Hinkley Point C (Infrastructure Projects)

Brandon Lewis Excerpts

Thursday 20th March 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Communities and Local Government (Brandon Lewis)]

I congratulate my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) on securing this debate, on raising an issue that her constituents are concerned about, and on describing her efforts to resolve the situation and get some clarity. This debate has raised important issues about the planning process and how it goes ahead with community engagement. I am pleased to have the chance to respond.

I thank my hon. Friend for bringing to my attention this complex planning case in her constituency, because it gives us the chance to consider some of the issues behind it. We are always interested to hear about local experiences of the planning system, and suggestions for how the system could be improved in the future. Her comments are now on the record, as are her suggestions for ways to ensure that situations that create the kinds of problems her constituents feel they are going through cannot occur. I hope that she appreciates that I cannot comment on specific cases because of the Secretary of State’s role in the planning process, but I am more than happy to speak in general terms about the issues she raises.

Let me make it clear that the planning system—which we have greatly improved since we took office—is designed to help secure the delivery of sustainable development. A number of different processes are in place to help to secure that outcome and ensure effective engagement with local people and their accountable councils in a proportionate way. Without commenting on the specific details of this case, as I understand it, the application for a lawful development certificate was with regard to the scope of permitted development, and not to the scope of any earlier planning permission. Therefore it might be helpful if I explain the mechanisms that I think are relevant and, in particular, the scope of statutory undertakers to undertake development without the need for planning permission—commonly referred to as permitted development. I shall also consider the purpose of lawful development certificates, and the process that is followed when an application for a certificate is made.

National permitted development rights allow certain building works and changes of use to be carried out without an application. I stress, however, that those rights are typically subject to a number of conditions and limitations that control impact and protect local amenities. For example, there could be limits on the height and size of buildings. In some cases, based on the scale of existing structures, there are a number of protected geographical areas, including areas of outstanding natural beauty, and national parks, where certain permitted development rights are not available, or size limits are reduced.

I should add that even if a planning application is not needed, other consents, such as operating licences, may be required under other regimes. These rights are set out in the Town and Country Planning (General Permitted Development) Order 1995, as amended. Members may be particularly interested in part 17 of schedule 2 to the order—I know it is something they will all want to be reading when they get back home tonight. Part 17 permits a range of types of development by bodies such as statutory undertakers, carrying out their functions under statutory powers. For example, under class G of part 17, certain development is permitted for the generation, transmission or supply of electricity. However, in common with most other parts of the permitted development order, there are a range of restrictions on these rights. For example, some of the rights do not apply in a national park, an area of outstanding national beauty or a site of special scientific interest. There are a number of restrictions in relation to the height and volume of the different types of structures that can be erected, and, in some cases, electricity undertakers must seek prior approval of the design and external appearance of certain proposed buildings. These rights provide important flexibilities for statutory undertakers to undertake development quickly and effectively, given the vital role they play in delivering national infrastructure.

It is important to note that although there is no legal requirement on all statutory undertakers to carry out a public consultation for development under permitted development rights, we have it made clear in our planning guidance, which is now available online in a usable and accessible way, that public consultation may be beneficial if development is expected to have a particularly significant impact. In such instances, consultation could be initiated by either the local planning authority or the statutory undertaker. Any consultation should allow adequate time to consider representations and, if necessary, amend proposals. In some cases, where it is not clear whether proposals can be considered permitted development, it is possible to apply for a lawful development certificate for a legally binding decision from the local planning authority. This is often used if there is any ambiguity over whether the proposal is within the scope of permitted development set out in the general permitted development order I mentioned a few moments ago.

Local planning authorities can seek information from the public on applications for lawful development certificates, if they feel that it would help them reach a decision on whether a development meets these legal requirements. I stress that the purpose of lawful development certificates is to confirm what is lawfully permitted already, having regard to existing extant planning permissions and the scope for permitted development. They cannot be used to secure planning permission for a new form of development. In considering whether the proposal was permitted development, the local planning authority would have had regard to the Town and Country Planning (Environmental Impact Assessment) Regulations 2011. Permitted development rights cannot be exercised without the local planning authority’s approval in a European site designated under the habitats or wild birds directive.

Clearly, where a proposal is not permitted development, a planning application, as we would expect, is required to be made for permission to carry out development. Such applications would be dealt with in the normal way by the local planning authority, including by providing the opportunity for interested parties to make their views heard. If planning permission is granted, development must take place in accordance with the permission, approved plans and any planning conditions attached to the permission. The development must be commenced within a specified time limit, or the planning permission will lapse.

If a developer subsequently seeks to modify or extend a development that has planning permission, they would need to speak to the local planning authority. Any proposed material change to the approved development, even a minor one, would require the submission of a planning application, which would of course again be subject to public consultation. If a developer constructs something different from the planning permission, including going beyond what is allowed by permitted development rights, the unauthorised development may be subject to enforcement action.

Finally, I would also like to turn briefly to the matter of Hinkley Point C in Somerset. Following extensive community engagement, the proposed nuclear power plant obtained development consent through the nationally significant infrastructure planning regime in March last year. I can confirm that the expansion of the Nursling substation did not form part of the development consent order for Hinkley Point C and it was not an associated development. There are changes in electricity generation in the south-west generally, including at Hinkley Point C, which may require changes at Nursling. As I understand it, however, the Hinkley Point C connector project, which is at pre-application stage, does not include proposals at Nursling substation.

I welcome the opportunity to contribute to a debate about these important matters. Let me again thank my hon. Friend for her contribution, and for the ideas that she has advanced. I hope that we have been able to make clear, in the national planning policy framework and in our new suite of planning guidance, that development —whatever it is, and whatever it ought to be—should receive the scrutiny that it deserves, and that the public locally want to see. However, we must also ensure that the planning process does not impose unnecessary burdens that could prevent development from proceeding. We believe that we have provided a framework that strikes the right balance between protecting public amenities and controlling local impact, and allowing the development that our country needs in order to prosper in the 21st century.

Question put and agreed to.