Asked by: Lord Krebs (Crossbench - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government who are the official advisors on (1) the natural environment, and (2) climate change, within the Ministry of Housing, Communities, and Local Government.
Answered by Lord Greenhalgh
Government is advised by the Climate Change Committee (CCC) – the independent, statutory body established under the Climate Change Act 2008 – whose role is to advise the UK and devolved Governments, including MHCLG. The Department also seeks the relevant advice from executive non-departmental bodies such as Natural England and the Environment Agency.
Asked by: Lord Krebs (Crossbench - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government what expert advice on climate change impacts they received before deciding not to refuse planning permission for the proposed coal mine in Cumbria.
Answered by Lord Greenhalgh
In the decision of 6 January, the Secretary of State decided not to call in the planning application for the proposed West Cumbria Coal mine. In that decision, the Secretary of State carefully considered this case against his published policy on calling in planning applications, as set out in the Written Ministerial Statement of 26 October 2012. Further representations to MHCLG when received are carefully considered.
Asked by: Lord Krebs (Crossbench - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government whether they (1) sought, or (2) received, advice from the Climate Change Committee before deciding not to refuse planning permission for the proposed coal mine in Cumbria.
Answered by Lord Greenhalgh
In the decision of 6 January, the Secretary of State decided not to call in the planning application for the proposed West Cumbria Coal mine. In that decision, the Secretary of State carefully considered this case against his published policy on calling in planning applications, as set out in the Written Ministerial Statement of 26 October 2012. Further representations to MHCLG when received are carefully considered.
Asked by: Lord Krebs (Crossbench - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government what guidance they give to local planning authorities about the time period that should be included in a reasonable planning scenario for applications from Network Rail.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Where development is proposed and requires a planning application, local planning authorities have broad powers to impose conditions and enforce where they consider that conditions have been breached. Conditions must meet the policy test in the National Planning Policy Framework which states that planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. Whether enforcement action against breach of a condition is justified is a matter of their discretion for Local Planning Authorities.
Asked by: Lord Krebs (Crossbench - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government whether the Town and Country Planning Act 1990, or any other relevant legislation, confers on local planning authorities powers to enforce limits on the number of day and night movements of freight and passenger trains that they have set as a condition of granting planning approval to Network Rail.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Where development is proposed and requires a planning application, local planning authorities have broad powers to impose conditions and enforce where they consider that conditions have been breached. Conditions must meet the policy test in the National Planning Policy Framework which states that planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. Whether enforcement action against breach of a condition is justified is a matter of their discretion for Local Planning Authorities.
Asked by: Lord Krebs (Crossbench - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government whether the Town and Country Planning Act 1990, or any other legislation, confers on local planning authorities powers to enforce a requirement to install rail dampers to reduce noise that they have set as a condition of granting planning approval to Network Rail.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Where development is proposed and requires a planning application, local planning authorities have broad powers to impose conditions and enforce where they consider that conditions have been breached. Conditions must meet the policy test in the National Planning Policy Framework which states that planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. Whether enforcement action against breach of a condition is justified is a matter of their discretion for Local Planning Authorities.
Asked by: Lord Krebs (Crossbench - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government whether the Town and Country Planning Act 1990, or any other legislation, confers on local planning authorities powers to enforce sound and vibration monitoring requirements they have set as a condition of granting planning approval to Network Rail.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Where development is proposed and requires a planning application, local planning authorities have broad powers to impose conditions and enforce where they consider that conditions have been breached. Conditions must meet the policy test in the National Planning Policy Framework which states that planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. Whether enforcement action against breach of a condition is justified is a matter of their discretion for Local Planning Authorities.
Asked by: Lord Krebs (Crossbench - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government whether the Town and Country Planning Act 1990, or any other legislation, confers on local planning authorities powers to enforce speed restrictions they have set as a condition of granting planning approval to Network Rail.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Where development is proposed and requires a planning application, local planning authorities have broad powers to impose conditions and enforce where they consider that conditions have been breached. Conditions must meet the policy test in the National Planning Policy Framework which states that planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. Whether enforcement action against breach of a condition is justified is a matter of their discretion for Local Planning Authorities.
Asked by: Lord Krebs (Crossbench - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government whether the Town and Country Planning Act 1990, or any other legislation, confers on local planning authorities powers to enforce conditions that they have imposed upon Network Rail when approving a planning application.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Where development is proposed and requires a planning application, local planning authorities have broad powers to impose conditions and enforce where they consider that conditions have been breached. Conditions must meet the policy test in the National Planning Policy Framework which states that planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. Whether enforcement action against breach of a condition is justified is a matter of their discretion for Local Planning Authorities.