Session 2015-16
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Other Bills before Parliament


 
 

Notices of Amendments: 17 December 2015                  

49

 

Housing and Planning Bill, continued

 
 

         

“Planning applications etc: setting of fees

 

In section 303 of the Town and Country Planning Act 1990 (fees for planning

 

applications etc), after subsection (8) insert—

 

“(8A)    

If a draft of regulations of the Secretary of State under this section would,

 

apart from this subsection, be treated as a hybrid instrument for the

 

purposes of the standing orders of either House of Parliament, it is to

 

proceed in that House as if it were not a hybrid instrument.””

 

Member’s explanatory statement

 

This new Clause provides that any planning fees regulations in England made under section 303

 

of the Town and Country Planning Act 1990 that would otherwise be subject to the hybrid

 

procedure in Parliament will be subject to the usual affirmative procedure instead.

 


 

Secretary Greg Clark

 

NC30

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Resolution of disputes about planning obligations

 

(1)    

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

 

obligations) insert—  

 

“106ZA 

  Resolution of disputes about planning obligations

 

Schedule 9A (resolution of disputes about planning obligations) has

 

effect.”

 

(2)    

After Schedule 9 to that Act insert, as Schedule 9A, the Schedule set out in

 

Schedule (Resolution of disputes about planning obligations: Schedule to be

 

inserted in the Town and Country Planning Act 1990) to this Act.

 

(3)    

In section 106 of that Act, in subsection (1), for “and sections 106A to 106C”

 

substitute “, sections 106A to 106C and Schedule 9A”.

 

Member’s explanatory statement

 

This new clause inserts a new section 106ZA in the Town and Country Planning Act 1990, which

 

gives effect to new Schedule 9A to that Act. Schedule 9A is set out in new Schedule NS4. The new

 

Clause also makes a consequential amendment.

 


 

Secretary Greg Clark

 

NC31

 

Parliamentary Star - white    

To move the following Clause—


 
 

Notices of Amendments: 17 December 2015                  

50

 

Housing and Planning Bill, continued

 
 

         

“Planning obligations and affordable housing

 

(1)    

After section 106ZA of the Town and Country Planning Act 1990 (inserted by

 

section (Resolution of disputes about planning obligations) above) insert—

 

“106ZB 

   Enforceability of planning obligations regarding affordable

 

housing

 

(1)    

Regulations made by the Secretary of State may impose restrictions or

 

conditions on the enforceability of planning obligations entered into with

 

regard to the provision of—

 

(a)    

affordable housing, or

 

(b)    

prescribed descriptions of affordable housing.

 

(2)    

Regulations under this section—

 

(a)    

may make consequential, supplementary, incidental, transitional

 

or saving provision;

 

(b)    

may impose different restrictions or conditions (or none)

 

depending on the size, scale or nature of the site or the proposed

 

development to which any planning obligations would relate.

 

    

Paragraph (b) is without prejudice to the generality of section 333(2A).

 

(3)    

In this section “affordable housing” means new dwellings in England

 

that—

 

(a)    

are to be made available for people whose needs are not

 

adequately served by the commercial housing market, or

 

(b)    

are starter homes within the meaning of Chapter 1 of Part 1 of the

 

Housing and Planning Act 2016 (see section 2 of that Act).

 

(4)    

“New dwelling” here means a building or part of a building that—

 

(a)    

has been constructed for use as a dwelling and has not previously

 

been occupied, or

 

(b)    

has been adapted for use as a dwelling and has not been occupied

 

since its adaptation.

 

(5)    

The Secretary of State may by regulations amend this section so as to

 

modify the definition of “affordable housing”.”

 

(2)    

In section 333 of that Act (regulations and orders), after subsection (3) insert—

 

“(3ZA)    

No regulations may be made under section 106ZB unless a draft of the

 

instrument containing the regulations has been laid before, and approved

 

by a resolution of, each House of Parliament.””

 

Member’s explanatory statement

 

The section inserted in the Town and Country Planning Act 1990 by this new clause confers power

 

to make affirmative-resolution regulations about obligations entered into under section 106 of that

 

Act with regard to affordable housing, and defines “affordable housing” so as to include starter

 

homes (see Chapter 1 of Part 1 of the Bill).

 


 

Secretary Greg Clark

 

NC43

 

Parliamentary Star    

To move the following Clause—


 
 

Notices of Amendments: 17 December 2015                  

51

 

Housing and Planning Bill, continued

 
 

         

“Processing of planning applications by alternative providers

 

(1)    

The Secretary of State may by regulations make provision for a planning

 

application that falls to be determined by a specified local planning authority in

 

England to be processed, if the applicant so chooses, not by that authority but by

 

a designated person.

 

(2)    

The regulations must provide that the option to have a planning application

 

processed by a designated person—

 

(a)    

does not affect a local planning authority’s responsibility for determining

 

planning applications, and

 

(b)    

applies only until a specified date.

 

(3)    

The regulations may provide that—

 

(a)    

they apply only to planning applications for development of a specified

 

description;

 

(b)    

designations of persons by the Secretary of State (see subsection (7)) may

 

be made so as to apply only in relation to planning applications for

 

development of a specified description.

 

(4)    

The regulations may—

 

(a)    

apply or disapply, in relation to England, any enactment about planning;

 

(b)    

modify the effect of any such enactment in relation to England.

 

(5)    

Sections (Regulations under section (Processing of planning applications by

 

alternative providers): general) to (Regulations under section (Processing of

 

planning applications by alternative providers): information), which set out

 

matters that may be included in regulations under this section, do not limit the

 

power in section 142(5) (to make supplementary provision etc).

 

(6)    

For the purposes of this group of sections (that is, this section and sections

 

(Regulations under section (Processing of planning applications by alternative

 

providers): general) to (Regulations under section (Processing of planning

 

applications by alternative providers): information)), processing a planning

 

application means taking any action in relation to the application (other than

 

determining it) of a kind that—

 

(a)    

might otherwise be taken by or for the responsible planning authority,

 

and

 

(b)    

is specified in the regulations.

 

(7)    

In this group of sections “designated person” means a person—

 

(a)    

who is designated by the Secretary of State in accordance with the

 

regulations, and

 

(b)    

whose designation has not been withdrawn in accordance with the

 

regulations.

 

    

The Secretary of State may designate a local planning authority.

 

(8)    

In this group of sections—

 

“local planning authority” has the same meaning as in the Town and

 

Country Planning Act 1990;

 

“planning application” means an application for planning permission under

 

Part 3 of that Act;

 

“responsible planning authority”, in relation to a planning application,

 

means the local planning authority responsible for determining the

 

application;

 

“specified” means specified in regulations under this section.”

 

Member’s explanatory statement

 

This new clause would give the Secretary of State the power, by regulations, to introduce pilot


 
 

Notices of Amendments: 17 December 2015                  

52

 

Housing and Planning Bill, continued

 
 

schemes for competition in the processing (but not the determining) of applications for planning

 

permission.

 


 

Secretary Greg Clark

 

NC44

 

Parliamentary Star    

To move the following Clause—

 

         

“Regulations under section (Processing of planning applications by alternative

 

providers): general

 

(1)    

Regulations under section (Processing of planning applications by alternative

 

providers) may make provision—

 

(a)    

requiring a designated person to process a planning application, except in

 

specified circumstances, if chosen to do so by an applicant;

 

(b)    

allowing a responsible planning authority to take over the processing of

 

a planning application from a designated person in specified

 

circumstances.

 

(2)    

The regulations may make provision about—

 

(a)    

eligibility to act as a designated person;

 

(b)    

the capacity of a local planning authority to act as a designated person;

 

(c)    

actions to be taken or procedures to be followed—

 

(i)    

by persons making planning applications,

 

(ii)    

by designated persons, or

 

(iii)    

by responsible planning authorities,

 

    

and periods within which the actions or procedures are to be taken or

 

followed;

 

(d)    

matters to be considered by designated persons or responsible planning

 

authorities;

 

(e)    

performance standards for designated persons;

 

(f)    

the investigation of complaints or concerns about designated persons;

 

(g)    

the circumstances in which, and the extent to which, any advice provided

 

by a designated person to a person making a planning application is

 

binding—

 

(i)    

on the responsible planning authority, or

 

(ii)    

on designated persons other than the one providing the advice;

 

(h)    

cases where a person ceases to be a designated person or where a

 

designated person is unable to continue processing a planning

 

application.

 

(3)    

The provision that may be made under subsection (2)(c) includes provision

 

requiring a designated person to provide assistance to the responsible planning

 

authority in connection with—

 

(a)    

any appeal against the authority’s determination of the application;

 

(b)    

any application to the court made in relation to that determination.

 

(4)    

The provision that may be made under subsection (2)(f) includes—

 

(a)    

provision about the payment of compensation;

 

(b)    

provision for a designated person to be required to indemnify the

 

responsible authority for any compensation that the authority is required

 

to pay;


 
 

Notices of Amendments: 17 December 2015                  

53

 

Housing and Planning Bill, continued

 
 

(c)    

provision applying anything in Part 3 of the Local Government Act 1974

 

(local government administration) with or without modifications.

 

(5)    

The regulations may confer powers on the Mayor of London or the Secretary of

 

State in cases where a direction is given under section 2A or 77 of the Town and

 

Country Planning Act 1990 (“call-in” directions).”

 

Member’s explanatory statement

 

This new clause provides that regulations under NC43 may provide for various matters including

 

the actions and procedures to be followed during the pilot schemes, the eligibility of persons to act

 

as designated persons, the setting of performance standards, and how conflicts of interest and the

 

investigation of complaints are dealt with.

 


 

Secretary Greg Clark

 

NC45

 

Parliamentary Star    

To move the following Clause—

 

         

“Regulations under section (Processing of planning applications by alternative

 

providers): fees and payments

 

(1)    

Regulations under section (Processing of planning applications by alternative

 

providers) may make provision about—

 

(a)    

the setting, publication and charging of fees by designated persons or

 

responsible planning authorities;

 

(b)    

the refunding of fees, by designated persons or responsible planning

 

authorities, in specified circumstances.

 

(2)    

The provision that may be made under subsection (1)(a) includes provision giving

 

power to the Secretary of State to prevent the charging of fees that he or she

 

considers excessive.

 

(3)    

The provision that may be made under subsection (1)(b) includes provision

 

requiring a designated person or a responsible planning authority to refund to an

 

applicant some or all of a fee paid by the applicant to a designated person where

 

the person or the authority fails to do a particular thing within a specified period.

 

(4)    

The regulations may authorise the making of payments by the Secretary of State

 

to local planning authorities or designated persons.”

 

Member’s explanatory statement

 

This new clause provides that regulations under NC43 may include provision for the setting,

 

publishing and charging of fees by designated persons and planning authorities in pilot areas, and

 

for the refunding of fees; it also includes power for the Secretary of State to intervene in relation

 

to excessive fees.

 


 

Secretary Greg Clark

 

NC46

 

Parliamentary Star    

To move the following Clause—

 

         

“Regulations under section (Processing of planning applications by alternative

 

providers): information

 

(1)    

Regulations under section (Processing of planning applications by alternative

 

providers) may make provision—


 
 

Notices of Amendments: 17 December 2015                  

54

 

Housing and Planning Bill, continued

 
 

(a)    

requiring responsible planning authorities to disclose information to

 

designated persons;

 

(b)    

requiring designated persons to disclose information to responsible

 

planning authorities or to other designated persons;

 

(c)    

restricting the uses to which information disclosed by virtue of paragraph

 

(a) or (b) may be put;

 

(d)    

restricting further disclosure of such information.

 

(2)    

The regulations may make provision for designated persons or responsible

 

planning authorities to be required to provide information to the Secretary of

 

State.”

 

Member’s explanatory statement

 

This new clause provides that regulations under NC43 may provide for information-sharing

 

(about, for example, the planning history for land to which an application relates), may restrict

 

uses to which shared information may be put, and may require information to be provided to the

 

Secretary of State.

 


 

Martin Vickers

 

John Stevenson

 

Sir Edward Leigh

 

Mims Davies

 

NC40

 

Parliamentary Star    

To move the following Clause—

 

         

“Right of appeal: local interested parties

 

(1)    

Where a local planning authority does not have an up-to-date and approved local

 

development plan meeting the requirements of Part 3 of the Planning and

 

Compulsory Purchase Act 2004 and—

 

(a)    

grant planning permission, whether or not subject to conditions, or

 

(b)    

refuse an application for planning permission,

 

a local interested party may by notice appeal to the Secretary of State as if the

 

interested party was an applicant for the purposes of section 78 of the Town and

 

Country Planning Act 1990 (“the 1990 Act”).

 

(2)    

In determining the appeal the provisions at Part III of the 1990 Act shall apply but

 

with the interested party or parties treated as the appellant and the applicant for

 

planning permission treated as a party to the appeal with the same rights as an

 

applicant appealing under section 78.

 

(3)    

Before determining an appeal under section 78 the Secretary of State shall, if the

 

appellant, the applicant for planning permission or the local planning authority so

 

wish, give each of them an opportunity of appearing before and being heard by a

 

person appointed by the Secretary of State for the purpose.

 

(4)    

For the purposes of this section “local interested party” means any person who is

 

not the applicant for permission in question and whose land, property or other

 

interests in the locality of the development would be directly and significantly

 

affected by the development.”

 

Member’s explanatory statement

 

This new clause would give local interested parties a right of appeal in development control

 

affecting their land, property or interests..

 



 
 

Notices of Amendments: 17 December 2015                  

55

 

Housing and Planning Bill, continued

 
 

Martin Vickers

 

John Stevenson

 

Sir Edward Leigh

 

NC41

 

Parliamentary Star    

To move the following Clause—

 

         

“Right of appeal: local parish councils

 

(1)    

Where a local planning authority—

 

(a)    

do not have an up-to-date and approved local development plan meeting

 

the requirements of Part 3 of the Planning and Compulsory Purchase Act

 

2004, and

 

(b)    

grant permission for the development of more than 100 dwellings,

 

    

a local Parish Council may by notice appeal to the Secretary of State as if the

 

Council were an applicant for the purposes of section 78 of the Town and Country

 

Planning Act 1990 (“the 1990 Act”).

 

(2)    

In determining the appeal the provisions at Part III of the 1990 Act shall apply but

 

with local Parish Council or Councils treated as the appellant and the applicant

 

for planning permission treated as a party to the appeal with the same rights as an

 

applicant appealing under section 78.

 

(3)    

Before determining an appeal under section 78 the Secretary of State shall, if the

 

appellant, the applicant for planning permission or the local planning authority so

 

wish, give each of them an opportunity of appearing before and being heard by a

 

person appointed by the Secretary of State for the purpose.

 

(4)    

For the purposes of this section “local parish council” means a parish council—

 

(a)    

within whose boundaries all or part of the development at subsection (1)

 

would take place,

 

(b)    

whose boundary is adjacent to the development, or

 

(c)    

would otherwise be directly and significantly affected by the

 

development.”

 

Member’s explanatory statement

 

This new clause would give local parish councils a right of appeal in respect of developments

 

consisting of 100 or more dwellings.

 


 

Nick Herbert

 

Sir Nicholas Soames

 

Dr Liam Fox

 

Sir Oliver Heald

 

Dr Julian Lewis

 

Mr Nigel Evans

 

Mr Philip Hollobone

 

Nigel Mills

 

Victoria Prentis

 

Antoinette Sandbach

 

Martin Vickers

 

William Wragg

 

NC48

 

Parliamentary Star    

To move the following Clause—


 
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Revised 18 December 2015