Clause 30 — Optional building requirements

“Schedule 1a – in the House of Commons at 9:00 pm on 23rd June 2014.

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Amendments made: 79, page 24, line 14, leave out from “State” to end of line 17 and insert

“in relation to England may include a requirement that applies only where a planning authority makes compliance with the requirement a condition of a grant of planning permission.”

Clause 30 confers power on the Secretary of State in making building regulations to include requirements (referred to in the clause as “optional requirements”) that apply only where a local planning authority decides they should apply. The amendment means that such a requirement will apply only where a planning

authority make compliance with it a condition of a grant of planning permission. See also amendment which inserts a definition of “planning authority”.

Amendment 80, page 24, line 25, leave out from ‘‘before’’ to end of line 26 and insert

“a planning authority may make compliance with an optional requirement a condition of the grant of planning permission.”

This amendment is consequential on amendment 79.

Amendment 81, page 24, line 27, leave out “local”.

This amendment is consequential on amendment 79.

Amendment 82, page 24, leave out lines 40 to 42 and insert—

“ “planning authority” means—

(a) a local planning authority within the meaning of that Act (see section 336(1));(b) the Secretary of State (in the exercise of functions of granting planning permission);”.

This amendment defines “planning authority” so as to include both a local planning authority (as defined by section 336(1) of the Town and Country Planning Act 1990) and the Secretary of State. This ensures that, where the Secretary of State is exercising functions in relation to the grant of planning permission, he can provide for an optional requirement to apply.

Amendment 83, page 24, line 42, at end insert—

“ “planning permission” has the same meaning as in that Act (see section 336(1)).”—(The Solicitor-General.)

This amendment is consequential on amendment 79. It defines “planning permission” as having the same meaning as in the Town and Country Planning Act 1990.

Amendment proposed: 2, page 24, line 42, at end insert—

‘(2) This section and section 31 shall not come into force until the Secretary of State has laid a Zero-Carbon Housing Strategy before both Houses of Parliament.”—(Jonathan Reynolds.)

Question put, That the amendment be made.

The House divided:

Ayes 209, Noes 272.

Division number 16 “Schedule 1a — Clause 30 — Optional building requirements

Aye: 209 MPs

No: 272 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Question accordingly negatived.