Neighbourhood Planning Bill — Report (1st Day) — 23 Feb 2017 at 16:00
Moved by Baroness Cumberlege
1: Before Clause 1, insert the following new Clause-“Duty to uphold neighbourhood development plans(1) In exercising functions under the Town and Country Planning Act 1990 relating to development plans, development orders, planning applications and planning appeals, the Secretary of State, or any person appointed by him to exercise such functions on his behalf, must seek to uphold any relevant neighbourhood development plan, and in fulfilment of that duty must not override the provisions in such a plan except where the land is needed in connection with a national infrastructure proposal.(2) If it is deemed necessary to override a neighbourhood development plan and require the provision of additional housing or other development, the Secretary of State must have regard to the policies of the neighbourhood development plan, in particular, policies for employment opportunities.(3) If a neighbourhood development plan has been overridden in accordance with subsection (2) it is the responsibility of the local planning authority, in consultation with the local community, to decide where it is most appropriate to provide the additional housing, and their decision must be accepted by the Secretary of State except where the land is needed in connection with a national infrastructure proposal.”
Moved by Baroness Cumberlege
2: Clause 3, page 5, line 7, at end insert-“(3C) A neighbourhood development plan may include a phasing condition on development which is agreed with the local planning authority.”
Moved by Baroness Cumberlege
3: Schedule 1, page 43, leave out lines 24 to line 8 on page 44 and insert-12_ In exercising the powers conferred by sections 61E, 61F, 61G, 61K, 61L, 61M and 71A of, and paragraphs 1, 4, 7, 8, 10, 11, 12 and 15 of Schedule 4B and paragraphs 3 and 11 of Schedule 4C to, the Town and Country Planning Act 1990, and sections 38A, 38B and 122(1) of the Planning and Compulsory Purchase Act 2004, the Secretary of State must-(a) require the local planning authority to provide the qualifying body with reasonable assistance to secure that, as far as possible, the development goals of that body can be drafted in terms that meet the basic conditions in paragraph 8(2) of Schedule 4B to the 1990 Act;(b) enable the qualifying body to brief an appointed examiner on the broad goals of the neighbourhood plan proposal, in order that the qualifying body may take into account any initial views of the examiner before submitting a final proposal to the local planning authority;(c) provide the qualifying body and the local planning authority with the opportunity to attend and contribute to any meeting called by the examiner;(d) require the examiner to-(i) provide the local planning authority and qualifying body with a draft report and recommended modifications to the draft neighbourhood plan only if necessary to secure compliance with the four basic conditions;(ii) consider any representations made by the neighbourhood plan body with a view to better achieving the goals of that body;(iii) provide a final report, taking account of the responses of the local planning authority and neighbourhood plan body to the draft report, and giving clear reasons for any points which the examiner is not minded to accept.”
Moved by Lord Beecham
5: Clause 7, page 8, line 14, at end insert- “(1CA) The development plan documents must contain references to-(a) a threshold for social and affordable housing in the area;(b) the impact of the proposals in the documents on energy efficiency in dwellings and infrastructure in the local area;(c) flood protection for the local area;(d) the impact of the proposals in the documents on air quality in the area;(e) the provision of green spaces and public leisure areas; and(f) education, health and well-being needs of the population.”
Moved by Baroness Cumberlege
6: After Clause 7, insert the following new Clause-“Planning appealsWhere an application for planning permission has been refused by the relevant local planning authority, on the grounds that it is not in accordance with adopted local development plan documents, including adopted neighbourhood plans, and the applicant appeals the planning decision, the Secretary of State must uphold the decision of the local planning authority unless it contravenes a development scheme of national importance.”
Moved by Baroness Gardner of Parkes
9: After Clause 12, insert the following new Clause-“Public consultations(1) A local planning authority must extend the length of any public consultations regarding a planning application if any public, or bank holidays fall within the consultation period by one day for each public or bank holiday.”
Moved by Baroness Parminter
10A: After Clause 12, insert the following new Clause-“New town local planning authority powersWhere a new town development corporation is established by an order under section 1 of the New Towns Act 1981 (designation of areas), on request of the local planning authority the Secretary of State must delegate to the authority the powers to appoint the board and to approve expenditure in applying the compulsory purchase provisions and subsequent development of the new town and its administration.”
Moved by Lord Kennedy of Southwark
11: Clause 13, page 13, leave out lines 26 to 33
Moved by Lord Beecham
15: Clause 13, page 14, line 5, at end insert “including in terms of sustainable development and public interest”
Moved by Lord Beecham
16: Clause 13, page 14, line 5, at end insert-“(2A) Regulations under subsection (1) may not be made in respect of the granting of planning permission for Environmental Impact Assessment development.(2B) In subsection (2A) “Environmental Impact Assessment development” has the same meaning as “EIA development” in the Town and Country Planning (Environmental Impact Assessment) Regulations 2011.”
Moved by Lord Stunell
18: Clause 13, page 14, line 5, at end insert-“(2A) No regulations shall be made under subsection (1) that would have the effect of preventing a local planning authority from requiring a condition that would otherwise be in conformity with the national planning policy framework.”
Ayes 113, Noes 107.
Party Summary
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.
What is Turnout? This is measured against the total membership of the party at the time of the vote.| Party | Majority (Content) | Minority (Not-Content) | Turnout |
| Bishop | 1 | 0 | 3.8% |
| Con | 1 | 88 (+2 tell) | 35.3% |
| Crossbench | 9 | 11 | 11.2% |
| DUP | 0 | 1 | 25.0% |
| Judge | 0 | 1 | 7.1% |
| Lab | 52 | 0 | 24.6% |
| LDem | 43 (+2 tell) | 0 | 44.1% |
| Non-affiliated | 5 | 1 | 17.1% |
| UKIP | 0 | 1 | 33.3% |
| UUP | 0 | 2 | 100.0% |
| Total: | 111 | 105 | 26.4% |
All lords Eligible to Vote - sorted by party
Includes lords who were absent (or abstained) from this vote.