Levelling-up and Regeneration Bill

Baroness Bloomfield of Hinton Waldrist Excerpts

Committee stage
Tuesday 18th April 2023 Lords Chamber

Moved by

[Baroness Bloomfield of Hinton Waldrist]

216A: Schedule 7, page 294, line 19, at end insert—
“(3A) The Secretary of State may require the local planning authority to—(a) reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, appointing a person under subsection (3), or(b) pay any fees and expenses of a person appointed by the Secretary of State under subsection (3).”Member’s explanatory statement
This amendment allows the Secretary of State to require a local planning authority to reimburse the Secretary of State for expenditure incurred in connection with appointing a person to provide observations or advice on a proposed local plan or to pay any fees and expenses of that person.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, this group is intended to make minor, technical and consequential amendments to the reforms in the Bill connected to plan making.

Amendment 216A is a minor and technical amendment to Schedule 7. It clarifies an ambiguity in relation to new Section 15CA, to be inserted into the Planning and Compulsory Purchase Act 2004 by Schedule 7 to the Bill. The amendment, which will insert new subsection (3A) into new Section 15CA, clarifies that local planning authorities may be made liable for the costs associated with observations or advice delivered by a person appointed by the Secretary of State under new Section 15CA(3), which in practice will be in relation to the proposed local gateways.

Noble Lords will note that the intention was always that, in relation to remuneration and allowances payable under new Section 15LE(2)(j) in Schedule 7, it should be possible for local planning authorities to be made liable for these costs. This amendment simply ensures clarity as to where liability for remuneration or allowances under new subsection (2)(j) may fall. The position following this amendment will broadly mirror arrangements for other relevant appointments, for example in relation to independent examination of plans and local plan commissioners appointed by the Secretary of State.

Amendments 242A, 242B, 242C, 242D, 242E, 242F, 242G and 242H set out consequential amendments required to various pieces of legislation in connection with our reforms to plan making. Through the reforms to Part 2 of the Planning and Compulsory Purchase Act 2004, as introduced by Clause 90 and Schedule 7 to the Bill, the concepts of “local development document” and “development plan document” will be replaced by

“local plan, minerals and waste plan or supplementary plan”.

Various consequential amendments have been tabled to ensure that these changes to terminology are carried across to other legislation.

Schedule 8 already sets out minor and consequential amendments of this kind. These further changes will be inserted into Schedule 8 and amend various pieces of legislation to ensure that other key legislative provisions would continue to have effect in light of our reforms. These include, for instance, the Local Government Act 1972, the Town and Country Planning Act 1990, the Greater London Authority Act 1999, the Commons Act 2006, the Planning and Energy Act 2008 and the Marine and Coastal Access Act 2009. I beg to move.

[Baroness Pinnock (LD)]

I have a query, and I congratulate the noble Baroness on so carefully explaining the long list of amendments. On the first amendment, Amendment 216A, is that a new requirement for local planning authorities? If so, then surely it should fall under the new burdens agreement between the Government and local authorities and should therefore be funded by the Government.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I am told that if it was a new burden, it would be. We do not know whether it is going to be a new burden, but if it were to be a new burden, it would be.

[Baroness Pinnock (LD)]

And if it was not a new burden, it would not be?

[Baroness Bloomfield of Hinton Waldrist (Con)]

Exactly.

[Baroness Pinnock (LD)]

I would be grateful if the Minister could write and let me know.

[Baroness Bloomfield of Hinton Waldrist (Con)]

We will write.

Amendment 216A agreed.