 February 2011