My Lords, the amendment has been justified and we have had a full and persuasive explanation of the Government’s policy from the Minister. As I said at the beginning, there was no argument over the great mass of the detail, which is essential for bringing into effect the infrastructure projects with which the first part of the Bill is concerned. However, there needs to be a long-stop and I wonder—we are not in Committee and so I cannot ask questions—whether there is a procedure whereby a decision of the commission could be challenged on the grounds that it may have made an unreasonable and disproportionate use of this power. If there was such a long-stop, where people could say that a matter was going too far and persuade a court that it was right to challenge a decision, then one would have the kind of protection that I am looking for, as against a major change in the law simply made by an appointed body.
I shall need to consider this matter. The Minister kindly said that he will continue to think about it. I will continue to think about it and we may need to come back to it at Third Reading. In the mean time, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendments Nos. 121 to 121B not moved.]
Schedule 5 [Provision relating to, or to matters ancillary to, development]:
[Amendments Nos. 121C to 121G not moved.]
Planning Bill
Proceeding contribution from
Lord Jenkin of Roding
(Conservative)
in the House of Lords on Monday, 10 November 2008.
It occurred during Debate on bills on Planning Bill.
About this proceeding contribution
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705 c542 Session
2007-08Chamber / Committee
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