County councils’ default powers in relation to development plan documents

Neighbourhood Planning Bill – in a Public Bill Committee am 4:30 pm ar 27 Hydref 2016.

Danfonwch hysbysiad imi am ddadleuon fel hyn

1 The Planning and Compulsory Purchase Act 2004 is amended as follows.

2 Schedule A1 (default powers exercisable by Mayor of London or combined authority) is amended in accordance with paragraphs 3 to 8.

3 In the heading for “or combined authority” substitute “, combined authority or county council”.

4 After paragraph 7 insert—

“Default powers exercisable by county council

7A In this Schedule—

‘upper-tier county council’ means a county council for an area for which there is also a district council;

‘lower-tier planning authority’, in relation to an upper-tier county council, means a district council which is the local planning authority for an area within the area of the upper-tier county council.

7B If the Secretary of State—

(a) thinks that a lower-tier planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document, and

(b) invites the upper-tier county council to prepare or revise the document, the upper-tier county council may prepare or revise (as the case may be) the development plan document.

7C (1) This paragraph applies where a development plan document is prepared or revised by an upper-tier county council under paragraph 7B.

(2) The upper-tier county council must hold an independent examination.

(3) The upper-tier county council—

(a) must publish the recommendations and reasons of the person appointed to hold the examination, and

(b) may also give directions to the lower-tier planning authority in relation to publication of those recommendations and reasons.

(4) The upper-tier county council may—

(a) approve the document, or approve it subject to specified modifications, as a local development document, or

(b) direct the lower-tier planning authority to consider adopting the document by resolution of the authority as a local development document.

7D (1) Subsections (4) to (7C) of section 20 apply to an examination held under paragraph 7C(2)—

(a) with the reference to the local planning authority in subsection (7C) of that section being read as a reference to the upper-tier county council, and

(b) with the omission of subsections (5)(c), (7)(b)(ii) and (7B)(b).

(2) The upper-tier county council must give reasons for anything they do in pursuance of paragraph 7B or 7C(4).

(3) The lower-tier planning authority must reimburse the upper-tier county council—

(a) for any expenditure that the upper-tier county council incur in connection with anything which is done by them under paragraph 7B and which the lower-tier planning authority failed or omitted to do as mentioned in that paragraph;

(b) for any expenditure that the upper-tier county council incur in connection with anything which is done by them under paragraph 7C(2).

(4) In the case of a joint local development document or a joint development plan document, the upper-tier council may apportion liability for the expenditure on such basis as the council considers just between the authorities for whom the document has been prepared.”

5 (1) Paragraph 8 is amended as follows.

(2) In sub-paragraph (1)—

(a) omit the “or” at the end of paragraph (a), and

(b) at the end of paragraph (b) insert “, or

(c) under paragraph 7B by an upper-tier county council.”

(3) In sub-paragraph (2)(a)—

(a) for “or 6(4)(a)” substitute “, 6(4)(a) or 7C(4)(a)”, and

(b) for “or the combined authority” substitute “, the combined authority or the upper-tier county council”.

(4) In sub-paragraph (3)(a) for “or the combined authority” substitute “, the combined authority or the upper-tier county council”.

(5) In sub-paragraph (5) for “or 6(4)(a)” substitute “, 6(4)(a) or 7C(4)(a)”.

(6) In sub-paragraph (7)—

(a) in paragraph (b) for “or 6(4)(a)” substitute “, 6(4)(a) or 7C(4)(a)”, and

(b) in the words following that paragraph for “or the combined authority” substitute “, the combined authority or the upper-tier county council”.

6 In paragraph 9(8) for “or the combined authority” substitute “, the combined authority or the upper-tier county council”.

7 In paragraph 12—

(a) for “or the combined authority” substitute “, the combined authority or the upper-tier county council”, and

(b) for “or the authority” substitute “, the authority or the council”.

8 In paragraph 13(1)—

(a) for “or a combined authority” substitute “, a combined authority or an upper-tier county council”, and

(b) for “or the authority” substitute “, the authority or the council”.

9 In section 17(8) (document a local development document only if adopted or approved) after paragraph (d) insert—

“(e) is approved by an upper-tier county council (as defined in that Schedule) under paragraph 7C of that Schedule.”

10 In section 27A (default powers exercisable by Mayor of London or combined authority) in both places for “or combined authority” substitute “, combined authority or county council”. —(Gavin Barwell.)

See the explanatory statement for NC5.

Brought up, read the First and Second time, and added to the Bill.

Question proposed, That the Chair do report the Bill, as amended, to the House.

Photo of Gavin Barwell Gavin Barwell Minister of State (Department for Communities and Local Government) (Housing, Planning and London)

Mr McCabe, may I take a minute of the Committee’s time to say thank you as we come to the end of our proceedings in Committee? I thank you and Mr Bone for the way in which you have chaired these proceedings, which I am sure all Members have appreciated. I also thank the officials, the Clerks who have assisted you, Hansard and the Doorkeepers for their support.

I thank all members of the Committee. We have had good debates to which nearly all Members have contributed fully. We on the Government Benches are grateful for the scrutiny of the Bill. I thank my officials for their work on the Bill and the Bill documents, which has been useful in scrutinising the legislation, and certainly for their support of me with their words of inspiration as I have tried to answer questions for members of the Committee.

Perhaps I could single out two people. I learned earlier today that this is the first time my right hon. Friend the Member for Chipping Barnet has sat on a Bill Committee as a Back-Bench Member. I hope that she has enjoyed the experience, and that the Whips are looking forward to putting her on many more such Committees. Finally, perhaps reflecting on whence I came, I thank our Whips. I have had to do their job for a number of years, and have had to sit through proceedings silently, unable to say anything. I think Members on both Front Benches are grateful for their support and help in getting through our proceedings.

Photo of Roberta Blackman-Woods Roberta Blackman-Woods Shadow Minister (Housing)

Like the Minister, I thank you, Mr McCabe, and Mr Bone for chairing this Committee with good humour, which is much appreciated. I also thank the Clerks for their excellent service and their help in drafting and tabling amendments in the right order and, in particular, in the right place, so that we could debate them. I marvel at the Doorkeepers. I do not know how they manage to sit through our hours of deliberations with such good humour. They keep us safe and secure. I thank Hansard for turning around a great deal of material in such a short time. I also thank the organisations that gave detailed evidence to the Committee, and those who turned up to give oral evidence. I hope that they think we have done justice to the points they raised.

I thank my fellow shadow Minister for his input, and both our Whip and the Government Whip. The way in which our proceedings have been conducted is a tribute to the way they organised the business. Although they are not all in their place, I thank Opposition Committee members—and indeed Government Members—for their excellent speeches and, sometimes, passion, even though we sometimes disagreed. Finally, I thank the Minister for his responses, which were very helpful at times, and I thank his hard-working civil servants, who have had to put up with all our questions.

Question put and agreed to.

Bill, as amended, accordingly to be reported.

Committee rose.