Planning Bill

My Lords, I hope I can give both my noble friends sufficient assurance on the points raised by the amendments. Essentially the group of amendments tabled by my noble friend Lord Berkeley seeks to change the current provisions in respect of the rights of entry to land set out in Clause 52, particularly those in respect of the right of entry in connection with a proposed application for an order granting development consent. The amendments would add a provision that land may be entered for the purpose of investigating, as well as surveying, the land in connection with an application. In relation to a proposed application, they would add a provision for rights to enter land in the vicinity of the land that is the subject of the application, if it could be adversely affected by the proposals. They would also provide that a person authorised to enter on land should, as well as surveying, be able to carry out ecological or archaeological investigations and give them the power to place on, leave on and remove from land apparatus for use in connection with the exercise of any of those powers. I understand that the amendments are based on provisions that are common in orders made under the Transport and Works Act 1992. Most recently, for example, Article 21 of the Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 contains provisions similar to those my noble friend proposes. However, I emphasise that there is a clear difference between what Clause 52 seeks to achieve and such TWA orders as the one I have mentioned, in that TWA orders grant consent for works to be carried out. As such, they are the end product of the application process, and will already have undergone detailed examination to decide exactly what works should be carried out and where. Having framed my response to the amendment in those broad terms, I shall now address the specific points raised by my noble friend. Amendment No. 81A would add a provision that land may be entered for the purpose of investigating it. I reassure him that we believe the amendment is actually met: the word ““surveying”” is sufficiently broad that it encompasses the meaning of ““investigation””. Amendments Nos. 81B and 81C would apply in relation to a proposed application and add a provision for rights to enter land in the vicinity of the land that is the subject of the proposed application, if it could be adversely affected by the proposals. We think that that is too wide a power for such an early stage in the process—that is, before an application has been made. The precise detail of the works may change during the examination stage, and the final order may be different in important respects from what was envisaged at the pre-application stage. I draw my noble friend’s attention to Clause 96, which makes clear that the examination procedure rules may provide for the examining authority, alone or with others, to enter on to land, including land owned or occupied otherwise than by the applicant, for the purpose of inspecting it as part of the examining authority’s examination of the application. Rules under Clause 96 can therefore provide for the IPC to enter land, including land neighbouring the land that is the subject of the application, to determine what the impacts of the works will be and how they should be mitigated. I hope that meets his second point. Amendment No. 81D would provide that a person authorised to enter on land should be able to carry out ecological or archaeological investigations and place on, leave on and remove from land apparatus for use in connection with the powers in Clause 52(3). I have two points in relation to that. First, as I said earlier, ““survey”” should be understood broadly. I reassure my noble friends that it can certainly mean archaeological and ecological surveys. Secondly, I note that Clause 52(3) concerns the power to, "““search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals or other matter in it””." That ““other matter”” means any other subsurface matter, including any archaeological features. Clause 118 and Schedule 5 provide that development consent orders can make provision relating to matters ancillary to development, which can include the sorts of provisions about which my noble friend is concerned—for example, carrying out surveys or taking soil samples; the removal, disposal or re-siting of apparatus; and mitigation of the adverse impact of development on property. Therefore, at the stage when consent is granted, full rights of access to relevant land can be authorised. I believe that this fully meets the intentions in my noble friend’s amendment. The Bill brings together a number of different consent regimes, as he knows. In doing so, it is necessarily similar to each in some ways and different in others. However, the provisions are robust and thorough, and effectively address the needs of promoters. I hope he agrees with me on that, and that he will be able to withdraw his amendment.