So on Monday the Localism Bill was finally approved by the Commons, accepting all the amendments made in the Lords. That includes the abandonment of the requirement to hold referendums on any and everything, though they are still in place for neighbourhood development orders and specific planning provisions.
The amendment sought by the Law Society in relation to concealed breaches of planning control was also accepted, though the Government did not go far enough and there are still serious problems caused by the new law.
And the Government stood firm, rightly in my view, in not putting a definition of sustainable development on the face of the Bill. The definition is essentially a policy matter and its proper place is in policy.
So now we must see how it works out in practice. What will be the significant aspects for planning? My guess (in no particular order) is:
- The removal of limitation periods for concealed breaches of planning control
- Neighbourhood planning
- Allowing CIL to be passed down to parishes and area bodies
- The abolition of the Regional Strategies
I also wonder whether, with the abolition of the Infrastructure Planning Commission and the return of decision making on nationally significant infrastructure projects to ministers, we will actually get as may new nuclear power stations as quickly. Happily that is something we will never be able to tell.
Roll on Royal Assent.
Is that so? The parliament.uk website still has it in ping pong. Some parts come into force immediately, some within two months, and commencement orders are needed for the rest. One section comes into force “the day after the day on which this act is passed”.
Many thanks. It appears that Royal Assent was achieved at 2:30 today. Does that mean the Bill is now law or was there a Commencement Order?
David,
Thanks for the update. Can you direct me to the latest/final wording for Clause 109 (originally Clause 104)- concealed breaches of planning control? I would be very interested to see where they landed on that.
Many thanks,
Adam
Quod
Try this link – http://www.publications.parliament.uk/pa/bills/lbill/2010-2012/0100/lbill_2010-20120100_en_1.htm – for the latest version of the Bill I can find on the parliament.uk website. It’s the version at the end of the HL report stage. I am puzzled however by the website as it says the Bill is still in ping-pong between the two Houses. Maybe it’s just that they can’t find Her Majesty with a pen at the moment.