Planning Bill

All these amendments relate to the range of issues that can be covered by an order granting development consent. Our principle of action in relation to them all is simple: the IPC should be able to make provision in development consent orders for all the matters required to develop a nationally significant infrastructure project. Clause 116 and Schedule 5 itemise a large number of such matters and the noble Baroness, Lady Hamwee, went through quite a number. However, I can assure the Committee that they are all rooted in matters that are already available in current legislation on infrastructure development and which experience has shown are necessary for promoters to build the infrastructure for which consent is being given. The specific provisions have been drawn very closely from Schedule 1 to the Transport and Works Act 1992 and from the Harbours Act 1964, although all the other existing consent regimes have had an influence on the provisions of both Clause 116 and Schedule 5. Amendments Nos. 359A and 360 to 368 raise the issue of matters ancillary to development. The test of whether something is ancillary to a development depends on the functional relationship between that matter and the development. A certain amount of common sense needs to be applied to the question, but, in general terms, something will be ““ancillary”” if it is needed for a development to proceed in practical terms. As with existing Transport and Works Act orders, there should be flexibility for development consent orders to cover these matters and other particular issues relevant to an application. The key here is flexibility, without which the single consent regime will not work. I have a table which I can pass to the noble Baroness, Lady Hamwee, and the noble Lord, Lord Dixon-Smith, of all the matters itemised in Schedule 5 on page 162 of the Bill, a number of which the noble Baroness went through. They are closely modelled on existing provisions. I will write to the noble Baroness and the noble Lord, as well as to the noble Lord, Lord Jenkin, who takes a keen interest, and other Members of the Committee, with a whole list of the powers and show how they are drawn, but I shall run through a few to give a flavour of our approach. The first paragraph in Schedule 5— "““The acquisition of land, compulsorily or by agreement””—" is modelled closely on Schedule 1 to the Transport and Works Act 1992 and Schedule 2 to the Harbours Act 1964, because the compulsory acquisition of land is almost always required for the construction of a nationally important infrastructure project. Such orders are very common provisions in Transport and Works Act and Harbours Act orders. They have been used recently in the case of, for example, the River Tyne (Tunnels) Order 2005, the Network Rail (Thameslink 2000) Order 2006 and the London Gateway Port Harbour Empowerment Order 2008. The second paragraph in Part 1 of Schedule 5— "““The creation, suspension or extinguishment of, or interference with, interests in or rights over land (including rights of navigation over water), compulsorily or by agreement””—" is again modelled closely on Schedule 1 to the Transport and Works Act 1992 and Schedule 2 to the Harbours Act 1964, because interference with rights over land is a common provision in Transport and Works Act and Harbours Act orders. The three examples that I gave in respect of the first matter—that is, "““The acquisition of land, compulsorily or by agreement””—" all apply in relation to the second. Paragraph 4 of the schedule— "““Carrying out specified excavation, mining, quarrying or boring operations in a specified area””—" is closely modelled on Section 5 of the Gas Act 1965, because it is a specific consent required from the Secretary of State where mining operations are planned in the vicinity of an underground gas storage facility. It would not make sense for promoters of nationally strategic important infrastructure projects to require this power from the Secretary of State when the relevant consideration can be handled by the IPC. I could go through the list. I hope that I have thereby satisfied the Committee that we are seeking to move to the IPC the power to give consents on matters ancillary to developments. It is closely modelled on the existing regime that applies in legislation governing consents in particular areas, of which the most important examples are the Transport and Works Act 1992 and the Harbours Act 1964. However, I shall circulate the whole list to Members of the Committee. If they wish to engage in a dialogue with me about specific items in it before Report, I would be glad to do so.