Session 2010 - 12
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Notices of Amendments: 13 May 2011

2046

Localism Bill, continued

(3B)	The date so specified must not be later than the day on which the warning notice

is given to the authority in question.’.

Secretary Eric Pickles

135

Page  23,  line  39  [Clause  31],  leave out ‘a further’ and insert ‘another’.

Kelvin Hopkins

355

Page  23,  line  41,  leave out Clause 32.

Secretary Eric Pickles

136

Page  24,  line  1  [Clause  32],  at end insert ‘and the total amount of that sanction,’.

Secretary Eric Pickles

137

Page  24,  line  10  [Clause  32],  at end insert—

‘(2A)

If the EU financial sanction to which the notice relates is or includes a penalty

payment, the sanction is to be treated for the purposes of the notice as excluding

any periodic payment which falls due from the United Kingdom on or after the

date specified under section 31(3A) in the warning notice given to the authority.’.

Secretary Eric Pickles

138

Page  24,  line  11  [Clause  32],  leave out ‘specified in the notice’ and insert ‘required

to be paid by the authority’.

Kelvin Hopkins

356

Page  24,  line  23,  leave out Clause 33.

Secretary Eric Pickles

139

Page  24,  line  33  [Clause  33],  at end insert—

‘(d)	the Council of the Isles of Scilly.’.

Secretary Eric Pickles

140

Page  24,  line  37  [Clause  33],  at end insert—

‘(4)	The following may not be designated under subsection (3)—

(a)	either House of Parliament, a Minister of the Crown or a United Kingdom

government department;

(b)	a court or tribunal.’.

Notices of Amendments: 13 May 2011

2047

Localism Bill, continued

Kelvin Hopkins

357

Page  24,  line  38,  leave out Clause 34.

Secretary Eric Pickles

141

Page  24,  line  41  [Clause  34],  at end insert ‘or section [Further EU financial

sanction notices]’.

Secretary Eric Pickles

142

Page  25,  line  3  [Clause  34],  leave out ‘an obligation under the EU treaties’ and

insert ‘a judgment of the Court of Justice of the European Union made under Article

260(1) of the Treaty on the Functioning of the European Union’.

Secretary Eric Pickles

143

Page  25,  line  6  [Clause  34],  at end insert—

‘(2)	For the purposes of this Part—

(a)	references to a periodic payment, in relation to an EU financial sanction

that is or includes a penalty payment, are to a payment due under the

terms of the penalty payment; and

(b)	a periodic payment is to be regarded as the subject of an EU financial

sanction notice given to a local or public authority if it is included in the

sum specified in such a notice as the total amount of the EU financial

sanction to which the notice relates;

and it is immaterial for the purposes of paragraph (b) whether the EU financial

sanction notice in question is given under section 32 or section [Further EU

financial sanction notice].’.

New Clauses relating to Part 5

Applications for planning permission: local finance considerations

Secretary Eric Pickles

nc15

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

follows.

(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

application,

Notices of Amendments: 13 May 2011

2048

Localism Bill, continued

(b)	any local finance considerations, so far as material to the

application, and

(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—

“(4)	In this section—

“local finance consideration” means—

(a)	a grant or other financial assistance that has been, or will or could

be, provided to a relevant authority by a Minister of the Crown,

or

(b)	sums that a relevant authority has received, or will or could

receive, in payment of Community Infrastructure Levy;

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975;

“relevant authority” means—

(a)	a district council;

(b)	a county council in England;

(c)	the Mayor of London;

(d)	the council of a London borough;

(e)	a Mayoral development corporation;

(f)	an urban development corporation;

(g)	a housing action trust;

(h)	the Council of the Isles of Scilly;

(i)	the Broads Authority;

(j)	a National Park authority in England;

(k)	the Homes and Communities Agency; or

(l)	a joint committee established under section 29 of the Planning

and Compulsory Purchase Act 2004.”’.

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;

Notices of Amendments: 13 May 2011

2049

Localism Bill, continued

(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.’.

Community Right of Appeal

Stephen Gilbert

Mr David Ward

Annette Brooke

Greg Mulholland

Caroline Lucas

Mr Adrian Sanders

Total signatories: 19

Mr John Leech

Roberta Blackman-Woods

Stephen Williams

Andrew George

Dan Rogerson

Bob Russell

Simon Hughes

Stephen Lloyd

Zac Goldsmith

Mr Laurence Robertson

Stuart Andrew

Caroline Nokes

Justin Tomlinson

NC4

To move the following Clause:—

‘(1)	The Town and Country 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 being in

accordance 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;

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;

Notices of Amendments: 13 May 2011

2050

Localism Bill, continued

(b)	any parish council or neighbourhood forum, as defined in section

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

application relates, 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 “land”, insert “(except for appeals as defined in

section 78(2A) and where the appellant is as defined in section

78(2B)).”.’.

Powers of the Secretary of State

Simon Kirby

NC5

To move the following Clause:—

‘(1)	If the Secretary of State thinks that a statutory provision (whenever passed or

made) is creating uncertainty for local authorities in the discharge of their

planning functions or is a matter of public dispute between local planning

authorities and other relevant bodies, the Secretary of State may by order made

by statutory instrument amend, repeal, revoke or disapply that provision.

(2)	The power under subsection (1) may by exercised in relation to—

(a)	all local authorities,

(b)	particular local authorities, or

(c)	particular decriptions of local authority.

(3)	The power under subsection (1) to amend or disapply a statutory provision

includes power to amend or disapply a statutory provision for a particular period.

(4)	In this section “statutory provision” means a provision of an Act.

(5)	Before making an order under subsection (1) the Secretary of State must

consult—

(a)	such local authorities

(b)	such representatives of local government, and

(c)	such other persons (if any), as the Secretary of State considers

appropriate.

Notices of Amendments: 13 May 2011

2051

Localism Bill, continued

(6)	The Secretary of State may not make an order under this section unless a draft of

the statutory instrument containing the order has been laid before, and approved

by a resolution of, each House of Parliament.’.

The purpose of planning

Joan Walley

Mr Clive Betts

Caroline Lucas

NC6

To move the following Clause:—

‘(1)	The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2)	Before section 1 insert—

“A1	Purpose of Planning

(1)	The purpose of the planning system is to achieve sustainable

development.

(2)	Any person exercising functions and duties under the planning Acts must

do so with the objective of achieving sustainable development and shall

have regard in doing so to any guidance given for that purpose by the

Secretary of State.

A2	Interpretation

(1)	In this Act—

(a)	‘sustainable development’ means development that meets the

social, economic and environmental needs of the present without

compromising the ability of future generations to meet their own

needs including the application of the following principles:

(i)	living within environmental limits;

(ii)	ensuring a strong, healthy and just society;

(iii)

achieving a sustainable economy;

(iv)	promoting good governance;

(v)	using sound science responsibly;

(b)	‘the planning Acts’ means—

(i)	the Localism Act 2011;

(ii)	the Planning Act 2008;

(iii)

this Act;

(iv)	the Town and Country Planning Act 1990;

(v)	the Planning (Listed Buildings and Conservation Areas)

Act 1990;

(vi)	the Planning (Hazardous Substances) Act 1990; and

(vii)

the Planning (Consequential Provisions) Act 1990.”’.

Notices of Amendments: 13 May 2011

2052

Localism Bill, continued

Removal of permitted area restrictions

Philip Davies

NC7

To move the following Clause:—

‘(1)	A relevant local authority may consider and, if it thinks fit, grant an application

to vary a converted casino premises licence so that it relates to premises to which

it did not previously relate and may do so regardless of whether or not—

(a)	the premises to which the application relates are situated in the area of the

relevant local authority which issued the licence; and

(b)	the area of the relevant local authority in which those premises are

situated was a permitted area when the converted casino premises licence

was originally issued.

(2)	Subsection (1) shall not require a relevant local authority to consider any

application to vary a converted casino premises licence if that local authority has

passed a resolution under section 166 of the Gambling Act 2005 (resolution not

to issue casino licences) and that resolution is in effect at the time the application

is made.

(3)	In Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional

Provisions) (Amendment) Order 2006 (transitional provisions), for sub-

paragraph (13) of paragraph 65 (application of the Gambling Act 2005 to casino

premises licences granted on a conversion application) substitute—

“(13)

An application to vary a converted casino premises licence so that it

relates to premises to which it did not previously relate shall be

made—

(a)	in the case of premises wholly or partly situated in the area of

the licensing authority which issued the licence, to that

licensing authority; or

(b)	in the case of premises wholly or partly situated in the area of

another licensing authority, to that other licensing authority,

and section 213(f) (definition of licensing authority) shall apply to

such an application as if the licensing authority considering such an

application under paragraph (b) was the authority which issued that

licence.

(14)	Nothing in paragraph (13)(b) shall require a licensing authority to

consider or grant an application to vary a converted casino premises

licence so that it relates to premises to which it did not previously

relate if—

(a)	the premises are wholly or partly situated in the area of a

licensing authority which did not issue the licence; and

(b)	the licensing authority has resolved under section 166 not to

issue casino premises licences and that resolution is in effect

at the time the application is made.”.

(4)	In this section—

“converted casino premises licence” has the same meaning as in the

Gambling Act 2005 (Commencement No. 6 and Transitional Provisions)

(Amendment) Order 2006;

“permitted area” means the area of a local authority which was a permitted

area for the purposes of the Gaming Act 1968;

© Parliamentary copyright	Revised 16 May 2011