New Clause 43 — Processing of planning applications by alternative providers

Housing and Planning Bill (Programme) (No. 2) – in the House of Commons at 1:30 am on 5 January 2016.

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‘(1) The Secretary of State may by regulations make provision for a planning application that falls to be determined by a specified local planning authority in England to be processed, if the applicant so chooses, not by that authority but by a designated person.

(2) The regulations must provide that the option to have a planning application processed by a designated person—

(a) does not affect a local planning authority’s responsibility for determining planning applications, and

(b) applies only until a specified date.

(3) The regulations may provide that—

(a) they apply only to planning applications for development of a specified description;

(b) designations of persons by the Secretary of State (see subsection (7)) may be made so as to apply only in relation to planning applications for development of a specified description.

(4) The regulations may—

(a) apply or disapply, in relation to England, any enactment about planning;

(b) modify the effect of any such enactment in relation to England.

(5) Sections (Regulations under section (Processing of planning applications by alternative providers): general) to (Regulations under section (Processing of planning applications by alternative providers): information), which set out matters that may be included in regulations under this section, do not limit the power in section 142(5) (to make supplementary provision etc).

(6) For the purposes of this group of sections (that is, this section and sections (Regulations under section (Processing of planning applications by alternative providers): general) to (Regulations under section (Processing of planning applications by alternative providers): information)), processing a planning application means taking any action in relation to the application (other than determining it) of a kind that—

(a) might otherwise be taken by or for the responsible planning authority, and

(b) is specified in the regulations.

(7) In this group of sections “designated person” means a person—

(a) who is designated by the Secretary of State in accordance with the regulations, and

(b) whose designation has not been withdrawn in accordance with the regulations.

The Secretary of State may designate a local planning authority.

(8) In this group of sections—

“local planning authority” has the same meaning as in the Town and Country Planning Act 1990;

“planning application” means an application for planning permission under Part 3 of that Act;

“responsible planning authority”, in relation to a planning application, means the local planning authority responsible for determining the application;

“specified” means specified in regulations under this section.” —(Brandon Lewis.)

This new clause would give the Secretary of State the power, by regulations, to introduce pilot schemes for competition in the processing (but not the determining) of applications for planning permission.

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