Business and Planning Bill

Lord Campbell of Pittenweem Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 6th July 2020 Lords Chamber

[Lord Campbell of Pittenweem (LD) [V]]

My Lords, at this stage in the debate, much of what I might have said has already been said eloquently, but I will focus on the working-hours provisions for a moment. They provide an illustration of the tensions between the laudable objectives of the Bill and its consequences. Noble Lords are aware that the legislation gives an authority the power to approve, refuse or amend an application for variation of hours, but it cannot do any of these without investigation. Investigation will impose additional administrative burdens on planning authorities, many of which are ill-equipped to fulfil that responsibility. That will particularly be the case in areas of high activity and construction.

Noble Lords will know from experiences elsewhere that working hours are always controversial because of their impact on amenity. When the public realise that the proposed legislation carries with it the possibility of an extension to cover a whole day, perhaps that controversy will be even greater. In the circumstances, proper account must be taken of public objection to any application. Proper opportunity must be made to ensure that that objection can be put before the local authority. As pointed out by the noble Baroness, Lady Randerson, proper notice must be given so that the public are aware of precisely what is proposed. All of this is to be achieved within 14 days of the application for extension being received by the local authority. Is there not a risk that a planning authority, inundated with multiple applications, will give little weight to public amenity or, in the worst case, simply ignore it? It may even take refuge in the deemed grant provisions, all at the expense of public amenity.

When one is considering the impact of the issue of hours, is it not right to consider that the same local authority may be, in relation to planning permission extensions or outlying planning permissions extensions, already engaged in responding to the responsibilities that the legislation imposes? It might be 28 days, but that is still a colossal burden in many circumstances. Even the most well-intentioned local authorities may find themselves having to accept damage to amenity that they would not normally support, except that they find themselves compelled to do so because of the terms of this legislation. I believe we should make it clear to the public that, sometimes, in this particular balance, the amenity of the public will have to take second place.

Let me finish with this. I understand the need for the hybrid powers now being offered to the Planning Inspectorate. When I first read about this, I found a commentary which said that such powers would allow it to do its work quickly and efficiently. In an area where the public has an interest, the words “quickly and efficiently” should always raise a red flag. It will be important to ensure that public participation is not in any way prejudiced by the exercise of these hybrid powers.