Growth and Infrastructure Bill

Lord Ahmad of Wimbledon Excerpts

Wednesday 27th February 2013 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

21: After Clause 4, insert the following new Clause—
“Local development orders: repeal of pre-adoption intervention powers
(1) The Town and Country Planning Act 1990 is amended as follows.
(2) Section 61B(1) to (7) (Secretary of State or Welsh Ministers may call in unadopted local development order for approval or may direct that it be modified) cease to apply in relation to England.
(3) Accordingly—
(a) in section 61B(1) (power to call in unadopted order) after “local planning authority” insert “in Wales,”, and(b) in section 61B(6) (power to direct that unadopted order be modified) after “local development order” insert “being prepared by a local planning authority in Wales”.(4) In section 61B, after subsection (7) insert—
“(7A) Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order’s adoption as is reasonably practicable.”
(5) In paragraph 1 of Schedule 4A (power to specify procedure for preparing local development orders) after sub-paragraph (2) insert—
“(2A) Sub-paragraph (2)(a) applies in relation to England as if for “submission, approval, adoption,” there were substituted “adoption, post-adoption submission,”.”
(6) In Schedule 4A omit—
(a) paragraph 4 (information about local development orders to be included in English planning authorities’ monitoring reports under section 35 of the Planning and Compulsory Purchase Act 2004), and(b) in paragraph 1(3), the words “35 or”.”

[Lord Ahmad of Wimbledon]

My Lords, during the debate in Committee on permitted development rights, a subject to which we shall return on day two on Report, concerns were expressed about the operation of local development orders. In response to those concerns we have brought forward changes to the Town and Country Planning Act 1990 by proposing the introduction of a new clause to the Bill in respect of the operation of the powers in England. These are matters which are devolved in respect of Wales.

The new clause removes current powers for the Secretary of State to intervene in and approve local development orders and for local planning authorities to report on them in England. This will mean local authorities will be able to consult on and make a local development order without the need to send a copy to the Secretary of State for his consideration and approval. Similarly, an authority will not have to report on the effectiveness of the order. Instead the local authority will just have to send a copy of the order to the Secretary of State once adopted.

--- Later in debate ---

Moved by

[Lord Ahmad of Wimbledon]

24: Clause 6, page 7, line 10, after “to” insert “—
(a) ”

[Lord Ahmad of Wimbledon]

My Lords, these amendments set out procedural steps to reflect the existing mayoral planning powers on applications of strategic importance in London. They are therefore in line with the amendment tabled by my noble friend Lord Tope and supported by my noble friend Lord Jenkin and the noble Baroness, Lady Valentine, in Committee.

We are proposing that the mayor should be notified of applications under Section 106BA relating to planning consents on which he was formally consulted, and that he should have the right to submit evidence on the viability of to those applications if he wishes. To ensure that decisions are made in a timely manner, we have set tight timescales for the Mayor of London to notify and submit representations to the authority. The mayor will have seven days from the day the application was received by the authority to notify it of whether he wants to make representations. The mayor will then have 14 days from the day the application was received by the authority to submit representations, or such other time as agreed between the authority and the applicant. The local planning authority will have an additional seven days to determine any application to which this amendment applies. That is to reflect the additional time needed to work with the Greater London Authority. I hope noble Lords will welcome the amendments we are proposing and I beg to move.

[Lord Tope]

I very much welcome these amendments. I thank the Minister for listening, hearing and acting.