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| | | (2) | The retail diversity scheme must form part of the Local Development |
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| | | Scheme within two years of the Local Development Scheme being |
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| | | published or within two years of this Act being passed, whichever is |
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| | | |
| | | |
| | | (a) | define a network and hierarchy of retail centres in the local |
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| | | |
| | | (b) | assess the need for development in retail centres, |
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| | | (c) | identify sites for development based on the sequential |
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| | | |
| | | (d) | promote retail diversity. |
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| | | |
| | | (a) | ‘retail diversity’ means a mix of retail provision that meets the |
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| | | requirements of the local catchment area in terms of range and |
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| | | quality of comparison and convenience retail businesses; |
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| | | (b) | ‘sequential approach’ means that local planning authorities |
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| | | must identify sites that are suitable, available and viable for |
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| | | development in the following order— |
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| | | (i) | locations in appropriate existing centres; |
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| | | (ii) | edge of centre locations, with preference given to |
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| | | sites that are or will be well connected to existing |
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| | | |
| | | (iii) | out of centre sites with preference given to sites well |
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| | | served by a choice of transport and are closest to an |
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| | | |
| | | (5) | The Secretary of State may direct the local planning authority to make |
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| | | such amendments to the scheme as he thinks appropriate. |
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| | | (6) | Such a direction must contain the Secretary of State’s reasons for |
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| | | |
| | | (7) | The local planning authority must consult with the local community in |
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| | | |
| | | (8) | The local community as defined under subsection (7) must include— |
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| | | (a) | a parish council or parish councils authorised to act in relation |
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| | | to the neighbourhood area or areas to which the retail diversity |
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| | | scheme relates subject to section 61F of the Town and |
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| | | Country Planning Act 1990, |
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| | | (b) | a ‘qualifying body’ authorised to act in relation to the |
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| | | neighbourhood area or areas to which the retail diversity |
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| | | scheme relates subject to section 61F of the Town and |
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| | | Country Planning Act 1990, and |
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| | | (c) | any other local person at the discretion of the local planning |
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| | | |
| | | (9) | Where a retail planning application is submitted and there is no retail |
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| | | diversity scheme in place the applicant must provide a statement to the |
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| | | local planning authority that sets out how the development impacts on |
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| | | the criteria identified in subsection (3); and the local planning |
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| | |
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| | | authority must consult the local community as defined in subsection |
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| | | (8) before coming to a decision on the application.”’. |
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| | |
| | | Planning consent for betting offices |
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| | | |
| | To move the following Clause:— |
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| | | ‘(1) | That, notwithstanding any existing statutory provision, a local authority may |
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| | | require planning consent to be applied for pursuant to section 62 of the Town and |
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| | | Country Planning Act 1990 and granted prior to the establishment of, or change |
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| | | of use of premises or land to establish, a betting office in that local authority’s |
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| | | |
| | | (2) | “Betting office” means premises, other than a track within the meaning of the |
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| | | Gambling Act 2005, in respect of which a betting premises licence under Part 8 |
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| | | of that Act has effect.’. |
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| | |
| | | Change of use class for betting offices |
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| | |
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| | |
| | | Negatived on division NC31 |
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| | To move the following Clause:— |
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| | | ‘The Town and Country Planning (Use Classes) Order 1987 is amended as |
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| | | |
| | | (1) | In article 3(6) (exclusion from use classes), at end add— |
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| | | “(n) | as a betting office”. |
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| | | (2) | In Part A (Use Classes) of the Schedule to the principal Order, in Class A2(c) omit |
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| | | “(including use as a betting office)”. |
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| | | (3) | “Betting office” means premises, other than a track within the meaning of the |
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| | | Gambling Act 2005, in respect of which a betting premises licence under Part 8 |
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| | | of that Act has effect.’. |
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| | | Amendment of the Planning and Compulsory Purchase Act 2004 |
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| | To move the following Clause:— |
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| | | ‘In section 19(1A) of the Planning and Compulsory Purchase Act 2004 |
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| | | (preparation of local development documents)— |
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| | | (a) | leave out “(taken as a whole)”, |
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| | | (b) | leave out from “contribute” to “change” and insert— |
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| | | (i) | achieve reductions of greenhouse gas emissions in line with the |
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| | | carbon budgets set under the Climate Change Act 2008; |
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| | | (ii) | meet current national policy objectives on assessing the risk of |
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| | | and adapting to climate change, in relation to that area.’. |
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| | |
| | | Guidance on opencast mining: separation zones etc. |
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| | |
| | | |
| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State must issue guidance on the national planning policy for |
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| | | opencast mining in England within six months of this Act being passed. |
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| | | (2) | The guidance must require a minimum separation zone of 500 metres between the |
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| | | site of an opencast mine and the nearest residential property, unless there are |
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| | | exceptional circumstances. |
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| | | (3) | Mineral planning authorities in England must have regard to any guidance issued |
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| | | under this section when fulfilling their functions. |
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| | | (4) | In this section “opencast mining” means the working of minerals by opencast |
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| | | operations and the carrying out of operations incidental to such working.’. |
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| | |
| | | Scope of the Town and Country Planning (General Permitted Development) Order (No.2) |
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| | |
| | |
| | |
| | |
| | | |
| | To move the following Clause:— |
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| | | ‘The Secretary of State must within 12 months of this Act being passed, by |
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| | | regulations made by statutory instrument, amend the Town and Country Planning |
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| | | (General Permitted Development) Order 1995 (S.I. 1995/418) (the “GPDO”) |
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| | |
| | |
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| | | removing permitted development rights specified in neighbourhood development |
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| | | orders from the scope of the GPDO.’. |
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| | |
| | | Scope of the Town and Country Planning (General Permitted Development) Order (No.1) |
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| | |
| | |
| | |
| | |
| | | |
| | To move the following Clause:— |
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| | | ‘The Secretary of State must within 12 months of this Act being passed, by |
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| | | regulations made by statutory instrument, amend the Town and Country Planning |
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| | | (General Permitted Development) Order 1995 (S.I. 1995/418) (the “GPDO”) |
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| | | removing land or premises used or formerly used as a public house from the scope |
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| | | |
| | |
| | |
| | | |
| | Page 61, line 4 [Clause 90], after ‘authority,’, insert— |
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| | | ‘(aa) | a county council in England that is not a local planning authority,’. |
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| | |
| | |
| | |
| | | |
| | Page 61, line 6 [Clause 90], at end insert ‘including a County Council, an |
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| | Integrated Transport Authority for the area or a Marine Plan Authority.’. |
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| | |
| | | |
| | Page 61, line 7 [Clause 90], after ‘(a)’, insert ‘, (aa)’. |
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| | |
| | | |
| | Page 61, line 8 [Clause 90], after ‘(b)’, insert ‘or subsection (7)’. |
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| | |
| | | |
| | Page 61, line 11 [Clause 90], after ‘person’, insert ‘— |
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| | | |
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| | |
| | |
| |
| | |
| | |
| | |
| | | |
| | Page 61, line 13 [Clause 90], after ‘undertaken’, insert ‘where issues or impacts |
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| | cross administrative boundaries and with the objective of achieving sustainable |
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| | |
| | |
| | | |
| | Page 61, line 13 [Clause 90], at end insert ‘, and |
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| | | (b) | to have regard to activities of a person within subsection (7) so far as they |
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| | | are relevant to activities within subsection (3).’. |
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| | |
| | |
| | |
| | | |
| | Page 61, line 15 [Clause 90], at end insert— |
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| | | ‘(ab) | the preparation of Joint Infrastructure Planning Guidance.’. |
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| | |
| | | |
| | Page 61, line 16 [Clause 90], leave out from ‘documents,’ to end of line 17 and |
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| | |
| | | ‘(c) | the preparation of marine plans under the Marine and Coastal Access Act |
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| | | 2009 for the English inshore region, the English offshore region or any |
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| | | part of either of those regions, |
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| | | (d) | activities that can reasonably be considered to prepare the way for |
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| | | activities within any of paragraphs (a) to (c) that are, or could be, |
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| | | |
| | | (e) | activities that support activities within any of paragraphs (a) to (c),’. |
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| | |
| | |
| | |
| | | |
| | Page 61, line 17 [Clause 90], at end insert— |
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| | | ‘(d) | the preparation of the Local Transport Plan; |
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| | | (e) | the preparation of marine plans; and |
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| | | (f) | other activities that support the planning of development, so far as |
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| | | relating to the development and use of land or sea.’. |
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| | |
| | | |
| | Page 61, line 18 [Clause 90], leave out from ‘to’ to end of line 20 and insert ‘a |
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| | |
| | | (3A) | For the purposes of subsection (3), each of the following is a “strategic matter”— |
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| | | (a) | sustainable development or use of land that has or would have a |
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| | | significant impact on at least two planning areas, including (in particular) |
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| | | sustainable development or use of land for or in connection with |
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| | | infrastructure that is strategic and has or would have a significant impact |
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| | | on at least two planning areas, and |
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| |
| | |
| | |
| |
| | | (b) | sustainable development or use of land in a two-tier area if the |
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| | | |
| | | (i) | is a county matter, or |
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| | | (ii) | has or would have a significant impact on a county matter. |
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| | | |
| | | “county matter” has the meaning given by paragraph 1 of Schedule 1 to the |
|
| | | principal Act (ignoring sub-paragraph 1(1)(i)), |
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| | | |
| | | |
| | | (i) | a district council (including a metropolitan district |
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| | | |
| | | (ii) | a London borough council, or |
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| | | (iii) | a county council in England for an area for which there |
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| | | |
| | | | but only so far as that area is neither in a National Park nor in the |
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| | | |
| | | |
| | | |
| | | (d) | the English inshore region, or |
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| | | (e) | the English offshore region, and |
|
| | | “two-tier area” means an area— |
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| | | (f) | for which there is a county council and a district council, but |
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| | | (g) | which is not in a National Park.’. |
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| | |
| | |
| | |
| | | |
| | Page 61, line 18 [Clause 90], leave out from ‘land’ to end of line 20 and insert ‘and |
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| | strategic infrastructure and in particular the preparation of Joint Infrastructure Planning |
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| | |
| | |
| | |
| | |
| | | Negatived on division 298 |
|
| | Page 61, line 20 [Clause 90], at end insert— |
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| | | ‘(3A) | The preparation of Joint Infrastructure Planning Guidance within subsection (3) |
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| | | |
| | | (a) | a local planning authority who is also a member of a Local Enterprise |
|
| | | Partnership as approved by the Secretary of State; and |
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| | | (b) | every other person within subsection (1). |
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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 |
|
| | | 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— |
|
| | | ‘(a) | considering whether to consult on and prepare, and enter into and |
|
| | | publish, agreements on joint approaches to the undertaking of activities |
|
| | | within subsection (3), and |
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| | | (b) | if the person is a local planning authority, considering whether to agree |
|
| | | 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, |
|
| | | that is prescribed or of a prescribed description.’. |
|
| | |
| | | |
| | Page 61, line 36 [Clause 90], at end insert— |
|
| | | |
| | | “the English inshore region” and “the English offshore region” |
|
| | | have the same meaning as in the Marine and Coastal Access Act |
|
| | | |
| | | “land” includes the waters within those regions and the bed and |
|
| | | subsoil of those waters.’. |
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| | |
| | | |
| | Page 61, line 36 [Clause 90], at end insert— |
|
| | | ‘(2) | In section 16 of the Planning and Compulsory Purchase Act 2004 (applying Part |
|
| | | 2 for purposes of a county council’s minerals and waste development scheme) |
|
| | | after subsection (4) insert— |
|
| | | “(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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|
