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Housing and Planning Bill passes back to the Commons 27/04/2016

Final changes were made to the Housing and Planning Bill during the Third Reading of the Bill in the House of Lords on Thursday 27 April. The Bill, as amended, will now go to the House of Commons for consideration of the Lords' amendments.


In all, the government suffered defeats on 12 amendments to the Bill proposed by Peers during its passage through the House of Lords:


  1. Councils to decide the mix of Starter Homes locally
  2. Buyers forced to repay percentage of Starter Homes discount if sold within 20 years.
  3. Rules around sales of higher-value council homes to come before parliament.
  4. 'Pay to stay' to be voluntary for councils.
  5. Taper rate for 'pay to stay' to be set at no more than 10p in every pound over threshold.
  6. 'Pay to stay' threshold increased to £40,000 a year (£50,000 in London) with thresholds to be raised in line with the Consumer Price Index every three years.
  7. Neighbourhood right of appeal for local forums and parish councils.
  8. Permission in principle to apply only on 'housing-led' developments.
  9. Developers required to contribute affordable housing on sites of ten homes or less.
  10. A requirement for all new homes to be carbon compliant from April 2018.
  11. Measures to ensure better drainage to prevent flooding - including ending the automatic right of developers to connect to existing sewerage pipes
  12. A requirement for like-for-like replacement of high-value council housing sold with social housing.


The government also introduced amendments at Third Reading to provide for "one-for-one" replacement of high-value council housing outside London; and the granting of discretion to councils to offer fixed-term tenancies for longer than five years to be specified in statutory guidance but likely to include lettings to families with school age children, older people and those with disabilities or long-term illnesses and those who care for them.


ARCH Policy Adviser, Matthew Warburton, has produced a detailed briefing paper on the changes to Part 4 of the Bill (Provisions relating to Social Housing in England) as the Bill now stands following the Third Reading in the Lords.


It seems unlikely that the government will accept all of the amendments to the Bill made by opposition and cross-bench Peers in the Lords. However the government will be under pressure to ensure that the Bill does not spend too long in "ping-pong" between the Commons and the Lords and that the Bill receives Royal Assent as soon as possible.


View the Bill as amended at Report Stage in the Lords.

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