House of Commons Public Bill Committee Proceedings

Session 2010 - 11
Internet Publications
Other Bills before Parliament

39

House of Commons

Thursday 17 February 2011

Public Bill Committee Proceedings

Localism Bill

[fifteenth and sixteenth sittings]

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  153

Clause  90,  page  61,  line  4,  leave out ‘or’ and insert—

‘(ab)
an Integrated Transport Authority for the area’.

Mr David Ward

Not called  195

Clause  90,  page  61,  line  5,  leave out lines 5 and 6 and insert—

‘(b)
a marine plan authority, or

(c)
a body, or other person, that is prescribed or of a prescribed description,’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  154

Clause  90,  page  61,  line  7,  after ‘(a)’, insert ‘or (ab)’.

Mr David Ward

Not called  196

Clause  90,  page  61,  line  8,  leave out ‘or (b)’ and insert ‘, (b) or (c)’.

Mr David Ward

Not called  197

Clause  90,  page  61,  line  13,  at end insert ‘and

(b)
with the objective of achieving sustainable development.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  155

Clause  90,  page  61,  line  15,  at end insert—

‘(ab)
the preparation of Joint Infrastructure Planning Guidance.’.

Public Bill Committee Proceedings: 17 February 2011
40

Localism Bill, continued

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  156

Clause  90,  page  61,  line  17,  leave out paragraph (c) and insert—

‘(c)
other activities that support the planning of development, so far as

relating to the sustainable development and use of land and strategic

infrastructure and in particular the preparation of joint infrastructure

planning guidance; and

(d)
the preparation of the Local Transport Plan.’.

Mr David Ward

Not called  198

Clause  90,  page  61,  leave out lines 17 to 20 and insert—

‘(c)
the preparation of marine plans,

(d)
the joint planning of strategic, cross-boundary issues, which may include

the use of strategic development plan documents, and

(e)
other activities that support the planning of development, so far as

relating to the development and use of land or sea.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  157

Clause  90,  page  61,  line  20,  at end insert—

‘(3A)
The preparation of Joint Infrastructure Planning Guidance within subsection (3)

must include—

(a)
a local planning authority who is also a member of a Local Enterprise

Partnership as approved by the Secretary of State; and

(b)
every other person within subsection (1).

(3B)
The preparation of Joint Infrastructure Planning Guidance within subsection (3)

includes in particular—

(a)
the collection of evidence on issues defined in subsection (3C);

(b)
the preparation of policy guidance in relation to issues defined in

subsection (3C); and

(c)
any other activities that support joint infrastructure planning;

(3C)
For the purpose of subsection (3B) the issues to be addressed include—

(a)
housing needs;

(b)
climate mitigation and adaptation and in particular flood risk;

(c)
economic development including retail needs;

(d)
energy needs and capacity;

(e)
biodiversity;

(f)
natural resource use including water management; and

(g)
transport.

(3D)
The person or bodies defined in subsection (1) must exercise the function of Joint

Infrastructure planning with the aim of achieving sustainable development and

must act under guidance, including as to the meaning of sustainable development,

as set out in the UK Sustainable Development Strategy.’.

Public Bill Committee Proceedings: 17 February 2011
41

Localism Bill, continued

Mr David Ward

Not called  199

Clause  90,  page  61,  leave out lines 21 to 30.

Mr David Ward

Not called  200

Clause  90,  page  61,  line  31,  leave out ‘have regard to’ and insert ‘act in accordance

with’.

Mr David Ward

Withdrawn  194

Clause  90,  page  61,  line  36,  at end insert ‘or is a body which has been designated as

a Local Enterprise Partnership by the Secretary of State.

(7)
The Secretary of State may designate a body as a Local Enterprise Partnership

where they are satisfied that it meets the following conditions—

(a)
the body is established for the express purpose of furthering the economic

development of a specific geographic area,

(b)
the area concerned consists of more than one local authority area,

(c)
the membership of the body consists of representatives of local

authorities, other public bodies or persons whose activities are based in

the area concerned,

(d)
there are at least half of the members of the body each of whom are not

representing a local authority or other public body and whose business

activities are based in the area concerned, and

(e)
the organisation or body has a written constitution.’.

Mr David Ward

Not called  201

Clause  90,  page  61,  line  36,  at end insert—

‘(7)
Persons exercising the duty under subsection (1) may enter into an agreement for

the purpose of agreeing—

(a)
the method of engagement and the responsibilities of each person; and

(b)
the process to be used to resolve any dispute that may arise between the

persons when exercising the duty under subsection (1).

(8)
In this section—

(a)
“marine plan” has the same meaning as in section 51 of the Marine and

Coastal Access Act 2009;

(b)
“marine plan authority” has the same meaning as in section 50 of the

Marine and Coastal Access Act 2009;

(c)
“sea” has the same meaning as in section 42 of the Marine and Coastal

Access Act 2009;

(d)
“strategic development plan documents” means plans prepared in

accordance with section 28(1A) of this Act;

(e)
“sustainable development” has the same meaning as in Part 1A of this

Act.’.

Clause Agreed to.

Public Bill Committee Proceedings: 17 February 2011
42

Localism Bill, continued

Barbara Keeley

Alison Seabeck

Jack Dromey

Withdrawn  151

Clause  91,  page  61,  line  41,  leave out subsection (2) and insert ‘omit subsection (3)

of section 15 of the Planning and Compulsory Purchase Act 2004 and insert—

“(3)
The local planning authority must have regard to sustainable development and

Town Centre First Policy, as defined in accordance with subsection (4).

(3A)
The Secretary of State must lay before Parliament an order to define sustainable

development and Town Centre First Policy.

(3B)
A statutory instrument containing an order under this section may not be made

unless a draft of the instrument has been laid before and approved by resolution

of each House of Parliament.”’.

Mr Nick Raynsford

Negatived on division  188

Clause  91,  page  61,  line  41,  leave out subsection (2) and insert—


‘omit subsection (3) (requirements as to preparation of local development

schemes), and insert—

“(3)
The scheme must contain an assessment expressed in numerical terms

concerning the level of housing need and demand in the district of the

local planning authority, together with the authority’s proposals for

addressing such need and demand.

(3A)
The proposals referred to in subsection (3) shall include the authority’s

plans relating to the provision of housing, including affordable housing,

in its district.”’.

Clause Agreed to.

Barbara Keeley

Alison Seabeck

Jack Dromey

Withdrawn  133

Clause  92,  page  63,  line  33,  at end insert—

‘(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.

Public Bill Committee Proceedings: 17 February 2011
43

Localism Bill, continued

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

an adopted development plan document.’.

Clause Agreed to.

Mr David Ward

Not called  202

Clause  93,  page  63,  line  39,  leave out from ‘report)’ to end of line 41 and insert ‘—

(a)
omit “The annual report must contain” and insert “Every local planning

authority must prepare reports containing”;

(b)
at the end of paragraph (b) insert new paragraphs—

“(c)
the implementation of any measures for planning at a

strategic level, including the duty to cooperate outlined

within section 33A;

(d)
the extent of engagement with other persons under

section 33A and how such engagement has helped to

address cross-boundary issues; and

(e)
the extent of action taken in respect of the duties under

sections 19(1A) and 39 of this Act and how such action

has helped to achieve sustainable development and

mitigation of an adaptation to climate change.”.

(3A)
After subsection (2) insert—

“(2A)
Local planning authorities must exercise the function under subsection

(2) with the aim of promoting and supporting public participation in local

decision-making and planning.”.’.

Clause Agreed to.

Barbara Keeley

Alison Seabeck

Jack Dromey

Withdrawn  134

Clause  94,  page  64,  line  16,  at end insert—

‘(1A)
In section 205 subsection (2) after “land”, insert “without prejudicing the

provision of affordable housing in accordance with the development plan”.

(1B)
In section 211 (amount of levy) after subsection 2(c) insert—

“(d)
if affordable housing is not for the time being included as infrastructure

in the list of infrastructure in section 216(2) the cost of providing

affordable housing in accordance with the development plan”.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  135

Clause  94,  page  64,  line  19,  at end insert ‘including on the provision of affordable

housing’.

Public Bill Committee Proceedings: 17 February 2011
44

Localism Bill, continued

Barbara Keeley

Alison Seabeck

Jack Dromey

Not called  136

Clause  94,  page  66,  line  25,  at end insert—

‘(7A)
In section 220 (procedure) insert—

“(1A)
CIL regulations must make provision for exceptions to the payment of

CIL where that would prejudice the provision of affordable housing in

accordance with the development plan”.’.

Clause Agreed to.

Clauses 95 and 96 Agreed to.

Greg Clark

Agreed to  158

Schedule  9,  page  288,  line  34,  at end insert ‘to whom a proposal for the making of

a neighbourhood development order has been made’.

Greg Clark

Agreed to  159

Schedule  9,  page  288,  line  35,  after ‘order’ insert ‘to which the proposal relates’.

Barbara Keeley

Alison Seabeck

Jack Dromey

Negatived on division  140

Schedule  9,  page  288,  line  37,  at end insert ‘those voting constitute at least 20 per

cent. of those eligible to vote in that referendum’.

Mr David Ward

Question proposed  206

Schedule  9,  page  290,  line  9,  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.’.

[Adjourned until Tuesday 1 March at 10.30 am



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