Localism Bill

Session 2010 - 11
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Localism Bill

Localism Bill
Schedule 12 — Neighbourhood planning: consequential amendments
316

preservation and planting of trees), at the end insert—

“Nothing in this section applies in relation to neighbourhood
development orders.”
18
In section 253(2)(c) (cases in which certain procedures may be carried out in
anticipation of planning permission), for “or a local development order”
5
substitute “, a local development order or a neighbourhood development
order”.
19
In section 264(5) (land treated not as operational land)—
(a)
in paragraph (b), omit “or a local development order”, and
(b)
after paragraph (c) (but before the “or” at the end of the paragraph)
10
insert—
“(ca)
granted by a local development order or a
neighbourhood development order;”.
20    (1)
Section 324 (rights of entry) is amended as follows.
      (2)
In subsection (1), after paragraph (a) insert—
15
“(aa)
the preparation, making, modification or revocation of a
neighbourhood development plan under Part 3 of that Act;”.
      (3)
After that subsection insert—
“(1A)
For the purposes of subsection (1)(c) the reference to a proposal by
the local planning authority to make any order under Part 3 includes
20
a reference to a proposal submitted (or to be submitted) to the
authority for the making by them of a neighbourhood development
order.”
21
In paragraph 1A of Schedule 13 (blighted land: land allocated for public
authority functions in development plans etc)—
25
(a)
after “for the area in which the land is situated” insert “or by a
neighbourhood development plan for the area in which the land is
situated”,
(b)
after Note (2) insert—
   “(2A)
For the purposes of this paragraph a neighbourhood
30
development plan includes a draft of a neighbourhood
development plan which has been submitted for
examination under paragraph 7(2) of Schedule 4B (as
applied by section 38A(3) of the 2004 Act).”, and
(c)
after Note (5) insert—
35
    “(6)
Note (2A) does not apply if the proposal for the draft plan
is withdrawn under paragraph 2 of Schedule 4B (as
applied by section 38A(3) of the 2004 Act) at any time after
the draft plan has been submitted for examination.”
Planning (Listed Buildings and Conservation Areas) Act 1990
40
22
The Planning (Listed Buildings and Conservation Areas) Act 1990 is
amended as follows.
23
In section 66 (general duty as respects listed buildings in exercise of

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
317

planning functions), at the end insert—
“(4)
Nothing in this section applies in relation to neighbourhood
development orders.”
24
In section 72 (general duty as respects conservation areas in exercise of
planning functions), at the end insert—
5
“(4)
Nothing in this section applies in relation to neighbourhood
development orders.”
Planning and Compulsory Purchase Act 2004
25
The Planning and Compulsory Purchase Act 2004 is amended as follows.
26
In section 18 (statement of community involvement), after subsection (2)
10
insert—
“(2A)
The reference in subsection (2) to functions under Part 3 of the
principal Act does not include functions under any provision of that
Act relating to neighbourhood development orders (including any
function under section 61F or 61G).”
15
27
In section 40(2) (local development orders), omit paragraphs (b) to (k).
28
In section 116(2)(b) (Isles of Scilly), after “Part 2” insert “or 3”.
Housing and Regeneration Act 2008
29
In section 13(5) of the Housing and Regeneration Act 2008 (power of
Secretary of State to make designation orders)—
20
(a)
in paragraph (a) of the definition of “local planning authority”, after
“Part 2” insert “or 3”, and
(b)
in paragraph (c) of the definition of “permitted purposes”, after “Part
2” insert “or 3”.
Schedule 13
25
Section 107

Infrastructure Planning Commission: transfer of functions to Secretary of
State
Part 1
Amendments of the Planning Act 2008
Introductory
30
1
The Planning Act 2008 is amended as follows.
Abolition of Infrastructure Planning Commission
2
Omit sections 1 to 3 and Schedule 1 (establishment and governance of
Commission and conduct and interests of Commissioners).

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
318

Fees
3     (1)
Amend section 4 (regulations setting fees for performance of Commission’s
functions) as follows.
      (2)
In subsection (1) for “charging of fees by the Commission in connection with
the performance of any of its functions” substitute “charging of fees by the
5
Secretary of State in connection with the performance of any of the Secretary
of State’s major-infrastructure functions”.
      (3)
In subsection (3) (power to set fees calculated by reference to costs
incurred)—
(a)
for “incurred by the Commission” substitute “incurred by the
10
Secretary of State”, and
(b)
for “its functions” (in both places) substitute “the Secretary of State’s
major-infrastructure functions”.
      (4)
After subsection (3) insert—
“(4)
In this section “the Secretary of State’s major-infrastructure
15
functions” means—
(a)
the Secretary of State’s functions under Parts 2 to 8 and under
Part 12 so far as applying for the purposes of those Parts,
(b)
the giving of advice to which section 51 applies, and
(c)
the Secretary of State’s functions, in relation to proposed
20
applications for orders granting development consent, under
statutory provisions implementing—
(i)
Council Directive 85/337/EC on the assessment of
the effects of certain public and private projects on the
environment, as amended from time to time, or
25
(ii)
provisions of an EU instrument which from time to
time replace provisions of that Directive.
(5)
In subsection (4)(c) “statutory provision” means a provision of an Act
or of an instrument made under an Act.”
      (5)
In the heading of Part 1 for “The Infrastructure Planning Commission”
30
substitute “Infrastructure planning: fees”.
Directions referring applications for other consents to Commission
4
In section 35(6) (relevant authority must refer application to Commission)
for “Commission” substitute “Secretary of State”.
Applications for orders granting development consent
35
5     (1)
Amend section 37 (applications to be made to Commission, which may give
guidance about their contents and set standards for them) as follows.
      (2)
For “Commission” (in each place) substitute “Secretary of State”.
      (3)
In subsection (6) for “it” substitute “the Secretary of State”.
Model provisions for incorporation in draft orders
40
6
Omit section 38 (Secretary of State may prescribe non-compulsory model
provisions).

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
319

Register of applications
7     (1)
Amend section 39 (Commission to maintain and give access to register of
applications) as follows.
      (2)
For “Commission” (in each place) substitute “Secretary of State”.
      (3)
In subsections (1) and (2) for “it” substitute “the Secretary of State”.
5
Notification of proposed application
8     (1)
Amend section 46 (duty to notify Commission of proposed application) as
follows.
      (2)
In subsection (1) for “Commission” (in each place) substitute “Secretary of
State”.
10
      (3)
In the heading for “Commission” substitute “Secretary of State”.
Guidance about pre-application procedure
9
In section 50(2) (guidance may be issued by Commission or Secretary of
State) omit “the Commission or”.
Advice for potential applicants and others
15
10    (1)
Section 51 (giving of advice by Commission and disclosure of advice and
requests for advice) is amended as follows.
      (2)
In subsection (1) for “The Commission may give advice to an applicant or
potential applicant, or to others,” substitute “This section applies to advice”.
      (3)
For subsections (2) to (4) substitute—
20
“(3)
The Secretary of State may by regulations make provision about the
giving of advice to which this section applies.
(4)
In particular, regulations under subsection (3) may make provision
that has the effect that—
(a)
a request for advice made by an applicant, potential applicant
25
or other person, or
(b)
advice given to an applicant, potential applicant or other
person,

must be, or may be, disclosed by the Secretary of State to other
persons or to the public generally.”
30
Information about, and entry onto, land
11
In section 52(2) and (4) (authorisation by Commission to serve notice
requiring names and addresses of persons with interests in land) for
“Commission” substitute “Secretary of State”.
12    (1)
Amend section 53 (rights of entry) as follows.
35
      (2)
In subsections (1) and (2) (Commission may authorise entry) for
“Commission” (in each place) substitute “Secretary of State”.
      (3)
In subsection (4)(c) for “Commission’s” substitute “Secretary of State’s”.

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
320

Acceptance of applications
13    (1)
Amend section 55 (acceptance by Commission of applications) as follows.
      (2)
For “Commission” (in each place) substitute “Secretary of State”.
      (3)
In subsections (2), (4) and (6) for “it” (in each place) substitute “the Secretary
of State”.
5
      (4)
In subsection (7)—
(a)
for “it cannot accept the application, it” substitute “the application
cannot be accepted, the Secretary of State”, and
(b)
in paragraph (b) for “its” substitute “the Secretary of State’s”.
14
In section 56 (if Commission accepts application, applicant to notify
10
deadline for receipt by Commission of representations) for “Commission”
(in each place) substitute “Secretary of State”.
15
In section 58(1) and (2) (applicant must certify to Commission that section 56
has been complied with) for “Commission” substitute “Secretary of State”.
16
In section 59(1) and (2) (applicant must notify Commission of persons
15
affected by any request to authorise compulsory acquisition) for
“Commission” substitute “Secretary of State”.
17    (1)
Amend section 60 (Commission’s duty to seek local impact reports) as
follows.
      (2)
For “Commission” (in each place) substitute “Secretary of State”.
20
      (3)
In subsection (2) for “to it” substitute “to the Secretary of State”.
Deciding how application is to be handled
18    (1)
Amend section 61 (initial choice of Panel or single Commissioner) as follows.
      (2)
In subsection (1) (which refers to acceptance of an application by the
Commission) for “Commission” substitute “Secretary of State”.
25
      (3)
For subsections (2) to (5) (person appointed to chair Commission must make
initial choice after consultation within the Commission and having regard to
Secretary of State’s guidance) substitute—
“(2)
The Secretary of State must decide whether the application—
(a)
is to be handled by a Panel under Chapter 2, or
30
(b)
is to be handled by a single appointed person under Chapter
3.
(3)
The Secretary of State must publish the criteria that are to be applied
in making decisions under subsection (2).”
      (4)
In the heading for “Commissioner” substitute “appointed person”.
35
19    (1)
Amend section 62 (switching from single Commissioner to Panel) as follows.
      (2)
In subsection (1), and in the heading, for “Commissioner” substitute
“appointed person”.
      (3)
For subsections (2) to (5) (person appointed to chair Commission may make
switch after consultation within the Commission and having regard to the
40

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
321

Secretary of State’s guidance) substitute—
“(2)
The Secretary of State may decide that the application should instead
be handled by a Panel under Chapter 2.
(3)
The Secretary of State must publish the criteria that are to be applied
in making decisions under subsection (2).”
5
Delegation of functions conferred on person appointed to chair Commission
20
Omit section 63 (power for Commission’s chair to delegate functions under
Part 6 to a deputy).
Handling of applications by a Panel
21
In section 64(1)(a) (which refers to an application accepted by the
10
Commission) for “Commission” substitute “Secretary of State”.
22    (1)
Amend section 65 (appointment of members, and lead member, of Panel) as
follows.
      (2)
For subsection (1) (Commission chair must appoint Panel and Panel chair)
substitute—
15
“(1)
The Secretary of State must appoint—
(a)
three, four or five persons to be members of the Panel, and
(b)
one of those persons to chair the Panel.”
      (3)
Omit subsections (3) to (5) (self-appointments, and duty to consult within
the Commission before making appointments).
20
23    (1)
Amend section 66 (ceasing to be member, or lead member, of Panel) as
follows.
      (2)
Omit subsection (1) (generally, person ceases to be Panel member on ceasing
to be a Commissioner).
      (3)
In subsections (3) and (4) (member, or lead member, may resign by notice to
25
Commission) for “Commission” substitute “Secretary of State”.
      (4)
In subsection (5) (Commission chair may remove Panel member or lead
member)—
(a)
for “person appointed to chair the Commission (“the chair”)”
substitute “Secretary of State”, and
30
(b)
in paragraphs (a) and (b) for “chair” substitute “Secretary of State”.
24
Omit section 67 (Panel member continuing though ceasing to be
Commissioner).
25    (1)
Amend section 68 (additional appointments to Panel) as follows.
      (2)
For subsection (2) (Commission chair may appoint additional Panel
35
member) substitute—
“(2)
The Secretary of State may appoint a person to be a member of the
Panel, but this power may not be exercised so as to cause the Panel
to have more than five members.”