Session 2010 - 12
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Other Bills before Parliament

Notices of Amendments: 13 May 2011

2053

Localism Bill, continued

“relevant local authority” means a local authority in England, Wales or

Scotland which is a licensing authority under the Gambling Act 2005.’.

Abolition of appeal process

Philip Davies

NC9

To move the following Clause:—

‘(1)	If a planning development for housing has been rejected by a local authority, the

developer is prevented from appealing to the Planning Inspectorate or Secretary

of State.’.

Transfer of generating station consent powers to Welsh Ministers

Jonathan Edwards

NC11

To move the following Clause:—

‘(1)	The Secretary of State must make regulations to transfer to the Welsh Ministers

those functions of the Infrastructure Planning Commission and the Marine

Management Organisation which relate to applications for an order granting

development consent for the construction or extension of generating stations in

Wales or in waters in or adjacent to Wales up to the seaward limits of the

territorial sea.

(2)	Regulations made under subsection (1) must be laid within 12 months of the

passing of this Act and are subject to the negative resolution procedure.’.

Retail diversity scheme

Barbara Keeley

Alison Seabeck

Jack Dromey

Greg Mulholland

NC29

To move the following Clause:—

‘(1)	In Part 2 of the Planning and Compulsory Purchase Act 2004 after section 15

insert—

“15A  (1)

The local planning authority must prepare and maintain a scheme to

be known as their retail diversity scheme.

Notices of Amendments: 13 May 2011

2054

Localism Bill, continued

(2)	The retail diversity scheme must form part of the Local Development

Scheme within two years of the Local Development Scheme being

published or within two years of this Act being passed, whichever is

later.

(3)	The scheme must—

(a)	define a network and hierarchy of retail centres in the local

authority area,

(b)	assess the need for development in retail centres,

(c)	identify sites for development based on the sequential

approach, and

(d)	promote retail diversity.

(4)	In this section—

(a)	‘retail diversity’ means a mix of retail provision that meets the

requirements of the local catchment area in terms of range and

quality of comparison and convenience retail businesses;

(b)	‘sequential approach’ means that local planning authorities

must identify sites that are suitable, available and viable for

development in the following order—

(i)	locations in appropriate existing centres;

(ii)	edge of centre locations, with preference given to

sites that are or will be well connected to existing

retail centres;

(iii)

out of centre sites with preference given to sites well

served by a choice of transport and are closest to an

existing centre.

(5)	The Secretary of State may direct the local planning authority to make

such amendments to the scheme as he thinks appropriate.

(6)	Such a direction must contain the Secretary of State’s reasons for

giving it.

(7)	The local planning authority must consult with the local community in

developing the scheme.

(8)	The local community as defined under subsection (7) must include—

(a)	a parish council or parish councils authorised to act in relation

to the neighbourhood area or areas to which the retail diversity

scheme relates subject to section 61F of the Town and

Country Planning Act 1990,

(b)	a ‘qualifying body’ authorised to act in relation to the

neighbourhood area or areas to which the retail diversity

scheme relates subject to section 61F of the Town and

Country Planning Act 1990, and

(c)	any other local person at the discretion of the local planning

authority.

(9)	Where a retail planning application is submitted and there is no retail

diversity scheme in place the applicant must provide a statement to the

local planning authority that sets out how the development impacts on

the criteria identified in subsection (3); and the local planning

Notices of Amendments: 13 May 2011

2055

Localism Bill, continued

authority must consult the local community as defined in subsection

(8) before coming to a decision on the application.”’.

Planning consent for betting offices

Mr David Lammy

Joan Ruddock

Frank Dobson

Jeremy Corbyn

Jim Fitzpatrick

John McDonnell

Total signatories: 14

NC30

To move the following Clause:—

‘(1)	That, notwithstanding any existing statutory provision, a local authority may

require planning consent to be applied for pursuant to section 62 of the Town and

Country Planning Act 1990 and granted prior to the establishment of, or change

of use of premises or land to establish, a betting office in that local authority’s

area.

(2)	“Betting office” means premises, other than a track within the meaning of the

Gambling Act 2005, in respect of which a betting premises licence under Part 8

of that Act has effect.’.

Change of use class for betting offices

Mr David Lammy

Joan Ruddock

Frank Dobson

Jeremy Corbyn

Jim Fitzpatrick

John McDonnell

Total signatories: 14

NC31

To move the following Clause:—

‘The Town and Country Planning (Use Classes) Order 1987 is amended as

follows—

(1)	In article 3(6) (exclusion from use classes), at end add—

“(n)	as a betting office”.

(2)	In Part A (Use Classes) of the Schedule to the principal Order, in Class A2(c) omit

“(including use as a betting office)”.

Notices of Amendments: 13 May 2011

2056

Localism Bill, continued

(3)	“Betting office” means premises, other than a track within the meaning of the

Gambling Act 2005, in respect of which a betting premises licence under Part 8

of that Act has effect.’.

Amendment of the Planning and Compulsory Purchase Act 2004

Barbara Keeley

Alison Seabeck

Jack Dromey

NC32

To move the following Clause:—

‘(8A)

In section 19(1A) of the Planning and Compulsory Purchase Act 2004

(preparation of local development documents)—

(a)	leave out “(taken as a whole)”,

(b)	leave out from “contribute” to “change” and insert—

(i)	achieve reductions of greenhouse gas emissions in line with the

carbon budgets set under the Climate Change Act 2008;

(ii)	meet current national policy objectives on assessing the risk of

and adapting to climate change, in relation to that area.’.

Guidance on opencast mining: separation zones etc.

Nigel Mills

NC34

To move the following Clause:—

‘(1)	The Secretary of State must issue guidance on the national planning policy for

opencast mining in England within six months of this Act being passed.

(2)	The guidance must require a minimum separation zone of 500 metres between the

site of an opencast mine and the nearest residential property, unless there are

exceptional circumstances.

(3)	Mineral planning authorities in England must have regard to any guidance issued

under this section when fulfilling their functions.

(4)	In this section “opencast mining” means the working of minerals by opencast

operations and the carrying out of operations incidental to such working.’.

Notices of Amendments: 13 May 2011

2057

Localism Bill, continued

Scope of the Town and Country Planning (General Permitted Development) Order (No.2)

Greg Mullholland

Justin Tomlinson

Kate Hoey

Mr John Leech

NC35

To move the following Clause:—

‘The Secretary of State must within 12 months of this Act being passed by

regulations made by statutory instrument, amend the Town and Country Planning

(General Permitted Development) Order 1995 (S.I. 1995/418) (the “GPDO”)

removing permitted development rights specified in neighbourhood development

orders from the scope of the GPDO.’.

Scope of the Town and Country Planning (General Permitted Development) Order (No.1)

Greg Mullholland

Justin Tomlinson

Kate Hoey

Mr John Leech

NC36

To move the following Clause:—

‘The Secretary of State must within 12 months of this Act being passed by

regulations made by statutory instrument, amend the Town and Country Planning

(General Permitted Development) Order 1995 (S.I. 1995/418) (the “GPDO”)

removing land or premises used or formerly used as a public house from the scope

of the GPDO.’.

Secretary Eric Pickles

144

Page  61,  line  4  [Clause  90],  after ‘authority,’, insert—

‘(aa)

a county council in England that is not a local planning authority,’.

Barbara Keeley

Alison Seabeck

Jack Dromey

293

Page  61,  line  6  [Clause  90],  at end insert ‘including a County Council, an

Integrated Transport Authority for the area or a Marine Plan Authority.’.

Secretary Eric Pickles

145

Page  61,  line  7  [Clause  90],  after ‘(a)’, insert ‘, (aa)’.

Notices of Amendments: 13 May 2011

2058

Localism Bill, continued

Secretary Eric Pickles

146

Page  61,  line  8  [Clause  90],  after ‘(b)’, insert ‘or subsection (7)’.

Secretary Eric Pickles

147

Page  61,  line  11  [Clause  90],  after ‘person’, insert ‘—

(a)

’.

Barbara Keeley

Alison Seabeck

Jack Dromey

294

Page  61,  line  13  [Clause  90],  after ‘undertaken’, insert ‘where issues or impacts

cross administrative boundaries and with the objective of achieving sustainable

development’.

Secretary Eric Pickles

148

Page  61,  line  13  [Clause  90],  at end insert ‘, and

(b)	to have regard to activities of a person within subsection (7) so far as they

are relevant to activities within subsection (3).’.

Barbara Keeley

Alison Seabeck

Jack Dromey

295

Page  61,  line  15  [Clause  90],  at end insert—

‘(ab)

the preparation of Joint Infrastructure Planning Guidance.’.

Secretary Eric Pickles

149

Page  61,  line  16  [Clause  90],  leave out from ‘documents,’ to end of line 17 and

insert—

‘(c)	the preparation of marine plans under the Marine and Coastal Access Act

2009 for the English inshore region, the English offshore region or any

part of either of those regions,

(d)	activities that can reasonably be considered to prepare the way for

activities within any of paragraphs (a) to (c) that are, or could be,

contemplated, and

(e)	activities that support activities within any of paragraphs (a) to (c),’.

Barbara Keeley

Alison Seabeck

Jack Dromey

297

Page  61,  line  17  [Clause  90],  at end insert—

‘(d)	the preparation of the Local Transport Plan;

(e)	the preparation of marine plans; and

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

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

Notices of Amendments: 13 May 2011

2059

Localism Bill, continued

Secretary Eric Pickles

150

Page  61,  line  18  [Clause  90],  leave out from ‘to’ to end of line 20 and insert ‘a

strategic matter.

(3A)	For the purposes of subsection (3), each of the following is a “strategic matter”—

(a)	sustainable development or use of land that has or would have a

significant impact on at least two planning areas, including (in particular)

sustainable development or use of land for or in connection with

infrastructure that is strategic and has or would have a significant impact

on at least two planning areas, and

(b)	sustainable development or use of land in a two-tier area if the

development or use—

(i)	is a county matter, or

(ii)	has or would have a significant impact on a county matter.

(3B)	In subsection (3A)—

“county matter” has the meaning given by paragraph 1 of Schedule 1 to the

principal Act (ignoring sub-paragraph 1(1)(i)),

“planning area” means—

(a)	the area of—

(i)	a district council (including a metropolitan district

council),

(ii)	a London borough council, or

(iii)

a county council in England for an area for which there

is no district council,

but only so far as that area is neither in a National Park nor in the

Broads,

(b)	a National Park,

(c)	the Broads,

(d)	the English inshore region, or

(e)	the English offshore region, and

“two-tier area” means an area—

(f)	for which there is a county council and a district council, but

(g)	which is not in a National Park.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

296

Page  61,  line  18  [Clause  90],  leave out from ‘land’ to end of line 20 and insert ‘and

strategic infrastructure and in particular the preparation of Joint Infrastructure Planning

Guidance.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

298

Page  61,  line  20  [Clause  90],  at end insert—

‘(3A)

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

must involve—

(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).

© Parliamentary copyright	Revised 16 May 2011