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| | |
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| |
| | | (b) | to have regard to activities of a person within subsection (7) so far as they |
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| | | are relevant to activities within subsection (3).’. |
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| | |
| | | |
| | Page 61, line 16 [Clause 90], leave out from ‘documents,’ to end of line 17 and |
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| | |
| | | ‘(c) | the preparation of marine plans under the Marine and Coastal Access Act |
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| | | 2009 for the English inshore region, the English offshore region or any |
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| | | part of either of those regions, |
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| | | (d) | activities that can reasonably be considered to prepare the way for |
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| | | activities within any of paragraphs (a) to (c) that are, or could be, |
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| | | |
| | | (e) | activities that support activities within any of paragraphs (a) to (c),’. |
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| | |
| | | |
| | Page 61, line 18 [Clause 90], leave out from ‘to’ to end of line 20 and insert ‘a |
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| | |
| | | (3A) | For the purposes of subsection (3), each of the following is a “strategic matter”— |
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| | | (a) | sustainable development or use of land that has or would have a |
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| | | significant impact on at least two planning areas, including (in particular) |
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| | | sustainable development or use of land for or in connection with |
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| | | infrastructure that is strategic and has or would have a significant impact |
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| | | on at least two planning areas, and |
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| | | (b) | sustainable development or use of land in a two-tier area if the |
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| | | |
| | | (i) | is a county matter, or |
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| | | (ii) | has or would have a significant impact on a county matter. |
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| | | |
| | | “county matter” has the meaning given by paragraph 1 of Schedule 1 to the |
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| | | principal Act (ignoring sub-paragraph 1(1)(i)), |
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| | | |
| | | |
| | | (i) | a district council (including a metropolitan district |
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| | | |
| | | (ii) | a London borough council, or |
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| | | (iii) | a county council in England for an area for which there |
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| | | |
| | | | but only so far as that area is neither in a National Park nor in the |
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| | | |
| | | |
| | | |
| | | (d) | the English inshore region, or |
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| | | (e) | the English offshore region, and |
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| | | “two-tier area” means an area— |
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| | | (f) | for which there is a county council and a district council, but |
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| | | (g) | which is not in a National Park.’. |
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| | | |
| | Page 61, line 21 [Clause 90], leave out ‘(2)’ and insert ‘(2)(a)’. |
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| | |
| | | |
| | Page 61 [Clause 90], leave out lines 23 to 30 and insert— |
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| | | ‘(a) | considering whether to consult on and prepare, and enter into and |
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| | | publish, agreements on joint approaches to the undertaking of activities |
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| | | within subsection (3), and |
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| | | (b) | if the person is a local planning authority, considering whether to agree |
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| | | under section 28 to prepare joint local development documents.’. |
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| | |
| | | |
| | Page 61, line 36 [Clause 90], at end insert— |
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| | | ‘(7) | A person is within this subsection if the person is a body, or other person, |
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| | | that is prescribed or of a prescribed description.’. |
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| | |
| | | |
| | Page 61, line 36 [Clause 90], at end insert— |
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| | | |
| | | “the English inshore region” and “the English offshore region” have the |
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| | | same meaning as in the Marine and Coastal Access Act 2009, and |
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| | | “land” includes the waters within those regions and the bed and subsoil of |
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| | | |
| | |
| | | |
| | Page 61, line 36 [Clause 90], at end insert— |
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| | | ‘(2) | In section 16 of the Planning and Compulsory Purchase Act 2004 (applying Part |
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| | | 2 for purposes of a county council’s minerals and waste development scheme) |
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| | | after subsection (4) insert— |
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| | | “(5) | Also, subsection (3)(b) does not apply to section 33A(1)(a) and (aa).”’. |
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| | |
| | | |
| | Page 61, line 36 [Clause 90], at end insert— |
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| | | ‘(3) | In section 20(5) of the Planning and Compulsory Purchase Act 2004 |
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| | | (development plan documents: purpose of independent examination) after |
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| | | paragraph (b) insert “; and |
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| | | (c) | whether the local planning authority complied with any duty |
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| | | imposed on the authority by section 33A in relation to its |
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| | | |
| | |
| | | |
| | Page 62, line 29 [Clause 92], after ‘conclude’, insert ‘— |
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| | | |
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| | |
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| |
| | |
| | | |
| | Page 62, line 30 [Clause 92], at end insert ‘and |
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| | | (ii) | that the local planning authority complied with any duty imposed |
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| | | on the authority by section 33A in relation to the document’s |
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| | | |
| | |
| | | |
| | Page 288, line 11 [Schedule 9], leave out ‘section 61G’ and insert ‘sections 61G |
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| | |
| | |
| | | |
| | Page 289 [Schedule 9], leave out lines 20 to 30 and insert— |
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| | | ‘(a) | it is established expressly for either or both of the following |
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| | | |
| | | (i) | furthering the social, economic and environmental |
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| | | well-being of individuals living, or wanting to live, in |
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| | | an area that consists of or includes the neighbourhood |
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| | | |
| | | (ii) | promoting the carrying on of trades, professions or |
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| | | other businesses in such an area, |
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| | | (b) | its membership is open to— |
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| | | (i) | individuals who live in the neighbourhood area |
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| | | |
| | | (ii) | individuals who work there (whether for businesses |
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| | | carried on there or otherwise), and |
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| | | (iii) | individuals who are elected members of a county |
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| | | council, district council or London borough any of |
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| | | whose area falls within the neighbourhood area |
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| | | |
| | | (c) | its membership includes a minimum of 21 individuals each of |
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| | | |
| | | (i) | lives in the neighbourhood area concerned, |
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| | | (ii) | works there (whether for a business carried on there |
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| | | |
| | | (iii) | is an elected member of a county council, district |
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| | | council or London borough any of whose area falls |
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| | | within the neighbourhood area concerned, |
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| | | (d) | it has a written constitution, and |
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| | | (e) | such other conditions as may be prescribed.’. |
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| | |
| | | |
| | Page 289, line 34 [Schedule 9], at end insert— |
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| | | ‘(aa) | must, in determining under subsection (5) whether to |
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| | | designate an organisation or body as a neighbourhood forum |
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| | | for a neighbourhood area, have regard to the desirability of |
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| | | designating an organisation or body— |
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| | | (i) | which has secured (or taken reasonable steps to |
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| | | attempt to secure) that its membership includes at |
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| |
| | |
| | |
| |
| | | least one individual falling within each of sub- |
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| | | paragraphs (i) to (iii) of subsection (5)(b), |
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| | | (ii) | whose membership is drawn from different places in |
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| | | the neighbourhood area concerned and from different |
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| | | sections of the community in that area, and |
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| | | (iii) | whose purpose reflects (in general terms) the |
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| | | character of that area,’. |
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| | |
| | | |
| | Page 290, line 28 [Schedule 9], at end insert— |
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| | | ‘(d) | requiring a local planning authority to have regard (in |
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| | | addition, where relevant, to the matters set out in subsection |
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| | | (7)(aa)) to prescribed matters in determining whether to |
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| | | designate an organisation or body as a neighbourhood |
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| | | |
| | |
| | | |
| | Page 292, line 2 [Schedule 9], at end insert— |
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| | | ‘61GA | Neighbourhood areas in areas of two or more local planning |
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| | | |
| | | (1) | The power to designate an area as a neighbourhood area under section |
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| | | 61G is exercisable by two or more local planning authorities in |
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| | | England if the area falls within the areas of those authorities. |
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| | | (2) | Regulations may make provision in connection with— |
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| | | (a) | the operation of subsection (1), and |
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| | | (b) | the operation of other provisions relating to neighbourhood |
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| | | development orders (including sections 61F and 61G) in cases |
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| | | where an area is designated as a neighbourhood area as a |
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| | | result of that subsection. |
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| | | (3) | The regulations may in particular make provision— |
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| | | (a) | modifying or supplementing the application of, or |
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| | | disapplying, any of the provisions mentioned in subsection |
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| | | |
| | | (b) | applying (with or without modifications) any provision of Part |
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| | | 6 of the Local Government Act 1972 (discharge of functions) |
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| | | in cases where the provision would not otherwise apply, |
|
| | | (c) | requiring local planning authorities to exercise, or not to |
|
| | | exercise, any power conferred by any provision of that Part |
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| | | (including as applied by virtue of paragraph (b)), and |
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| | | (d) | conferring powers or imposing duties on local planning |
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| | | |
| | |
| | | |
| | Page 293, line 31 [Schedule 9], leave out ‘commences’ and insert ‘begins’. |
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| |
| | |
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| | |
| | | |
| | Page 293, line 41 [Schedule 9], leave out ‘commenced’ and insert ‘begun’. |
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| | |
| | | |
| | Page 296, line 11 [Schedule 9], at end insert— |
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| | | ‘(ba) | in subsection (5), for “to be adopted, approved or published (as the |
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| | | case may be)” substitute “to become part of the development plan”,’. |
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| | |
| | | |
| | Page 297, line 39 [Schedule 9], leave out ‘section 61G’ and insert ‘sections 61G |
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| | |
| | |
| | | |
| | Page 298, line 6 [Schedule 9], at end insert— |
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| | | ‘(1A) | Only one neighbourhood development plan may be made for each |
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| | | |
| | |
| | | |
| | Page 298, line 26 [Schedule 9], at end insert— |
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| | | ‘(ab) | section 61GA(2) and (3) (neighbourhood areas in areas of two |
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| | | or more local planning authorities),’. |
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| | |
| | | |
| | Page 299, line 2 [Schedule 9], at end insert— |
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| | | ‘(d) | paragraph 8 is to have effect as if sub-paragraphs (2)(aa) and |
|
| | | (ab) and (2A) to (2C) were omitted.’. |
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| | |
| | | |
| | Page 302 [Schedule 10], leave out lines 27 and 28. |
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| | |
| | | |
| | Page 302, line 31 [Schedule 10], at end insert— |
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| | | ‘(7) | The Secretary of State or another local planning authority may enter |
|
| | | into arrangements with the authority for the provision of the |
|
| | | services of any of their employees as examiners. |
|
| | | (8) | Those arrangements may include— |
|
| | | (a) | provision requiring payments to be made by the authority |
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| | | to the Secretary of State or other local planning authority, |
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| | | |
| | | (b) | other provision in relation to those payments and other |
|
| | | |
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| |
| | |
| | |
| |
| | |
| | | |
| | Page 302, line 46 [Schedule 10], at end insert— |
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| | | ‘(aa) | having special regard to the desirability of preserving any |
|
| | | listed building or its setting or any features of special |
|
| | | architectural or historic interest that it possesses, it is |
|
| | | appropriate to make the order, |
|
| | | (ab) | having special regard to the desirability of preserving or |
|
| | | enhancing the character or appearance of any conservation |
|
| | | area, it is appropriate to make the order,’. |
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| | |
| | | |
| | Page 303, line 8 [Schedule 10], at end insert— |
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| | | ‘(2A) | Sub-paragraph (2)(aa) applies in relation to a listed building only in |
|
| | | so far as the order grants planning permission for development that |
|
| | | affects the building or its setting. |
|
| | | (2B) | Sub-paragraph (2)(ab) applies in relation to a conservation area |
|
| | | only in so far as the order grants planning permission for |
|
| | | development in relation to buildings or other land in the area. |
|
| | | (2C) | In this paragraph “listed building” has the same meaning as in the |
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| | | Planning (Listed Buildings and Conservation Areas) Act 1990.’. |
|
| | |
| | | |
| | Page 312, line 31 [Schedule 11], at end insert— |
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| | | ‘(6) | Any reference in this Act or any other enactment to paragraph 12 of |
|
| | | Schedule 4B includes a reference to that paragraph as modified in |
|
| | | accordance with this paragraph.’. |
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| | |
| | | |
| | Page 313, line 10 [Schedule 11], leave out ‘by a community organisation’. |
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| | |
| | | |
| | Page 71, line 15 [Clause 100], leave out from ‘may’ to end of line 16 and insert ‘do |
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| | anything that the Secretary of State considers appropriate—’. |
|
| | |
| | | |
| | Page 71, line 20 [Clause 100], leave out from ‘of’ to ‘anything’ in line 21 and insert |
|
| | ‘giving advice or assistance to anyone in relation to the making of proposals for such |
|
| | orders or plans or the doing of’. |
|
| | |
| | | |
| | Page 71, line 22 [Clause 100], at end insert— |
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| | | ‘(1A) | The things that the Secretary of State may do under this section include, in |
|
| | | |
|
| |
| | |
| | |
| |
| | | (a) | the provision of financial assistance (or the making of arrangements for |
|
| | | its provision) to any body or other person, and |
|
| | | (b) | the making of agreements or other arrangements with any body or other |
|
| | | person (under which payments may be made to the person).’. |
|
| | |
| | | |
| | Page 71, line 23 [Clause 100], at end insert— |
|
| | | ‘(za) | the reference to giving advice or assistance includes providing training or |
|
| | | |
| | |
| | | |
| | Page 313, line 25 [Schedule 12], at end insert— |
|
| | | ‘1A | In section 56(3) (time when development begun)— |
|
| | | (a) | after “sections” insert “61J(5) and (7),”, and |
|
| | | (b) | for “and 94” substitute “, 94 and 108(3E)(c)(i)”.’. |
|
| | |
| | | |
| | Page 315, line 34 [Schedule 12], leave out ‘started’ and insert ‘begun’. |
|
| | |
| | | |
| | Page 72, line 9 [Clause 102], leave out from ‘must’ to ‘carry’ in line 10. |
|
| | | Applications for planning permission: local finance considerations |
|
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | Section 70 of the Town and Country Planning Act 1990 (determination of |
|
| | | applications for planning permission: general considerations) is amended as |
|
| | | |
| | | (2) | In subsection (2) (local planning authority to have regard to material |
|
| | | considerations in dealing with applications) for the words from “to the |
|
| | | provisions” to the end substitute “to— |
|
| | | (a) | the provisions of the development plan, so far as material to the |
|
| | | |
| | | (b) | any local finance considerations, so far as material to the |
|
| | | |
| | | (c) | any other material considerations.” |
|
| | | (3) | After subsection (2) insert— |
|
| | | “(2A) | Subsection (2)(b) does not apply in relation to Wales.” |
|
| | | (4) | After subsection (3) insert— |
|
| | | |
| | | “local finance consideration” means— |
|
|
