Planning Bill

moved Amendments Nos. 438M to 438Q: 438M: After Clause 201, insert the following new Clause— ““Charging schedule: examination (1) Before approving a charging schedule a charging authority must appoint a person (““the examiner””) to examine a draft. (2) The charging authority must appoint someone who, in the opinion of the authority— (a) is independent of the charging authority, and (b) has appropriate qualifications and experience. (3) The charging authority may, with the agreement of the examiner, appoint persons to assist the examiner. (4) The draft submitted to the examiner must be accompanied by a declaration (approved under subsection (5) or (6))— (a) that the charging authority has complied with the requirements of this Part and CIL regulations (including the requirements to have regard to the matters listed in section 201(2) to (4)), (b) that the charging authority has used appropriate available evidence to inform the draft charging schedule, and (c) dealing with any other matter prescribed by CIL regulations. (5) A charging authority (other than the Mayor of London) must approve the declaration— (a) at a meeting of the authority, and (b) by a majority of votes of members present. (6) The Mayor of London must approve the declaration personally. (7) The examiner must consider the matters listed in subsection (4) and— (a) recommend that the draft charging schedule be approved, rejected or approved with specified modifications, and (b) give reasons for the recommendations. (8) The charging authority must publish the recommendations and reasons. (9) CIL regulations must require a charging authority to allow anyone who makes representations about a draft charging schedule to be heard by the examiner; and the regulations may make provision about timing and procedure. (10) The charging authority may withdraw a draft.”” 438N: After Clause 201, insert the following new Clause— ““Charging schedule: approval (1) A charging authority may approve a charging schedule only— (a) if the examiner under section (Charging schedule: examination) has recommended approval, and (b) subject to any modifications recommended by the examiner. (2) A charging authority (other than the Mayor of London) must approve a charging schedule— (a) at a meeting of the authority, and (b) by a majority of votes of members present. (3) The Mayor of London must approve a charging schedule personally.”” 438P: After Clause 201, insert the following new Clause— ““Charging schedule: effect (1) A charging schedule approved under section (Charging schedule: approval) may not take effect before it is published by the charging authority. (2) CIL regulations may make provision about publication of a charging schedule after approval. (3) A charging authority may determine that a charging schedule is to cease to have effect. (4) CIL regulations may provide that a charging authority may only make a determination under subsection (3) in circumstances specified by the regulations. (5) A charging authority (other than the Mayor of London) must make a determination under subsection (3)— (a) at a meeting of the authority, and (b) by a majority of votes of members present. (6) The Mayor of London must make a determination under subsection (3) personally.”” 438Q: After Clause 201, insert the following new Clause— ““Appeals (1) CIL regulations must provide for a right of appeal on a question of fact in relation to the application of methods for calculating CIL to a person appointed by the Commissioners for Her Majesty’s Revenue and Customs. (2) The regulations must require that the person appointed under subsection (1) is— (a) a valuation officer appointed under section 61 of the Local Government Finance Act 1988 (c.41), or (b) a district valuer within the meaning of section 622 of the Housing Act 1985 (c.68). (3) The regulations may, in particular, make provision about— (a) the period within which the right of appeal may be exercised, (b) the procedure on an appeal, and (c) the payment of fees, and award of costs, in relation to an appeal.”” On Question, amendments agreed to. Clause 202 [Application]: