Of course, my Lords, it is a detail; it is an illustration. All noble Lords have said that they felt that the context of this debate was the influencing of all planning decisions. This planning section of the Bill deals with just those issues, when it comes to local decisions being made in the context of sustainability. That is why it is important to understand the implications of the detail of the amendment and why—without my arguing with the general principle—there may be deficiencies in it as it has been presented by my noble friend and supported by a number of noble Lords.
Amendment 147FD is formulated slightly differently but in essence applies the same set of expectations on plans, most—but in this case not all—decisions under the planning Acts, and policy or guidance issued by the Secretary of State relating to planning functions. The amendment, like Amendments 147FC and 147FE, risks pushing to and beyond the limits of planning. I have no difficulty with the five principles of sustainable development promoted by the previous Government, but they risk loading on planning more than it can deliver. Would all five have to be met by any development proposal? How would, for example, someone extending their home demonstrate that they are promoting good governance?
Amendment 147FE focuses on the planning regime for major infrastructure—the noble Lord, Lord Berkeley, referred to a project here in London. It proposes a number of changes to the existing legislation, including extending the sustainable development duty currently applicable to the preparation of national policy statements to all decisions on applications relating to major infrastructure. In this, it is consistent with Amendment 147FC and mirrors Amendment 147FD. It therefore has the same pitfalls.
For example, applying the sustainable development duty at the decision stage could introduce great uncertainty, because it would require the decision-maker to second-guess policy in the national policy statements, which will have been scrutinised and secured Parliamentary approval. By applying the sustainable development duty in the way proposed, the amendment could unintentionally undermine our efforts to deliver energy security.
I remind the Committee that we already have sustainable development duties applicable to the planning system. These are as follows. For major infrastructure, the duty applies to national policy statements for good reason. These national policy statements set out the policy framework for decisions on major infrastructure and integrate the Government’s objectives for infrastructure capacity and development with its wider economic, environmental and social policy objectives, including climate change goals and targets, in order to deliver sustainable development. We also have a planning duty on sustainable development in the Town and Country Planning Act system. The duty applies to those preparing plans, which in turn bears on planning decisions.
The noble Lord, Lord McKenzie, emphasised how important it was that we have a future debate on these subjects with the NPPF available to us. I am sure that it will inform such debates and will be greatly to our advantage. I have not seen any text on this document at present. However, we know that the current duties within the planning system work. They avoid the risks that these amendments pose to the Bill and I hope that my noble friend will feel free to withdraw the amendment.
Localism Bill
Proceeding contribution from
Lord Taylor of Holbeach
(Conservative)
in the House of Lords on Thursday, 7 July 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Localism Bill.
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