Planning Bill

They are heroic, but they are beginning to demonstrate some of the flaws of the planning system itself. This part of the Bill deals specifically with how applications are to be examined and we have a number of detailed points that we wish to raise. Although the examining authority may disregard representations in certain circumstances, Amendment No. 269 makes clear the absolute right of interested parties to make oral representations or to cross-examine witnesses without restriction. Amendment No. 270 would make sure that people who had commented in writing during the preliminary public consultation were among those who were invited to the examining authority’s meeting. We accept that this may raise some practical difficulties, but if they are already on the record, they should not be so great. Amendments Nos. 271 and 272 to Clause 85 are also designed to allow oral as well as written representations to be considered, while Amendment No. 273 would make the authority’s examination of representations subject to the right of interested parties to make oral submissions and to cross-examine witnesses. Amendment No. 277 would allow the calling and cross-examination of witnesses about specific issues, and allow the same at open-floor hearings. Amendment No. 281 would remove Clause 92(4)(a), which gives the examining authority the power to decide whether cross-examination is permitted. The power is not appropriate. Amendment No. 282 would leave out Clause 92(7), which establishes the principle that any cross-examination would be by the examining authority, save in exceptional cases. I have had a conversation about this with the noble Viscount, Lord Colville, who has much experience in planning inquiries. He has a concern which I hope the Minister will take into account. If the members of the panel of the commission who are examining an application undertake the cross-examination themselves, he suggests that any decision would be open to a claim for judicial review—whether it would succeed is another matter. If one party or the other—the applicant or the person objecting to the application—does not like the cross-examination, he could accuse the member of the panel of being an interested party in the examination because he also had to judge it. That point needs to be considered. The noble Viscount suggested that rather than members of the commission undertaking the cross-examination, they could employ independent counsel to undertake the cross-examination on their behalf. However, having put that into the debate, it is for the Minister to consider. This is a large group of amendments and I have outlined what they are. I understand that the Minister might be able to give us assurances on some of these matters which might curtail the debate. I do not have any desire to curtail the debate, but we need to make progress. I beg to move.