My Lords, I rise primarily to speak to Amendment 102D, to which my name is attached, but I cannot resist commenting on the paean of praise from the noble Lord, Lord Deben, for landowners. I could not help thinking that he might have a desire to involve the local planning authority if a large basement were being dug underneath his property or someone was proposing a building that did away with most of the light that fell on his property. I think then he might develop a bit of enthusiasm for planning, as opposed to the rights of landowners.
I accept the right to experiment, but to say that, because we, on this side of the Committee, suggest that there could be some problems with the idea and that we would like to subject it to scrutiny, it somehow means that we are totally Luddite or that we are opposed to any experimentation whatever, is a trifle over the top. I do not know whether my name says that I am young enough to meet that compliance, but I hope that my attitude is, anyway; so on the assumption that this might go through, the purpose of the amendment is to raise a perfectly legitimate and necessary concern. Whoever it is contracted to, the final decision—and legislation should be very explicit on this—must come back to the local authority. It must come back to the elected people to make that decision. That might be infuriating—on many occasions it is. There is a development going on in my area that has taken three years up till now. I would not blame the planners; a group of nimbys are doing their best to ensure that this development does not take place, but that is what you get with local democracy.
It is right to be sure. I looked at the phrase in the Bill that I assume the Government put in as a safeguard. It says:
“The regulations must provide that the option to have a planning application processed by a designated person … does not affect a local planning authority’s responsibility for determining planning applications”.
I can see that that is what this is about. The phrase, “does not affect” ought to be stronger than that; that is why I am supporting this amendment.
Finally, I hope that the Government will ensure—after all the consultation and the pilots—that there is clear government guidance for whoever is to carry out this work. There should be declarations of interest and an ethical responsibility in the way the work is carried out. Those are legitimate concerns, some of which were expressed by the noble Lord, Lord Greaves, and my noble friend Lord Beecham.