Session 2015-16
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Notices of Amendments: 8 December 2015                  

8

 

Housing and Planning Bill, continued

 
 

(a)    

in subsection (6), after “1977” insert “or the amount that would have to

 

be paid to secure the redemption of that rentcharge in accordance with

 

regulations made under section 7A of that Act”;

 

(b)    

in subsection (7)(a), after “specified” insert “or required”;

 

(c)    

in subsection (8), for “8” substitute “7A”.”

 

Member’s explanatory statement

 

This amendment will permit the Secretary of State to make regulations allowing the owner of land

 

in England that is affected by a rentcharge to redeem that rentcharge without making an

 

application to the Secretary of State as the procedure in section 8 of the Rentcharges Act 1977

 

would involve.

 


 

Brandon Lewis

 

NC32

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Secure tenancies etc: phasing out of tenancies for life

 

Schedule (Secure tenancies etc: phasing out of tenancies for life) changes the law

 

about secure tenancies, introductory tenancies and demoted tenancies to phase

 

out tenancies for life.”

 

Member’s explanatory statement

 

A secure tenant can currently live in a property for life. This amendment and NS4 phase out

 

lifetime tenancies. In future secure tenancies will generally have to be for a fixed term of 2 to 5

 

years and will not automatically be renewed. Towards the end of the term, the landlord will have

 

to do a review to decide whether to grant a new tenancy or recover possession.

 


 

Brandon Lewis

 

NC33

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Succession to secure tenancies and related tenancies

 

Schedule (Succession to secure tenancies and related tenancies) changes the law

 

about succession to secure tenancies, introductory tenancies and demoted

 

tenancies.”

 

Member’s explanatory statement

 

Certain people have the right to inherit a secure tenancy when the tenant dies. At the moment the

 

successor could live in the property for life. This amendment and NS5 change the succession rules.

 

Where a person other than a spouse or partner inherits a periodic tenancy, it will be converted into

 

a 5 year fixed term. Where a person other than a spouse or partner inherits a fixed term tenancy,

 

it will not automatically be renewed when it comes to an end.

 



 
 

Notices of Amendments: 8 December 2015                  

9

 

Housing and Planning Bill, continued

 
 

Zac Goldsmith

 

Boris Johnson

 

Mr Nick Hurd

 

Stephen Hammond

 

Mr David Burrowes

 

Dr Tania Mathias

 

James Berry

 

Bob Stewart

 

Paul Scully

 

Mark Field

 

Andrew Rosindell

 

Victoria Borwick

 

Robert Neill

 

Dame Angela Watkinson

 

Bob Blackman

 

Mark Prisk

 

NC1

 

To move the following Clause—

 

         

“Target for new affordable housing provision in Greater London

 

The Secretary of State, the Mayor of London and local housing authorities in

 

Greater London as defined by section 2 of the London Government Act 1963

 

shall jointly have a duty to achieve the provision of at least two new units of

 

affordable housing to be provided within Greater London in return for the

 

disposal of each unit of high value housing in Greater London as defined under

 

section 62.”

 

Member’s explanatory statement

 

This New Clause would impose a duty on the Secretary of State, the Mayor of London and London

 

housing authorities to achieve the provision of at least two new units of affordable housing for the

 

disposal of each unit of high value housing within the Greater London area.

 


 

Gareth Thomas

 

NC9

 

To move the following Clause—

 

         

“Duty to promote lending to small and medium sized house builders

 

(1)    

The Secretary of State shall have a duty to promote lending by banks to small and

 

medium sized house builders.

 

(2)    

A small or medium sized builder in subsection (1) is a builder that has fewer than

 

250 employees.”

 


 

Gareth Thomas

 

NC10

 

To move the following Clause—

 

         

“Planning obligations in respect of apprenticeships

 

In section 106 of the Town and Country Planning Act 1990 (planning

 

obligations), after subsection (12) insert—


 
 

Notices of Amendments: 8 December 2015                  

10

 

Housing and Planning Bill, continued

 
 

“(12A)    

The Secretary of State may by regulations require planning obligations to include

 

a requirement to offer apprenticeships to local people on sites where 50 or more

 

dwellings are to be constructed.””

 


 

Gareth Thomas

 

NC11

 

To move the following Clause—

 

         

“Tenant Management Organisations

 

All industrial and provident societies and housing associations registered with the

 

Homes and Communities Agency as tenant management organisations shall—

 

(a)    

be exempt from implementing, or facilitating the implementation of, the

 

right to buy; and

 

(b)    

not accept grants made by the Secretary of State in respect of right to buy

 

discounts.”

 


 

Jim Fitzpatrick

 

Dr Roberta Blackman-Woods

 

NC12

 

To move the following Clause—

 

         

“Tenants’ rights to new management in property sold under LSVT

 

(1)    

This section applies to housing which—

 

(a)    

was previously owned by a local authority;

 

(b)    

was part of a large scale voluntary transfer falling within the definition of

 

section 32(4AB) of the Housing Act 1985; and

 

(c)    

the disposal of which was subject to the consent of the Secretary of State

 

under section 32 of the 1985 Act.

 

(2)    

Where the transfer took place more than five years before this section comes into

 

operation the current owner of the transferred housing shall consult the current

 

tenants on their satisfaction with the management of that property.

 

(3)    

Where the transfer took place less than five years after this section comes into

 

operation the current owner of the transferred housing shall not more than every

 

five years consult the current tenants on their satisfaction with the management

 

of that property.

 

(4)    

If more than 50% of tenants responding to the consultation under subsections (2)

 

or (3) are dissatisfied with the management of the property, the owner of the

 

housing must carry out a competitive tender for the management of the property

 

and report the outcome to the tenants.”

 



 
 

Notices of Amendments: 8 December 2015                  

11

 

Housing and Planning Bill, continued

 
 

Jim Fitzpatrick

 

Dr Roberta Blackman-Woods

 

NC13

 

To move the following Clause—

 

         

“Conversion of leasehold to commonhold for interdependent properties

 

(1)    

On 1 January 2020 long leases of residential property in interdependent properties

 

shall cease to be land tenure capable of conveyance.

 

(2)    

On 1 January 2020 long leases as set out in subsection (1) shall become

 

commonholds to which Part 1 of the Commonhold and Leasehold Reform Act

 

2002 (“the 2002 Act”) shall apply, subject to the modifications set out in this

 

section.

 

(3)    

Leaseholders, freeholders and those with an interest in an interdependent property

 

are required to facilitate the transfer to commonhold, in particular they shall:

 

(a)    

by 1 January 2018 draw-up an agreed plan for the transfer;

 

(b)    

by 1 October 2018 value any interests to be extinguished by the transfer

 

where the interest is held by a person who after transfer will not be a unit-

 

holder; and

 

(c)    

by 1 January 2019 draw up a commonhold community statement for the

 

purposes of—

 

(i)    

defining the extent of each commonhold unit;

 

(ii)    

defining the extent of the common parts and their respective

 

uses;

 

(iii)    

defining the percentage contributions that each unit will

 

contribute to the running costs of the building;

 

(iv)    

defining the voting rights of the members of the commonhold

 

association; and

 

(v)    

specifying the rights and duties of the commonhold association,

 

the unit-holders and their tenants.

 

(4)    

In any case where the parties at subsection (3) cannot or refuse to agree

 

arrangements to facilitate the transfer any of the parties can make an application

 

to the First-tier Tribunal (Property Chamber) for a determination of the matter.

 

(5)    

Section 3 [Consent] of the 2002 Act shall cease to have effect on 1 January 2017.

 

(6)    

In subsection (1) “long lease” means—

 

(a)    

a lease granted for a term certain exceeding 21 years, whether or not it is

 

(or may become) terminable before the end of that term by notice given

 

by the tenant or by re-entry or forfeiture; or

 

(b)    

a lease for a term fixed by law under a grant with a covenant or obligation

 

for perpetual renewal, other than a lease by sub-demise from one which

 

is not a long lease.”

 

Member’s explanatory statement

 

This New Clause would end the tenure of residential leasehold by 1 January 2020 by converting

 

residential leases into commonhold.

 



 
 

Notices of Amendments: 8 December 2015                  

12

 

Housing and Planning Bill, continued

 
 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

Helen Hayes

 

NC14

 

To move the following Clause—

 

         

“Development plan documents: accessible design

 

In section 19 of the Planning and Compulsory Purchase Act 2004 [preparation of

 

local documents] after subsection (1) insert—

 

“(1B)    

Development Plan documents must (taken as a whole) include policies

 

designed to secure inclusive design and accessibility for the maximum

 

number of people including disabled people””

 

Member’s explanatory statement

 

This new Clause would ensure all planning decisions fully consider the need to create places and

 

buildings which meet the needs of all sections of society across their lifetimes. It would provide

 

support for plans and planning decisions which seek to meet locally assessed needs for accessible

 

homes.

 


 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

Helen Hayes

 

NC15

 

To move the following Clause—

 

         

“Strengthening the Plan Led system

 

(1)    

In section 38 [Development plan] of the Planning and Compulsory Act 2004

 

subsection (6) after “considerations” insert “of exceptional importance””

 

Member’s explanatory statement

 

This new Clause would give more certainty to all parts of the community that the content of

 

neighbourhood and local plans will be the prime factor in all decision making.

 



 
 

Notices of Amendments: 8 December 2015                  

13

 

Housing and Planning Bill, continued

 
 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

Helen Hayes

 

NC16

 

To move the following Clause—

 

         

“The Purpose of Planning

 

(1)    

In Part 2 (Local development) of the Planning and Compulsory Act 2004 insert—

 

“12A  

The Purpose of Planning

 

(1)    

The Purpose of Planning is the achievement of long-term sustainable

 

development and place making.

 

(2)    

Under this Act sustainable development and place making means

 

managing the use, development and protection of land and natural

 

resources in a way which enables people and communities to provide for

 

their legitimate social, economic and cultural wellbeing while sustaining

 

the potential of future generations to meet their own needs and in

 

achieving sustainable development, development the local planning

 

authority should—

 

(a)    

positively identify suitable land for development in line with the

 

economic, social and environmental objectives so as to improve

 

the quality of life, wellbeing and health of people and the

 

community;

 

(b)    

contribute to the sustainable economic development of the

 

community;

 

(c)    

contribute to the vibrant cultural and artistic development of the

 

community;

 

(d)    

protect and enhance the natural and historic environment;

 

(e)    

contribute to mitigation and adaptation to climate change in line

 

with the objectives of the Climate Change Act 2008;

 

(f)    

positively promote high quality and inclusive design;

 

(g)    

ensure that decision-making is open, transparent, participative

 

and accountable; and

 

(h)    

ensure that assets are managed for long-term interest of the

 

community.

 

Member’s explanatory statement

 

This new Clause would make clear in statute that the planning system should be focused above all

 

on the public interest and in achieving quality outcomes including place-making.

 



 
 

Notices of Amendments: 8 December 2015                  

14

 

Housing and Planning Bill, continued

 
 

Dr Roberta Blackman-Woods

 

Michael Dugher

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

Helen Hayes

 

Greg Mulholland

 

NC19

 

To move the following Clause—

 

         

“Granting of planning permission: change of use to residential use

 

After section 58 of the Town and Country Planning Act 1990, insert—

 

“58A  

Granting of planning permission: change of use to residential use

 

(1)    

Before planning permission is granted under section 58(1) for change of

 

use of a building to residential use as dwellinghouses, the body

 

considering granting planning permission must consider the impact of

 

noise and other factors from buildings which have been in continuous and

 

unchanged use for at least a year in the vicinity which would affect the

 

amenity and enjoyment of the residents of the dwellinghouses.

 

(2)    

Where planning permission is granted under section 58(1) for change of

 

use of a building to residential use as dwellinghouses, the permission

 

must include conditions imposed on the persons granted planning

 

permission in respect of the building changing use to—

 

(a)    

eliminate noise between the hours of 10pm and 6am from

 

neighbouring buildings which have been in continuous and

 

unchanged use for at least a year before the permission is given;

 

and

 

(b)    

counteract any other impact seriously impairing the amenity and

 

enjoyment of the residents and prospective residents of the

 

dwellinghouses arising from neighbouring buildings which have

 

been in continuous and unchanged use for at least a year before

 

the permission is given.””

 

Member’s explanatory statement

 

This new Clause would ensure that residents of buildings converted to residential use are protected

 

from factors, particularly noise, affecting their amenity and enjoyment. Such measures shall be the

 

responsibility of the agent of the change of the permission.

 



 
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Revised 08 December 2015