Planning Bill

My Lords, I am glad to respond to the noble Baroness on this matter. She has raised an important point and it is important at the very least that I place on record the Government’s view of the intent behind the clause. As she suggested, Clause 14 sets out in broad terms what types of project will be nationally significant infrastructure projects for the purposes of the Bill. The detailed thresholds for each type of project are spelt out in subsequent clauses. It is right that the Secretary of State should have the ability to make secondary legislation at a later date, as provided for at Clause 14(3), in order to respond to the changes in circumstances that may arise. That flexibility is an important balance to the other provisions in the Bill. One may ask why that flexibility would be required. First, it provides flexibility to add new projects where Ministers feel that there is a good case for so doing. That might be by varying the existing thresholds or by adding an entirely new category of project. The safeguard is that a new category of project can be included only if it involves the carrying out of works in one or more of the five fields set out in Clause 14(6): energy, transport, water, waste water and waste. An example might be a project that deals with the geological disposal of higher-activity radioactive waste, should Ministers decide that such a project should be considered nationally significant. The second aspect would be if Ministers wished to remove projects from the new regime if, for instance, circumstances change and there is a good case for taking certain decisions out of the new regime. In such a scenario, the thresholds could be reduced or a category of project removed. Regardless of the change, this power is subject to an affirmative resolution in both Houses. Unless both Houses agree that such infrastructure should or should not be considered nationally significant, Ministers would be unable to make the proposed changes. That is the essential safeguard against what might be described as a frivolous use of this power to get around a particular problem, say, with a local authority’s decision in relation to a specific planning consent. Taken in the round, first, there are enough safeguards and, secondly, it is self-evident that none of us can say for sure whether the thresholds will continue in the long term to meet the purpose or whether there might not be a new development that, although it comes within the categories laid down in this clause, would justify the flexibility inherent in this clause.