House of Commons Public Bill Committee Proceedings

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 17 May 2011
564

Localism Bill, continued

Secretary Eric Pickles

Agreed to  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

Not called  357

Page  24,  line  38,  leave out Clause 34.

Secretary Eric Pickles

Agreed to  141

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

sanction notices]’.

Secretary Eric Pickles

Agreed to  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

Agreed to  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

Read a second time on division and added  nc15

To move the following Clause:—

Report Stage Proceedings: 17 May 2011
565

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

Not called  NC2

To move the following Clause:—

Report Stage Proceedings: 17 May 2011
566

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

Not called  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;

Report Stage Proceedings: 17 May 2011
567

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

Not called  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.

Report Stage Proceedings: 17 May 2011
568

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

Not called  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.”’.

Report Stage Proceedings: 17 May 2011
569

Localism Bill, continued

Removal of permitted area restrictions

Philip Davies

Not called  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;

Report Stage Proceedings: 17 May 2011
570

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

Not selected  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

Not called  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

Negatived on division  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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