Amendments 242A to 242H

Levelling-up and Regeneration Bill - Committee (10th Day) – in the House of Lords at 2:45 pm on 20 April 2023.

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Baroness Scott of Bybrook:

Moved by Baroness Scott of Bybrook

242A: Schedule 8, page 327, line 9, at end insert—“Local Government Act 1972A1 In section 138C of the Local Government Act 1972 (application of sections 138A and 138B to other authorities), in subsections (1)(s) and (2)(c), for “an order under section 29” substitute “regulations made under section 15J”.”Member's explanatory statementThis amendment inserts an amendment to the Local Government Act 1972 which is consequential upon Schedule 7 to the Bill.

242B: Schedule 8, page 327, line 11, at end insert—“1A In section 2A (the Mayor of London: applications of potential strategic importance), in subsection (6)(aa), for “development plan document” substitute “local plan, document which is or forms part of a minerals and waste plan or supplementary plan”.1B In section 59A (development orders: permission in principle)—(a) in paragraph (b) of subsection (3)—(i) for “development plan document” substitute “local plan or supplementary plan”;(ii) for “section 37” substitute “section 15LH”;(b) after that paragraph insert—“(ba) a document which is, or forms part of, a minerals and waste plan within the meaning of Part 2 of the 2004 Act (“a minerals and waste plan document”);”(c) in subsection (5)(b), for “development plan document” substitute “local plan, minerals and waste plan document or supplementary plan”.1C In section 70(4) (determination of applications: definitions), in paragraph (l) of the definition of “relevant authority”, for “section 29” substitute “section 15J”. 1D In section 74 (directions etc as to method of dealing with applications), in subsection (1BB) for “development plan document” substitute “local plan, document which is or forms part of a minerals and waste plan or supplementary plan”.”Member's explanatory statementThis amendment inserts amendments to the Town and Country Planning Act 1990 which are consequential upon Schedule 7 to the Bill.

242C: Schedule 8, page 328, line 6, at end insert—“2A In section 306 (contributions by local authorities and statutory undertakers), in subsection (2)(ab)—(a) after “by a” insert “minerals and waste planning authority or”;(b) after “duty of” insert “minerals and waste planning authority or”.2B In section 324 (rights of entry), in subsection (1)(a), for “local development document” substitute “local plan, document which is or forms part of a minerals and waste plan or supplementary plan”.”Member's explanatory statementThis amendment inserts amendments to the Town and Country Planning Act 1990 which are consequential upon Schedule 7 to the Bill.

242D: Schedule 8, page 328, line 10, at end insert—“3A “(1) Schedule 1 (local planning authorities: distribution of functions) is amended as follows.(2) In paragraph 7, for sub-paragraph (10) substitute—“(10) A relevant county policy is a policy contained in a relevant document, plan or revision which—(a) has been submitted for independent examination under Part 2 of the 2004 Act and has not been withdrawn, or(b) has been adopted, approved or made for the purposes of that Part.(10A) In sub-paragraph (10)—(a) a “relevant document, plan or revision” means—(i) a document prepared to be, or to form part of, the county planning authority’s minerals and waste plan for the purposes of Part 2 of the 2004 Act,(ii) a revision of a document which is, or forms part of, the county planning authority’s minerals and waste plan for the purposes of that Part,(iii) a supplementary plan prepared by the county planning authority acting as a minerals and waste planning authority under that Part, or(iv) a revision of a such a supplementary plan;(b) the reference to submission of a relevant document, plan or revision for independent examination under Part 2 of the 2004 Act is to be taken to include any case where an independent examination is held under that Part.”(3) In paragraph 8(3E), in paragraph (b) of the definition of “relevant neighbourhood development plan”, for “(3)” substitute “(2A)”.(4) In paragraph 8A(2), in paragraph (b) of the definition of “relevant neighbourhood development plan”, for “(3)” substitute “(2A)”.3B In Schedule 13 (blighted land), in paragraph 1A—(a) for “development plan document”, in the first place it appears, substitute “local plan, minerals and waste plan or supplementary plan”;(b) for Note (2) substitute—“(2) For the purposes of this paragraph a local plan is a local plan, or revision of such a plan, which— (a) has been submitted for independent examination under Part 2 of the Planning and Compulsory Purchase Act 2004 (in this paragraph, “the 2004 Act”) and has not been withdrawn, or(b) has been adopted, approved or made for the purposes of that Part.(2ZA) For the purposes of this paragraph a minerals and waste plan is a document prepared to be or to form part of a minerals and waste plan, or a revision of such a document, which—(a) has been submitted for independent examination under Part 2 of the 2004 Act and has not been withdrawn, or(b) has been adopted, approved or made for the purposes of that Part.(2ZB) For the purposes of this paragraph a supplementary plan is a supplementary plan, or a revision of such a plan, which—(a) has been submitted for independent examination under Part 2 of the 2004 Act and has not been withdrawn, or(b) has been adopted, approved or made for the purposes of that Part.”;(c) omit Note (3);(d) for Note (4) substitute—“(4) In Notes (2) to (2ZB) the references to submission of a local plan, a supplementary plan, a document or a revision for independent examination under Part 2 of the 2004 Act are to be taken to include any case where an independent examination is held under that Part.””Member's explanatory statementThis amendment inserts amendments to the Town and Country Planning Act 1990 which are consequential upon Schedule 7 to the Bill.

242E: Schedule 8, page 328, line 11, at end insert—“3A GLAA 1999 is amended as follows.”Member's explanatory statementThis amendment is consequential upon the sixth amendment in the Minister’s name to Schedule 8 to the Bill.

242F: Schedule 8, page 328, line 12, leave out “of GLAA 1999”Member's explanatory statementThis amendment is consequential upon the seventh amendment in the Minister’s name to Schedule 8 to the Bill.

242G: Schedule 8, page 328, line 13, at end insert—“4A In section 346 (monitoring and data collection), in paragraph (b), for “local development documents” substitute “local plan, any document which is or forms part of a minerals and waste plan and any supplementary plans”.4B In section 347 (functional bodies to have regard to strategy)—(a) for “section 24” substitute “sections 15CA(2) and 15CC(7)”;(b) for “requires certain of a Mayoral development corporation’s documents” substitute “require local plans, minerals and waste plans and supplementary plans”.”Member's explanatory statementThis amendment inserts amendments to the Greater London Authority Act 1999 which are consequential upon Schedule 7 to the Bill.

242H: Schedule 8, page 335, line 36, at end insert—“Commons Act 2006 15 In Schedule 1A to the Commons Act 2006 (exclusion of right under section 15 of that Act (registration of greens): England), in the Table—(a) in paragraph 3 of the first column—(i) for “development plan document” substitute “local plan, a document which is to be or to form part of a minerals and waste plan or a supplementary plan”;(ii) for “section 17(7)” substitute “section 15LE(2)(g)”;(b) in paragraph (a) of the entry in the second column corresponding to paragraph 3—(i) after “The” insert “plan or”;(ii) for “under section 22(1) of the 2004 Act” substitute “under—(i) in the case of a local plan, section 15E of the 2004 Act;(ii) in the case of a document which is to be or to form part of a minerals and waste plan, section 15E of that Act (as applied by section 15CB(7) of that Act);(iii) in the case of a supplementary plan, regulations made under section 15CC(11) of that Act.”(c) for paragraph (b) of the entry in the second column corresponding to paragraph 3 substitute—“(b) The plan or document is adopted or approved under Part 2 of that Act (but see paragraph 4 of this Table).”;(d) in paragraph (c) of the entry in the second column corresponding to paragraph 3, after “which the” insert “plan or”;(e) for paragraph 4 of the first column substitute—“4 A local plan, a document which is or forms part of a minerals and waste plan or a supplementary plan, which identifies the land for potential development, is adopted or approved under Part 2 of the 2004 Act.”;(f) in paragraph (a) of the entry in the second column corresponding to paragraph 4—(i) after “The” insert “plan or”;(ii) for “section 25 of the 2004 Act” substitute “section 15G of the 2004 Act (including as applied by section 15CB(7) of that Act, in the case of a minerals and waste plan)”;(g) in paragraph (b) of the entry in the second column corresponding to paragraph 4, after “in the” insert “plan or”.Planning and Energy Act 200816 The Planning and Energy Act 2008 is amended as follows.17 (1) Section 1 (energy policies) is amended as follows.(2) In subsection (1), for “development plan documents,” substitute “local plan and any supplementary plan, a minerals and waste planning authority may in their minerals and waste plan and any supplementary plan,”.(3) After that subsection insert—“(1ZA) In relation to the minerals and waste plan or supplementary plan of a minerals and waste planning authority, references in subsection (1) to development in their area are to minerals and waste development in the relevant area.”(4) In subsection (4)—(a) in paragraph (a), for “section 19” substitute “sections 15C, 15CA and 15CC”;(b) after that paragraph insert—“(aza) sections 15CB and 15CC of that Act, in the case of a minerals and waste planning authority;” (5) In subsection (5), for “development plan documents” substitute “a local plan, a minerals and waste plan or a supplementary plan”.18 In section 2 (interpretation), for the definition of “development plan document” substitute—““local plan” , “minerals and waste development”, “minerals and waste plan”, “minerals and waste planning authority”, “relevant area” and “supplementary plan” have the same meaning as in Part 2 of the Planning and Compulsory Purchase Act 2004 (see, in particular, section 15LH of that Act);”Marine and Coastal Access Act 200919 (1) Schedule 6 to the Marine and Coastal Access Act 2009 (marine plans: preparation and adoption) is amended as follows.(2) In paragraph 1—(a) in sub-paragraph (2), after paragraph (d) insert—“(da) any minerals and waste planning authority whose relevant area adjoins or is adjacent to the marine plan area;”;(b) in sub-paragraph (3)—(i) in paragraph (a) of the definition of “local planning authority”, for “section 37” substitute “section 15LF”;(ii) after that definition insert—““minerals and waste planning authority” means an authority which is a minerals and waste planning authority for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 (see section 15LG of that Act) and “relevant area” has the meaning given by that section.”(3) In paragraph 3(6), in paragraph (a) of the definition of “development plan”, for “section 38(2) to (4)” substitute “section 38(2A) to (4)”.Waste (England and Wales) Regulations 2011 (S.I. 2011/988)20 In regulation 16(3) of the Waste (England and Wales) Regulations 2011 (general interpretation: meaning of planning authority), for sub-paragraph (b) substitute—“(ba) a local planning authority or minerals and waste planning authority for the purposes of Part 2 of the 2004 Act;”.Housing and Planning Act 201621 The Housing and Planning Act 2016 is amended as follows.22 In section 6 (starter homes: monitoring), in subsection (2), omit paragraph (c).23 In section 7 (starter homes: compliance directions), in subsection (1)(b) for “local development document” substitute “local plan, document which is or forms part of a minerals and waste plan or supplementary plan”.24 In section 8 (starter homes: interpretation), for the definition of “local development document” substitute—““local plan” , “minerals and waste plan” and “supplementary plan” have the same meaning as in Part 2 of the Planning and Compulsory Purchase Act 2004 (see, in particular, section 15LH of that Act);”Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)25 The Conservation of Habitats and Species Regulations 2017 are amended as follows.26 (1) Regulation 41 (nature conservation policy in planning contexts) is amended as follows.(2) In paragraph (1), after “of land” insert “or minerals and waste development”. (3) In paragraph (2)(a)(i)—(a) for “section 17(3)” substitute “sections 15C(3) and (4) and 15CC(3)”;(b) for “local development documents” substitute “local plans and supplementary plans made by local planning authorities”.(4) Omit the “and” at the end of paragraph (2)(a)(ii).(5) After paragraph (2)(a) insert—“(aa) in relation to minerals and waste development, sections 15CB(2) and (3) and 15CC(5) of that Act; and”27 (1) Regulation 108 (co-ordination for land use plan prepared by more than one authority) is amended as follows.(2) In paragraph (1), for the words from “prepare” to the end substitute “prepare a relevant joint plan”.(3) In paragraph (2), for “joint local development document or plan” substitute “relevant joint plan”.(4) In paragraph (3), for “joint local planning document or plan” substitute “relevant joint plan”.(5) In paragraph (5), for “joint local development document or plan” substitute “relevant joint plan”.(6) After that paragraph insert—“(6) In this regulation “relevant joint plan” means—(a) a joint spatial development strategy, joint local plan or joint supplementary plan (within the meaning of Part 2 of the 2004 Planning Act),(b) a document which is or forms part of a joint minerals and waste plan under sections 15I and 15IA of that Act (as applied by section 15CB(7) of that Act), or(c) a joint local development plan under section 72 of that Act.”28 (1) Regulation 111 (interpretation of Chapter 8 of Part 6) is amended as follows.(2) In paragraph (1)—(a) in paragraph (b) of the definition of “land use plan”—(i) for “local development document as provided for in” substitute “joint spatial development strategy, local plan, document which is or forms part of a minerals and waste plan, supplementary plan or any revision of such a plan or document under”;(ii) omit the words from “other” to the end;(b) in paragraph (a) of the definition of “plan-making authority”, after “replacement)” insert “or section 15CC of the 2004 Planning Act (supplementary plans)”;(c) in paragraph (b) of the definition of “plan-making authority” omit “or an order under section 29(2) of the 2004 Planning Act (joint committees)”;(d) after that paragraph insert—“(ba) a local planning authority or minerals and waste planning authority for the purposes of Part 2 of the 2004 Planning Act;”;(e) in paragraph (c) of the definition of “plan-making authority”, omit sub-paragraph (i);(f) after that paragraph insert—“(ca) anyone exercising powers under section 15H, 15HA or 15HB of, or Schedule A1 to, the 2004 Planning Act;”(3) In paragraph (2)—(a) for sub-paragraphs (a) and (b) substitute— “(aa) the adoption of a joint spatial development strategy under section 15AD of the 2004 Planning Act or of an alteration of such a strategy under section 15AF of that Act;(ab) the adoption or approval of a local plan, document which is or forms part of a minerals and waste plan, supplementary plan or a revision of any such document or plan under Part 2 of the 2004 Planning Act;”;(b) in sub-paragraph (c) for “publication” substitute “adoption”.”Member's explanatory statementThis amendment inserts amendments to various enactments which are consequential upon Schedule 7 to the Bill.

Amendments 242A to 242H agreed.

Amendment 242I not moved.

Schedule 8, as amended, agreed.

Sitting suspended.

Clause 95: Regard to certain heritage assets in exercise of planning functions