Levelling-up and Regeneration Act 2023

General

147 Power to provide for authorities making joint local plans

(1) CLA regulations may make provision applying any provision made by or under this Part in relation to local planning authorities whose next local plan is to be a joint local plan, with or without modifications.

(2) Where CLA regulations make provision under subsection (1) which permits local planning authorities that are to make a joint local plan to put in place a community land auction arrangement jointly, it must include provision about how CLA receipts deriving from that arrangement are to be shared between the authorities.

148 Parliamentary scrutiny of pilot

(1) The Secretary of State must prepare a report which—

(a) assesses the effectiveness of the operation of this Part in delivering the overall purpose mentioned in section 141(1), and

(b) contains such other information about, or assessments as to the effect of, community land auction arrangements as the Secretary of State considers appropriate.

(2) The Secretary of State must lay the report before each House of Parliament before the later of—

(a) the end of the period of 24 months beginning with the day on which this Part expires in accordance with section 150, and

(b) the end of the period of 24 months beginning with the day on which the final community land auction arrangement comes to an end.

(3) The “final community land auction arrangement” means the last community land auction arrangement to come to an end.

(4) After the report has been laid before each House of Parliament under subsection (2), the Secretary of State must publish it as soon as is reasonably practicable.

(5) In calculating a period of 24 months mentioned in subsection (2), no account is to be taken of any time during which—

(a) Parliament is dissolved or prorogued, or

(b) either House of Parliament is adjourned for more than 4 days.

149 CLA regulations: further provision and guidance

(1) CLA regulations may make provision—

(a) about the leasehold interests in relation to which a community land auction arrangement may, may not or must be capable of applying;

(b) permitting a local planning authority to exclude land from a community land auction arrangement and disapply section 142(2) in relation to that land;

(c) about the procedures to be followed under, or in connection with, a community land auction arrangement;

(d) about the provision or publication of information under, or in connection with, a community land auction arrangement;

(e) about how, when or the circumstances in which anything must be done under, or in connection with, a community land auction arrangement;

(f) about the treatment of anyone who has an interest in or over land which is subject to a CLA option;

(g) about when a community land auction arrangement is to be taken to be put in place or to come to an end;

(h) about how section 106 of TCPA 1990 (planning obligations) is to be used, or is not to be used, where section 142 applies or has applied (including provision about the circumstances in which a planning obligation under that section may constitute a reason for granting planning permission);

(i) about the exercise of any other power relating to planning or development;

(j) about anything else relating to planning or development.

(2) The Secretary of State may give guidance to a local planning authority or other authority about, or in connection with, community land auction arrangements (including guidance about how any power relating to planning or development is to be exercised in circumstances which include, or may include, a community land auction arrangement); and authorities must have regard to the guidance.

(3) Provision may be made under subsection (1)(h) to (j), and guidance may be given under subsection (2), only if the Secretary of State thinks it necessary or expedient for—

(a) delivering the overall purpose mentioned in section 141(1),

(b) enhancing the effectiveness, or increasing the use, of CLA regulations or community land auction arrangements,

(c) preventing agreements, undertakings or other transactions from being used to undermine or circumvent CLA regulations or community land auction arrangements,

(d) preventing agreements, undertakings or other transactions from being used to achieve a purpose that the Secretary of State thinks would better be achieved through the application of CLA regulations or community land auction arrangements, or

(e) preventing or restricting the imposition of burdens, the making of agreements or the giving of undertakings, in addition to those in connection with CLA regulations or community land auction arrangements.

(4) CLA regulations may—

(a) confer functions on any person, including functions involving the exercise of a discretion;

(b) make consequential, supplementary or incidental provision under section 252(1)(c) which disapplies, or modifies the effect of, any provision made by or under an Act of Parliament (whenever passed or made).

150 Expiry of Part 5

(1) This Part, other than section 148 and this section, expires at the end of the period of 10 years beginning with the date on which CLA regulations are first made.

(2) Subsection (1) does not affect—

(a) any community land auction arrangement which is put in place before the expiry of this Part (whether or not it comes to an end before this Part expires);

(b) any CLA option, or allocation of land for development in a local plan, that is made under a community land auction arrangement which is put in place before the expiry of this Part (whether or not it comes to an end before this Part expires);

(c) the treatment of any CLA receipts after the expiry of this Part.

(3) Subsections (1) and (2) are subject to such transitional, transitory or saving provision as may be made by CLA regulations in connection with the expiry of this Part.

151 Interpretation of Part 5

In this Part—

• “CLA option” has the meaning given by section 141(4);

• “CLA receipts” has the meaning given by section 143(1);

• “CLA regulations” has the meaning given by section 141(2);

• “community land auction arrangement” has the meaning given by section 141(3);

• “joint local plan” and “local plan” have the same meaning as in Part 2 of PCPA 2004 (see, in particular, section 15LH of that Act);

• “local planning authority” means a local planning authority for the purposes of Part 2 of PCPA 2004 (see, in particular, section 15LF of that Act) other than—

  (a)

  a joint committee constituted under section 15J of that Act,

  (b)

  an urban development corporation, a development corporation established under the New Towns Act 1981 or a Mayoral development corporation, or

  (c)

  the Homes and Communities Agency,

  and references to the area of a local planning authority are to the area for which the authority is the local planning authority in accordance with Part 2 of PCPA 2004.