Draft Infrastructure Planning (Onshore Wind Generating Stations) Order 2016

Lord Beamish Excerpts

Monday 22nd February 2016 General Committees

[Mr Kevan Jones (North Durham) (Lab)]

I will pick up on some of the points made by my hon. Friend the Member for Southampton, Test, in particular on the guidance and the parameters for a local authority to determine an application.

I am sorry, but I completely disagree with the hon. Member for Waveney. The draft order will mean that in many cases the wind plants do not go ahead, as popular opinion locally and the voice of the communities will clearly argue against them. It is therefore important to know what the guidance will be and how local authorities will draw up their policies on how wind plants fit into their local plans, for example. Without such guidance, a local authority could attract great costs if it declines a wind farm and that decision is appealed to the Secretary of State for Energy and Climate Change or the Planning Inspectorate. A local authority could be left in a difficult position, because in meeting local opinion and satisfying objections, it might incur the cost of the appeal process. If the Secretary of State or the inspector granted the planning application, members of local planning committees could be left in a difficult position.

Will the Minister say when guidance for local authority planning committees will be produced? Will the ultimate role of the Secretary of State be similar to that in relation to other planning applications: if appealed, they end up on the Secretary of State’s desk? If so, will the Secretary of State deal with them case by case, or will there be a de facto Government position whereby all applications turned down by a local planning authority will be resisted by the Secretary of State?

I also have questions about the involvement of other Departments in wind farm applications. The Ministry of Defence in particular has a clear interest in the siting of wind farms, because of the effect on military radar tracking aircraft and so on. Will individual Departments still make and be able to make objections to applications for wind farms that would be detrimental to the Department’s interests? The MOD, for example, might object because of flying operations.

Finally, I remember the slogan, “vote blue, go green”. Has any assessment been made of the effect of the draft legislation on the number of wind farms applications that would be successful under the proposed process?

--- Later in debate ---

[Andrea Leadsom]

I will try to respond to everyone’s questions. They were coming at me thick and fast, but hopefully I have caught them all.

First, I thank the hon. Member for Southampton, Test, who asked how this statutory instrument will affect the DCLG and the planning process overall, and in particular whether onshore appeals will still take place. The call-in powers and recovery capability of the Secretary of State for Communities and Local Government will remain. Call-in powers are used by the Secretary of State, or in Wales by Welsh Ministers, when a decision is taken to move an application away from a local planning authority and to make the decision themselves. Similarly, recovered appeals are used when those Ministers decide to make the final decision on an appeal themselves, rather than the Planning Inspectorate making it on their behalf. The Secretary of State or a Welsh Minister will reserve the right to call in applications and recover appeals. That power is already devolved in Wales.

Secondly, the hon. Gentleman asked whether there are any transitional arrangements. A transitional arrangement applies when a valid planning application for a wind energy development had already been submitted to a local planning authority when the written ministerial statement was made last year and the development plan does not identify suitable sites. In such instances, a local planning authority may find the proposal acceptable if, following consultation, it is satisfied that the proposal has addressed the planning concerns of the affected local communities and therefore has their backing. In the case of appeals, it would need to be considered by planning inspectors on a case-by-case basis.

The hon. Member for North Durham raised the same question and asked what happens in the local planning authority process for determining whether there is local agreement. It will normally be the case that local planning permission will be given where there is scope in the local plan, as agreed by the local authority, for general approval of wind farms in its area. If a local planning authority has not yet identified sites for wind farms, there is a transitional arrangement whereby it may find a proposal acceptable following consultation with local communities, which was set out in the DCLG ministerial statement that was laid before the House last June.

[Mr Jones]

I am grateful for that reply, but County Durham, for example, is still going through the process of developing its local plan because it was rejected by the inspector. Where does that leave a county such as County Durham, which at the moment does not have a local plan in place, when determining where the sites should be?

[Andrea Leadsom]

As I said, in that transitional period, the local authority would need to consult local communities to address any concerns that they may have and only then approve a planning application when the site has the backing of local communities. That was set out in the ministerial statement in June last year. I think I have answered the hon. Gentleman’s question—

[Mr Jones]

You haven’t.

[Andrea Leadsom]

I will give way one last time.

[Mr Jones]

What the Minister is saying is that if local people object, the application can be turned down. Surely guidance has to be given to the local authorities on what is and is not a suitable site. There is guidance for every other type of thing. She is arguing for a situation in which, in a place such as County Durham where there is no plan, if local people object, the proposal will be stopped. I am sure developers would not like that.

[Andrea Leadsom]

The national planning policy framework encourages local councils to consider identifying suitable areas for renewable energy; equally, local neighbourhood plans can identify sites. As I have said to the hon. Gentleman, it is absolutely the case—it was in our manifesto—that we are determined that local communities have the final say, so he is exactly right: in the event that the local authority cannot get the backing of the local community, it will turn down that application, and that is the point about our manifesto commitment.

Moving on to the point made by my hon. Friend the Member for Waveney, I am grateful for his support for the measure, which takes local planning absolutely to the forefront for all onshore wind. I am also grateful to my hon. Friend the Member for Montgomeryshire for raising the very important point about how, under devolution, the Welsh Government decide how they intend to hear onshore wind farm applications. I can only confirm to him that it will be for them to decide, and I share his concern that given that this Government’s policy is to ensure that local communities have their say and have the last word, it will be unfortunate if that is not the case in Wales for those in his community who want it to be, but this is a devolved matter and it will be for Welsh Ministers to decide.

[Andrea Leadsom]

As I think I said, the national planning policy framework encourages local authorities to identify sites that are suitable for renewable energy. It also encourages neighbourhood development plans to do the same. I want to be clear that this Government believe in devolving powers to local authorities. We made a manifesto commitment that local communities will have the final say on onshore windfarms.

[Mr Jones]

Will the Minister give way?

[Andrea Leadsom]

I will not give way again; I have answered the question three times. It is absolutely our settled position that local communities will have the final say. The ministerial statement issued by the Department for Communities and Local Government in June last year sets out the process by which local communities will be able to have their say on onshore windfarm applications. By transferring decisions out of Whitehall to local planning authorities, combined with the measures set out by the Secretary of State for Communities and Local Government, we are putting local communities in the driving seat. That will deliver our manifesto commitment by ensuring that new onshore wind—

[Mr Jones]

On a point of order, Mr Nuttall. I thought the purpose of these Committees was to scrutinise the piece of legislation before us. The Minister is refusing to answer the legitimate concerns expressed by my hon. Friend the Member for Southampton, Test and the points I have raised. It is not the case that it is somehow left up to people to decide. A planning appeal has to go through a legal process. I expect the Minister to answer those points.