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Housing and Regeneration Bill


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 30th April 2008, as follows—

Clauses 2 to 9
Schedule 2
Clauses 10 and 11
Schedule 3
Clause 12
Schedule 4
Clauses 13 to 52
Schedule 5
Clause 53
Schedules 6 and 7
Clauses 54 to 58
Schedule 8
Clauses 59 to 284
Schedule 9
Clauses 285 to 298
Schedule 10
Clauses 299 to 302
Schedule 11
Clauses 303 and 304
Schedule 12
Clauses 305 to 310
Schedule 13
Clauses 311 to 319
Schedule 14
Clauses 320 to 324

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 2

 

LORD DIXON-SMITH

 

EARL CATHCART

27Page 2, line 3, at end insert—
"(   )  In assessing the needs of people living in England in accordance with subsection (1), the HCA shall take particular account of the viability of rural communities."
 

LORD GREAVES

 

BARONESS HAMWEE

28Page 2, line 3, at end insert—
"(1A)  In seeking to achieve the objectives in subsection (1), the HCA shall—
(a)  primarily support and facilitate the work of local authorites and other agencies, and only carry out work itself in exceptional circumstances, and
(b)  only carry out work in exceptional circumstances with an order from the Secretary of State."
 

LORD HOWARTH OF NEWPORT

 

LORD BEST

 

LORD TYLER

 

BARONESS WHITAKER

29Page 2, line 5, leave out "and"
 

LORD GREAVES

 

BARONESS HAMWEE

30Page 2, line 6, leave out "improving" and insert "increasing"
31Page 2, line 7, leave out "improving" and insert "increasing"
 

LORD HOWARTH OF NEWPORT

 

LORD BEST

 

LORD TYLER

 

BARONESS WHITAKER

32Page 2, line 7, at end insert ", and
  the reference to improving the quality of housing includes a reference to improving the design quality of housing."
 

BARONESS HAMWEE

 

LORD GREAVES

33[Withdrawn]
34[Withdrawn]
35Page 2, line 17, leave out "or" and insert "and"
 

LORD GREAVES

 

BARONESS HAMWEE

36Page 2, line 19, leave out "roads or other"
 

BARONESS HAMWEE

 

LORD GREAVES

37Page 2, line 19, leave out "or" and insert "and"
38Page 2, line 20, leave out "or" and insert "and"
39Page 2, line 21, leave out "or" and insert "and"
40Page 2, line 22, leave out "or" and insert "and"
41Page 2, line 22, after "facilities," insert "including open space,"
42Page 2, line 23, leave out "or" and insert "and"
 

Clause 3

 

LORD GREAVES

 

BARONESS HAMWEE

43Page 2, line 33, leave out "do anything it considers appropriate" and insert "take any reasonable actions"
 

Clause 4

 

LORD GREAVES

44Page 2, line 43, leave out subsection (5)
 

LORD GREAVES

 

BARONESS HAMWEE

45Page 3, line 1, leave out subsection (6)
 

Clause 5

 

LORD GREAVES

46Page 3, line 11, at beginning insert "Subject to section 2(1A),"
 

LORD HOWARTH OF NEWPORT

 

BARONESS WHITAKER

 

LORD BEST

47Page 3, line 15, at end insert—
"(4)  In exercising its powers under this section, the HCA must do so with the objective of contributing to high quality design in the built environment."
 

Clause 6

 

LORD GREAVES

48Page 3, line 17, at beginning insert "Subject to section 2(1A),"
49Page 3, line 18, at beginning insert "Subject to section 2(1A),"
 

BARONESS HAMWEE

 

LORD GREAVES

49APage 3, line 18, at end insert "by the use of the powers specifically set out in this Chapter"
 

Clause 7

 

LORD GREAVES

50Page 3, line 23, at beginning insert "Subject to section 2(1A),"
 

After Clause 7

 

LORD DIXON-SMITH

 

EARL CATHCART

51Insert the following new Clause—
  "Obligations of the HCA
(1)  Before exercising any of its powers the HCA shall have the following obligations—
5(a)  to consult with, and have regard to the views of, the local authorities in whose area they propose exercising their powers;
7(b)  to have special regard to the desirability of preserving gardens and urban green spaces;
(c)  to undertake site-specific flood risk assessments before acquiring or disposing of housing or other land and ensuring any new development undertaken or procured by it is appropriately flood resilient and resistant provided that there will be a presumption against inappropriate development on flood zones adjacent to rivers, the sea and tidal sources.
(2)  In this section, "green space" means—
(a)  land laid out as a public garden;
(b)  land used for the purpose of public recreation; or
(c)  an area of open space which benefits wildlife or biodiversity."
 

LORD GREAVES

 

[Amendments 51A and 51B are amendments to amendment 51]

51ALine 5, after second "the" insert "principal"
51BLine 7, leave out paragraph (b) and insert—
"(b)  to ensure that any development proposals that it makes are in conformity with the local development framework for that area;"
 

Clause 8

 

LORD GREAVES

52Page 3, line 30, at beginning insert "Subject to section 2(1A),"
 

After Clause 8

 

LORD DIXON-SMITH

 

EARL CATHCART

53Insert the following new Clause—
  "Flood assessment
  Before exercising its powers under sections 5 to 8, the HCA shall—
6(a)  assess fully the risk of flooding to any new development, subject to a presumption against development on flood plains and areas of high flood risk;
(b)  assess fully the impact of any new development on the flood risk to existing buildings;
(c)  ensure that any new development is flood resilient and resistant."
 

LORD GREAVES

 

[As an amendment to amendment 53]

53ALine 6, at end insert "unless the high risk of flooding can be mitigated by the design of the development"
 

Clause 9

 

BARONESS HAMWEE

 

LORD GREAVES

53BPage 4, line 6, at end insert "in a specific case"
 

LORD GREAVES

54Page 4, line 16, at end insert—
"(   )  In the case of acquisition of a common, the provisions of the Commons Act 2006 (c. 26) shall apply to the land before, during and following the process of acquisition."
 

Schedule 2

 

BARONESS HAMWEE

 

LORD GREAVES

54APage 154, line 45, leave out "seriously"
 

Clause 10

 

LORD DIXON-SMITH

 

EARL CATHCART

55Page 4, line 31, at end insert ", provided that in exercising the power to give consent, the Secretary of State shall take into account the benefit to the community where such disposal takes place"
 

BARONESS HAMWEE

55APage 4, line 31, at end insert—
"(   )  For the purposes of this section "best consideration" shall be assessed having equal regard to social, economic and enviromental benefits."
 

LORD GREAVES

56Page 4, line 38, at end insert—
"(   )  Subsections (1) and (3) do not apply if the disposal is to a local authority for purposes which are within the objects of the HCA as defined in section 2."
57Page 4, line 38, at end insert—
"(   )  In subsection (1) "the best consideration that can reasonably be obtained" may be construed as being based on the existing planning status of the land and higher speculative bids may be rejected where this is considered desirable in the public interest."
 

After Clause 10

 

BARONESS MILLER OF CHILTHORNE DOMER

58Insert the following new Clause—
  "Duty of the Homes and Communities Agency to provide allotments
(1)  If a need is demonstrated to the HCA that there is a demand for allotments in a borough, urban district, or parish in which it is exercising its powers under sections 5 to 7, the HCA shall provide a sufficient number of allotments, and shall let such allotments to persons resident in the borough, district or parish and desiring to take the same.
(2)  For the purposes of subsection (1), the HCA shall consult with the council of the relevant borough, urban district or parish in order to determine whether there is a demand for allotments.
(3)  On a representation in writing to the HCA or the council of the relevant borough, urban district, or parish by any six registered parliamentary electors or persons who are liable to pay an amount in respect of council tax resident in the borough, urban district or parish that the circumstances of the borough, urban district or parish are such that there is demand for allotments, the council and HCA shall take such representation into consideration.
1820(4)  Where the HCA provides such allotments, it shall maintain a waiting list and manage the allotments under the same provisions as if it were a local authority."
 

LORD GREAVES

 

[As an amendment to amendment 58]

59Line 18, leave out from "shall" to end of line 20 and insert "make arrangements with the local authority that manages allotments in that area to maintain a waiting list and manage the allotments on its behalf under the provisions that would apply if the allotments were provided by that authority"
 

Schedule 3

 

BARONESS MILLER OF CHILTHORNE DOMER

60Page 157, line 19, at end insert—
"(   )      In carying out its functions, the HCA shall have regard to the desirability of conserving designated landscape (including Areas of Outstanding Natural Beauty ("AONB") and National Parks), open spaces, village greens, common land and allotments, and shall ensure that its plans and activities fully respect the purposes and objectives of AONB and National Park designations."
 

LORD GREAVES

61Page 157, line 19, at end insert—
"(   )      The HCA shall ensure that its plans and activities fully respect the purposes and objectives of Green Belt designation."
 

BARONESS MILLER OF CHILTHORNE DOMER

62Page 158, line 22, leave out paragraphs 3 to 18
 

LORD GREAVES

63Page 158, line 30, leave out from beginning to end of line 43 on page 161 and insert—
"(2)      The procedure shall be in accordance with Schedule 14 to the Town and Country Planning Act 1990 (c. 8) as if the order were to be submitted to the Secretary of State under section 258 of that Act."
64Page 160, leave out lines 11 to 16
64APage 162, line 3, leave out paragraphs 19 to 26
 

BARONESS MILLER OF CHILTHORNE DOMER

65Page 164, line 32, leave out "despite" and insert "and with"
 

LORD GREAVES

66Page 164, line 38, at end insert—
"(4)  Sub-paragraph (5) applies where the land is or may be acquired by the HCA by agreement without the use of compulsory powers.
(5)  The land shall not be used in accordance with sub-paragraph (2) unless the consent of the Secretary of State is obtained.
(6)  Section 19 of the Acquisition of Land Act 1981 (c. 67) (special provision with respect to compulsory purchase orders under that Act relating to part of a common, open space or fuel or field garden allotment) shall apply to a consent under sub-paragraph (5) as it applies to a compulsory purchase order under that Act."

 
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©Parliamentary copyright 2008
2 June 2008