moved Amendment No. 88A:
88A: After Clause 32, insert the following new Clause—
““Local planning authorities to enforce planning obligations
(1) Section 2D of TCPA is amended as follows.
(2) In subsection (5) for ““application—”” and paragraphs (a) to (b) substitute ““application is enforceable by the local planning authority””.
(3) Section 33 of the GLA Act 1999 is amended as follows.
(4) Omit subsections (2), (3) and (5).
(5) In subsection (4) for ““to the Mayor of London”” substitute ““an additional copy shall be sent to the Mayor of London””.
The noble Baroness said: My Lords, this brings us back to our more usual path. I am, initially at least, seeking clarity from the Minister. At the moment, the Mayor can decide whether planning obligations are due and can enforce the obligations himself. The new clause that amends Section 106 of the Town and Country Planning Act 1990 gives the Mayor wide-ranging powers to detail the obligations needed and to allocate and manage the money needed to carry them out. The provisions in the Bill for the Mayor to consult local boroughs are deeply inappropriate. The Mayor would be able simply to consult the local authorities, to state in a report buried deep in the files that he has taken account of what they have said, and to plough on regardless. There is no duty to take account of the local authorities’ input in the decision.
Amendment No. 88A ensures that where the Mayor makes a decision on a planning application, he would have to relinquish to the local authorities the management of those obligations. It proposes a new clause that amends new Section 2D of the Town and Country Planning Act and what would be new Section 33 of this Bill. It ensures that the payment of sums, the enforcement of planning obligations and the charging on land of expenses recoverable would be carried out by the local planning authority. This would ensure that where obligations need to be fulfilled, local authorities will be best placed to monitor progress and ensure completion. Above all, the amendment ensures transparency in the decision process by holding the Mayor to account for ensuring that all decisions taken go back to the local authorities of the areas that they affect. I beg to move.
Greater London Authority Bill
Proceeding contribution from
Baroness Hanham
(Conservative)
in the House of Lords on Tuesday, 26 June 2007.
It occurred during Debate on bills on Greater London Authority Bill.
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2006-07Chamber / Committee
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