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Parliamentary Debates House of Commons Official Report General Committees PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT GENERAL COMMITTEES Public Bill Committee LOCALISM BILL Twenty-fourth Sitting Thursday 10 March 2011 (Afternoon) CONTENTS New clauses considered. CLAUSES 201 to 203 agreed to, one with an amendment. SCHEDULE 24 agreed to. CLAUSES 204 to 207 agreed to, some with amendments. Written evidence (Appending to proceedings) motion agreed to. Bill, as amended, to be reported. PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS LONDON – THE STATIONERY OFFICE LIMITED £5·00 PBC (Bill 126) 2010 - 2011 Members who wish to have copies of the Official Report of Proceedings in General Committees sent to them are requested to give notice to that effect at the Vote Office. No proofs can be supplied. Corrigenda slips may be published with Bound Volume editions. Corrigenda that Members suggest should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor’s Room, House of Commons, not later than Monday 14 March 2011 STRICT ADHERENCE TO THIS ARRANGEMENT WILL GREATLY FACILITATE THE PROMPT PUBLICATION OF THE BOUND VOLUMES OF PROCEEDINGS IN GENERAL COMMITTEES © Parliamentary Copyright House of Commons 2011 This publication may be reproduced under the terms of the Parliamentary Click-Use Licence, available online through The National Archives website at www.nationalarchives.gov.uk/information-management/our-services/parliamentary-licence-information.htm Enquiries to The National Archives, Kew, Richmond, Surrey TW9 4DU; e-mail: [email protected] 937 Public Bill Committee10 MARCH 2011 Localism Bill 938 The Committee consisted of the following Members: Chairs: †MR DAVID AMESS,HUGH BAYLEY † Alexander, Heidi (Lewisham East) (Lab) † Neill, Robert (Parliamentary Under-Secretary of † Barwell, Gavin (Croydon Central) (Con) State for Communities and Local Government) † Bruce, Fiona (Congleton) (Con) † Ollerenshaw, Eric (Lancaster and Fleetwood) (Con) † Cairns, Alun (Vale of Glamorgan) (Con) Raynsford, Mr Nick (Greenwich and Woolwich) (Lab) † Clark, Greg (Minister of State, Department for † Reynolds, Jonathan (Stalybridge and Hyde) (Lab/ Communities and Local Government) Co-op) Seabeck, Alison (Plymouth, Moor View) (Lab) Dakin, Nic (Scunthorpe) (Lab) Simpson, David (Upper Bann) (DUP) † Dromey, Jack (Birmingham, Erdington) (Lab) † Smith, Henry (Crawley) (Con) † Elliott, Julie (Sunderland Central) (Lab) † Stewart, Iain (Milton Keynes South) (Con) † Gilbert, Stephen (St Austell and Newquay) (LD) † Stunell, Andrew (Parliamentary Under-Secretary of † Howell, John (Henley) (Con) State for Communities and Local Government) † Keeley, Barbara (Worsley and Eccles South) (Lab) Ward,MrDavid(Bradford East) (LD) † Lewis, Brandon (Great Yarmouth) (Con) † Wiggin, Bill (North Herefordshire) (Con) † McDonagh, Siobhain (Mitcham and Morden) (Lab) Sarah Davies, Committee Clerk † Mearns, Ian (Gateshead) (Lab) † Morris, James (Halesowen and Rowley Regis) (Con) † attended the Committee 939 Public Bill CommitteeHOUSE OF COMMONS Localism Bill 940 The Chair: I remind the Committee that with this we Public Bill Committee are discussing the following: new clause 15—Efficient and effective planning— ‘(1) Regulations may be made under this section with the Thursday 10 March 2011 purpose of securing the more efficient and effective operation of the procedures under the Planning Acts and in particular to give effect to the recommendations of— (Afternoon) (a) the Killian Pretty report, and (b) the Penfold Review. [MR DAVID AMESS in the Chair] (2) Regulations under this section may— (a) apply an enactment with or without modification; Localism Bill (b) include provisions disapplying, modifying the effect of or amending an enactment. (3) Regulations under this section— New Clause 11 (a) shall be made by statutory instrument; (b) shall not be made unless a draft has been laid before and approved by resolution of each House of COMMUNITY RIGHT OF APPEAL Parliament.’. ‘(1) The Town and Country Planning Act 1990 is amended as follows. New clause 19—Compensation for compulsory purchase— (2) In section 78 (appeals to the Secretary of State against assumptions as to planning permission— planning decisions and failure to take such decisions) after ‘(1) The Land Compensation Act 1961 is amended as follows. subsection (2) insert— (2) For sections 14, 15 and 16 substitute— “(2A) Where a planning authority grants an application for “14 Planning permissions - actual and assumed planning permission and— (1) For the purpose of assessing compensation in respect of (a) the authority has publicised the application as not any compulsory acquisition, the matters to be taken into account according with the development plan in force in the in ascertaining the value of the relevant interest shall include— area in which the land to which the application relates is situated; or (a) any planning permission for development on the relevant land or any other land which is in force at (b) the application is one in which the authority has an the valuation date; interest as defined in section 316; (b) the prospect, in the circumstances known to the certain persons as specified in subsection (2B) below may by market at the valuation date, of any other such notice appeal to the Secretary of State, provided any one of the planning permission being granted in the future; and conditions in subsection (2C) below are met. (2B) Persons who may by notice appeal to the Secretary of (c) the value attributable to development on the relevant State against the appoval of planning permission in the land by itself or together with other land for which circumstances specified in subsection (2A) above are— planning permission could reasonably have been expected to be granted where the assumptions (a) the ward councillors for the area who have lodged a mentioned in subsection (3) are made (“appropriate formal objection to the planning application in writing alternative development”). to the planning authority, or where there is more than one councillor, all councillors by unanimity; (2) In determining the value attributable to appropriate alternative development for the purpose of subsection (1)(c) (b) any parish council or neighbourhood forum by two account shall be taken of— thirds majority voting, as defined in Section 61F, covering or adjoining the area of land to which the (a) any planning permission for appropriate alternative application relates is situated; or development which could reasonably have been expected to be granted on an application considered (c) any overview and scrutiny committee by two thirds on the valuation date where the assumptions majority voting. mentioned in subsection (3) are made; and (2C) The conditions are: (b) the prospect, on the assumptions mentioned in (a) section 61W(1) of the Town and Country Planning subsection (3), but otherwise in the circumstances Act 1990 applies to the application; known to the market at the valuation date, of (b) the application is accompanied by an Environmental planning permission for other development being Impact Assessment; granted in the future. (c) the planning officer has recommended refusal of (3) The assumptions referred to in subsections (1) and (2) are planning permission. that the circumstances at the date of determination of the (3) Section 79 is amended as follows— application are the same as exist at the valuation date except that— (a) In subsection (2), leave out “either” and after “planning authority”, insert “or the applicant (where (a) the statutory project had been cancelled on whichever different from the appellant)”; of the following dates shall apply— (b) In subsection (6), after “the determination”, insert (i) the date of first publication of notice of the making “(except for appeals as defined in section 78 (2A) and of the compulsory purchase order as required where the appellant is as defined in section 79 under the Acquisition of Land Act 1981; (2B)).”.’.—(Stephen Gilbert.) (ii) the date of first publication of notice of the Brought up, read the First time, and Question proposed application for compulsory purchase powers (this day), That the clause be read a Second time. contained in any order to be made by the Secretary of State under any enactment; or (iii) the date of first publication of notice of the 1pm deposit in Parliament of the Bill containing the Question again proposed. power to purchase the land compulsorily; 941 Public Bill Committee10 MARCH 2011 Localism Bill 942 (b) no action has been taken (including acquisition of any (c) direct that the hearing of the appeal should take the land, and any development or works) by the form of a local inquiry before a planning inspector acquiring authority, wholly or mainly for the purpose appointed by the Secretary of State, and that the of the statutory project; and inspector be given delegated power to determine the (c) there is no prospect of the same project, or any other appeal on behalf of the Tribunal.”. project to meet the same or substantially the same (5) For section 19 substitute— need, being carried out in the exercise of a statutory “19 Application of certificate procedure in special cases function, or by the exercise of compulsory purchase (1) Subsection (2) applies where— powers. (a) the person entitled to an interest in land which is (4) In this section “the statutory project” means the project, proposed to be acquired by an authority possessing for which the authority has been authorised to acquire the compulsory purchase powers is absent from the relevant land, for a purpose to be carried
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