Planning Bill

My Lords, I shall try to address comprehensively Amendment No. 69A, moved by the noble Lord, Lord Jenkin. I shall set the scene for a moment by saying that the amendment would amend the Planning and Compulsory Purchase Act 2004 to ensure that the policy set out in a regional spatial strategy must have regard to national policy, including national policy statements, when development plans are prepared. It would require local planning authorities to have regard to national policy statements in addition to other national policy when preparing their development plans, and would require them to give primacy to policies in the latest national policy statements over existing policies within a development plan. We understand the concerns and intentions behind the amendment. However, let me explain why we believe that they are unnecessary and, I hope, reassure him and other noble Lords. Under the 2004 Act, regional planning bodies and local planning authorities must have regard to all national policies and guidance when preparing development plans. National policy statements will, by being what they are, naturally fall into the category of national policies and guidance, so there is no need for them to be specifically referenced. Of course, any national policy, including national policy statements, will need to be taken into account in the development of the regional and local plans that follow them. Indeed, there is a statutory requirement, under Sections 5(3)(a) and 19(2)(a) of the Planning and Compulsory Purchase Act, for regional planning bodies and local planning authorities to have regard to national policies and guidance when preparing development plans. Once a national policy statement is established, it should be reflected as appropriate and relevant in development plans, including regional spatial strategies and local development frameworks. In cases where development plans have not yet been updated to take account of a particular national policy statement, any relevant new policy in the NPS should be taken into account by the local planning authority as a material consideration in decisions on development applications. Given that the Planning and Compulsory Purchase Act relates to the decision-making framework for the Town and Country Planning Act, we do not consider it appropriate to put an NPS on the same statutory footing as a development plan. It would not be wise for NPSs to be given absolute primacy in local plans, which is what the amendment would achieve. The planning system is based on planning authorities having the flexibility to adapt national policies to local situations and local needs. While national policies clearly need to be reflected in local plans, we believe it is better to allow planning authorities to weave national policies, which would include national policy statements, into their local plans in their own way. For example, a local authority for an urban area might interpret a package of national policies, including national policy statements, which were not locationally specific differently from a planning authority for a rural area of outstanding natural beauty. In either case, they will have to have regard to the national policy statement but it will apply differently in their respective areas. There are other safeguards. The Secretary of State has powers to make changes to a regional spatial strategy where a planning authority has ignored a relevant NPS in its preparation. With respect to the preparation of local development frameworks, documents are reviewed by an independent examiner who must be satisfied that they accord with national policy. Recommendations made by the examiner are binding. The Secretary of State also has the power to direct local authorities to make changes to documents and can, ultimately, call in the document and prepare it herself. National policy statements are aimed primarily at providing a framework for the IPC to take decisions on major infrastructure projects. In addition, the planning White Paper indicated that national policy statements may also set out policies of relevance to local planning authorities taking decisions on smaller infrastructure applications, particularly with regard to renewable energy. The recent consultation on the national renewable energy strategy outlines the Government’s proposals for meeting the UK’s share of the EU-wide target for renewable energy. The consultation document on the strategy made clear our proposals for delivering renewable energy consents via the NPS and the town and country machinery, which I have just outlined. It makes clear the important role that planning plays and what we expect from good planning. Building on current policies, it sets out a number of ways in which improvements could be made to how renewable energy projects are planned and consented. I should say to the noble Baroness, Lady Hamwee, that NPS preparation will take account of existing government policies, including PPSs where relevant. Once a national policy statement is completed the relevant PPS may need to be updated, as appropriate, to reflect the national policy statement. I hope that reassures the noble Lord and that he will withdraw the amendment.