Moved by
Baroness Scott of Bybrook
285B: After Clause 123, insert the following new Clause—
“Participation in certain proceedings conducted by, or on behalf of, the Secretary of State
(1) The Secretary of State may, to the extent not otherwise able to do so, require or permit a person who takes part in relevant proceedings conducted by the Secretary of State to do so (wholly or partly) remotely.
(2) The references in subsection (1) to the Secretary of State include references to a person appointed by the Secretary of State.
(3) “Relevant proceedings” means any inquiry, hearing, examination, meeting or other proceedings under an Act (whenever passed or made) which relate to planning, development or the compulsory purchase of land.
(4) Relevant proceedings include, in particular—
(a) any proceedings to which section 319A of TCPA 1990 applies (see subsections (7) to (10) of that section);
(b) any proceedings under section 20 of, or paragraph 6 of Schedule 3 to, the Planning (Listed Buildings and Conservation Areas) Act 1990;
(c) any proceedings under section 21 of, or paragraph 6 of the Schedule to, the Planning (Hazardous Substances) Act 1990;
(d) any proceedings under section 13A of, or paragraph 4A of Schedule 1 to, the Acquisition of Land Act 1981;
(e) any proceedings under Part 10A or Part 11 of the Planning Act 2008;
(f) an examination under Part 2 of PCPA 2004;
(g) an examination under Chapter 2 or 3 of Part 6 of the Planning Act 2008 (including any meetings under Chapter 4 of that Part) in relation to an application for an order granting development consent;
(h) an examination under Schedule 4B to the TCPA 1990 in relation to a draft neighbourhood development order.
(5) For the purposes of this section a person takes part in relevant proceedings remotely if they take part through—
(a) a live telephone link,
(b) a live television link, or
(c) any other arrangement which does not involve the person attending the proceedings in person.”
Member’s explanatory statement
This amendment inserts a new Clause into Chapter 6 of Part 3 of the Bill. The Clause confers a power on the Secretary of State to require or permit a person who takes part in certain proceedings relating to planning, development or the compulsory purchase of land to do so wholly or partly remotely. The power can be exercised by a person appointed by the Secretary of State and it is intended that the Planning Inspectorate will be appointed for this purpose.
285C: After Clause 123, insert the following new Clause—
“Power of certain bodies to charge fees for advice in relation to applications under the planning Acts
After section 303ZA of the TCPA 1990 (fees for appeals) insert—
“303ZB Power of certain bodies to charge fees for advice in relation to applications under the planning Acts
(1) A prescribed body may charge fees for the provision of advice, information or assistance (including the provision of a response to a consultation) in connection with an application within subsection (2) that relates to land in England.
(2) An application is within this subsection if it is an application, proposed application or proposal for a permission, approval or consent under, or for the purposes of, the planning Acts.
(3) A prescribed body may not charge fees under subsection (1) in respect of—
(a) a response to a consultation that a qualifying neighbourhood body is required to carry out under an enactment;
(b) the provision of advice, information or assistance to an excluded person, unless the advice, information or assistance is provided in connection with an application within subsection (2) by that person;
(c) the provision of prescribed advice, information or assistance or advice, information or assistance of a prescribed description.
(4) In subsection (3)(a), a “qualifying neighbourhood body” means—
(a) a qualifying body within the meaning given by section 61E(6) (and includes a community organisation which is to be regarded as such a qualifying body by virtue of paragraph 4(2) of Schedule 4C), or
(b) a qualifying body within the meaning given by section 38A(12) of the Planning and Compulsory Purchase Act 2004.
(5) In subsection (3)(b), an “excluded person” means—
(a) the Secretary of State;
(b) the Mayor of London;
(c) a local planning authority;
(d) a mayoral combined authority (within the meaning given in section 107A of the Local Democracy, Economic Development and Construction Act 2009).
(6) A prescribed body may charge fees under subsection (1) only in accordance with a statement published on its website which—
(a) describes the advice, information or assistance in respect of which fees are charged,
(b) sets out the fees (or, if applicable, the method by which the fees are to be calculated), and
(c) refers to any provision in an enactment pursuant to which the advice, information or assistance is provided.
(7) Subsections (8) and (9) apply where a prescribed body decides to charge fees under subsection (1) for advice, information or assistance which the body provides pursuant to a provision in an enactment.
(8) If a person fails to pay the fee charged under subsection (1), the prescribed body may, notwithstanding any requirement to provide the advice, information or assistance, withhold the advice, information or assistance until the fee is paid.
(9) The prescribed body must secure that, taking one financial year with another, the income from the fees charged under subsection (1) does not exceed the cost of providing the advice, information or assistance.
(10) A financial year is the period of 12 months beginning with 1 April.
(11) Before making regulations under this section, the Secretary of State must consult—
(a) any body likely to be affected by the regulations, and
(b) such other persons as the Secretary of State considers appropriate.
(12) In this section, “fees” include charges (however described).””
Member’s explanatory statement
This amendment inserts a new section 303ZB into the Town and Country Planning Act 1990 which provides a power for certain bodies to charge fees for the provision of advice, information or assistance in connection with applications for a permission, approval or consent under the planning Acts in relation to land in England.