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Planning Bill

My Lords, we shall cover airfields as well in that response. Amendment No. 141A, tabled by the noble Lord, Lord Best, and the noble Baroness, Lady Hamwee, seeks to insert words into Clause 208(2) to ensure that the list of items of infrastructure is not exhaustive. I assure the noble Lord that that is already the case. Subsection (2) already states, ““infrastructure includes””, so his amendment is unnecessary since the effect he seeks to achieve is already provided for. I would ask him therefore to withdraw the amendment. Amendment No. 142BA seeks to delete Clause 208(3). That would prevent us from putting in practice our stated policy, which the noble Lord, Lord Best, supports, of ensuring that affordable housing remains supported by developer contributions through the current system of planning obligations, rather than CIL. If Clause 208(3) is deleted, the CIL regulations would have to provide that CIL can be applied to affordable housing in the first instance. I do not believe that the noble Lord wants that. Subsection (3) is not just about excluding affordable housing; it is also about providing clarity. We can add items of infrastructure into regulations to provide certainty to local authorities. Many of the items listed by the noble Lord, Lord Best, would already be within the meaning of Clause 202(2). I hope that that answers the question. I urge him to withdraw his amendment. I turn to Amendment No. 132A. It is very similar to an amendment tabled by the Baroness, Lady Hamwee, in Committee, but rather than focus on the preparation of the levy, this focuses on the application of the levy. However, my concerns remain the same. It would not be right to place a wide-ranging obligation on partner authorities to co-operate with charging authorities. A duty to co-operate might be unclear in that specific context. For example, the duty here goes further than the duty imposed on partner authorities in relation to local government targets under Section 108 of the Local Government and Public Involvement in Health Act 2007. Where these are incorporated into local area agreements, the duty is simply to have regard to them in the exercise of their functions. The duty relates only to a partner authority where the target relates to its functions. The amendment would make it a positive duty that would be imposed on every partner authority to co-operate irrespective of what functions they have. Amendment No. 142A tabled by the noble Lord, Lord Harris, was not spoken to, so I will not address it.