Government Privitises Development Management (and Consultants Get to Choose who Writes the Report)

Astonishing new clause in Housing and Planning Bill laid three days before xmas- the consultant gets the fee and thier is even a clause to require the LPA to pay the bill

Parliamentary Star

To move the following Clause—

“Regulations under section (Processing of planning applications by alternative

providers): general

(1)

Regulations under section (Processing of planning applications by alternative

providers) may make provision—

(a)

requiring a designated person to process a planning application, except in

specified circumstances, if chosen to do so by an applicant;

(b)

allowing a responsible planning authority to take over the processing of

a planning application from a designated person in specified

circumstances.

(2)

The regulations may make provision about—

(a)

eligibility to act as a designated person;

(b)

the capacity of a local planning authority to act as a designated person;

(c)

actions to be taken or procedures to be followed—

(i)

by persons making planning applications,

(ii)

by designated persons, or

(iii)

by responsible planning authorities,

and periods within which the actions or procedures are to be taken or

followed;

(d)

matters to be considered by designated persons or responsible planning

authorities;

(e)

performance standards for designated persons;

(f)

the investigation of complaints or concerns about designated persons;

(g)

the circumstances in which, and the extent to which, any advice provided

by a designated person to a person making a planning application is

binding—

(i)

on the responsible planning authority, or

(ii)

on designated persons other than the one providing the advice;

(h)

cases where a person ceases to be a designated person or where a

designated person is unable to continue processing a planning

application.

(3)

The provision that may be made under subsection (2)(c) includes provision

requiring a designated person to provide assistance to the responsible planning

authority in connection with—

(a)

any appeal against the authority’s determination of the application;

(b)

any application to the court made in relation to that determination.

(4)

The provision that may be made under subsection (2)(f) includes—

(a)

provision about the payment of compensation;

(b)

provision for a designated person to be required to indemnify the

responsible authority for any compensation that the authority is required

to pay;


Notices of Amendments: 17 December 2015

53

Housing and Planning Bill, continued

(c)

provision applying anything in Part 3 of the Local Government Act 1974

(local government administration) with or without modifications.

(5)

The regulations may confer powers on the Mayor of London or the Secretary of

State in cases where a direction is given under section 2A or 77 of the Town and

Country Planning Act 1990 (“call-in” directions).”

Member’s explanatory statement

This new clause provides that regulations under NC43 may provide for various matters including

the actions and procedures to be followed during the pilot schemes, the eligibility of persons to act

as designated persons, the setting of performance standards, and how conflicts of interest and the

investigation of complaints are dealt with.

 

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