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Localism Bill overcomes Commons hurdle

The Localism Bill completed its journey in the House of Commons last week, when it received its Report Stage and Third Reading and MPs voted to send it on to the Lords.

It will now undergo the same process in Parliament's upper Chamber, beginning with its second reading on Tuesday 7 June 2011.

Speaking during the debate, Greg Clark, minister for decentralisation, also confirmed that the draft National Planning Policy Framework (NPPF) will be published in July.

On the first of a two-day debate, MPs wrestled for speaking time and the debate had to be cut short on at least two occasions as the Commons struggled to get through several hundred tabled amendments, many by the Government itself. As Barbara Keeley (Lab) wryly noted, "the Government have tabled 234 new clauses and amendments, which is more than the number of clauses in the original Bill".

The last hour and a half on the first day was spent considering planning matters, including the Government's new proposals to allow local authorities to have regard to local finance considerations as material considerations. The controversial new clause 15 was approved, though the debate continues as to whether it is just a way of "buying" a planning permission.

Defending the measure, Mr Clark pointed out that it was only local finance matters relevant to planning considerations that could be taken into account, and that the law was not being changed in a "stealthy way in which to introduce a new basis for planning policy".

Nick Raynsford (Lab) criticised the policy though, arguing that it altered "the presumption that planning permission cannot be bought and sold" and was "an extremely dangerous move". Mr Clark rejected this though, arguing that "the measure simply clarifies that if payments other than Section 106 payments can be used for matters that are material to the application, it is legitimate to take them into account." It could be assumed that this will likely include the Community Infrastructure Levy and possibly even the New Homes Bonus.

Mrs Keeley used the opportunity at the Third Reading to again criticise the measure, arguing that it posed a threat to the integrity of the planning system as it meant that planning decisions were effectively "for sale". The debate is likely to rumble on through to the House of Lords.

The Government's proposed changes to neighbourhood planning also received the green light, including allowing businesses to get involved in neighbourhood forums. Mr Clark said that businesses should be involved as "any conception of a neighbourhood... must reflect the fact that sometimes the people who have the interests of the community most at heart and who most epitomise the community are those who run businesses, because they are at the heart of the community".

Amendments rejected by MPs included Labour's attempt to get a retail diversity scheme included in the Local Development Scheme and the various attempts from all sides of the House to get a definition of sustainable development included within the Bill, which Mr Clark reiterated would be included in the forthcoming National Planning Policy Framework, now expected to be published in July.

Attempts to include a community right of appeal were also vetoed, as the Government declared itself keen to move away from a system of planning by development control, which it believes would lead to fewer appeals to the Planning Inspectorate. Mr Clark said that plans would become more prominent and "sovereign", so that they become the determinant of planning applications, negating the need for an appeal.

Stephen Gilbert (Lib Dem), referring to his attempt to ensure such a clause was included in the Bill, said that he and others were keen to see work proceed to ensure that developers "no longer have the whip hand on planning applications".

The House of Lords awaits.

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