Planning Bill

My Lords, I assume that my noble friend is talking about a project that is already over that threshold. I would rather write to him about those specifics, because one has perhaps to distinguish between a major expansion and what might be a minor change. Rather than giving him an answer on the hoof, I would like to come back to him on that point. On whether wave and tidal power can be considered under a national policy statement, I understand that, as technology is already being developed for large projects, the NPS will cover them. Where renewable energy is concerned, I agree with what was said about the general potential of marine and wave technology. The other important point is that the UK has a lead at present in that technology. It is important to do everything that we can to ensure that we take advantage of that lead, so I very much agree with the noble Lord. Finally, on the question of the MMO being a statutory consultee, I point out that Clause 42 sets out a duty on applicants applying to the IPC for planning consent to, "““consult … about the proposed application””," and prescribes the persons to be consulted. Amendment No. 71 in the name of the noble Earl, Lord Cathcart, would include ““the relevant marine body”” among those to be consulted, which is an ingenious way of referring to the marine management organisation. I reassure the noble Earl that certain persons who must be consulted on pre-application consultations will be prescribed in secondary legislation flowing from the Bill. It is our clear intention to prescribe relevant marine bodies in such secondary legislation, including—in due course and subject to all the caveats to which I referred earlier—the marine management organisation, should it be established. Amendments Nos. 84 and 85 would include the MMO within Clause 59, which makes provision in relation to local impact reports. I well understand that these amendments would then require the IPC to give notice in writing to the ““relevant marine body”” that it has accepted an application and to invite that body to submit a local impact report for a nationally significant infrastructure project where the application is wholly or partly for a coastal or offshore development. This is not the right place for such a duty to be placed on the IPC. The term ““relevant marine body”” is not defined and it would be difficult for the IPC to interpret it as it stands. If the intention is to have the IPC notify the marine management organisation, that should properly be a provision in the marine Bill. I well understand that the noble Lord, Lord Greaves, has already given notice that we will come back to that in due course. Moreover, provision for the IPC to consider local impact reports was added to give due prominence to democratically elected local councillors who represent local people affected by the proposed project. The case for the MMO is somewhat different, but I want to reassure noble Lords that the MMO will not be ignored by the IPC. Given that the MMO will be the Government’s strategic delivery body in the marine area, the IPC will be expected to draw on its expertise when assessing proposals for nationally significant infrastructure—for instance, when considering what conditions might be appropriate to mitigate any negative impacts on the marine environment. Detail as to how the IPC will receive advice from the MMO will be covered in guidance under this Bill, and in a Memorandum of Understanding. When taking decisions in relation to marine provisions, the IPC will have to comply with its obligations under the Planning Bill and the marine Bill. The provisions of the marine Bill will, of course, take account of the final form of the Planning Bill. Amendment No. 102 would amend the decision test of the IPC so that it would have to have regard to marine plans. Again, the national policy statements will be the primary factor for IPC decisions in the new single consent regime, because they will clearly set out our national policy on, and the national need for, infrastructure, but only after they have been consulted on and scrutinised by Parliament. Clause 102 also provides that national policy statements will not be the only factor, because the IPC must have regard to the local impact reports from local authorities, other matters that may be set out in secondary legislation and any other matter that the commission thinks is important and relevant to its decision. Even when the application is in accordance with the national policy statement, the IPC could well decide that a particular application for a proposed project was not appropriate because it would be unlawful or result in the UK being in breach of any duty imposed on it by or under any enactment. The IPC would still consider issues specific to the application at the local stage, such as detailed layout, siting or access, as well as the environmental impact. If it decides that the adverse impact of the development outweighs its benefits, it can refuse consent. One matter that we will prescribe is that the IPC must have regard to relevant marine plans and the marine policy statement. We intend that the MMO will provide particular assistance to the IPC during the examination, not least by advising it as to any requirements that should be placed on a deemed marine consent that the IPC is considering granting. At the decision stage, we want the IPC to decide on applications in accordance with the national policy statement, except when certain specified circumstances arise. That principle should apply to projects offshore in the same way as to projects onshore. We believe that decision-making on nationally significant projects should fall to the IPC, but it will have the advice available of the proposed marine management organisation. We wish the expertise available to go forward into the new organisations and we have order-making powers to ensure that appropriate consultation takes place. We can anticipate lively debate when that Bill comes to your Lordships’ House at some stage in future.