Planning Control

Andrew Percy Excerpts

Wednesday 12th January 2011 Westminster Hall

[Andrea Leadsom]

The Minister will see that many colleagues are very concerned about the issue, and I am sure that he intends to address it.

[Andrew Percy (Brigg and Goole) (Con)]

I, too, congratulate my hon. Friend on securing the debate, particularly on the comments that she has made about housing, with which I agree. I have a huge problem in my constituency, where Labour’s local development framework is proposing a massive expansion of the town of Brigg.

On wind farms, what we really need is clarity as to what the Localism Bill means for appeals. I have an application for a wind farm development in Flixborough Grange that has now been submitted for the third time, and I want to be able to go back to my constituents and tell them that once we get rid of Labour’s planning system there will not be constant appeals to central Government, and we will have proper local decision makers. We really need clarity as to where the buck will stop on decisions about wind farms.

[Andrea Leadsom]

I absolutely agree with my hon. Friend, and I continue to stress how much we all agree that renewables form part of the future for our energy security policy. I am well aware of the potential energy shortages in the latter part of this decade, a potential that was brought about by the previous Government’s failure to prepare for the closure of elderly power stations and nuclear plants. A mix of energy resources, including renewables, is essential. However, it is unclear to me how big a part wind power can play in providing for our 21st-century energy needs.

--- Later in debate ---

[Robert Neill]

There is a legitimate role for an appeals process in a planning system. Planning decisions are matters of important public consideration, and in many circumstances affect proprietary rights. Our advice is that it is necessary to have an appeals process, and to ensure that the system is compliant with human rights legislation. We must have a planning system, and our desire is to avoid the system we have at the moment, whereby planning by appeal takes place almost automatically because local authorities are almost forced to refuse applications because they are grounded on the basis of the regional spatial strategies, which do not have regard to local needs. I want to get away from that. The scheme in the Localism Bill—it is too detailed for me to go through at this stage—involves front-loading the process to encourage much greater community involvement in the development of neighbourhood plans; and developments over a certain minimum threshold will require pre-application discussions. The best developers do that anyway, and that will provide a greater opportunity for issues to be thrashed out before the decision-making process, rather than being decided on appeal.

The Bill proposes to abolish the pre-determination rule. That rule is a considerable vice because it prevents local councillors from speaking out on behalf of their constituents for fear that they will be prevented from being involved in a decision. There will have to be an appeals process, but I hope that if we can reduce the volume of cases that go through it, and look at how to simplify it and make it more intelligible, that will deal with many of the issues raised by my hon. Friend the Member for South Northamptonshire.

[Andrew Percy]

I want to be clear about the issue of appeals. The local authorities of East Riding of Yorkshire and North Lincolnshire have hit their 2020 targets for renewable energy generation. I know that those targets have been removed, but we feel strongly that we already have our fair share of wind farms. What will be the situation with appeals? It is likely that our local authorities will want to continue to reject wind farms. We cannot front-load the system because we feel that we have already played our part. What will be the appeals process in such situations?

[Robert Neill]

With respect to my hon. Friend, it is not realistic to spell out that degree of detail at this stage, but it will become apparent. Under both the current system and the new system proposed in the Bill, in which we want to place more weight on the view of the local authority, we are looking at the basis on which an appeal could override the view expressed in the local plan, and to what extent that would be the appropriate course. The local planning authority, be it the statutory planning authority or the neighbourhood plan that would become part of the local plan, has to be cognisant of and consistent with national planning policy. It is the coalition’s policy to support the development of wind farms where appropriate, but I accept that there is a concern to ensure that the community’s views are properly articulated. That is why we will address those points about how to get the balance right, not just in the Bill but in parallel with the important reforms and the creation of a national planning priorities framework. That is an important point and I ask my hon. Friend to be patient. We will consult on the national planning framework, and I suspect that he and his constituents will want to have an input into the best means to deal with that issue.