Growth and Infrastructure Bill

Debate between Lord Ahmad of Wimbledon and Lord Faulkner of Worcester

Tuesday 12th March 2013 Lords Chamber

[Lord Faulkner of Worcester]

My Lords, I beg to move Amendment 48ZA and will introduce it very briefly. Your Lordships may recall that in Committee I moved that Clauses 22 and 23 should not stand part of the Bill. I defended the principle of SPP at some length, which is one of the reasons why I did not speak or respond to the noble Lord, Lord Hodgson, on the previous amendment. Having served on the Rookery South inquiry, I think that the SPP procedure is important and, for democratic reasons, deserves to exist. I regret that the Government have taken a decision which means that in many respects the SPP will disappear.

Clause 22, in particular, threatens open space. When open space is threatened with a development consent order and compulsory purchase, and where there is no suitable exchange land or the exchange land is deemed to be too expensive, the Secretary of State for Communities and Local Government may himself decide that the DCO need not be subject to special parliamentary procedure. He would also need to be satisfied that it is strongly in the public interest for the development to begin sooner than is likely to be possible if the order is subject to an SPP. I know that Ministers complained at earlier stages of the Bill that the Rookery South SPP took too long. I do not agree. I think that the SPP inquiry which we conducted was thorough and that it was important that it was carried out.

I am not tonight moving that Clause 22 be removed from the Bill. I am effectively inserting a sunset clause so that it would be possible for the Government to demonstrate that it was necessary for the special powers to be withdrawn for up to five years, and it would be necessary at the end of the process for them to win that argument again. I understand that there are pieces of open space that the Government may wish to see acquired compulsorily as part of an urgent planning matter. That is why I am not opposing the existence of Clause 22. However, the safeguard which the insertion of this sunset clause would ensure is worth considering. I beg to move.

[Lord Ahmad of Wimbledon]

My Lords, I am grateful to the noble Lord, Lord Faulkner, for setting out the reasoning behind his amendment. As he indicated, this would place a sunset clause on some of the provisions in Clause 22 five years after commencement. The Government are, of course, not opposed to such sunsetting clauses in legislation where they are appropriate. In fact, new domestic legislation that imposes a regulatory burden on business is now required to include such a clause. This ensures that the regulation is removed when it is no longer needed, where it is ineffective or where it imposes disproportionate burdens.

However, in the case of Clause 22, I have already made it clear that our aim is to reduce burdens on business by limiting the use of SPP. I remind your Lordships that, if enacted, Clause 22 will mean that SPP will apply in future only to cases involving National Trust land, commons and fuel and field garden allotments, as well as certain cases involving open spaces.

For open spaces, the new provisions being taken forward in Clause 22 will cater for those limited situations where suitable replacement land is not available, or is available only at a disproportionate cost, and where there is a strong public interest in the development proceeding more quickly than would be the case if SPP was required. It will also provide for situations where open space is required only for a temporary purpose.

We are legislating on this now because we consider that it could bring benefits to the development of major infrastructure. It surely makes no sense to assume that such benefits will not be as important in the future and that a burden that had been removed should automatically be put back in place five years from now, or from when this becomes law.

I made it clear in Committee that in most cases our expectation is that developers will continue to provide suitable replacement open space land where such land is acquired, thereby avoiding the need for SPP. At the same time, there may be a small number of occasions, as the noble Lord, Lord Faulkner, indicated, where such replacement land may not be available and development should be able to proceed promptly without going through SPP. This is just as likely to be the case in five or 10 years’ time.

The usual post-legislative review of the provisions within a Bill three to five years after Royal Assent, which will include a preliminary assessment of its effect, will provide the opportunity to review the impacts of Clause 22. I therefore hope that, with this assurance, the noble Lord will be minded to withdraw his amendment.

[Lord Faulkner of Worcester]

My Lords, I am grateful to the noble Lord, Lord Ahmad, for his response, which is slightly more encouraging than I thought it would be, not least because he referred to the need for a review after three years—I believe he said that. It indicates that there will be an opportunity for us to see what the effect of the limitation of the SPP in future is having, particularly on open space, which is the aspect that worries me the most.

To describe this as a burden is a little exaggerated, bearing in mind that SPP has been invoked on only three occasions since 1947, Rookery South being the most recent. However, having said that, I hope that the Government will take that review seriously, and so I will not press for a sunset clause after five years, and I beg leave to withdraw the amendment.

Growth and Infrastructure Bill

Debate between Lord Ahmad of Wimbledon and Lord Faulkner of Worcester

Monday 4th February 2013 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I am grateful to all noble Lords for the amendments they have tabled, in particular the noble Lords, Lord Greenway, Lord Jenkin and Lord Berkeley, for setting out their proposed amendments to Clause 22. Questions have been raised about the Government’s position in putting forward Clause 22. It may be helpful if I first set out the issues that the Government are trying to address through this clause.

Clause 22 amends the provisions in the Planning Act 2008 which set out when special parliamentary procedure will apply to a development consent order which authorises the acquisition of specially protected land. It also repeals the separate certification process required in certain cases. The Planning Act 2008 brought together a range of different consent regimes for nationally significant infrastructure into a single development consent order. The overall aim of this regime is to provide a more efficient and quicker consenting regime for very large infrastructure projects. Development consent orders can include authorisation for the compulsory acquisition of land, but when certain categories of specially protected land are acquired, special parliamentary procedure can be triggered. The decision by the Secretary of State that such land is to be compulsorily acquired is then transferred to a Joint Committee of Parliament for confirmation. While the special parliamentary procedure is undertaken, the development consent cannot come into effect and work on the infrastructure project cannot start.

The noble Lord, Lord Greaves, talked about the reasoning behind such measures. Delays to infrastructure projects can have a significant knock-on impact in delaying benefits to the local and, indeed, national economy. In the case to which the noble Lord, Lord Faulkner, referred—the Rookery South project in which he was involved—the special parliamentary procedure was triggered for an infrastructure project under the Planning Act. The special parliamentary procedure added more than a year to the consent process. I understand that during this period no work was possible on the project, delaying the creation of up to 300 construction jobs and 80 permanent jobs that would have resulted when the project was up and running.

[Lord Faulkner of Worcester]

I am grateful to the noble Lord for giving way. Has he any estimate of how long it would have taken if the decision had been taken by the Secretary of State and been subjected to judicial review, which was the alternative to the SPP?

[Lord Ahmad of Wimbledon]

That would be speculating but I will come to the specific issue of judicial review in a moment and perhaps address the question at that time.

In more general terms, there is also the strong argument that has been made about the threat of delay, for whatever reason, impacting on the confidence of investors and developers. We are, after all, looking at infrastructure which is supporting the economic growth of our country. In total, new infrastructure creates thousands of new jobs and billions of pounds of new investment, as we all know. Consents for such infrastructure must be provided as quickly and efficiently as possible. We cannot afford to lose those jobs and investment because of delays in finalising consents.

The Government are committed to reform of the SPP and want to ensure that in future SPP is used only in cases where there is a genuine need for further scrutiny by Parliament of a particular ministerial decision. We therefore consider that SPP under the Planning Act should be limited to cases where there is a need for further scrutiny, as I have said. As my noble friend Lord Jenkin rightly said, it should be invoked where there is a real need for further scrutiny based on public interest and, indeed, a general need to weigh up competing public interests of allowing infrastructure development and the protection of certain types of specially protected land.