My Lords, our proposals for national development management policies have attracted considerable debate and rightly so, given the important role they play in our planning process. I welcome the thoughtful contributions made today, although I should be clear at the outset that I am not convinced that a compelling case for these amendments exists.
Amendment 186 in the name of the noble Baroness, Lady Hayman of Ullock, would mean that several considerations would need to be weighed up by decision-makers where a conflict occurs between plans and the national development management policies. While I appreciate the intention behind this amendment, it would create a more complex and uncertain task for decision-makers, as it does not provide a clear indication of how any conflict should be resolved, nor how the local authority—as the decision-maker in most cases—is meant to take local authority views into account. The
end result is likely to be additional planning appeals challenging local decisions, something our clauses aim to reduce.
Turning to Amendment 188 in the name of the noble Baroness, Lady Taylor of Stevenage, I am unsure what a further statement explaining the relationship between the national development management policies and other planning documents would add. The consultation launched in December last year gave details of what we expect the national planning management policies to do, how they would relate to other aspects of national planning policy and how they relate to plans. In addition, our debates on this subject have helpfully provided further opportunities to make our intentions clear. I want to reassure the House that we are committed to further clarification wherever necessary, which we will do when we respond to that consultation, and again when draft national development management policies are themselves published for consultation.
I must respond to the view of the noble Baroness, Lady Taylor, that NDMPs are moving us towards a zoning system. This is not the case at all. We have been clear that NDMPs will cover generic decision-making matters. They will not impinge on the way authorities allocate land or protect certain areas.
Turning next to Amendment 189 in the name of my noble friend Lord Lansley, I agree that national development management policies should have clear and specific roles, but I am not sure that this amendment is necessary as a means of achieving that. National development management policies will, by virtue of the role they are given by the Bill, cover matters which are relevant in the determination of planning applications. At the same time, a legal limitation of the sort proposed here might constrain the scope of particular policies to be used for that purpose, in a way that would become apparent only through the exercise of preparing them. We have been clear that the scope of national development management policies will not stray beyond commonly occurring matters which are important for deciding planning applications. December’s consultation confirmed that they would
“not impinge on local policies for shaping development, nor direct what land should be allocated for particular uses during the plan-making process. These will remain matters for locally produced plans.”—[Official Report, 17/1/23; col. 1806.]
Amendment 190 in the name of the noble Baroness, Lady Thornhill, returns us to the question of participation in producing national development management policies. This is an important consideration and I agree that these policies should be open to proper scrutiny. At the same time, we need to do this in a way which is both effective and appropriate.
Clause 87 imposes an obligation on the Secretary of State to ensure that such consultation and participation as is considered appropriate takes place. We have been clear, through December’s consultation and in this House, that full consultation will be carried out before these policies are designated. This will build on the initial questions on the principles underpinning these policies, which we posed in December’s consultation, and will in due course give everyone with an interest—whether specialist bodies, local authorities, the public or parliamentarians—the chance to consider and comment
on detailed proposals. National development management policies will serve a broader purpose than the National Policy Statements, which are used for major infrastructure projects. They will not be used solely by Ministers for decisions on nationally significant schemes, so it is right that we are placing the emphasis on proper engagement as a way of testing our thinking.
I reiterate: we have made it clear that national development management policies will be consulted on, other than in the exceptional circumstances we have previously discussed. This will give parliamentarians and everyone else with an interest the opportunity to scrutinise and comment on proposed policies. That is why broad engagement on the proposed content of the national development management policies is appropriate and will take place. With that, I hope that the noble Baroness, Lady Hayman of Ullock, will agree not to move Amendment 186, and that other noble Lords are content not to move their amendments when they are reached. With that, I ask the House to agree Amendment 184A in my name formally.