UK Parliament / Open data

Localism Bill

I assure my noble friend Lady Hamwee that this is at the heart of what we are trying to achieve. The Government are not seeking to railway—I am looking at the noble Lord, Lord Berkeley, and I immediately think of railways—railroad this through. They want it to be a proper discussion document because it is going to be at the heart of the planning process. Indeed, community involvement is going to be vital in the planning system at the local level where plans are created and decisions are taken. Community engagement is embedded at the heart of the planning process through tools, such as the statement of community involvement, to ensure that local people are involved in the shaping of their area. There is no need formally in legislation to forge a link between the framework and sustainable development because the latter has long been the basis for all planning policy, as I said in the previous debate. It will be a core principle of the new framework. The noble Lord, Lord McKenzie, asked about where plans are not up to date. The NPPF will be able to provide a clear basis for determining applications. It will be up to decision-makers to decide the weight to give to the plan and the NPPF in each case. I understand the desire to put a presumption in favour of sustainable development on a statutory footing as it should be central to the way the reform of planning policy works, but in making it central to the NPPF, as we propose, we believe we can do that without creating conflicts with existing legislation, as this amendment would do. For example, we could not, as proposed here, require in law all individual proposals to be approved wherever possible and still have a plan-led system. Turning to the proposals put forward by the noble Lord, Lord Berkeley, the transport planning policy has been set out within the national policy. This is the best place to spell out how the impact of new development should be considered through the planning system. Legally, decision-makers must have regard to national policy where it is material to their decision, and transport issues are one of the material considerations routinely taken into account. Importantly, policy is more flexible and more capable of responding swiftly to changes in circumstances than legislation. Therefore, I do not think it is appropriate to make changes to transport policy through legislative means, particularly when the Government are due to publish the NPPF, which will include transport policy. If changes are required to transport policy, they should be carefully considered as part of that consultation and, if appropriate, taken forward through the NPPF. Moving to the next issue, the proposal that the NPPF should be able to trump all other plans where there is an inconsistency fundamentally changes the way the plan-led system is designed to operate. At local level, this is unnecessary and deeply centralising. Section 19(2) of the Planning and Compulsory Purchase Act 2004 means that local plans should be prepared having regard to national policy, which will include the new NPPF. The Planning Act 2008 requires decisions on major infrastructure projects to be taken in accordance with any relevant national policy statement. There is a national need for a new infrastructure, and it is essential for growth. That is why the Government are establishing what is needed and how planning decisions should be taken for those national-level schemes that will have impacts and benefits beyond the local area. Each infrastructure sector is different, which is why we are urgently pressing ahead with sector-specific national policy statements rather than a single national policy statement to cover all sectors.

About this proceeding contribution

Reference

729 c454-5 

Session

2010-12

Chamber / Committee

House of Lords chamber

Legislation

Localism Bill 2010-12
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