Baroness Primarolo
Main Page: Baroness Primarolo (Labour - Life peer)
Madam Deputy Speaker (Dawn Primarolo)
With this it will be convenient to discuss the following:
New clause 2—Sustainable development
‘(1) The Secretary of State must, not later than six months after this Act is passed, make provision in regulations to—
(a) define sustainable development in the planning context, and
(b) incorporate the five principles of sustainability as set out in the 2005 Sustainable Development Strategy—
(i) living within environmental limits;
(ii) ensuring a strong, healthy and just society;
(iii) achieving a sustainable economy;
(iv) promoting good governance; and
(v) using sound science responsibly
into planning law and guidance.
(2) Before making regulations under subsection (1) the Secretary of State must consult such organisations and persons as the Secretary of State considers appropriate.
(3) Regulations under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.’.
New clause 4—Community Right of Appeal
‘(1) The Town and Country Planning Act 1990 is amended as follows.
(2) In section 78 (appeals to the Secretary of State against planning decisions and failure to take such decisions) after subsection (2) insert—
“(2A) Where a local planning authority grants an application for planning permission and—
(a) the authority has publicised the application as not being in accordance with the development plan in force in the area in which the land to which the application relates is situated; or
(b) the application is one in which the authority has an interest as defined in section 316;
certain persons as specified in subsection (2B) may by notice appeal to the Secretary of State, provided any one of the conditions in subsection (2C) are met.
(2B) Persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified in subsection (2A) are—
(a) the ward councillor for the area (if that councillor has lodged a formal objection to the planning application in writing to the planning authority), or where there is more than one councillor, all councillors by unanimity;
(b) any parish council or neighbourhood forum, as defined in section 61F, covering or adjoining the area of land to which the application relates, by two-thirds majority voting; or
(c) any overview and scrutiny committee, by two-thirds majority voting.
(2C) The conditions are:
(a) Section 61W(1) of the Town and Country Planning Act 1990 applies to the application;
(b) the application is accompanied by an environmental impact assessment; and
(c) the planning officer has recommended refusal of planning permission.”.
(3) Section 79 is amended as follows—
(a) in subsection (2), leave out “either” and after “authority”, insert “or the applicant (where different from the appellant)”;
(b) in subsection (6), after “land”, insert “(except for appeals as defined in section 78(2A) and where the appellant is as defined in section 78(2B)).”.’.
New clause 5—Powers of the Secretary of State
‘(1) If the Secretary of State thinks that a statutory provision (whenever passed or made) is creating uncertainty for local authorities in the discharge of their planning functions or is a matter of public dispute between local planning authorities and other relevant bodies, the Secretary of State may by order made by statutory instrument amend, repeal, revoke or disapply that provision.
(2) The power under subsection (1) may by exercised in relation to—
(a) all local authorities,
(b) particular local authorities, or
(c) particular descriptions of local authority.
(3) The power under subsection (1) to amend or disapply a statutory provision includes power to amend or disapply a statutory provision for a particular period.
(4) In this section “statutory provision” means a provision of an Act.
(5) Before making an order under subsection (1) the Secretary of State must consult—
(a) such local authorities
(b) such representatives of local government, and
(c) such other persons (if any), as the Secretary of State considers appropriate.
(6) The Secretary of State may not make an order under this section unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.’.
New clause 6—The purpose of planning
‘(1) The Planning and Compulsory Purchase Act 2004 is amended as follows.
(2) Before section 1 insert—
“A1 Purpose of Planning
(1) The purpose of the planning system is to achieve sustainable development.
(2) Any person exercising functions and duties under the planning Acts must do so with the objective of achieving sustainable development and shall have regard in doing so to any guidance given for that purpose by the Secretary of State.
A2 Interpretation
‘(1) In this Act—
(a) ‘sustainable development’ means development that meets the social, economic and environmental needs of the present without compromising the ability of future generations to meet their own needs including the application of the following principles:
(i) living within environmental limits;
(ii) ensuring a strong, healthy and just society;
(iii) achieving a sustainable economy;
(iv) promoting good governance;
(v) using sound science responsibly;
(b) ‘the planning Acts’ means—
(i) the Localism Act 2011;
(ii) the Planning Act 2008;
(iii) this Act;
(iv) the Town and Country Planning Act 1990;
(v) the Planning (Listed Buildings and Conservation Areas) Act 1990;
(vi) the Planning (Hazardous Substances) Act 1990; and
(vii) the Planning (Consequential Provisions) Act 1990.”’.
New clause 7—Removal of permitted area restrictions
‘(1) A relevant local authority may consider and, if it thinks fit, grant an application to vary a converted casino premises licence so that it relates to premises to which it did not previously relate and may do so regardless of whether or not—
(a) the premises to which the application relates are situated in the area of the relevant local authority which issued the licence; and
(b) the area of the relevant local authority in which those premises are situated was a permitted area when the converted casino premises licence was originally issued.
(2) Subsection (1) shall not require a relevant local authority to consider any application to vary a converted casino premises licence if that local authority has passed a resolution under section 166 of the Gambling Act 2005 (resolution not to issue casino licences) and that resolution is in effect at the time the application is made.
(3) In Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) Order 2006 (transitional provisions), for sub-paragraph (13) of paragraph 65 (application of the Gambling Act 2005 to casino premises licences granted on a conversion application) substitute—
“(13) An application to vary a converted casino premises licence so that it relates to premises to which it did not previously relate shall be made—
(a) in the case of premises wholly or partly situated in the area of the licensing authority which issued the licence, to that licensing authority; or
(b) in the case of premises wholly or partly situated in the area of another licensing authority, to that other licensing authority,
and section 213(f) (definition of licensing authority) shall apply to such an application as if the licensing authority considering such an application under paragraph (b) was the authority which issued that licence.
(14) Nothing in paragraph (13)(b) shall require a licensing authority to consider or grant an application to vary a converted casino premises licence so that it relates to premises to which it did not previously relate if—
(a) the premises are wholly or partly situated in the area of a licensing authority which did not issue the licence; and
(b) the licensing authority has resolved under section 166 not to issue casino premises licences and that resolution is in effect at the time the application is made.”.
(4) In this section—
“converted casino premises licence” has the same meaning as in the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) Order 2006;
“permitted area” means the area of a local authority which was a permitted area for the purposes of the Gaming Act 1968;
“relevant local authority” means a local authority in England, Wales or Scotland which is a licensing authority under the Gambling Act 2005.’.
New clause 11—Transfer of generating station consent powers to Welsh Ministers
‘(1) The Secretary of State must make regulations to transfer to the Welsh Ministers those functions of the Infrastructure Planning Commission and the Marine Management Organisation which relate to applications for an order granting development consent for the construction or extension of generating stations in Wales or in waters in or adjacent to Wales up to the seaward limits of the territorial sea.
(2) Regulations made under subsection (1) must be laid within 12 months of the passing of this Act and are subject to the negative resolution procedure.’.
New clause 29—Retail diversity scheme
‘(1) In Part 2 of the Planning and Compulsory Purchase Act 2004 after section 15 insert—
15A (1) The local planning authority must prepare and maintain a scheme to be known as their retail diversity scheme.
(2) The retail diversity scheme must form part of the Local Development Scheme within two years of the Local Development Scheme being published or within two years of this Act being passed, whichever is later.
(3) The scheme must—
(a) define a network and hierarchy of retail centres in the local authority area,
(b) assess the need for development in retail centres,
(c) identify sites for development based on the sequential approach, and
(d) promote retail diversity.
(4) In this section—
(a) ‘retail diversity’ means a mix of retail provision that meets the requirements of the local catchment area in terms of range and quality of comparison and convenience retail businesses;
(b) ‘sequential approach’ means that local planning authorities must identify sites that are suitable, available and viable for development in the following order—
(i) locations in appropriate existing centres;
(ii) edge of centre locations, with preference given to sites that are or will be well connected to existing retail centres;
(iii) out of centre sites with preference given to sites well served by a choice of transport and are closest to an existing centre.
(5) The Secretary of State may direct the local planning authority to make such amendments to the scheme as he thinks appropriate.
(6) Such a direction must contain the Secretary of State’s reasons for giving it.
(7) The local planning authority must consult with the local community in developing the scheme.
(8) The local community as defined under subsection (7) must include—
(a) a parish council or parish councils authorised to act in relation to the neighbourhood area or areas to which the retail diversity scheme relates subject to section 61F of the Town and Country Planning Act 1990,
(b) a ‘qualifying body’ authorised to act in relation to the neighbourhood area or areas to which the retail diversity scheme relates subject to section 61F of the Town and Country Planning Act 1990, and
(c) any other local person at the discretion of the local planning authority.
(9) Where a retail planning application is submitted and there is no retail diversity scheme in place the applicant must provide a statement to the local planning authority that sets out how the development impacts on the criteria identified in subsection (3); and the local planning authority must consult the local community as defined in subsection (8) before coming to a decision on the application.”’.
New clause 30—Planning consent for betting offices
‘(1) That, notwithstanding any existing statutory provision, a local authority may require planning consent to be applied for pursuant to section 62 of the Town and Country Planning Act 1990 and granted prior to the establishment of, or change of use of premises or land to establish, a betting office in that local authority’s area.
(2) “Betting office” means premises, other than a track within the meaning of the Gambling Act 2005, in respect of which a betting premises licence under Part 8 of that Act has effect.’.
New clause 31—Change of use class for betting offices
‘The Town and Country Planning (Use Classes) Order 1987 is amended as follows—
‘(1) In article 3(6) (exclusion from use classes), at end add—
“(n) as a betting office”.
(2) In Part A (Use Classes) of the Schedule to the principal Order, in Class A2(c) omit “(including use as a betting office)”.
(3) “Betting office” means premises, other than a track within the meaning of the Gambling Act 2005, in respect of which a betting premises licence under Part 8 of that Act has effect.’.
New clause 32—Amendment of the Planning and Compulsory Purchase Act 2004
‘In section 19(1A) of the Planning and Compulsory Purchase Act 2004 (preparation of local development documents)—
(a) leave out “(taken as a whole)”,
(b) leave out from “contribute” to “change” and insert—
(i) achieve reductions of greenhouse gas emissions in line with the carbon budgets set under the Climate Change Act 2008;
(ii) meet current national policy objectives on assessing the risk of and adapting to climate change, in relation to that area.’.
New clause 34—Guidance on opencast mining: separation zones etc.
‘(1) The Secretary of State must issue guidance on the national planning policy for opencast mining in England within six months of this Act being passed.
(2) The guidance must require a minimum separation zone of 500 metres between the site of an opencast mine and the nearest residential property, unless there are exceptional circumstances.
(3) Mineral planning authorities in England must have regard to any guidance issued under this section when fulfilling their functions.
(4) In this section “opencast mining” means the working of minerals by opencast operations and the carrying out of operations incidental to such working.’.
New clause 35—Scope of the Town and Country Planning (General Permitted Development) Order (No.2)
‘The Secretary of State must within 12 months of this Act being passed, by regulations made by statutory instrument, amend the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (the “GPDO”) removing permitted development rights specified in neighbourhood development orders from the scope of the GPDO.’.
New clause 36—Scope of the Town and Country Planning (General Permitted Development) Order (No.1)
‘The Secretary of State must within 12 months of this Act being passed, by regulations made by statutory instrument, amend the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (the “GPDO”) removing land or premises used or formerly used as a public house from the scope of the GPDO.’.
Government amendment 144.
Amendment 293, clause 90, page 61, line 6, at end insert
‘including a County Council, an Integrated Transport Authority for the area or a Marine Plan Authority.’.
Government amendments 145 to 147.
Amendment 294, page 61, line 13, after ‘undertaken’, insert
‘where issues or impacts cross administrative boundaries and with the objective of achieving sustainable development’.
Government amendment 148.
Amendment 295, page 61, line 15, at end insert—
‘(ab) the preparation of Joint Infrastructure Planning Guidance.’.
Government amendment 149.
Amendment 297, page 61, line 17, at end insert—
‘(d) the preparation of the Local Transport Plan;
(e) the preparation of marine plans; and
(f) other activities that support the planning of development, so far as relating to the development and use of land or sea.’.
Government amendment 150.
Amendment 296, page 61, line 18, leave out from ‘land’ to end of line 20 and insert
‘and strategic infrastructure and in particular the preparation of Joint Infrastructure Planning Guidance.’.
Amendment 298, page 61, line 20, at end insert—
‘(3A) The preparation of Joint Infrastructure Planning Guidance within subsection (3) must involve—
(a) a local planning authority who is also a member of a Local Enterprise Partnership as approved by the Secretary of State; and
(b) every other person within subsection (1).
(3B) The preparation of Joint Infrastructure Planning Guidance within subsection (3) includes in particular—
(a) the collection of evidence on issues defined in subsection (3C);
(b) the preparation of policy guidance in relation to issues defined in subsection (3C); and
(c) any other activities that support joint infrastructure planning.
(3C) For the purpose of subsection (3B) the issues to be addressed include—
(a) housing needs;
(b) climate mitigation and adaptation and in particular flood risk;
(c) economic development including retail needs;
(d) energy needs and capacity;
(e) biodiversity;
(f) natural resource use including water management; and
(g) transport.
(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 must act under guidance, including as to the meaning of sustainable development, as set out in the UK Sustainable Development Strategy.’.
Government amendments 151 to 156.
Amendment 299, page 61, line 36, at end insert—
‘(7) In this section—
(a) “marine plan” has the same meaning as in section 51 of the Marine and Coastal Access Act 2009;
(b) “marine plan authority” has the same meaning as in section 50 of the Marine and Coastal Access Act 2009;
(c) “sea” has the same meaning as in section 42 of the Marine and Coastal Access Act 2009.
(8) The fulfilment of the duty in subsection (1) shall be regarded as a material consideration by an independent examiner carrying out functions under section 20(7) of the Planning and Compulsory Purchase Act 2004.’.
Government amendments 157 and 158.
Amendment 369, clause 95, page 66, line 33, leave out from ‘levy)’ to end of line 38 and insert ‘in subsection (2), after second ‘ensure’, leave out to the end of the subsection and insert
‘that owners and developers of land make a financial contribution to support communities in the area in which their development is situated, including the provision of infrastructure and the building, improvement and renovation of housing.’.
Government amendments 159 and 160.
Amendment 6, schedule 9, page 289, line 23, after ‘live’, insert ‘, or businesses registered,’.
Amendment 7, page 289, line 26, after ‘live’, insert ‘, or businesses registered,’.
Amendment 8, page 289, line 27, at end insert—
(ba) the organisation or body is competent to undertake the task of preparing a neighbourhood plan with appropriate professional support.’.
Amendment 9, page 289, line 27, at end insert—
(ba) the organisation or body is representative of different sections of the community.’.
Amendment 10, page 289, line 28, leave out ‘3’ and insert ‘12’.
Government amendments 161 to 163.
Amendment 359, page 292, line 25, at end insert
‘except for the winning and working of minerals in, on or under land by surface working and any associated activity.’.
Government amendments 164 to 168.
Amendment 301, page 298, line 6, at end insert—
‘(1A) A neighbourhood development plan must include policies to—
(a) achieve reductions of greenhouse gas emissions in line with the carbon budgets set under the Climate Change Act 2008;
(b) meet current national policy objectives on assessing the risk of and adapting to climate change, in relation to that area.’.
Government amendments 169 and 170.
Amendment 12, schedule 10, page 300, line 38,
(h) imposing a duty to conduct an equalities impact assessment in line with the Equality Act 2010.’.
Government amendments 171 to 174.
Amendment 11, page 303, line 14, at end insert—
‘(1A) Any person who makes written representations seeking to change a neighbourhood development order must (if he or she so requests) be given the opportunity to appear before and be heard by the person carrying out the examination.’.
Government amendments 175 to 182.
Amendment 371, clause 102, page 72, line 14, leave out ‘majority’ and insert ‘all’.
Amendment 372, page 72, line 15, at end insert
‘and within a radius of a quarter of a mile from the site of the application’.
Amendment 370, schedule 13, page 327, line 24, at end insert—
55A In section 115(1) after ‘associated development’, insert ‘, except where the associated development is the carrying out or construction of surface works, boreholes or pipes on a site all of which falls within the area of a single local planning authority, where consent for such works should be required from the local planning authority.’.
Government amendments 184 and 258.
Annette Brooke
On amendment 160, will the Minister clarify what will be the balance between residents and businesses? The amendment could be read to mean that businesses alone could drive an agenda, which might not be compatible with what the residents want. I wonder whether the wording needs to be looked at again.
Madam Deputy Speaker (Dawn Primarolo)
Order. Before the Minister resumes, I clarify that he is not supposed to have his back continually to the Chair. He is supposed to address the whole House, not just the Members behind him. I hope that he will bear that in mind.
Greg Clark
Of course, Madam Deputy Speaker. I certainly intended no discourtesy to you or anyone else in the Chamber.
We do not want to be too prescriptive in the rules for neighbourhood forums, because we want as many people to participate as possible. Nevertheless, we have specified the requirement in the examination that they should be open to all. Part of the test that the examiner will make is whether there are sufficient efforts to involve all sections of the community, including businesses and definitely residents. Various types of residents must also be included, because it is important that the whole community is represented. We have also clarified that councillors have a right to be involved in the neighbourhood forum, even if they do not reside in the ward that they represent, as is sometimes the case. I hope that Government amendments 161 and 162 cover the point made by the hon. Lady. If they need strengthening, we are happy to look at them again. I think that they make it clear that forums need to reflect the community and should not allow any narrow interests to dominate. That is one of the most important tests.
Good points were made in Committee by the hon. Member for Lewisham East (Heidi Alexander) and the right hon. Member for Greenwich and Woolwich (Mr Raynsford) about cross-border arrangements. I recollect that they share a border in Blackheath. It is important that Blackheath is able to have a neighbourhood plan, and I very much hope that it will. Government amendments, in particular amendment 168, will make that possible, and will ensure that there will be only one plan for the area. It would be wrong for competitive plans for Blackheath to be promoted from the Lewisham side and the Greenwich side. It is important that they work together.
Mr Betts
I want to get down to practicalities. Given that these matters are now material considerations, is it not the case that when an application comes before a local planning authority, the officer of that authority will have a responsibility to explain in their recommendations precisely what financial considerations there are and how much will be gained by the authority and the community from granting the application? That is completely different from any present requirement on any planning officer to explain any financial matters before the planning committee makes a decision on an application.
Madam Deputy Speaker (Dawn Primarolo)
Order. Before the Minister replies, I want to say that this is a very important point, and I am allowing the interventions to run longer than normal because of its complexity. Can we bear it in mind, however, that we still have a lot of business to get through?
Greg Clark
The hon. Gentleman has got the wrong end of the stick. It is not required that the planning application should be determined on the basis of the financial flow. It is relevant only if it relates to the planning matter before the authority. For example, if the community infrastructure levy is to be used to pay for an access road, it is perfectly reasonable—this is clarified in the new clause—for that to be taken into account by the local authority.