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| | | (3B) | The preparation of Joint Infrastructure Planning Guidance within subsection (3) |
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| | | |
| | | (a) | the collection of evidence on issues defined in subsection (3C); |
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| | | (b) | the preparation of policy guidance in relation to issues defined in |
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| | | |
| | | (c) | any other activities that support joint infrastructure planning. |
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| | | (3C) | For the purpose of subsection (3B) the issues to be addressed include— |
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| | | (b) | climate mitigation and adaptation and in particular flood risk; |
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| | | (c) | economic development including retail needs; |
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| | | (d) | energy needs and capacity; |
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| | | (f) | natural resource use including water management; and |
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| | | (3D) | The person or bodies defined in subsection (1) must exercise the function of Joint |
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| | | Infrastructure Planning with the aim of achieving sustainable development and |
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| | | must act under guidance, including as to the meaning of sustainable development, |
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| | | as set out in the UK Sustainable Development Strategy.’. |
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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” |
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| | | have the same meaning as in the Marine and Coastal Access Act |
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| | | |
| | | “land” includes the waters within those regions and the bed and |
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| | | subsoil of those waters.’. |
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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 61, line 36 [Clause 90], at end insert— |
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| | | (a) | “marine plan” has the same meaning as in section 51 of the Marine and |
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| | | (b) | “marine plan authority” has the same meaning as in section 50 of the |
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| | | Marine and Coastal Access Act 2009; |
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| | | (c) | “sea” has the same meaning as in section 42 of the Marine and Coastal |
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| | | |
| | | (8) | The fulfilment of the duty in subsection (1) shall be regarded as a material |
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| | | consideration by an independent examiner carrying out functions under section |
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| | | 20(7) of the Planning and Compulsory Purchase Act 2004.’. |
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| | Page 62, line 29 [Clause 92], after ‘conclude’, insert ‘— |
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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 66, line 33 [Clause 95], leave out to end of line 38 and insert ‘in subsection |
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| | (2), after second ‘ensure’, leave out to the end of the subsection and insert ‘that owners |
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| | and developers of land make a financial contribution to support communities in the area |
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| | in which their development is situated, including the provision of infrastructure and the |
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| | building, improvement and renovation of housing.’. |
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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 23 [Schedule 9], after ‘live’, insert ‘, or businesses registered,’. |
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| | Page 289, line 26 [Schedule 9], after ‘live’, insert ‘, or businesses registered,’. |
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| | Page 289, line 27 [Schedule 9], at end insert— |
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| | | ‘(ba) | the organisation or body is competent to undertake the task of |
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| | | preparing a neighbourhood plan with appropriate professional |
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| | Page 289, line 27 [Schedule 9], at end insert— |
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| | | ‘(ba) | the organisation or body is representative of different sections of the |
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| | Page 289, line 28 [Schedule 9], leave out ‘3’ and insert ‘12’. |
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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, |
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| | | (c) | requiring local planning authorities to exercise, or not to |
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| | | 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 292, line 25 [Schedule 9], at end insert ‘except for the winning and working of |
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| | minerals in, on or under land by surface working and any associated activity.’. |
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| | |
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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 6 [Schedule 9], at end insert— |
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| | | ‘(1A) | A neighbourhood development plan must include policies to— |
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| | | (a) | achieve reductions of greenhouse gas emissions in line with the carbon |
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| | | budgets set under the Climate Change Act 2008; |
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| | | (b) | meet current national policy objectives on assessing the risk of and |
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| | | adapting to climate change, in relation to that area.’. |
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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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| | |
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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 |
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| | | (ab) and (2A) to (2C) were omitted.’. |
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| | |
| | | |
| | Page 300, line 38 [Schedule 10], |
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| | | ‘(h) | imposing a duty to conduct an equalities impact assessment in line |
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| | | with the Equality Act 2010.’. |
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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 |
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| | | into arrangements with the authority for the provision of the |
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| | | services of any of their employees as examiners. |
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| | | (8) | Those arrangements may include— |
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| | | (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 |
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| | | listed building or its setting or any features of special |
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