Planning Bill

As we have heard from the Under-Secretary, these amendments provide a framework for the change of and revocation of orders granting development consent. The IPC, or the Secretary of State if they are the decision-maker, may make a change to a development consent order, if they are satisfied that the change is not material. As we have heard, the application for a change to the order may only be exercised on an application by the original applicant or his successor in title, a person with an interest in the land or any other person for whose benefit the development consent has effect. In the case of an application by someone with an interest in only part of the land, the order may be made in respect of so much of the original land as is affected by the order. The new schedule also contains a power for the appropriate authority to amend or revoke a development consent order, if that authority is satisfied that the order contains a significant error and it would not be appropriate for the error to be corrected by means of the power to which I have just referred. I would be grateful if the Minister could indicate the sort of circumstances in which it would not be appropriate for the error to be corrected by means of the exercise of that earlier power, because although the power may be exercised on an application made by the applicant or his successor in title, it may also be exercised, as we have heard, on an application by any other person with an ““interest in the land”” or"““any other person for whose benefit the development consent order has effect.””" Thus, this is potentially a draconian power, which could cause enormous loss to the applicant or to the promoter of the project. As far as I can tell, no provisions are contained in new schedule 4 for representations to be made by any person who may be aggrieved by the revocation of the order. It might be that those will be made pursuant to regulations that will be made when the Bill is enacted, but I would be grateful if the Minister were to confirm that in such a circumstance provisions would be made for representations to be made by a person who is aggrieved or who could be aggrieved by the making of such an order. The Secretary of State or the commission, whoever is the decision maker, may also change or revoke the order on its own motion if satisfied that the developments, if carried out, would contravene community law. The potentially draconian nature of the power is made clear in paragraph 5, which includes a power"““to require the removal or alteration of buildings””" or"““discontinuance of a use of land””." We are talking about projects of major national infrastructure, so it is possible, and indeed likely, that the downsides of any revocation of such an order will be enormously expensive. Paragraph 6(5) provides that the Secretary of State may make regulations about"““the assessment of compensation payable under this paragraph.””" Paragraph 6(1)(c) provides that the loss or damage in question must be ““directly attributable”” to the change or revocation. Does that refer to pure economic loss, or would other sorts of losses be the subject of compensation? Furthermore, what of loss that is not directly attributable to the change or revocation? I assume from what the Minister has said that such indirect loss would not be the subject of compensation, but it may be difficult to ascertain whether a loss is directly or indirectly attributable. Will the regulations that are to be made make provisions that will be of assistance with regard to disputes that may arise in connection with determining whether a loss is, for the purposes of the Bill, to be regarded as direct or indirect? Given that that question is of such great significance, it is perhaps surprising that these provisions have only recently been introduced into the Bill. For the reasons that I have just outlined, I am by no means convinced that the procedure that has been set up is entirely watertight, and I look forward to the Minister's response to the points that I have raised.