Greater London Authority Bill

My Lords, these issues are quite technical. I will do my best to clarify them, but I may revert to writing to the noble Baroness if she feels that I have not addressed the point. In fact, I have a note that says, ““Promise to write””. I will certainly do that. Amendment No. 90 would amend Clause 34, which amends Section 106A of the Town and Country Planning Act 1990 on applications to modify or discharge planning obligations. The amendment would require the Mayor to have due regard to the views of the borough, which would have decided the application if the Mayor had not taken it over, before he decides not to agree to modify or discharge an obligation. I understand the intention behind the amendment. It is clearly important that the Mayor should take account of the views of the local authority in considering whether to modify or discharge an obligation that he has been responsible for agreeing. That is why we set out in Clause 34(4) proposed new Section 106A(12), which requires the Mayor to consult the local planning authority before he exercises any function under Section 106A. Our wording requires the Mayor to consult the borough before he decides whether to agree to modify or discharge an obligation, as in either case he is exercising a function under Section 106A. That addresses the point made by the noble Baroness about the negative power. Therefore, our wording achieves the position that she has sought in her amendment. I hope that that reassures her and that she will not press the amendment further. Amendment No. 89 would amend Clause 33 to require the Mayor to pass all sums due under a planning obligation to the borough that would have been the local planning authority if the Mayor had not taken over the decision whether to accept a planning application. This would not be of much benefit, but it would certainly bring confusion and delay. Given that the purpose of planning obligations is to mitigate the harm caused by planning proposals, the logic is obviously that the responsibility for negotiating them with developers should lie with whoever is responsible for determining the planning application, whether that is the borough or the Mayor. Without that responsibility, the decision-maker could not be sure that a proposal was acceptable in planning terms such that planning permission could be granted. The obligation would therefore depend on individual circumstances. As we know, the mitigation could be that money, land, an urban open space or improvements to the strategic road network should be provided. The amount and timing of the funding for the mitigation will be clearly set out in the terms of the planning obligation. It is the responsibility of the local planning authority, whether that is the Mayor or the borough, to distribute any sums due under an obligation in accordance with the terms of the agreement. Therefore, if the obligation requires a financial contribution towards the provision of an open space, to be provided by the borough, clearly the borough must receive the funds and carry out the work, irrespective of whether the money initially went to the Mayor as the local planning authority. Consequently, if the obligation requires funds to be made available to carry out improvements to the strategic road network under the control of TfL, the relevant funds would be passed to TfL, as that is the body that carries out the works. Nothing is to be gained by requiring the Mayor to pass all sums due under a planning obligation to the borough, irrespective of whom the sums are due to under the terms of the planning obligation. The amendment would simply add delay while money is moved from the Mayor to the borough before being passed to another party. I suspect that the noble Baroness was actually asking a slightly different and slightly more detailed question, so, with her leave, I will read what she said about her amendment and will certainly write to her with further detail and clarification if I can.