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.

Debate in Parliament |

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All Votes Cast - sorted by party

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NamePartyVote
The Archbishop of YorkBishopaye
Baroness Cumberlege Conaye
Baroness Altmann Conno
Baroness Anelay of St JohnsCon (front bench)no
Lord Arbuthnot of EdromConno
Lord Ashton of HydeCon (front bench)no
Lord Astor of HeverConno
Lord Bates Con (front bench)no
Lord Bell Conno
Baroness Berridge Con (front bench)no
Baroness Bertin Conno
Lord Blencathra Conno
Baroness Bloomfield of Hinton WaldristConno
Lord Borwick Con (front bench)no
Lord Bourne of AberystwythCon (front bench)no
Baroness Brady Conno
Viscount Bridgeman Con (front bench)no
Lord Bridges of HeadleyCon (front bench)no
Lord Brougham and Vaux Con (front bench)no
Baroness Buscombe Con (front bench)no
Baroness Byford Conno
Lord Caine Conno
The Earl of CaithnessCon (front bench)no
Lord Callanan Con (front bench)no
Lord Cavendish of FurnessConno
Lord Cope of BerkeleyCon (front bench)no
Lord Cormack Con (front bench)no
The Earl of CourtownCon (front bench)tellno
Baroness Couttie Conno
Lord Crathorne Conno
Lord de Mauley Con (front bench)no
Lord Elton Con (front bench)no
Baroness Evans of Bowes ParkCon (front bench)no
Baroness Fall Conno
Baroness Finn Conno
Baroness Fookes Con (front bench)no
Lord Forsyth of DrumleanCon (front bench)no
Lord Framlingham Conno
Lord Fraser of CorriegarthConno
Lord Freeman Conno
Lord Gadhia Conno
Lord Gardiner of KimbleCon (front bench)no
Baroness Gardner of ParkesConno
Lord Gilbert of PantegCon (front bench)no
Lord Glenarthur Con (front bench)no
Lord Gold Conno
Baroness Goldie Con (front bench)no
Lord Goodlad Con (front bench)no
Lord Hamilton of EpsomCon (front bench)no
Lord Hodgson of Astley AbbottsCon (front bench)no
Lord Holmes of RichmondConno
Baroness Hooper Con (front bench)no
Lord James of BlackheathConno
Baroness Jenkin of KenningtonConno
Lord Keen of ElieCon (front bench)no
Lord Lamont of LerwickCon (front bench)no
Lord Lang of MonktonCon (front bench)no
Lord Lansley Con (front bench)no
Lord Leigh of HurleyCon (front bench)no
Lord Lexden Con (front bench)no
Lord Mackay of ClashfernConno
Baroness Manzoor Conno
Lord Marlesford Conno
Lord Maude of HorshamConno
Baroness McIntosh of PickeringConno
Baroness Mobarik Con (front bench)no
Baroness Morris of BoltonCon (front bench)no
Baroness Neville-Rolfe Con (front bench)no
Baroness Newlove Con (front bench)no
Baroness O'Cathain Con (front bench)no
Lord O'Shaughnessy Con (front bench)no
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Lord Porter of SpaldingConno
Baroness Redfern Conno
Viscount Ridley Con (front bench)no
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Baroness Seccombe Con (front bench)no
Lord Sheikh Con (front bench)no
Lord Sherbourne of DidsburyCon (front bench)no
Baroness Shields Con (front bench)no
Lord Shinkwin Conno
Lord Skelmersdale Con (front bench)no
Lord Smith of HindheadConno
Baroness Stedman-Scott Con (front bench)no
Baroness Stowell of BeestonConno
Lord Strathclyde Conno
Baroness Stroud Conno
Lord Swinfen Con (front bench)no
Lord Taylor of HolbeachCon (front bench)tellno
Lord Wasserman Conno
Baroness Wheatcroft Con (front bench)no
Lord Young of CookhamCon (front bench)no
Viscount Younger of LeckieCon (front bench)no
Lord Alton of LiverpoolCrossbenchaye
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Lord Low of DalstonCrossbench (front bench)aye
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Lord Birt Crossbenchno
Viscount Colville of CulrossCrossbenchno
Baroness Cox Crossbenchno
Viscount Craigavon Crossbenchno
Lord Lisvane Crossbench (front bench)no
Lord Mawson Crossbench (front bench)no
Lord Palmer Crossbench (front bench)no
Lord Patel Crossbench (front bench)no
Lord Powell of BayswaterCrossbench (front bench)no
Viscount Slim Crossbenchno
Lord Browne of BelmontDUPno
Baroness Tonge Independent Liberal Democrataye
Lord Hope of CraigheadJudge (front bench)no
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Lord Foulkes of CumnockLab (minister)aye
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Lord Howarth of NewportLabaye
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Lord Hutton of FurnessLabaye
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Baroness Wheeler Lab (minister)aye
Lord Williams of ElvelLab (minister)aye
Baroness Young of Old SconeLab (minister)aye
Lord Addington LDem (front bench)aye
Baroness Bakewell of Hardington MandevilleLDem (front bench)aye
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Lord Lee of TraffordLDemaye
Baroness Ludford LDem (front bench)aye
Lord Maclennan of RogartLDem (front bench)aye
Baroness Maddock LDem (front bench)aye
Lord Newby LDem (front bench)aye
Baroness Northover LDem (front bench)aye
Lord Paddick LDem (front bench)aye
Lord Palmer of Childs HillLDemaye
Baroness Parminter LDem (front bench)aye
Baroness Pinnock LDem (front bench)aye
Lord Purvis of TweedLDem (front bench)aye
Lord Rennard LDemaye
Lord Roberts of LlandudnoLDemaye
Baroness Scott of Needham MarketLDem (front bench)aye
Lord Shipley LDemaye
Lord Shutt of GreetlandLDem (front bench)aye
Lord Stoneham of DroxfordLDem (front bench)tellaye
Lord Storey LDem (front bench)aye
Lord Stunell LDemaye
Lord Taverne LDemaye
Lord Teverson LDem (front bench)aye
Lord Thomas of GresfordLDem (front bench)aye
Viscount Thurso LDemaye
Lord Tope LDemtellaye
Lord Wallace of SaltaireLDemaye
Lord Wallace of TankernessLDemaye
Baroness Walmsley LDem (front bench)aye
Lord Dykes LDemno
Lord Ahmed Non-affiliatedaye
Lord Bhatia Non-affiliatedaye
Lord Hussain Non-affiliatedaye
Lord Truscott Non-affiliatedaye
Baroness Uddin Non-affiliatedaye
Lord Pearson of RannochUKIPno
Lord Empey UUPno
Lord Rogan UUPno

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