Session 2010 - 11
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Other Bills before Parliament

1841

House of Commons

Notices of Amendments

given on

Tuesday 5 April 2011

For other Amendment(s) see the following page(s) of Supplement to Votes:

1639, 1761 and 1835

Consideration of Bill

---

Localism Bill, As Amended

Annette Brooke

Stephen Gilbert

Mr David Ward

Simon Hughes

6

Page  289,  line  23  [Schedule  9],  after ‘live’, insert ‘or businesses registered’.

Annette Brooke

Stephen Gilbert

Mr David Ward

Simon Hughes

7

Page  289,  line  26  [Schedule  9],  after ‘live’, insert ‘or businesses registered’.

Annette Brooke

Stephen Gilbert

Mr David Ward

Simon Hughes

8

Page  289,  line  27  [Schedule  9],  at end insert—

‘(ba)

it is competent to undertake the task of preparing a neighbourhood

plan with appropriate professional support.’.

Annette Brooke

Stephen Gilbert

Mr David Ward

Simon Hughes

9

Page  289,  line  27  [Schedule  9],  at end insert—

‘(ba)

it is representative of different sections of the community.’.

Notices of Amendments: 5 April 2011

1842

Localism Bill, continued

Annette Brooke

Stephen Gilbert

Mr David Ward

Simon Hughes

10

Page  289,  line  28  [Schedule  9],  leave out ‘3’ and insert ‘12’.

Sustainable development

Annette Brooke

Stephen Gilbert

Mr David Ward

Simon Hughes

NC2

To move the following Clause:—

‘(1)	The Secretary of State must, not later than six months after this Act is passed,

make provision in regulations to—

(a)	define sustainable development in the planning context, and

(b)	incorporate the five principles of sustainability as set out in the 2005

Sustainable Development Strategy—

(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

into planning law and guidance.

(2)	Before making regulations under subsection (1) the Secretary of State must

consult such organisations and persons as the Secretary of State considers

appropriate.

(3)	Regulations under this section shall be made by statutory instrument and shall be

subject to annulment in pursuance of a resolution of either House of Parliament.’.

Disestablishment of an arm’s length management organisation

Mr Clive Betts

Stephen Gilbert

Sarah Newton

NC3

To move the following Clause:—

‘Schedule [Disestablishment of an arm’s length management organisation] has

effect.’.

Mr Clive Betts

Stephen Gilbert

Sarah Newton

NS1

To move the following Schedule:—

Notices of Amendments: 5 April 2011

1843

Localism Bill, continued

‘Disestablishment of an arm’s length management organisation

1	This Schedule applies to the disestablishment of an arm’s length management

organisation (ALMO) by a local authority as a result of which responsibility

for the management for housing previously managed by the ALMO is

transferred to the local authority.

2    (1)

The Secretary of State shall not entertain an application for his or her consent

to the disbandment of an ALMO and a transfer of management to which this

Schedule applies unless the authority certify either—

(a)	that the requirements of paragraph (3) as to consultation have been

complied with, or

(b)	that the requirements of that paragraph as to consultation have been

complied with except in relation to tenants expected to have vacated

the dwelling-house in question before the transfer;

and the certificate shall be accompanied by a copy of the notices given by the

authority in accordance with that paragraph.

(2)	Where the certificate is in the latter form, the Secretary of State shall not

determine the application until the authority certify as regards the tenants

originally consulted—

(a)	that they have vacated the dwelling-house in question, or

(b)	that the requirements of paragraph (3) as to consultation have been

complied with;

and a certificate under sub-paragraph (b) shall be accompanied by a copy of

the notices given by the authority in accordance with paragraph (3).

Requirements as to consultation

3    (1)

The requirements as to consultation referred to above are as follows.

(2)	The authority shall serve notice in writing on each tenant informing him or her

of—

(a)	such details of their proposal as the authority consider appropriate, but

including the identity of the person to whom the transfer is to be made;

(b)	the likely consequences of the transfer for the tenant, and

(c)	the effect of the provisions of this Schedule and informing the tenant

that he or she may, within such reasonable period as may be specified

in the notice, make representations to the authority.

(3)	The authority shall consider any representations made to them within that

period and shall serve a further written notice on the tenant informing him or

her—

(a)	of any significant changes in their proposal, and

(b)	that the tenant may within such period as is specified (which must be

at least 28 days after the service of the notice) communicate to the

Secretary of State his or her objection to the proposal,

and informing him or her of the effect of paragraph 4.

(4)	When a notice has been served under sub-paragraph (3) the authority shall

arrange a ballot of the tenants in accordance with sub-paragraph (5) to establish

whether or not the tenants wish the transfer to proceed.

(5)	The authority shall—

(a)	make arrangements for such person as they consider appropriate to

conduct the ballot in such manner as that person considers appropriate;

or

(b)	conduct the ballot themselves.

Notices of Amendments: 5 April 2011

1844

Localism Bill, continued

(6)	After the ballot has been held the authority shall serve a notice on each tenant

(whether or not he or she voted in the ballot) informing the tenant—

(a)	of the ballot result; and

(b)	if the authority intend to proceed with the transfer, that the tenant may

within 28 days after the service of the notice make representations to

the Secretary of State or (as the case may be) the Welsh Ministers.

Consent to be withheld if majority of tenants are opposed

4    (1)

The Secretary of State shall not give his or her consent if the result of a ballot

arranged under paragraph 3(4) shows that a majority of the tenants of the

dwelling-houses to which the application relates who voted in the ballot do not

wish the transfer to proceed; but this does not affect his or her general

discretion to refuse consent on grounds relating to whether a transfer has the

support of the tenants or on any other ground.

(2)	In making this decision the Secretary of State may have regard to any

information available to him or her; and the local authority shall give him or

her such information as to the representations made to them by tenants and

others; and other relevant matters, as he or she may require.’.

Nic Dakin

11

Page  303,  line  14  [Schedule  10],  at end insert—

‘(1A)

Any person who makes written representations seeking to change a

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

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

examination.’.

Nic Dakin

12

Page  300,  line  38  [Schedule  10],  

‘(h)	imposing a duty to conduct an equalities impact assessment in line

with the Equalities Act 2010.’.

Community Right of Appeal

Stephen Gilbert

Mr David Ward

Annette Brooke

NC4

To move the following Clause:—

‘(1)	The Town and Countray Planning Act 1990 is amended as follows.

(2)	In section 78 (appeals to the Secretary of State against planning decisions and

failure to take such decisions) after subsection (2) insert—

“(2A)

Where a local planning authority grants an application for planning

permission and—

(a)	the authority has publicised the application as not according with

the development plan in force in the area in which the land to

which the application relates is situated; or

(b)	the application is one in which the authority has an interest as

defined in section 316;

Notices of Amendments: 5 April 2011

1845

Localism Bill, continued

certain persons as specified in subsection (2B) may by notice appeal to

the Secretary of State, provided any one of the conditions in subsection

(2C) are met.

(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) are—

(a)	the ward councillor for the area (if that councillor has 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, as defined in section

61F covering or adjoining the area of land to which the

application relates is situated, by two-thirds majority voting; or

(c)	any overview and scrutiny committee, by two-thirds majority

voting.

(2C)	The conditions are:

(a)	Section 61W(1) of the Town and Country Planning Act 1990

applies to the application;

(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 “authority”, insert “or the

applicant (where different from the appellant)”;

(b)	in subsection (6), after “determination” (where it first appears), insert

“(except for appeals as defined in section 78(2A) and where the appellant

is as defined in section 78(2B)).”.’.

© Parliamentary copyright	Revised 6 April 2011