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The Localism Bill will devolve powers to councils and neighbourhoods and aims to give local communities more control over housing and planning decisions. It includes measures to reform the planning system, the provision of housing and a range of local authority governance issues. The Bill will abolish Regional Spatial Strategies (which set a regional-level planning framework for England) and will establish neighbourhood plans and neighbourhood development orders, by which it is intended that communities will be able to influence council policies and development in their neighbourhoods. The Government intends to introduce a 'presumption in favour of sustainable development' as set out in the Conservative Party's 2010 Green Paper 'Open Source Planning' and then in the Coalition Agreement. The presumption does not feature in the Localism Bill, although it will be included in a new National Planning Policy Framework. Evidence taken by the Committee highlighted a number of potential risks with the proposed reforms. These included: fairness in influencing neighbourhood development; monitoring the cumulative impacts of locally determined planning decisions; and the application of sustainability and climate change duties to neighbourhood planning. The Committee feels that the Localism Bill must provide a statutory duty to apply the principles of sustainability in the planning system and other functions of local government and provide a commitment to define the term 'sustainable development' in the planning context. This would include in the Bill the five internationally recognised principles of sustainable development as set out in the 2005 Sustainable Development Strategy. This should then be developed for the National Planning Policy Framework
Brought from the Commons on 19 May 2011. Explanatory notes to the Bill, prepared by the Department for Communities and Local Government, are published separately as HL Bill 71-EN (ISBN 9780108461187)
Localism Bill : (as amended in Public Bill Committee)
Sustainable development in the National Planning Policy Framework : Oral and written evidence, Wednesday 12 October 2011, Neil Sinden, Campaign to Protect Rural England, Peter Nixon, National Trust, Dr Hugh Ellis, Town and Country Planning Association, Na
Government response to HC 504, session 2010-11 (ISBN 9780215555816)
This book contains a collection of peer-reviewed papers presented at the Eleventh Biennial Modern Studies in Property Law Conference held at Queen's University Belfast in April 2016. It is the ninth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Following a foreword from the keynote speaker at the Conference, Queen's alumnus Lord Kerr of Tonaghmore, the chapters address a range of issues, from the nature of land law and property rights, through claims to the home and digital assets, to the growing debate on the nature of public property. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.
Funding of the Sustainable Development Commission (SDC) will cease at the end of March 2011, and Defra's capability and presence to improve the sustainability of Government will be increased. Whilst regretting the Government's decision to stop funding the SDC, the Committee sees an opportunity to reassess and revitalise the architecture for delivering sustainable development. The experience of SDC's work within Government departments to improve their sustainability skills and performance is at risk of being lost, so the Government must ensure that this knowledge and expertise is absorbed by departments. Sustainable development needs to be driven from the centre of Government by a Minister and department with Whitehall-wide influence. They must be capable of holding all departments to account for their sustainable development performance. The Committee does not think Defra is best placed to lead this drive, and recommends that the Cabinet Office assume this role. And the Treasury could use its position to continue to develop 'sustainability reporting' by departments, strengthen the system of impact assessments and the 'Green Book' investment appraisal methodology for policy-making, and embed the results of the Government Economic Service review of the economics of sustainability and environmental valuation into those impact assessments and appraisals. Greater political leadership from the top should be brought to bear. The Government must introduce a full set of indicators to measure sustainable development that can be used to develop policy and must provide a new strategic underpinning for its commitment to sustainable development as an overarching goal of Government policy-making.
Royal assent, 15 November 2011. An Act to make provision about the functions and procedures of local and certain other authorities; to make provision about the functions of the Commission for Local Administration in England; to enable the recovery of financial sanctions imposed by the Court of Justice of the European Union on the United Kingdom from local and public authorities; to make provision about local government finance; to make provision about town and country planning, the Community Infrastructure Levy and the authorisation of nationally significant infrastructure projects; to make provision about social and other housing; to make provision about regeneration in London. Explanatory notes to assist in the understanding of this Act are available separately (ISBN 9780105620112)
This report recommends that a default answer of 'yes' to development should be removed from the National Planning Policy Framework (NPFF). The phrase 'significantly and demonstrably' must also be removed from the presumption that all planning applications should be approved unless the adverse effects 'significantly and demonstrably' outweigh the benefits, because it adds a further barrier to the achievement of truly sustainable development. The definition of 'sustainable development' is inadequate and often conflated with 'sustainable economic growth'. The framework gives the impression that greater emphasis should be given in planning decisions to economic growth, undermining the equally important environmental and social elements of the planning system. The NPPF should require local planning decisions to be taken in accordance with the presumption in favour of sustainable development consistent with Local Plans. It is unacceptable that so many parts of England have yet to develop and adopt a new Local Plan. Clarity within the NPPF has suffered in the pursuit of brevity. Inconsistent drafting could create gaps in planning policy or guidance that could lead to a huge expansion in the size of Local Plans - as local authorities attempt to plug those gaps. The test for 'viability', as currently worded, risks allowing unsustainable developments to go ahead if measures to make them sustainable are deemed to make them unviable for the developer. MPs also call for a sensible transition period to give local authorities time to put Local Plans in place where they have not already done so.
On cover and title page: House, committees of the whole House, general committees and select committees