Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill (Volume I)
Part 5 — Planning
Chapter 7 — Other planning matters
104

Chapter 7
Other planning matters
119
Powers of the National Assembly for Wales
(1)
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly
Measures: matters), Field 18 (Town and Country Planning) is amended as
5
follows.
(2)
After Matter 18.3 insert—

“Matter 18.4

Applications for planning permission.

This does not include—
10
(a)
the cases in which planning permission is required,
(b)
obligations, entered into in connection with
applications, that—
(i)
restrict, or require, the doing of anything in,
on, under or over any land, or
15
(ii)
require payments to be made,
(c)
applications for urgent development made—
(i)
by or on behalf of the Crown, or
(ii)
in respect of land in which there is any Crown
interest, or
20
(d)
appeals (and further appeals) and other challenges in
respect of—
(i)
decisions made on applications, or
(ii)
failures to make decisions.

Matter 18.5
25

The exercise or discharge, otherwise than by the authority
whose functions they are, of functions of an authority in its
capacity as a local planning authority.

Matter 18.6

Planning permission ceasing to have effect where the
30
development to which it relates has been begun but not
completed.

Matter 18.7

Enforcement—
(a)
where things are done without any planning
35
permission that is required,
(b)
where there is a failure to comply with any condition
or limitation subject to which planning permission
has been granted,
(c)
of prohibitions or requirements imposed for the
40
preservation, in the interests of amenity, of particular
trees or woodlands, and
(d)
of provisions restricting or regulating, in the interests
of amenity or public safety, the display of
advertisements.
45

Not included in matters 18.4, 18.5, 18.6 and 18.7

Matters 18.4, 18.5, 18.6 and 18.7 do not include—

Localism Bill (Volume I)
Part 6 — Housing
Chapter 1 — Allocation and homelessness
105

(a)
criminal liability for acts or omissions done or
suffered by or on behalf of the Crown, or
(b)
any requirement for consent in relation to any step
taken for the purposes of enforcement in relation to
land in which there is any Crown interest.”
5
(3)
In the Interpretation of the field, before the definition of “local planning
authority” insert—
““Crown interest” includes an interest—
(a)
belonging to Her Majesty in right of the Crown, in right
of the Duchy of Lancaster or in right of Her private
10
estates,
(b)
vested in a government department or held in trust for
Her Majesty for the purposes of a government
department, or
(c)
belonging to the Duchy of Cornwall;”.
15
120
Application of this Part to the Crown
An amendment made by this Part in—
(a)
the Town and Country Planning Act 1990,
(b)
the Planning (Listed Buildings and Conservation Areas) Act 1990,
(c)
the Planning and Compulsory Purchase Act 2004, or
20
(d)
the Planning Act 2008,
binds the Crown.
Part 6
Housing
Chapter 1
25
Allocation and homelessness
Allocation
121
Allocation of housing accommodation
(1)
Section 159 of the Housing Act 1996 (allocation of housing accommodation) is
amended as follows.
30
(2)
After subsection (4) insert—
“(4A)
Subject to subsection (4B), the provisions of this Part do not apply to an
allocation of housing accommodation by a local housing authority in
England to a person who is already—
(a)
a secure or introductory tenant, or
35
(b)
an assured tenant of housing accommodation held by a private
registered provider of social housing or a registered social
landlord.
(4B)
The provisions of this Part apply to an allocation of housing
accommodation by a local housing authority in England to a person
40
who falls within subsection (4A)(a) or (b) if—

Localism Bill (Volume I)
Part 6 — Housing
Chapter 1 — Allocation and homelessness
106

(a)
the allocation involves a transfer of housing accommodation for
that person,
(b)
the application for the transfer is made by that person, and
(c)
the authority is satisfied that the person is to be given
reasonable preference under section 166A(3).”
5
(3)
In subsection (5) after “accommodation” (in the first place it occurs) insert “by
a local housing authority in Wales”.
122
Allocation only to eligible and qualifying persons: England
(1)
In the Housing Act 1996 before section 160A insert—
“160ZA
Allocation only to eligible and qualifying persons: England
10
(1)
A local housing authority in England shall not allocate housing
accommodation—
(a)
to a person from abroad who is ineligible for an allocation of
housing accommodation by virtue of subsection (2) or (4), or
(b)
to two or more persons jointly if any of them is a person
15
mentioned in paragraph (a).
(2)
A person subject to immigration control within the meaning of the
Asylum and Immigration Act 1996 is ineligible for an allocation of
housing accommodation by a local housing authority in England
unless he is of a class prescribed by regulations made by the Secretary
20
of State.
(3)
No person who is excluded from entitlement to housing benefit by
section 115 of the Immigration and Asylum Act 1999 (exclusion from
benefits) shall be included in any class prescribed under subsection (2).
(4)
The Secretary of State may by regulations prescribe other classes of
25
persons from abroad who are ineligible to be allocated housing
accommodation by local housing authorities in England.
(5)
Nothing in subsection (2) or (4) affects the eligibility of a person who
falls within section 159(4B).
(6)
Except as provided by subsection (1), a person may be allocated
30
housing accommodation by a local housing authority in England
(whether on his application or otherwise) if that person—
(a)
is a qualifying person within the meaning of subsection (7), or
(b)
is one of two or more persons who apply for accommodation
jointly, and one or more of the other persons is a qualifying
35
person within the meaning of subsection (7).
(7)
Subject to subsections (2) and (4) and any regulations under subsection
(8), a local housing authority may decide what classes of persons are, or
are not, qualifying persons.
(8)
The Secretary of State may by regulations—
40
(a)
prescribe classes of persons who are, or are not, to be treated as
qualifying persons by local housing authorities in England, and
(b)
prescribe criteria that may not be used by local housing
authorities in England in deciding what classes of persons are
not qualifying persons.
45

Localism Bill (Volume I)
Part 6 — Housing
Chapter 1 — Allocation and homelessness
107

(9)
If a local housing authority in England decide that an applicant for
housing accommodation—
(a)
is ineligible for an allocation by them by virtue of subsection (2)
or (4), or
(b)
is not a qualifying person,
5

they shall notify the applicant of their decision and the grounds for it.
(10)
That notice shall be given in writing and, if not received by the
applicant, shall be treated as having been given if it is made available at
the authority’s office for a reasonable period for collection by him or on
his behalf.
10
(11)
A person who is not being treated as a qualifying person may (if he
considers that he should be treated as a qualifying person) make a fresh
application to the authority for an allocation of housing
accommodation by them.”
(2)
Section 160A (allocation only to eligible persons) is amended as follows—
15
(a)
in the heading after “persons” insert “: Wales”,
(b)
in subsection (1) after “authority” insert “in Wales”,
(c)
in subsection (2) after “authority” insert “in Wales”,
(d)
in subsection (3) after “authority” insert “in Wales”,
(e)
in subsection (5)—
20
(i)
after “authorities” insert “in Wales”,
(ii)
after “authority” insert “in Wales”,
(f)
in subsection (6) after “authority” insert “in Wales”,
(g)
in subsection (7) after “authority” insert “in Wales”,
(h)
in subsection (9) after “authority” insert “in Wales”,
25
(i)
in subsection (11) after “authority” insert “in Wales”.
123
Allocation schemes
(1)
The Housing Act 1996 is amended as follows.
(2)
In section 166 (applications for housing accommodation)—
(a)
after subsection (1) insert—
30
“(1A)
A local housing authority in England shall secure that an
applicant for an allocation of housing accommodation is
informed that he has the rights mentioned in section 166A(9).”
(b)
in subsection (2) after “authority” insert “in Wales”.
(3)
For the heading before section 167 substitute “Allocation schemes”.
35
(4)
Before section 167 insert—
“166A
Allocation in accordance with allocation scheme: England
(1)
Every local housing authority in England must have a scheme (their
“allocation scheme”) for determining priorities, and as to the procedure
to be followed, in allocating housing accommodation.
40

For this purpose “procedure” includes all aspects of the allocation
process, including the persons or descriptions of persons by whom
decisions are taken.

Localism Bill (Volume I)
Part 6 — Housing
Chapter 1 — Allocation and homelessness
108

(2)
The scheme must include a statement of the authority’s policy on
offering people who are to be allocated housing accommodation—
(a)
a choice of housing accommodation; or
(b)
the opportunity to express preferences about the housing
accommodation to be allocated to them.
5
(3)
As regards priorities, the scheme shall, subject to subsection (4), be
framed so as to secure that reasonable preference is given to—
(a)
people who are homeless (within the meaning of Part 7);
(b)
people who are owed a duty by any local housing authority
under section 190(2), 193(2) or 195(2) (or under section 65(2) or
10
68(2) of the Housing Act 1985) or who are occupying
accommodation secured by any such authority under section
192(3);
(c)
people occupying insanitary or overcrowded housing or
otherwise living in unsatisfactory housing conditions;
15
(d)
people who need to move on medical or welfare grounds
(including any grounds relating to a disability); and
(e)
people who need to move to a particular locality in the district
of the authority, where failure to meet that need would cause
hardship (to themselves or to others).
20
The scheme may also be framed so as to give additional preference to
particular descriptions of people within this subsection (being
descriptions of persons with urgent housing needs).
(4)
People are to be disregarded for the purposes of subsection (3) if they
would not have fallen within paragraph (a) or (b) of that subsection
25
without the local housing authority having had regard to a restricted
person (within the meaning of Part 7).
(5)
The scheme may contain provision for determining priorities in
allocating housing accommodation to people within subsection (3); and
the factors which the scheme may allow to be taken into account
30
include—
(a)
the financial resources available to a person to meet his housing
costs;
(b)
any behaviour of a person (or of a member of his household)
which affects his suitability to be a tenant;
35
(c)
any local connection (within the meaning of section 199) which
exists between a person and the authority’s district.
(6)
Subject to subsection (3), the scheme may contain provision about the
allocation of particular housing accommodation—
(a)
to a person who makes a specific application for that
40
accommodation;
(b)
to persons of a particular description (whether or not they are
within subsection (3)).
(7)
The Secretary of State may by regulations—
(a)
specify further descriptions of people to whom preference is to
45
be given as mentioned in subsection (3), or
(b)
amend or repeal any part of subsection (3).

Localism Bill (Volume I)
Part 6 — Housing
Chapter 1 — Allocation and homelessness
109

(8)
The Secretary of State may by regulations specify factors which a local
housing authority in England must not take into account in allocating
housing accommodation.
(9)
The scheme must be framed so as to secure that an applicant for an
allocation of housing accommodation—
5
(a)
has the right to request such general information as will enable
him to assess—
(i)
how his application is likely to be treated under the
scheme (including in particular whether he is likely to
be regarded as a member of a group of people who are
10
to be given preference by virtue of subsection (3)); and
(ii)
whether housing accommodation appropriate to his
needs is likely to be made available to him and, if so,
how long it is likely to be before such accommodation
becomes available for allocation to him;
15
(b)
has the right to request the authority to inform him of any
decision about the facts of his case which is likely to be, or has
been, taken into account in considering whether to allocate
housing accommodation to him; and
(c)
has the right to request a review of a decision mentioned in
20
paragraph (b), or in section 160ZA(9), and to be informed of the
decision on the review and the grounds for it.
(10)
As regards the procedure to be followed, the scheme must be framed in
accordance with such principles as the Secretary of State may prescribe
by regulations.
25
(11)
Subject to the above provisions, and to any regulations made under
them, the authority may decide on what principles the scheme is to be
framed.
(12)
A local housing authority in England must, in preparing or modifying
its allocation scheme, have regard to—
30
(a)
its current homelessness strategy under section 1 of the
Homelessness Act 2002,
(b)
its current tenancy strategy under section 126 of the Localism
Act 2011, and
(c)
in the case of an authority that is a London borough council, the
35
London housing strategy.
(13)
Before adopting an allocation scheme, or making an alteration to their
scheme reflecting a major change of policy, a local housing authority in
England must—
(a)
send a copy of the draft scheme, or proposed alteration, to every
40
private registered provider of social housing and registered
social landlord with which they have nomination arrangements
(see section 159(4)), and
(b)
afford those persons a reasonable opportunity to comment on
the proposals.
45
(14)
A local housing authority in England shall not allocate housing
accommodation except in accordance with their allocation scheme.”
(5)
Section 167 (allocation in accordance with allocation scheme) is amended as
follows—

Localism Bill (Volume I)
Part 6 — Housing
Chapter 1 — Allocation and homelessness
110

(a)
in the heading after “scheme” insert “: Wales”,
(b)
in subsection (1) after “authority” insert “in Wales”,
(c)
in subsection (4) after “authority” insert “in Wales”,
(d)
in subsection (7) after “authority” insert “in Wales”,
(e)
in subsection (8) after “authority” insert “in Wales”.
5
(6)
In section 172(2) (regulations) before “167(3)” insert “166A(7) or”.
(7)
In section 174 (index of defined expressions: Part VI) in the entry for “allocation
scheme” before “167” insert “166A and”.
Homelessness
124
Duties to homeless persons
10
(1)
Section 193 of the Housing Act 1996 (duty to persons with priority need who
are not homeless intentionally) is amended as follows.
(2)
Omit subsection (3A).
(3)
For subsection (5) substitute—
“(5)
The local housing authority shall cease to be subject to the duty under
15
this section if—
(a)
the applicant, having been informed by the authority of the
possible consequence of refusal or acceptance and of the right to
request a review of the suitability of the accommodation,
refuses an offer of accommodation which the authority are
20
satisfied is suitable for the applicant,
(b)
that offer of accommodation is not an offer of accommodation
under Part 6 or a private rented sector offer, and
(c)
the authority notify the applicant that they regard themselves as
ceasing to be subject to the duty under this section.”
25
(4)
In subsection (7) after “refusal” insert “or acceptance”.
(5)
In subsection (7AA)—
(a)
omit “In a restricted case”,
(b)
after “informed” insert “in writing”, and
(c)
in paragraph (a) for “private accommodation offer” substitute “private
30
rented sector offer”.
(6)
In subsection (7AB)—
(a)
in paragraph (a) after “refusal” insert “or acceptance”, and
(b)
at the end of paragraph (b) insert “, and
(c)
the effect under section 195Aof a further application to
35
the authority within two years of acceptance of the
offer.”
(7)
In subsection (7AC) for “private accommodation offer” substitute “private
rented sector offer”.
(8)
Omit subsections (7B) to (7E).
40
(9)
In subsection (7F)—
(a)
at the end of paragraph (a) insert “or”,