Clause 15 - Minerals and waste development scheme
Planning and Compulsory Purchase Bill
10:15 am
Mr David Amess (Southend West, Conservative)
With this it will be convenient to discuss the following:
Amendment No. 258, in
clause 15, page 9, line 14, leave out 'scheme', and insert 'plan'.
Amendment No. 259, in
clause 15, page 9, line 15, leave out 'scheme', and insert 'plan'.
Amendment No. 268, in
clause 23, page 13, line 18, leave out 'documents' and insert 'plan'.
Amendment No. 269, in
clause 23, page 13, line 25, after 'a' insert 'local'.
Amendment No. 272, in
clause 23, page 13, line 34, after 'a', insert 'local'
Amendment No. 274, in
clause 23, page 13, line 37, leave out 'document' and insert 'plan'.
Amendment No. 275, in
clause 23, page 13, line 41, leave out 'document' and insert 'plan'.
Amendment No. 276, in
clause 23, page 13, line 43, leave out 'document' and insert 'plan'.
Amendment No. 277, in
clause 23, page 13, line 45, leave out 'document' and insert 'plan'.
Amendment No. 278, in
clause 23, page 14, line 1, leave out 'document' and insert 'plan'.
Amendment No. 279, in
clause 23, page 14, line 3, leave out 'document' and insert 'plan'.
Amendment No. 281, in
clause 24, page 14, line 10, leave out 'document' and insert 'plan'.
Amendment No. 283, in
clause 26, page 14, line 40, leave out 'document' and insert 'plan'.
Amendment No. 284, in
clause 26, page 15, line 4, leave out 'document' and insert 'plan'.
Amendment No. 285, in
clause 26, page 15, line 5, leave out first 'document' and insert 'plan'.
Amendment No. 286, in
clause 26, page 15, line 5, leave out second 'document' and insert 'plan'.
New clause 7—Local Development Plans—
'(1) The local planning authority must prepare a plan for their area to be known as a local development plan.
(2) The plan must set out—
(a) the authority's objectives in relation to the development and use of land in their area;
(b) their general policies for the implementation of those objectives.
(3) The plan may also set out specific policies in relation to any part of the area of the authority.
(4) Regulations under this section may prescribe the form and content of the plan.
(5) In preparing a local development plan the authority must have regard to—
(a) current national policies;
(b) the England Spatial Plan;
(c) the RSS for their region and any region which adjoins the area of the authority;
(d) the community strategy prepared by the authority;
(e) the community strategy for any other authority whose area comprises any part of the area of the local planning authority;
(f) the resources likely to be available for implementing the plan;
(g) such other matters as the Secretary of State prescribes.
(6) The authority must also—
(a) carry out an appraisal of the sustainability of the plan;
(b) prepare a report of the findings of the appraisal.
(7) The community strategy is the strategy prepared by an authority under section 4 of the Local Government Act 2000 (c.22).
(8) A plan is a local development plan only in so far as it—
(a) is adopted by resolution of the local planning authority as a local development plan;
(b) is approved by the Secretary of State.'.
New clause 8—Local Development Plans: preparation requirements—
'(1) A local development plan must be prepared in accordance with—
(a) the local planning authority's community involvement scheme;
(b) the timetable for the preparation and adoption of the authority's local development plan.'
(2) The authority's community involvement scheme is a statement of the authority's policy as to the involvement in the exercise of the authority's functions under this Part of the persons to which subsection (3) applies.
(3) The persons mentioned in subsection (2)—
(a) must include such persons as the Secretary of State prescribes;
(b) may include such other persons as appear to the authority to have an interest in matters relating to development in the area of the authority.
(4) The authority and the Secretary of State must attempt to agree the terms of the documents mentioned in paragraphs (a) and (b) of subsection (1).
(5) But to the extent that the Secretary of State and the authority cannot agree the terms, the Secretary of State may direct that the documents must be in the terms specified in the direction.
(6) The authority must comply with the direction.
(7) The Secretary of State may prescribe—
(a) the procedure in respect of the preparation of the documents mentioned in paragraphs (a) and (b) of subsection (1);
(b) the form and content of the documents;
(c) the time at which any step in the preparation of the documents must be taken;
(d) publicity about the documents;
(e) making the documents available for inspection by the public;
(f) circumstances in which the requirements of the documents need not be complied with'.
New clause 9—Independent examination—
'(1) The local planning authority must submit their local development plan to the Secretary of State for independent examination.
(2) But the authority must not submit a plan unless—
(a) they have complied with any relevant requirements contained in regulations under this Part, and
(b) they think the plan is ready for independent examination.
(3) The authority must also send to the Secretary of State (in addition to the local development plan) such other documents (or copies of documents) and such information as is prescribed.
(4) The examination must be carried out by a person appointed by the Secretary of State.
(5) The purpose of the independent examination is to determine in respect of a local development plan—
(a) whether it satisfies the requirements for local development plans and their preparation as set out in this part;
(b) whether it is sound.
(6) Any person who makes representations seeking to change a local development plan must (if he so requests) be given the opportunity to appear before and be heard by the person carrying out the examination.
(7) The person appointed to carry out the examination—
(a) must make recommendations;
(b) give reasons for the recommendations.
(8) The local planning authority must publish the recommendations and the reasons'.
New clause 10—Intervention by the Secretary of State—
'(1) If the Secretary of State thinks that a local development plan is unsatisfactory he may at any time before the plan is adopted by the local planning authority direct them to modify the plan in accordance with the direction.
(2) The authority—
(a) must comply with the direction;
(b) must not adopt the plan unless the Secretary of State gives notice that he is satisfied that they have complied with the direction.
(3) At any time before a local development plan is adopted by a local planning authority the Secretary of State may direct that the plan is submitted to him for his approval.
(4) The following apply if the Secretary of State gives a direction under subsection (3)—
(a) the authority must not take any step in connection with the adoption of the plan until the Secretary of State gives his decision;
(b) if the direction is given before the authority have submitted the plan for independent examination under the requirements of this part the Secretary of State must hold an independent examination and the requirements under this part for independent examinations will apply accordingly;
(c) if the direction is given after the authority have submitted the plan the person appointed to carry out the examination must make his recommendations to the Secretary of State;
(d) the plan has no effect unless it has been approved by the Secretary of State.
(5) The Secretary of State must publish the recommendations made to it by virtue of subsection (4)(b) or (c).
(6) In considering a plan submitted under subsection (3) the Secretary of State may take account of any matter which he thinks is relevant.
(7) It is immaterial whether any such matter was taken account of by the authority.
(8) The Secretary of State—
(a) may approve subject to specified modifications or reject a plan submitted to him under subsection (3);
(b) must give reasons for his decision under paragraph (a).
(9) In the exercise of any function under this section the Secretary of State must have regard to the local planning authority's community involvement scheme and the timetable for the preparation and adoption of the authority's local development plan.'
New clause 11—Withdrawal of local development plan—
'(1) A local planning authority may at any time before a local development plan is adopted under this section withdraw the plan.
(2) But subsection (1) does not apply to a local development plan at any time after the plan has been submitted for independent examination unless—
(a) the person carrying out the examination recommends that the plan is withdrawn and that recommendation is not overruled by a direction given by the Secretary of State, or
(b) the Secretary of State directs that the plan must be withdrawn.'.
New clause 12—Adoption of local development plan—
'(1) The local planning authority may adopt a local development plan as originally prepared if the person appointed to carry out the independent examination of the plan recommends that the plan as originally prepared is adopted.
(2) The authority may adopt a local development plan with modifications if the person appointed to carry out the independent examination of the plan recommends the modifications.
(3) A plan is adopted for the purposes of this section if it is adopted by resolution of the authority.
(4) But the authority must not adopt a local development plan if the Secretary of State directs them not to do so.'.
New clause 13—Revocation of local development plan—
'The Secretary of State may at any time revoke a local development plan at the request of the local planning authority.'.
New clause 14—Review of local development plan—
'(1) A local planning authority must carry out a review of their local development plan at such times as the Secretary of State prescribes.
(2) The authority must report to the Secretary of State on the findings of their review.
(3) A review must—
(a) be in such form as is prescribed;
(b) be published in accordance with such requirements as are prescribed.'.
New clause 15—Revision of local development plan—
'(1) The local planning authority may at any time prepare a revision of a local development plan.
(2) The authority must prepare a revision of a local development plan—
(a) if the Secretary of State directs them to do so;
(b) if, following a review of the local development plan as set out in this Part, they think that the plan should be revised.
(3) This Part applies to the revision of a local development plan as it applies to the preparation of the plan.'.
New clause 16—Joint local development plans—
'(1) Two or more local planning authorities may agree to prepare a joint local development plan.
(2) This Part applies for the purposes of the preparation, revision, adoption, withdrawal and revocation of a joint local development plan as it applies for the purposes of the preparation, revision, adoption, withdrawal and revocation of a local development plan.
(3) For the purposes of subsection (2) anything which must be done by or in relation to a local planning authority in connection with a local development plan must be done by or in relation to each of the authorities mentioned in subsection (1) in connection with a joint local development plan.
(4) Subsections (5) to (7) apply if a local planning authority withdraws from an agreement mentioned in subsection (1).
(5) Any step taken in relation to the plan must be treated as a step taken by—
(a) an authority which was a party to the agreement for the purposes of any corresponding plan prepared by them;
(b) two or more other authorities who were parties to the agreement for the purposes of any corresponding joint local development plan.
(6) Any independent examination of a local development plan to which the agreement relates must be suspended.
(7) If before the end of the period prescribed for the purposes of this subsection an authority which was a party to the agreement requests the Secretary of State to do so he may direct that—
(a) the examination is resumed in relation to the corresponding plan;
(b) any step taken for the purposes of the suspended examination has effect for the purposes of the resumed examination.
(8) A joint local development plan is a local development plan prepared jointly by two or more local planning authorities.'.