House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

45

House of Commons

Tuesday 1 March 2011

Public Bill Committee Proceedings

Localism Bill

[seventeenth and eighteenth sittings]

Schedule 9

Another Amendment (No. 206) proposed, in page 290, line 9, to 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)

Question proposed, That the Amendment be made.

Negatived

Mr David Ward

Not called  207

Schedule  9,  page  290,  leave out lines 14 to 27 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

local planning authority deems appropriate and set out in the document required

under paragraph 1 of Schedule 4B.’.

Public Bill Committee Proceedings: 1 March 2011
46

Localism Bill, continued

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  137

Schedule  9,  page  290,  line  22,  after ‘open’, insert ‘only’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  138

Schedule  9,  page  290,  line  25,  leave out ‘3’ and insert ‘20’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  139

Schedule  9,  page  290,  line  26,  at end insert—

‘(ca)
that at least one of the members within paragraph (c) is a councillor of the

local authority for the electoral area in which the organisation or body is

based.’.

Mr David Ward

Not called  208

Schedule  9,  page  290,  leave out lines 28 to 30.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  193

Schedule  9,  page  290,  line  39,  at end insert—

‘(d)
in considering a designation, must have regard to the existing local

authority ward structure, local development plan, representativeness and

viability of the suggested area, in which context it will make a decision

as to whether to decline or approve the application.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  191

Schedule  9,  page  290,  line  41,  leave out ‘not’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  192

Schedule  9,  page  290,  line  41,  at end insert ‘if the local planning authority are

satisfied that the neighbourhood forum is no longer fit for purpose after examining the

forum’s procedures and governance arrangements’.

Mr David Ward

Not called  209

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

Public Bill Committee Proceedings: 1 March 2011
47

Localism Bill, continued

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may be withdrawn by a local planning authority if the neighbourhood

forum does not comply with the reasonable conditions placed on its

operation.’.

Greg Clark

Agreed to  160

Schedule  9,  page  295,  line  2,  at end insert ‘that they have made’.

Greg Clark

Agreed to  161

Schedule  9,  page  295,  line  6,  after ‘order’ insert ‘that they have made’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  142

Schedule  9,  page  296,  line  38,  at end insert—

  ‘(4A)
The Equality Act 2010 is amended as follows.

    (4B)
Insert in Schedule 19, Part 1, under “Local Government”, “Neighbourhood

Forums designated under section 61F of the Town and Country Planning Act

1990”.’.

Greg Clark

Agreed to  162

Schedule  9,  page  297,  line  27,  at end insert ‘to whom a proposal for the making of

a neighbourhood development plan has been made’.

Greg Clark

Agreed to  163

Schedule  9,  page  297,  line  28,  after ‘plan’ insert ‘to which the proposal relates’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  141

Schedule  9,  page  297,  line  30,  after ‘order’, insert ‘and those voting constitute at

least 20 per cent. of those eligible to vote in that referendum’.

Andrea Leadsom

Graham Stuart

Jackie Doyle-Price

Chris Heaton-Harris

Simon Reevell

Andrew Griffiths

Not selected  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”’.

Schedule, as amended, Agreed to.

Public Bill Committee Proceedings: 1 March 2011
48

Localism Bill, continued

Greg Clark

Agreed to  164

Schedule  10,  page  300,  line  12,  at end insert ‘by the authority in relation to a

neighbourhood area within the area of the authority’.

Greg Clark

Agreed to  165

Schedule  10,  page  301,  line  5,  at end insert ‘in relation to neighbourhood areas

within their area’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Withdrawn  148

Schedule  10,  page  302,  line  40,  at end insert—

‘6A(1)
A local planning authority must decline to consider a proposal for a

neighbourhood development order if it considers that—

(a)
the specified development or class of development falls within Annex

2 to the EIA directive and is likely to have significant effects on the

environment by virtue of factors such as its nature, size or location, or

(b)
the specified development or class of development is likely to have

significant effects on a qualifying European site (whether alone or in

combination with other plans or projects) and is not directly connected

with or necessary to the management of that site.

      (2)
In determining whether or not the specified development or class of

development is within sub-paragraph (1)(a), the authority must take into

account any relevant criteria mentioned in Annex 3 to the EIA directive.

      (3)
If the authority decline to consider the proposal as a result of sub-paragraph

(1), they must notify the qualifying body making the proposal of that fact and

of their reasons for declining to consider it.

      (4)
Regulations may make provision requiring the publication of any decisions

made by a local planning authority under this paragraph.

      (5)
In this paragraph “the EIA directive” means Council Directive 85/337/EEC on

the assessment of the effects of certain public and private projects on the

environment (as amended from time to time), “qualifying European site”

means—

(a)
a European offshore marine site within the meaning of the Offshore

Marine Conservation (Natural Habitats, &c.) Regulations 2007, or

(b)
a European site within the meaning of the Conservation of Habitats

and Species Regulations 2010, and “specified” means specified in the

neighbourhood development order.’.

Mr Nick Raynsford

Withdrawn  128

Schedule  10,  page  303,  leave out lines 17 and 18.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  143

Schedule  10,  page  303,  leave out lines 34 to 36 and insert—

‘(a)
the making of the order is compatible with national objectives, policies

and principles and advice contained in guidance issued by the

Secretary of State;’.

Public Bill Committee Proceedings: 1 March 2011
49

Localism Bill, continued

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  144

Schedule  10,  page  303,  line  36,  at end insert—

‘(ab)
the making of the order would be compatible with the objectives and

policies contained in any strategic development plan documents that

apply to the neighbourhood area to which the draft order relates;’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  145

Schedule  10,  page  303,  line  37,  leave out ‘general conformity with the strategic

policies’ and insert ‘conformity with the objectives and policies’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  146

Schedule  10,  page  303,  line  39,  at end insert—

‘(ba)
the making of the order is compatible with any neighbourhood

development orders made or neighbourhood development plans

adopted in respect of any areas adjoining or impacted by the

neighbourhood area to which the draft order relates;’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  147

Schedule  10,  page  303,  line  40,  after ‘order’, insert ‘, where possible, assists the

implementation and delivery, but at the very least’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  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.

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

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

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  236

Schedule  10,  page  304,  leave out lines 1 to 3 and insert—

‘(1)
Any person who makes representations seeking to change a neighbourhood

development order or neighbourhood plan must (if he so requests) be given the

opportunity to appear before and be heard by the person carrying out the

examination.’.

Public Bill Committee Proceedings: 1 March 2011
50

Localism Bill, continued

Schedule, as amended, Agreed to.

Greg Clark

Agreed to  166

Schedule  11,  page  313,  line  8,  leave out ‘neighbourhood development’ and insert

‘community right to build’.

Schedule, as amended, Agreed to.

Clauses 97 to 100 Agreed to.

Barbara Keeley

Alison Seabeck

Jack Dromey

Withdrawn  235

Clause  101,  page  71,  line  34,  at end insert—

‘(2)
In section 123 (Disposal of Land by Principal Councils) of the Local Government

Act 1972 delete subsection (2).’.

Clause Agreed to.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  149

Schedule  12,  page  317,  line  31,  leave out paragraphs 22 to 24.

Schedule Agreed to.

Barbara Keeley

Alison Seabeck

Jack Dromey

Withdrawn  152

Clause  102,  page  72,  line  34,  at end insert—

‘(8)
Any persons carrying out pre-application consultation under subsection (1) must

provide the Local Planning Authority and any specified persons with an

independent examination of the economic and social impact of the proposed

development.

(9)
In order to comply with the requirements of subsection (8) any person carrying

out pre-application consultation must agree the scope of the examination with the

Local Planning Authority.’.

Public Bill Committee Proceedings: 1 March 2011
51

Localism Bill, continued

Mr Nick Raynsford

Not called  189

Clause  102,  page  72,  line  34,  at end add ‘and the advice (if any) given by a local

design review panel.

(8)
In subsection (7) “local design review panel” means a panel appointed by the

local planning authority to examine and advise on the design of the proposed

development.”’.

Clause Agreed to.

Clauses 103 to 107 Agreed to.

Barbara Keeley

Alison Seabeck

Jack Dromey

Withdrawn  239

Schedule  13,  page  319,  line  20,  at end insert—

‘3A(1)
Section 22 (Highways) is amended as follows.

      (2)
For subsection (2)(b) substitute—

“(b)
the highway, when constructed, is expected to have a length

of more than 10 kilometres.”.

      (3)
For subsection (3)(a) to (c) substitute—

“(a)
the part of the highway to be improved is wholly in England,

(b)
the Secretary of State is the highway authority for the

highway, and

(c)
the length of the part of the highway to be improved is greater

than 10 kilometres.”.

      (4)
For subsection (4)(a) to (c) substitute—

“(a)
the part of the highway to be altered is wholly in England,

(b)
the Secretary of State is the highway authority for the

highway, and

(c)
the length of the part of the highway to be altered is greater

than 10 kilometres.”’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  240

Schedule  13,  page  319,  line  20,  at end insert—

‘3B(1)
Section 25 (Railways) is amended as follows.

      (2)
For subsection (1)(c) substitute—

“(c)
the length of the railway once constructed will be greater than

10 kilometres.”.

      (3)
For subsection (2)(c) substitute—

“(c)
the length of the railway once constructed will be greater than

10 kilometres.”.

      (4)
In subsection (7), remove the definition of “permitted development.”’.



© Parliamentary copyright	Revised 2 March 2011