It is hard to understand why the Planning Bill, having gone through all its procedures thus far, has had a hugely important new schedule incorporated into at this late stage. The new schedule has far-reaching effects. I cannot think of another Bill containing provisions to correct errors in the way in which this one does. Normally, such significant changes or such significant powers would be available only to a court, but the IPC would be able to say to a promoter, ““ Sorry chaps, we got it wrong, and we will correct it now”” or, ““No, you have to go through the whole thing again.”” Under this new schedule, it would depend on a whim as to whether or not the IPC would require the promoter to go through the whole process again. The decision would be arbitrary, which is extraordinary.
I would be grateful if the Minister could give us some indication of the Government's thinking as to how the provision came about. In what circumstances would he expect the IPC or the Secretary of State making the order to be able to modify that order, and to what scale would that be possible? How serious would the circumstances need to be for the order to be revoked altogether and for the poor old promoter, who would probably have spent many years and many thousands of pounds—probably hundreds of thousands of pounds, or perhaps even millions of pounds—on the project, to have to go through the whole process again. This very serious matter would normally, under other Acts of Parliament, be considered by the courts, so I am not sure why it is being delegated to the IPC or to the Secretary of State.
Planning Bill
Proceeding contribution from
Geoffrey Clifton-Brown
(Conservative)
in the House of Commons on Monday, 2 June 2008.
It occurred during Debate on bills on Planning Bill.
About this proceeding contribution
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476 c567 Session
2007-08Chamber / Committee
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