Housing and Planning Act 2016

PART 1New homes in England

CHAPTER 1Starter homes

1Purpose of this Chapter

2What is a starter home?

3Power to require payments or discounts on resale (subject to tapering) etc

4General duty to promote supply of starter homes

5Planning permission: provision of starter homes

7Compliance directions

8Interpretation of this Chapter

CHAPTER 2Self-build and custom housebuilding

10Duty to grant planning permission etc

11Exemption from duty

12Further and consequential amendments

PART 2Rogue landlords and property agents in England

CHAPTER 1Introduction

13Introduction to this Part

CHAPTER 2Banning orders

Banning orders: key definitions

14“Banning order” and “banning order offence”

Imposition of banning orders

15Application and notice of intended proceedings

16Making a banning order

17Duration and effect of banning order

18Content of banning order: involvement in bodies corporate

19Power to require information

20Revocation or variation of banning orders

Consequences of banning order, including consequences of breach

21Offence of breach of banning order

22Offences by bodies corporate

23Financial penalty for breach of banning order

24Saving for illegal contracts

25Banned person may not hold HMO licence etc

26Management orders following banning order

27Prohibition on certain disposals

CHAPTER 3Database of rogue landlords and property agents

The database and its content

28Database of rogue landlords and property agents

29Duty to include person with banning order

30Power to include person convicted of banning order offence

31Procedure for inclusion under section 30

33Information to be included in the database

35Power to require information

Removal or variation

36Removal or variation of entries made under section 30

37Requests for exercise of powers under section 36 and appeals

Access to information in the database

38Access to database

39Use of information in database

CHAPTER 4Rent repayment orders

Rent repayment orders: introduction

40Introduction and key definitions

Application for rent repayment order

41Application for rent repayment order

42Notice of intended proceedings

Making of rent repayment order

43Making of rent repayment order

44Amount of order: tenants

45Amount of order: local housing authorities

46Amount of order following conviction

Enforcement of rent repayment order

47Enforcement of rent repayment orders

Local housing authority functions

48Duty to consider applying for rent repayment orders

49Helping tenants apply for rent repayment orders

Amendments etc and interpretation

50Rent repayment orders: consequential amendments

51Housing benefit: inclusion pending abolition

52Interpretation of Chapter

CHAPTER 5Appeals under this Part

53Appeals from the first-tier tribunal

CHAPTER 6Interpretation of Part 2

54Meaning of “letting agent” and related expressions

55Meaning of “property manager” and related expressions

56General interpretation of Part

PART 3Recovering abandoned premises in England

57Recovering abandoned premises

58The unpaid rent condition

59Warning notices

60Reinstatement

61Methods for giving notices under sections 57 and 59

62Interpretation of Part

63Consequential amendment to Housing Act 1988

PART 4Social housing in England

CHAPTER 1Implementing the right to buy on a voluntary basis

Funding of discounts offered to tenants

64Grants by Secretary of State

65Grants by Greater London Authority

Monitoring compliance

Amendments to other legislation

67Consequential changes to HCA's duty to give grants

68Interpretation of Chapter

CHAPTER 2Vacant higher value local authority housing

Payments to Secretary of State by local housing authorities

69Payments to Secretary of State

70Housing to be taken into account

71Procedure for determinations

72More about determinations

73Determinations in the first year that section 69 comes into force

74Reduction of payment by agreement

75Set off against repayments under section 69

Duty to consider selling

76Duty to consider selling vacant higher value housing

Amendments and interpretation

77Local authority disposal of housing: consent requirements

78Set off under section 11 of Local Government Act 2003

79Interpretation of Chapter

CHAPTER 3Rents for high income social tenants

Mandatory rents for local authority tenants

80Mandatory rents for high income local authority tenants

81Meaning of “high income” etc

82Information about income

83HMRC information

84Reverting to original rent levels

85Power to change rents and procedure for changing rents

86Payment by local authority of increased income to Secretary of State

87Provision of information to Secretary of State

88Interaction with other legislation and consequential amendments

Private registered providers: rent policies for high income tenants

89Private providers: policies for high income social tenants

90HMRC information for private registered providers

91Interpretation of Chapter

CHAPTER 4Reducing regulation of social housing etc

92Reducing social housing regulation

93Reducing local authority influence over private registered providers

94Recovery of social housing assistance: successors in title

CHAPTER 5Insolvency of registered providers of social housing

Housing administration

95Housing administration order: providers of social housing in England

96Objectives of housing administration

97Objective 1: normal administration

98Objective 2: keeping social housing in the regulated sector

99Applications for housing administration orders

100Powers of court

101Housing administrators

102Conduct of administration etc

103Housing administrator may sell land free from planning obligations

Restrictions on other insolvency procedures

104Winding-up orders

105Voluntary winding up

106Making of ordinary administration orders

107Administrator appointments by creditors etc

108Enforcement of security

Financial support for registered providers in housing administration

109Grants and loans where housing administration order is made

110Indemnities where housing administration order is made

111Indemnities: repayment by registered provider etc

112Guarantees where housing administration order is made

113Guarantees: repayment by registered provider etc

Supplementary provisions

114Modification of this Chapter under the Enterprise Act 2002

115Amendments to housing moratorium and consequential amendments

116Interpretation of Chapter

117Application of Part to Northern Ireland

CHAPTER 6Secure tenancies etc.

118Secure tenancies etc: phasing out of tenancies for life

119Termination of fixed-term secure tenancies without need to forfeit

120Succession to secure tenancies and related tenancies

121Secure and assured tenancies: transfer of tenancy

PART 5Housing, estate agents and rentcharges: other changes

Electrical safety standards

122Electrical safety standards for residential properties let by landlords

123Electrical safety standards: enforcement

Accommodation needs in England

124Assessment of accommodation needs

Housing regulation in England

125Licences for HMO and other rented accommodation: additional tests

126Financial penalty as alternative to prosecution under Housing Act 2004

127Offence of contravening an overcrowding notice: level of fine

Housing information in England

128Tenancy deposit information

129Use of information obtained for certain other statutory purposes

130Tenants' associations: power to request information about tenants

Administration charges

131Limitation of administration charges: costs of proceedings

Enforcement of estate agents legislation

132Estate agents: lead enforcement authority

Client money protection schemes for property agents

133Power to require property agents to join client money protection schemes

134Client money protection schemes: approval or designation

135Enforcement of client money protection scheme regulations

Enfranchisement and extension of long leaseholds

136Enfranchisement and extension of long leaseholds: calculations

137Redemption price for rentcharges

138Procedure for redeeming English rentcharges

PART 6Planning in England

Neighbourhood planning

139Designation of neighbourhood areas

140Timetable in relation to neighbourhood development orders and plans

141Making neighbourhood development orders and plans: intervention powers

142Local planning authority to notify neighbourhood forum of applications

143Power to direct amendment of local development scheme

144Power to give direction to examiner of development plan document

145Intervention by Secretary of State

146Secretary of State's default powers

147Default powers exercisable by Mayor of London or combined authority

148Costs of independent examinations held by Secretary of State

Planning in Greater London

149Planning powers of the Mayor of London

Permission in principle and local registers of land

150Permission in principle for development of land

151Local planning authority to keep register of particular kinds of land

Planning permission etc

152Approval condition where development order grants permission for building

153Planning applications that may be made directly to Secretary of State

154Planning freedoms: right for local areas to request alterations to planning system

155Local planning authorities: information about financial benefits

156Local planning authorities: information about neighbourhood development plans

157Planning applications etc: setting of fees

Planning obligations

158Resolution of disputes about planning obligations

159Planning obligations and affordable housing

Nationally significant infrastructure projects

160Development consent for projects that involve housing

Powers for piloting alternative provision of processing services

161Processing of planning applications by alternative providers

162Regulations under section 161: general

163Regulations under section 161: fees and payments

164Regulations under section 161: information

Review of minimum energy performance requirements

165Review of minimum energy performance requirements

Urban development corporations

166Designation of urban development areas: procedure

167Establishment of urban development corporations: procedure

168Sections 166 and 167: consequential repeals

169Designation of new town areas and establishment of corporations: procedure

170New towns: objects of development corporations in England

Sustainable drainage

171Sustainable drainage

PART 7Compulsory purchase etc

Right to enter and survey land

172Right to enter and survey land

173Warrant authorising use of force to enter and survey land

174Notice of survey and copy of warrant

175Enhanced authorisation procedures etc. for certain surveys

176Right to compensation after entry on or survey of land

177Offences in connection with powers to enter land

178Right to enter and survey or value Crown land

179Amendments to do with sections 172 to 178

Confirmation and time limits

180Timetable for confirmation of compulsory purchase order

181Confirmation by inspector

182Time limits for notice to treat or general vesting declaration

Vesting declarations: procedure

183Notice of general vesting declaration procedure

184Earliest vesting date under general vesting declaration

185No general vesting declaration after notice to treat

Possession following notice to treat etc

186Extended notice period for taking possession following notice to treat

187Counter-notice requiring possession to be taken on specified date

188Agreement to extend notice period for possession following notice to treat

189Corresponding amendments to the New Towns Act 1981

190Abolition of alternative possession procedure following notice to treat

191Extended notice period for taking possession following vesting declaration

192Making a claim for compensation

193Compensation after withdrawal of notice to treat

194Making a request for advance payment of compensation

195Power to make and timing of advance payment

196Interest on advance payments of compensation

197Repayment of advance payment where no compulsory purchase

198Repayment of payment to mortgagee if land not acquired

199Objection to division of land

200Objection to division of land: blight notices

201Power to quash decision to confirm compulsory purchase order

202Extension of compulsory purchase time limit during challenge

Power to override easements and other rights

203Power to override easements and other rights

204Compensation for overridden easements etc

205Interpretation of sections 203 and 204

206Amendments to do with sections 203 and 204

PART 8Public authority land

207Engagement with public authorities in relation to proposals to dispose of land

208Duty of public authorities to prepare report of surplus land holdings

209Power to direct bodies to dispose of land

210Reports on improving efficiency and sustainability of buildings owned by local authorities

211Reports on improving efficiency and sustainability of buildings in military estate

212Power to make transitional provision

213Power to make consequential provision

214Regulations: general

216Commencement

SCHEDULE 1Financial penalty for breach of banning order

Notice of intent

1Before imposing a financial penalty on a person under section...

2(1) The notice of intent must be given before the...

3The notice of intent must set out—

Right to make representations

4(1) A person who is given a notice of intent...

5After the end of the period for representations the local...

6If the authority decides to impose a financial penalty on...

7The final notice must require the penalty to be paid...

8The final notice must set out— (a) the amount of...

Withdrawal or amendment of notice

9(1) A local housing authority may at any time—

10(1) A person to whom a final notice is given...

Recovery of financial penalty

11(1) This paragraph applies if a person fails to pay...

SCHEDULE 2Banned person may not hold HMO licence etc

1The Housing Act 2004 is amended as follows.

2In section 64 (grant or refusal of HMO licence), in...

3In section 66 (HMO licence: tests for fitness etc), after...

4In section 68 (licences: general requirements and duration), in subsection...

5For the heading of section 70 substitute “ Power to...

6After section 70 insert— Duty to revoke licence in banning...

7In section 88 (grant or refusal of Part 3 licence),...

8In section 89 (Part 3 licences: tests for fitness etc),...

9In section 91 (licences: general requirements and duration), in subsection...

10For the heading of section 93 substitute “ Power to...

11After section 93 insert— Duty to revoke licence in banning...

12(1) Schedule 5 (licences under Parts 2 and 3: procedure...

SCHEDULE 3Management orders following banning order

1The Housing Act 2004 is amended as follows.

2(1) Section 101 (interim and final management orders) is amended...

3(1) Section 102 (making of interim management orders) is amended...

4(1) Section 105 (operation of interim management orders) is amended...

5(1) Section 110 (financial arrangements while order is in force)...

6In section 112 (revocation of interim management orders), after subsection...

7(1) Section 113 (making of final management orders) is amended...

8(1) Section 114 (operation of final management orders) is amended...

9In section 119 (management schemes and accounts), after subsection (4)...

10In section 122 (revocation of final management orders), after subsection...

11In section 129 (termination of management orders: financial arrangements), in...

12(1) Schedule 6 (management orders: procedure and appeals) is amended...

SCHEDULE 4Reducing social housing regulation

PART 1Removal of disposal consent requirements

Housing Act 1985 (c. 68)

1(1) Section 171D of the Housing Act 1985 (consent to...

Housing Act 1988 (c. 50)

2The Housing Act 1988 is amended as follows.

3(1) Section 81 (consent to certain disposals of housing obtained...

4(1) Section 133 (consent to certain disposals of housing obtained...

Local Government and Housing Act 1989 (c. 42)

5(1) Section 173 of the Local Government and Housing Act...

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

6In Schedule 10 to the Leasehold Reform, Housing and Urban...

Housing and Regeneration Act 2008

7The Housing and Regeneration Act 2008 is amended as follows....

8In section 60 (structural overview), in subsection (4), in the...

9After section 74 insert— Leaving the social housing stock: transfer...

10(1) Section 75 (leaving the social housing stock) is amended...

11In section 119 (de-registration: voluntary), in subsection (5), omit paragraph...

12In section 149 (moratorium: exempted disposals)— (a) omit subsection (6);...

13In section 171 (power to dispose), in subsection (3), omit...

14For the italic heading above section 172 substitute— “ Notification...

15Omit sections 172 to 175 (disposal consents).

16For section 176 substitute— Notification of disposal (1) If a private registered provider disposes of a dwelling...

17Omit section 179 and the italic heading before it (application...

18In section 186 (former registered providers), for “to 175” substitute...

19Omit section 187 (change of use, etc).

20Omit section 190 (consent to disposals under other legislation).

21In section 278A (power to nominate for consultation purposes), for...

PART 2Restructuring and dissolution: removal of consent requirements etc

22The Housing and Regeneration Act 2008 is amended as follows....

23In section 115 (profit-making and non-profit organisations), in subsection (9),...

24For section 160 substitute— Company: arrangements and reconstructions (1) This section applies to a non-profit registered provider which...

25For section 161 substitute— Company: conversion into registered society (1) This section applies to a non-profit registered provider which...

26For section 163 substitute— Registered society: restructuring (1) This section applies to a non-profit registered provider which...

27In section 165 (registered society: dissolution), for subsection (2) substitute—...

28Omit section 166 (winding up petition by regulator).

29After section 169 insert— Notification of constitutional changes Registered societies:...

30In section 192 (overview), omit paragraph (c).

31Omit sections 211 to 214 and the italic heading before...

PART 3Abolition of disposal proceeds fund

32The Housing and Regeneration Act 2008 is amended as follows....

33Omit— (a) sections 177 and 178; (b) the italic heading...

34(1) Section 181 (meaning of “publicly funded” for purposes of...

35Regulations under section 213 in connection with the coming into...

PART 4Enforcement Powers

36The Housing and Regeneration Act 2008 is amended as follows....

37In section 269 (appointment of new officers of non-profit registered...

38In section 275 (interpretation), for the definition of “mismanagement” substitute—...

SCHEDULE 5Conduct of housing administration: companies

PART 1Modifications of Schedule B1 to the Insolvency Act 1986

1(1) The applicable provisions of Schedule B1 to the Insolvency...

General modifications of the applicable provisions

2Those paragraphs are to have effect as if—

Specific modifications

3Paragraph 1 (administration) is to have effect as if—

4Paragraph 40 (dismissal of pending winding-up petition) is to have...

5Paragraph 42 (moratorium on insolvency proceedings) is to have effect...

6Paragraph 44 (interim moratorium) is to have effect as if...

7Paragraph 46(6) (date for notifying administrator's appointment) is to have...

8Paragraph 49 (administrator's proposals) is to have effect as if—...

9Paragraph 54 is to have effect as if the following...

10Paragraph 60 (powers of an administrator) has effect as if...

11Paragraph 68 (management duties of an administrator) is to have...

12Paragraph 73(3) (protection for secured or preferential creditor) is to...

13Paragraph 74 (challenge to administrator's conduct) is to have effect...

14Paragraph 75(2) (misfeasance) is to have effect as if after...

15Paragraph 78 (consent to extension of administrator's term of office)...

16Paragraph 79 (end of administration) is to have effect as...

17Paragraph 83(3) (notice to registrar when moving to voluntary liquidation)...

18Paragraph 84 (notice to registrar when moving to dissolution) is...

19Paragraph 87(2) (resignation of administrator) is to have effect as...

20Paragraph 89(2) (administrator ceasing to be qualified) is to have...

21Paragraph 90 (filling vacancy in office of administrator) is to...

22Paragraph 91 (vacancies in court appointments) is to have effect...

23Paragraph 98 (discharge from liability on vacation of office) is...

24Paragraph 99 (charges and liabilities upon vacation of office by...

25Paragraph 100 (joint and concurrent administrators) is to have effect...

26Paragraph 101(3) (joint administrators) is to have effect as if...

27Paragraph 103 (appointment of additional administrators) is to have effect...

28Paragraph 106(2) (penalties) is to have effect as if paragraphs...

29Paragraph 109 (references to extended periods) is to have effect...

30Paragraph 111 (interpretation) is to have effect as if—

PART 2Further modifications of Schedule B1 to Insolvency Act 1986: foreign companies

31(1) This Part of this Schedule applies in the case...

32In paragraphs 33 to 38— (a) the provisions of Schedule...

33In the case of a foreign company—

34(1) The applicable provisions and Schedule 1 to the Insolvency...

35Paragraph 41 of Schedule B1 to the Insolvency Act 1986...

36Paragraph 43(6A) of Schedule B1 to the Insolvency Act 1986...

37Paragraph 44(7) of Schedule B1 to the Insolvency Act 1986...

38Paragraph 64 of Schedule B1 to the Insolvency Act 1986...

PART 3Other modifications

General modifications

39(1) References within sub-paragraph (2) which are contained—

40(1) Paragraph 39, in its application to section 1(3) of...

Modifications of the Insolvency Act 1986

41The following provisions of the Insolvency Act 1986 are to...

42Section 5 (effect of approval of voluntary arrangements) is to...

43Section 6 (challenge of decisions in relation to voluntary arrangements)...

44In section 129(1A) (commencement of winding up), the reference to...

Power to make further modifications

45(1) The Secretary of State may by regulations amend this...

Interpretation of Part 3 of Schedule

46In this Part of this Schedule— “administration order”, “administrator”, “enters...

SCHEDULE 6Amendments to housing moratorium and consequential amendments

1The Housing and Regeneration Act 2008 is amended as follows....

2Omit section 144 (insolvency: preparatory steps notice).

3For section 145 substitute— Moratorium A moratorium on the disposal of land by a private...

4(1) Section 146 (duration of moratorium) is amended as follows....

5(1) Section 147 (further moratorium) is amended as follows.

6In section 154 (proposals: effect), in subsection (2), after paragraph...

7Omit section 162 (consent to company winding up).

8Omit section 164 (consent to registered society winding up).

9In section 275 (general interpretation), omit the definition of “working...

10In section 276 (index of defined terms), omit the entry...

SCHEDULE 7Secure tenancies etc: phasing out of tenancies for life

Law of Property Act 1925 (c. 20)

1(1) Section 52 of the Law of Property Act 1925...

Housing Act 1985 (c. 68)

2The Housing Act 1985 is amended as follows.

3For the italic heading before section 79 substitute— “ Secure...

4After section 81 insert— Grant of new secure tenancies in...

5In section 82 (security of tenure), in subsection (3), for...

6After section 82 insert— “ Orders for possession and expiry...

7(1) Section 82A (demoted tenancy) is amended as follows.

8In section 83 (proceedings for possession or termination: general notice...

9In section 84 (grounds and orders for possession), in subsection...

10(1) Section 86 (periodic tenancy arising on termination of fixed...

11After section 86 insert— English secure tenancies: review, renewal and...

12(1) Section 97 (tenant's improvements require consent) is amended as...

13(1) Section 99A (right to compensation for improvements) is amended...

14Omit sections 107A to 107E (flexible tenancies).

15After section 115A insert— Meaning of “flexible tenancy” (1) For the purposes of this Act, a flexible tenancy...

16(1) Section 117 (index of defined expressions) is amended as...

17(1) Schedule 1 (tenancies which are not secure tenancies) is...

Landlord and Tenant Act 1985 (c. 70)

18(1) Section 13 of the Landlord and Tenant Act 1985...

Housing Act 1996 (c. 52)

19The Housing Act 1996 is amended as follows.

20(1) Section 124 (introductory tenancies) is amended as follows.

21After section 124 insert— New introductory tenancies in England: overall...

22(1) Section 125A (extension of trial period by 6 months)...

23In section 128 (notice of proceedings for possession), in subsection...

24In section 137A (introductory tenancies that are to become flexible...

25In section 143A (demoted tenancies), in subsection (1), omit “periodic”....

26In section 143E (notice of proceedings for possession), for subsection...

27(1) Section 143MA (demoted tenancies that are to become flexible...

28After section 143MA insert— Default flexible tenancies when no notice...

Land Registration Act 2002 (c. 9)

29In section 132 of the Land Registration Act 2002 (interpretation),...

Localism Act 2011 (c. 20)

30The Localism Act 2011 (flexible tenancies: other amendments) is amended...

31In section 155, omit subsections (3) and (4).

32In section 159 (further provisions about transfer of tenancy under...

Savings for flexible tenancies with only 9 months left to run

33(1) Despite the repeal of sections 107D and 107E of...

SCHEDULE 8Succession to secure tenancies and related tenancies

Housing Act 1985 (c. 68)

1The Housing Act 1985 is amended as follows.

2In section 86 (periodic tenancy arising on termination of fixed...

3(1) Section 86A (persons qualified to succeed: England) as inserted...

4In section 88 (cases where the tenant is a successor),...

5(1) Section 89 (succession to periodic tenancy) is amended as...

6In section 117 (index of defined expressions), in the entry...

Housing Act 1996 (c. 52)

7Before section 131 (but after the italic heading) insert— Persons...

8(1) Section 131 (persons qualified to succeed tenant) is amended...

9(1) Section 133 (succession to introductory tenancy) is amended as...

10Before section 143H (but after the italic heading) insert— Persons...

11(1) Section 143H (succession to demoted tenancy) is amended as...

12In section 143I (no successor tenant: termination), after “section” insert...

13(1) Section 143J of the Housing Act 1996 (demoted tenancies:...

Localism Act 2011 (c. 20)

14In section 160 of the Localism Act 2011 (succession to...

15The amendments made by this Schedule do not apply in...

16The amendments made by paragraphs 7 and 8 do not...

17The amendments made by paragraphs 10 to 13 do not...

SCHEDULE 9Financial penalty as alternative to prosecution under Housing Act 2004

1The Housing Act 2004 is amended as follows.

2In section 30 (offence of failing to comply with improvement...

3In section 72 (offences in relation to licensing of HMOs),...

4In section 95 (offences in relation to licensing of houses...

5In section 139 (overcrowding notices), after subsection (9) insert—

6In section 234 (management regulations in respect of HMOs), after...

7After section 249 insert— Financial penalties as alternative to prosecution...

8After Schedule 13 insert— SCHEDULE 13A Financial penalties under section...

SCHEDULE 10Enfranchisement and extension of long leaseholds: calculations

Leasehold Reform Act 1967

1(1) In Schedule 1 to the Leasehold Reform Act 1967...

Leasehold Reform, Housing and Urban Development Act 1993

2The Leasehold Reform, Housing and Urban Development Act 1993 is...

3(1) Section 100 (orders and regulations) is amended as follows....

4(1) In Schedule 6, paragraph 7 is amended as follows....

5(1) In Schedule 13 (premium and other amounts payable by...

SCHEDULE 11Default powers exercisable by Mayor of London or combined authority: Schedule to be inserted in the Planning and Compulsory Purchase Act 2004

SCHEDULE 12Permission in principle for development of land: minor and consequential amendments

Town and Country Planning Act 1990 (c. 8)

1The Town and Country Planning Act 1990 is amended as...

2In section 2A (the Mayor of London: applications of potential...

3In the heading before section 61W, after “planning permission” insert...

4In section 61W (requirement to carry out pre-application consultation), in...

5In section 61X (duty to take account of responses to...

6In section 61Y (power to make supplementary provision), in subsection...

7In the heading before section 62, after “planning permission” insert...

8(1) Section 62 (applications for planning permission) is amended as...

9In section 65 (notice etc of applications for planning permission),...

10In section 69 (register of applications etc), after paragraph (a)...

11(1) Section 70 (determination of applications: general considerations) is amended...

12(1) Section 70A (power to decline to determine subsequent application)...

13(1) Section 70B (power to decline to determine overlapping application)...

14In section 70C (power to decline to determine retrospective application),...

15In section 71 (consultation in connection with determinations under section...

16In section 71A (assessment of environmental effects), in subsection (1),...

17(1) Section 74 (directions etc as to method of dealing...

18In section 76C (provisions applying to applications made under section...

19In section 76D (deciding applications made under section 62A), in...

20(1) Section 77 (references of applications to Secretary of State)...

21In section 78 (right of appeal against planning decisions and...

22(1) Section 78A (appeal made: functions of local planning authorities)...

23(1) Section 79 (determination of appeals) is amended as follows....

24In the heading before section 97, after “planning permission” insert...

25(1) Section 97 (power to revoke or modify planning permission)...

26In section 99 (procedure for section 97 orders: unopposed cases),...

27(1) In section 106BB (duty to notify the Mayor of...

28(1) Section 107 (compensation where planning permission revoked or modified)...

29(1) Section 108 (compensation for refusal or conditional grant of...

30In section 109 (apportionment of compensation for depreciation), in the...

31In section 284 (validity of development plans and certain orders,...

32In section 286 (challenges to validity on ground of authority's...

33In section 293 (application to Crown: definitions), in subsection (2A),...

34(1) Section 293A (urgent Crown development: application) is amended as...

35(1) Section 298A (application for planning permission by Crown) is...

36In section 303 (fees for planning applications etc), in subsection...

37In section 316 (land of interested planning authorities and development...

38In section 322B (local inquiries in London: special provision as...

39In section 332 (combined applications), in subsection (1)(a), after “planning...

40(1) In section 336 (interpretation), subsection (1) is amended as...

41(1) Schedule 1 (local planning authorities: distribution of functions) is...

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

42(1) In section 66 of the Planning (Listed Buildings and...

43In section 91(2) of that Act (expressions that have the...

Commons Act 2006 (c. 26)

44(1) Schedule 1A to the Commons Act 2006 (exclusion of...

SCHEDULE 13Resolution of disputes about planning obligations: Schedule to be inserted in the Town and Country Planning Act 1990

SCHEDULE 14Right to enter and survey land: consequential amendments

Defence Act 1842 (5 & 6 Vict c. 94)

1In section 16 of the Defence Act 1842, at the...

Coast Protection Act 1949 (12 & 13 Geo 6 c. 74)

2In section 25 of the Coast Protection Act 1949, after...

National Parks and Access to the Countryside Act 1949 (12, 13 & 14 Geo 6 c. 97)

3(1) Section 108 of the National Parks and Access to...

Land Powers (Defence) Act 1958 (6 & 7 Eliz 2 c. 30)

4In section 21 of the Land Powers (Defence) Act 1958,...

Caravan Sites and Control of Development Act 1960 (8 & 9 Eliz 2 c. 62)

5In section 26 of the Caravan Sites and Control of...

Compulsory Purchase Act 1965 (c. 56)

6In section 11(3) of the Compulsory Purchase Act 1965 for...

Criminal Justice Act 1972 (c. 71)

7In the Criminal Justice Act 1972 omit section 60.

Welsh Development Agency Act 1975 (c. 70)

8In Schedule 4 to the Welsh Development Agency Act 1975...

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

9In the Local Government (Miscellaneous Provisions) Act 1976 omit section...

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

10In section 43 of the Ancient Monuments and Archaeological Areas...

Local Government, Planning and Land Act 1980 (c. 65)

11(1) Section 167 of the Local Government, Planning and Land...

Highways Act 1980 (c. 66)

12In section 289 of the Highways Act 1980, after subsection...

New Towns Act 1981 (c. 64)

13In section 73(1) of the New Towns Act 1981 omit...

Civil Aviation Act 1982 (c. 16)

14(1) Section 50 of the Civil Aviation Act 1982 is...

Industrial Development Act 1982 (c. 52)

15In section 14 of the Industrial Development Act 1982 omit...

Housing Act 1985 (c. 68)

16In section 54 of the Housing Act 1985, after subsection...

Local Government and Housing Act 1989 (c. 42)

17In section 97 of the Local Government and Housing Act...

Electricity Act 1989 (c. 29)

18In Schedule 4 to the Electricity Act 1989, in paragraph...

Town and Country Planning Act 1990 (c. 8)

19In section 324 of the Town and Country Planning Act...

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

20In section 88 of the Planning (Listed Buildings and Conservation...

Land Drainage Act 1991 (c. 59)

21In section 64 of the Land Drainage Act 1991, after...

Water Industry Act 1991 (c. 56)

22(1) Section 169 of the Water Industry Act 1991 is...

Water Resources Act 1991 (c. 57)

23(1) Section 171 of the Water Resources Act 1991 is...

Environment Act 1995 (c. 25)

24(1) Schedule 8 to the Environment Act 1995 is amended...

Greater London Authority Act 1999 (c. 29)

25In the Greater London Authority Act 1999 omit section 333ZD....

Postal Services Act 2000 (c. 26)

26In Schedule 6 to the Postal Services Act 2000, in...

Housing and Regeneration Act 2008 (c. 17)

27In the Housing and Regeneration Act 2008 omit sections 17...

Localism Act 2011 (c. 20)

28In the Localism Act 2011 omit section 210.

SCHEDULE 15Notice of general vesting declaration procedure

New notice requirements

1The Acquisition of Land Act 1981 is amended as follows....

2(1) Section 15 (compulsory purchase order: confirmation notice) is amended...

3(1) Paragraph 6 of Schedule 1 (purchase by Minister: notices...

Consequential amendments

4The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as...

5Omit section 3 (preliminary notices).

6In section 5, omit subsection (1) (earliest date for execution...

7In section 6 (notices after execution of declaration), in subsection...

Power to make corresponding amendments elsewhere

8(1) The Secretary of State may by regulations amend any...

SCHEDULE 16Abolition of alternative possession procedure following notice to treat

Land Compensation Act 1961 (c. 33)

1In section 5A of the Land Compensation Act 1961—

Compulsory Purchase Act 1965 (c. 56)

2The Compulsory Purchase Act 1965 is amended as follows.

3In section 11 omit subsection (2).

4In section 12(6) omit “, or have paid it into...

5In section 37 for “Subsections (1) and (2)” substitute “...

6Omit Schedule 3.

Forestry Act 1967 (c. 10)

7In Schedule 5 to the Forestry Act 1967, in paragraph...

Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

8In Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1968,...

Land Compensation Act 1973 (c. 26)

9The Land Compensation Act 1973 is amended as follows.

10In section 33A(4) omit paragraph (b).

11In section 52ZC(7)(c) for “, any bond under Schedule 3...

12In section 52A— (a) in subsection (1), omit “Schedule 3...

13In section 57(1) omit “, under Schedule 3 to the...

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

14In section 29(1)(a) of the Local Government (Miscellaneous Provisions) Act...

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

15In section 36(1)(b) of the Ancient Monuments and Archaeological Areas...

Planning and Compensation Act 1991 (c. 34)

16In section 80(2) of the Planning and Compensation Act 1991...

Planning Act 2008 (c. 29)

17In section 125 of the Planning Act 2008, in subsection...

SCHEDULE 17Objection to division of land following notice to treat

PART 1Amendments to Compulsory Purchase Act 1965

1The Compulsory Purchase Act 1965 is amended as follows.

2In section 8 (material detriment arising from severance of land...

3After Schedule 2 insert— SCHEDULE 2A Counter-notice requiring purchase of...

PART 2Consequential amendments

Land Compensation Act 1961 (c. 33)

4(1) Section 5A of the Land Compensation Act 1961 (relevant...

Land Compensation Act 1973 (c. 26)

5In section 58 of the Land Compensation Act 1973 (determination...

Provisions which refer to section 8(1)

6For each of the following provisions substitute, with the same...

7This is the provision to be substituted for the provisions...

New Towns Act 1981 (c. 64)

8In Part 1 of Schedule 6 to the New Towns...

Acquisition of Land Act 1981 (c. 67)

9In the Acquisition of Land Act 1981, after section 2...

Water Industry Act 1991 (c. 56)

10In Schedule 11 to the Water Industry Act 1991 (orders...

Water Resources Act 1991 (c. 57)

11In Schedule 19 to the Water Resources Act 1991 (orders...

SCHEDULE 18Objection to division of land following vesting declaration

PART 1Amendments to Compulsory Purchase (Vesting Declarations) Act 1981

1The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as...

2In section 4 (execution of declaration), for subsection (3), substitute—...

3In section 7 (constructive notice to treat), for subsection (1)...

4In section 8 (vesting and the right to enter on...

5In section 12 (divided land), for “Schedule 1” substitute “...

6Before Schedule 1 insert— SCHEDULE A1 Counter-notice requiring purchase of...

7In Schedule 1 (divided land) omit Part 1 (buildings and...

8In Schedule 2 (vesting of land in urban development corporation),...

PART 2Consequential amendments

9In section 5A of the Land Compensation Act 1961 (relevant...

10In Schedule 6 to the Crossrail Act 2008 (acquisition of...

SCHEDULE 19Amendments to do with sections 203 and 204

Welsh Development Agency Act 1975 (c. 70)

1(1) Schedule 4 to the Welsh Development Agency Act 1975...

Local Government, Planning and Land Act 1980 (c. 65)

2(1) Schedule 28 to the Local Government, Planning and Land...

New Towns Act 1981 (c. 64)

3The New Towns Act 1981 is amended as follows.

4Omit section 19.

5In section 20, for subsection (10) substitute—

6In section 21, for subsection (3) substitute—

Housing Act 1988 (c. 50)

7(1) Schedule 10 to the Housing Act 1988 is amended...

Town and Country Planning Act 1990 (c. 8)

8The Town and Country Planning Act 1990 is amended as...

9Omit section 237.

10In section 245(4), omit paragraph (a).

11In section 246(2), for “237” substitute “ 238 ”.

Greater London Authority Act 1999 (c. 29)

12(1) Section 333ZB of the Greater London Authority Act 1999...

Planning Act 2008 (c. 29)

13The Planning Act 2008 is amended as follows.

14In section 194, omit subsection (1).

15Omit Schedule 9.

Housing and Regeneration Act 2008 (c. 17)

16In Schedule 3 to the Housing and Regeneration Act 2008,...

Localism Act 2011 (c. 20)

17In section 208 of the Localism Act 2011, for subsection...

Infrastructure Act 2015 (c. 7)

18In section 32 of the Infrastructure Act 2015, omit subsections...

SCHEDULE 20Authorities specified for purposes of section 210

1A county council in England.

2A district council.

3A London borough council.

4The Greater London Authority.

5An economic prosperity board established under section 88 of the...

6A combined authority established under section 103 of the Local...

7The London Fire Commissioner.

8Transport for London.

9A sub-national transport body established under section 102E of the...

10A fire and rescue authority in England constituted by—

11An authority established under section 10 of the Local Government...

12A joint authority established under Part 4 of the Local...

13The Common Council of the City of London (in its...

14A National Park authority for a National Park in England....

15The Broads Authority.

16The Council of the Isles of Scilly.

Housing and Planning Act 2016

2016 c. 22

An Act to make provision about housing, estate agents, rentcharges, planning and compulsory purchase.

[12th May 2016]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—