I have a number of amendments in this group. Amendments Nos. 438S and 442ZE tackle a problem, but in two ways. The Bill provides no certainty that new infrastructure will be delivered, nor does it outline possible consequences for local authorities that do the wrong thing in relation to the delivery of infrastructure. If a levy is collected in good faith for infrastructure, there needs to be a requirement that it is appropriately spent for the intended purpose. We all want to ensure that timely delivery is included to ensure that no local authority can stockpile funds for an unreasonable period. That is why Amendment No. 438S states that the local authority must spend the money within three years of its receipt. Amendment No. 442ZE is a slightly more subtle way of going about that, and requires the local authority to be transparent about how it handles the funds.
I shall not speak to Amendment No. 442ZA, because we have covered that point. On my Amendments Nos. 442ZB, 442ZC and 442ZD, I ask the Minister why there should be regulations to allow CIL to be used to reimburse expenditure already incurred. Surely, if we look ahead to what a local authority wants, why should it be reimbursed for what it has already done? Similarly, why should a regulation permit CIL to be used for administrative expenses? If we are trying to deal with infrastructure, why should the administrative expenses of the local authority be covered by CIL? That would be an abuse. That is why I have specifically proposed that those two provisions not be included in regulations.
I have also tabled Amendments Nos. 442ZF and 442ZG. They are about repayment of money. The Bill states that money can be repaid if there is an overpayment with or without interest. That is quite wrong; if there is an overpayment, I have proposed that it should be paid with interest at the rate of 3 per cent above the Bank of England base rate. My position is not fixed regarding the final half of that amendment, as long as we receive an assurance that the repayment will be made with interest, otherwise the local authority could be hanging on to money which does not belong to it.
My final amendment is Amendment No. 442ZH. It removes subsection (6). I think it pleases my noble friend Lord Jenkin of Roding because it relates to tax. I thought that because the clause relates to tax, it is better out of the Bill.
Planning Bill
Proceeding contribution from
Earl of Caithness
(Conservative)
in the House of Lords on Thursday, 23 October 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Planning Bill.
About this proceeding contribution
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2007-08Chamber / Committee
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