Moved by
Baroness Scott of Bybrook
72: Schedule 12, page 410, line 32, leave out “have regard”
Member's explanatory statement
This amendment, taken together with the amendments to Schedule 12 in the Minister’s name at lines 34 and 38 on page 410, change the duty in subsection (2) of new section 204G of the Planning Act 2008 from one of having regard to the desirability of ensuring that the level of affordable housing funding provided by developers is maintained to one of having to seek to ensure that level can be maintained.
73: Schedule 12, page 410, line 34, leave out “to the desirability of ensuring” and insert “seek to ensure”
Member's explanatory statement
This amendment, taken together with the amendments to Schedule 12 in the Minister’s name at lines 32 and 38 on page 410, change the duty in subsection (2) of new section 204G of the Planning Act 2008 from one of having regard to the desirability of ensuring that the level of affordable housing funding provided by developers is maintained to one of having to seek to ensure that level can be maintained.
74: Schedule 12, page 410, line 37, leave out “the funding provided by the developers” and insert “funding provided by developers of affordable housing provided in the authority’s area”
Member's explanatory statement
This amendment makes it clear that the funding referred to in paragraph (b) of new section 204G(2) of the Planning Act 2008 is funding of affordable housing provided in the charging authority’s area.
75: Schedule 12, page 410, line 38, leave out first “is” and insert “can be”
Member's explanatory statement
This amendment, taken together with the amendments to Schedule 12 in the Minister’s name at lines 32 and 34 on page 410, change the duty in subsection (2) of new section 204G of the Planning Act 2008 from one of having regard to the desirability of ensuring that the level of affordable housing funding provided by developers is maintained to one of having to seek to ensure that level can be maintained.
76: Schedule 12, page 410, line 40, at end insert—
“(2A) Subsection (2) does not apply if the charging authority considers that complying with it would make development of the authority’s area economically unviable.
(2B) The references in subsection (2) to the funding of affordable housing by developers are to its funding by developers through IL or by any other means.”
Member's explanatory statement
This amendment disapplies the duty in new section 204G(2) of the Planning Act 2008 where the charging authority considers that complying with it would make development of the authority’s area economically unviable. It also makes it clear that the references to the funding of affordable housing in that duty include funding by means other than infrastructure levy.