UK Parliament / Open data

Planning Bill

I wish to speak to various amendments in this group. I, too, support the noble Lord, Lord Judd, in his appeal to include national park authorities as local authorities. In a way, they themselves are national infrastructure projects of huge importance. It is correct that, as great contributors to the quality of life in this nation, they should be consulted on projects. My Amendments Nos. 189 and 192 are about whether parish councils should be consulted by the applicant. I was very disappointed by the Minister’s response to my submission on these amendments on Tuesday, so, I fear, I must make them again more strongly. Parish councils are part of local government; they are elected; they raise a precept; they are statutory consultees on planning applications. They are a local authority, so it seems strange that they should not be included in the definition of a local authority. They are also a tier of local government to which this Government have given considerably enhanced credibility in recent years, trying to raise their prowess, abilities and standing, particularly in the light of the desire in certain cases for unitary authorities—in that context, in some larger counties, parish councils will play a very prominent part. Parish councils are often at odds with their district or county council. The noble Baroness, Lady Andrews, said on Tuesday that district councils would decide whether parish councils should be consulted. That is a very strange concept. To put it into an urban context, let us assume that an applicant has decided to build a reservoir at Wembley to enhance the water supply for Westminster. Actually, let us not take Wembley, which is only 10 miles away; let us say Slough, which is much more applicable as a large district or county council. It is like saying that Westminster Council will decide whether the citizens of Slough should have a say in the matter when they are the ones who will be flooded and have their landscape changed to give water to the council. Such a situation is inconceivable, but it is an exact replica of what is proposed here: district councils, which are often 20 miles away from a parish council, are to decide whether locals should be able to respond to an application. Perhaps, as proposed in my amendment on Tuesday, including parish councils as consultees on site-specific national policy statements is a step too far, but, given all the emphasis that the Government have placed on parish councils in recent years, I hope that the noble Baroness will be able to accommodate my amendments in respect of consultation by the applicant or indeed the IPC. My Amendment No. 203 is about the applicant’s response to consultation and publicity. I still have slight doubts about this process. Is it right that a pre-consultation process should be run by the applicant, who will undoubtedly be driven by making profits from the project and so could easily be influenced by the wish to maximise returns? It would be beneficial to the applicant to cut corners or to minimise the mitigation measures sought by locals. I wonder whether this process will get off to a good start by having the body that would make money out of creating a nuisance ask locals and others what they think about the creation of that nuisance. While I cannot think of any other way to do it, Clause 48 needs tightening. Applicants should have to spell out not only all the responses they get, but what they have done to accommodate them or, ultimately, why they were unable to resolve the problems. I support Amendment No. 188 of the noble Lord, Lord Taylor, who spoke to this group of amendments on Tuesday. The management of our seas, the marine environment that surrounds our sceptred isle, is as important as the management of our land itself. It is not to be undertaken without expertise or a holistic approach. While we have 50 years’ experience of planning land development, it is a sad reflection of the ““out of sight, out of mind”” approach to our oceans and seascape that there has in the past been relatively little thought given to planning considerations for our oceans. With the Marine Bill around the corner, I raise my voice in support for a seamless approach to the overall management of our seas and seabeds. I also put my name to Amendment No. 197, on the time for individuals’ responses to the applicant’s consultation. It is currently 28 days, and the amendment would make it 56 days. First, I support the principle of a deadline; it is important that we are trying to expedite these projects as quickly as possible. However, 28 days is not enough. There is a lot of work to be done by a consultee. Sometimes it takes 28 days to get a response from a lawyer, and there will be professionals involved. In fact, in my experience of responding to planning applications, or submitting my own, a lot of people are involved. Sometimes there are engineers, landscape consultants, experts in badgers or bats, highway engineers and so on. It is important that you consult with your neighbourhood to put in a co-ordinated response, and 28 days is too short—even if none of the aforementioned people or professionals are not on holiday for 14 of them. I think that 56 days is pushing it, but the desire is to try to speed these application processes up. I commend that amendment to the Committee. I shall not move Amendment No. 199A, because I had misinterpreted the issue. I did not realise that it was about responding to the applicant’s proposals to consult rather than the applicant’s consultation itself.

About this proceeding contribution

Reference

704 c833-5 

Session

2007-08

Chamber / Committee

House of Lords chamber

Legislation

Planning Bill 2007-08
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