April 2023 - GOVERNMENT BILLS
Levelling Up and Regeneration Bill
The Levelling Up and Regeneration Bill (LURB) continues to undergo detailed scrutiny at Committee stage in the House of Lords. New amendments were tabled on 30 March and 11 April. Debate of the heritage related clauses began on 20 April during which the committee agreed the following key clauses:
Clause 95: that gives regard to certain heritage assets in exercise of planning functions.
Clause 96: Temporary stop notices in relation to listed buildings.
Clause 97: Urgent works to listed buildings: occupied buildings and recovery of costs.
Clause 98: Removal of compensation for building preservation notice.
Clause 99: on Street Votes (albeit with some further government amendments).
Clause 101: agreed exempting Crown Development from the need to have special regard to the preservation or enhancement of designated heritage assets and/or historic environment considerations.
On 24 April debate of the LURB continued with discussion of the grant and implementation of planning permission, enforcement of planning controls and other provisions. The following relevant clauses agreed:
Clause 118 power to provide fees for certain services in relation to Nationally Important Infrastructure Projects.
Clauses 122 and 123 (which seeks to amend the Planning Acts, and to enable the Secretary of State to make changes to the law relating to planning, development and compulsory purchase.
►Committee stage is scheduled to continue on 3 May.)
Retained EU Law (Revocation and Reform) Bill
The Retained EU Law (REUL) Bill has completed its Committee stage in the House of Lords. The scheduling of its Report stage is awaited.
UK Infrastructure Bank Bill
The UK Infrastructure Bank Bill has received Royal Assent and is now an Act of Parliament (law).
The Energy Bill
The Energy Bill had its Third Reading on 24 April; no further amendments were made. The bill now goes to the Commons for consideration.
High Speed Rail (Crewe to Manchester) Bill
No change.
PRIVATE MEMBERS’ BILLS
Green Belt (Protection) Bill (seeks to establish a national register of Green Belt land in England. The Bill would also restrict the ability of local authorities to de-designate Green Belt land and make provision about future development of de-designated Green Belt land.)
The GBPB is currently passing through the House of Commons, where it was introduced in the 2021-2022 session of Parliament. The Second reading of the Green Belt (Protection) Bill (GBPB) is scheduled to take place on 7 July. ►However, the House is currently not expected to sit on this day.
Government Consultations
NORA will be responding formally to the following two consultations, details of which are set out below.
Attached are drafts of the NORA proposed responses for our information and perusal and the committee would like to hear from you with any comments or amendments that you may wish to make.
The government has just issued a consultation on introducing a new Use Class for short-term lets. You can find the consultation here - https://www.gov.uk/government/consultations/introduction-of-a-use-class-for-short-term-lets-and-associated-permitted-development-rights/introduction-of-a-use-class-for-short-term-lets-and-associated-permitted-development-rights [these proposals relate to England only].
This consultation will run from 12 April 2023 to 7 June 2023.
The proposal is to add to the Use Classes Order a new Use Class C5 for short term lets, which would mean that planning permission would become necessary for change of use from C3 Dwellinghouse to C5 Short term let (and presumably also from any other Use Class).
However, the consultation also proposes that change of use from one to the other would be permitted development (PD). Therefore, any local planning authority wishing to take advantage of the new legislation would have to adopt an Article 4 Direction (A4D), removing PD rights. This reflects the situation which already exists with HMOs (where an A4D is necessary to remove PD rights to convert homes to HMOs).
The government is in parallel consulting on a registration scheme for short term lets. You can find this consultation here - https://www.gov.uk/government/consultations/consultation-on-a-registration-scheme-for-short-term-lets-in-england/consultation-on-a-registration-scheme-for-short-term-lets-in-england [these proposals also relate to England only].
This public consultation will be open for 8 weeks, running from 12 April 2023 to 7 June 2023.
Such a registration scheme could set a precedent for a similar scheme for the registration of HMOs, which has long been desirable. Most HMOs in England are currently subject to licensing - but not small HMOs (those occupied by three or four people). A comprehensive registration scheme would at last enable a full tally of HMOs in any area (and nationally) to be counted. (The situation is not the same in the other countries of the UK.)