Localism Bill

Debate between Lord Boyd of Duncansby and Lord McKenzie of Luton

Monday 31st October 2011 Lords Chamber

[Lord Boyd of Duncansby]

My Lords, I declare an interest as a Scottish solicitor who is registered as a foreign lawyer in England and Wales. I also have an interest in planning. I thank the noble Earl for bringing forward Amendment 53, which deals with a real anomaly. I also support my noble friend on Amendments 87 and 88. Much of what I would say has already been said, but I shall just add a couple of points.

On the special parliamentary procedure, on Report my noble friend Lord McKenzie expressed some reservations about the abolition of what was perhaps seen as a protection. However, the point that my noble friend Lord Berkeley has made is that it is a heavier regime than that which pertained under the Transport and Works Act and the Harbours Act. Therefore, it seems curious that we have made the development consent orders regime more onerous than it was under those two Acts. I do not suppose that my noble friend will press his amendment tonight. However, I hope that the Minister will confirm that the operation of the special parliamentary procedure will be part of the review. Perhaps that will give us an opportunity to look at it and reassure those who are sceptical about removing the protection, giving them some comfort that the protections will still be there in the role of the Secretary of State and his accountability to Parliament.

Amendment 88 would do away with the large number of consenting regimes that are still in place, or at least significantly reduce them. It is not the case that doing away with these consenting regimes somehow removes protections, because protective provisions will be put into the development consent order. That is the crucial thing, and there are plenty of examples, again under transport and works orders, of protective regimes being put into place. I gave an example earlier in the proceedings of this House.

We have to strive to get a one-stop shop. If there is bureaucratic inertia to addressing this issue, then it is up to Ministers to argue the case in government against those who are suggesting that we cannot do anything about that. We need to get a more streamlined process, so that development is not held up simply because we have to go through yet another procedure. I welcome the forthcoming review, and I hope that will give us an opportunity to clear up some of these anomalies that have been left over from previous systems and planning regimes.

[Lord McKenzie of Luton]

My Lords, I shall be brief. I congratulate my noble friend Lord Berkeley for spotting a difficulty and the Government for responding with their Amendment 53, which seeks to deal with that. My noble friend Lord Berkeley, my noble and learned friend Lord Boyd and the noble Lord, Lord Jenkin, have raised a number of profound and important issues about how the new system is working, the need for a one-stop shop, the connecting Europe facility and how we will take advantage of that, and the special parliamentary procedures, but I am not sure that we are going to solve all those issues tonight. I look forward to what the Minister has to say, but if he is able to confirm that there is a review under way, that seems to be the arena in which these very important issues can be picked up and addressed.

Localism Bill

Debate between Lord Boyd of Duncansby and Lord McKenzie of Luton

Monday 17th October 2011 Lords Chamber

[Lord Boyd of Duncansby]

My Lords, this is the first time that I have spoken on Report, so I repeat my declaration of interest: I am a solicitor in private practice and registered as a foreign lawyer in England and Wales, and some of my practice involves planning. I recollect that in Committee I stood to support amendments in terms very similar to those before the House this evening. I cannot now recollect in whose names the amendments stood, but I was pleased that the Minister, the noble Earl, Lord Attlee, offered to discuss that issue. It may be that I and others took our eyes off the ball, as it were, in following up the matter. I do not want to take the time of the House unnecessarily because both my noble friend Lord Berkeley and the noble Lord, Lord Jenkin, have gone through remarkably succinctly the detail of the amendments in the group.

The central issue is that the development consent order is expected to be an omnibus order that will encompass a range of other consents and will reduce the number of applications that a developer has to make, thereby making the development procedure that much easier.

The amendments address two issues seriously. The first is the range of further consents required beyond the development consent order. My noble friend Lord Berkeley listed the consents that are still needed—another 42 are still required, including 36 in Wales. Of course, there are occasions when you require specialist input that only specialist agencies can give—these are necessary safeguards—but, on the other hand, the policy behind this ought to be to reduce to the minimum the number of other consents that are required. That would be consistent with this Government’s approach to reducing regulation and removing red tape. There are a large number of these further consents that can be effectively removed without reducing the necessary safeguards. At Committee stage, I gave an example of the London Gateway Port Harbour Empowerment Order 2008, which is an order under the Harbours Act which included provisions for the benefit of the Environment Agency, and would be a model for that.

The second strand is the further consents and procedures necessary on top of what the IPC grants in a development consent order—in other words, the further consents from the Secretary of State where, for example, land of statutory undertakers is being compulsorily acquired or the special parliamentary procedure applies. This procedure is not one that is used very often, yet we find, as my noble friend Lord Berkeley said, that the first application to be granted by the IPC requires that further consent.

Some might say that we need to have a proper check and balance. I accept that when the Infrastructure Planning Commission, which the Government told us was an unelected quango, was making its decisions independently of any outside scrutiny, it might then have been appropriate to keep a number of other procedures and safeguards in process—safeguards which were accountable. Now that we have the Secretary of State giving the final decision, you can incorporate within that the necessary safeguards that some noble Lords may wish to see.

There are also, within this group, issues in relation to the discharge of requirements. I do not intend to take up the House’s time on that, but there are important issues in relation to ensuring that the regime that we create works effectively and that the transition from the Infrastructure Planning Commission, which makes the decision at present, to one where the Secretary of State is deciding on the recommendations of the major infrastructure unit of the Planning Inspectorate, is effective too.

I hope that the Minister will look at these issues seriously. They are important and they are designed to reduce the amount of bureaucracy and red tape that there is and make this a streamlined process.

I make one final point. A European Commission study into the consenting regimes for major infrastructure projects throughout the European Union commended the one-stop shop, which at the moment is encompassed within the Infrastructure Planning Commission, but which, when this Bill goes through, will still be there but with the Secretary of State. My understanding is that the European Commission is likely to make regulations to ensure the acceleration of the deployment of priority energy infrastructure projects by concentrating resources, simplifying and enhancing permission procedures and making use of innovative financial instruments. In order to enhance national permitting and granting processes, each member state will be required to create a competent authority—a one-stop shop—responsible for those tasks. Therefore, it looks as though we will get a seal of approval, if that is required, from the European Commission. We can make things better.

I hope that the Minister will take away these matters and look at them seriously.

[Lord McKenzie of Luton]

My Lords, it is unfortunate that a raft of technical amendments have come forward very late in the day, and seemingly in an environment where the promised engagement in Committee was not fully realised. That is not the best way for us to deal with these hugely important matters. It means that we are stacking up yet another issue to deal with at Third Reading. Whether we get through Third Reading in one day remains to be seen.

I hope that we all agree that, in relation to infrastructure, we want an efficient and effective system of dealing with planning. We have heard arguments about a one-stop shop and the extent to which we are some way from that. We have heard about the issues around the extent to which there should be a parliamentary process now that the Secretary of State is the ultimate decision-maker. I say to my noble and learned friend Lord Boyd and to my noble friend Lord Berkeley that I would need a bit of convincing to step aside from a parliamentary procedure just because the Secretary of State is making the final decision. We have debated the Bill in some detail and the issue of the powers of the Secretary of State has been a running sore in our deliberations, but I remain to be convinced on that.

Certainly I agree with and support the importance of having a one-stop shop on the raft of consents that apparently are still needed. However, the clock is ticking on Third Reading. This is an opportunity to sort out some issues, but we do not have much time in which to do it. It may be, as my noble and learned friend Lord Boyd said, that the EU could overtake us on this matter. We have a couple of weeks before Third Reading and there are very serious issues that have been raised tonight by all three noble Lords. The noble Lord, Lord Jenkin, also raised new points that we had not touched on before about who can make these qualifying requests, as well as issues around pre-application consultation. I hope that the Minister will be able to give us a full response on these issues. Generally, I find that we are in an unsatisfactory position on a hugely important issue for this country.

--- Later in debate ---

[Lord Boyd of Duncansby]

My Lords, briefly, Clause 218 was put in without any debate in Committee. I simply thank the Government for having looked at the issue, bringing forward Clause 218 and then engaging with the Compulsory Purchase Association to discuss the amendments that are now being moved by the Government. I very much welcome this. Part 8 is an important part of the new Bill. I thank noble Lords for their time.

[Lord McKenzie of Luton]

I am grateful that noble Lords have heard the reassurance and thanks of my noble and learned friend Lord Boyd directly. We have relied on him for advice on the appropriateness of this and are happy to support the amendments.

Localism Bill

Debate between Lord Boyd of Duncansby and Lord McKenzie of Luton

Tuesday 19th July 2011 Lords Chamber

[Lord Boyd of Duncansby]

My Lords, I shall speak briefly to Amendment 153AM and to express some sympathy with it. I very much welcome the principle of pre-application consultation in a range of applications, particularly for major projects and so on. It has been working in Scotland and there are some benefits to that because there is the ability then to take into account at an early stage the product of that consultation and to feed it back in.

My worry is the one expressed by the noble Lord, Lord Jenkin, about the rigidity that can creep into the statutory provisions that can sometimes provide a hurdle for developers to get over—and, frankly, they cannot do without lawyers’ advice. While I am more than happy for lawyers to be employed on this, there are limits.

I ask the Government to see whether or not we can get a system that puts the principles into the statute but leaves a lot of the way in which it is done to guidance, and we should not thereby get into a situation where applications fail because one person who might have been expected to be consulted has not been—or something of that nature. That is not to detract in any way from the principle that there must be adequate consultation and, within it, an obligation on the individual developer or applicant to respond positively to the consultation exercise. Let us not get into a rigidity.

[Lord McKenzie of Luton]

My Lords, we support the thrust of the amendment of the noble Lord, Lord Renfrew, about local planning authorities having access to the relevant historic environment records. That must be right, and it follows on from our earlier discussion. I do not know how practical or easy it would be to put in place, but it is something we should require and strive towards.

As to the amendments of the noble Lord, Lord Jenkin, he posed a conundrum about the operation of proposed new Section 61Y, and I look forward to the Minister’s response. I thought that I was sure of my ground on the first amendments relating to retaining in statute the issues about requiring pre-application consultation. It is therefore with some hesitation that I disagree with my noble and learned friend Lord Boyd. I can understand the need for a degree of flexibility, but I do not see within the amendment something that is unduly rigid, although I am prepared to be swayed on that issue. However, I would need some persuading that we should adjust the Bill in that respect, but the noble Lord, Lord Jenkin, has raised an interesting point on new Section 61Y and the possible conflicts therein. I wait to see how that is to be resolved. I support the amendment of the noble Lord, Lord Renfrew.