Session 2010 - 12
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Other Bills before Parliament


 
 

Consideration of Bill: 17 May 2011                     

2144

 

Localism Bill, continued

 
 

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.’.

 

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:—


 
 

Consideration of Bill: 17 May 2011                     

2145

 

Localism Bill, continued

 
 

‘(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,

 

(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:—


 
 

Consideration of Bill: 17 May 2011                     

2146

 

Localism Bill, continued

 
 

‘(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.’.

 


 

Community Right of Appeal

 

Stephen Gilbert

 

Mr David Ward

 

Annette Brooke

 

Greg Mulholland

 

Caroline Lucas

 

Mr Adrian Sanders

 

Total signatories: 18

 

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


 
 

Consideration of Bill: 17 May 2011                     

2147

 

Localism Bill, continued

 
 

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, 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.


 
 

Consideration of Bill: 17 May 2011                     

2148

 

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

 

Zac Goldsmith

 

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.”’.

 



 
 

Consideration of Bill: 17 May 2011                     

2149

 

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;


 
 

Consideration of Bill: 17 May 2011                     

2150

 

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:—

 

‘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

 

Caroline Lucas

 

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.


 
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Revised 17 May 2011