Localism Bill

Lord Shutt of Greetland Excerpts

Tuesday 19th July 2011 Lords Chamber

[Lord McKenzie of Luton]

My Lords, we support the thrust of the amendment of the noble Lord, Lord Renfrew, about local planning authorities having access to the relevant historic environment records. That must be right, and it follows on from our earlier discussion. I do not know how practical or easy it would be to put in place, but it is something we should require and strive towards.

As to the amendments of the noble Lord, Lord Jenkin, he posed a conundrum about the operation of proposed new Section 61Y, and I look forward to the Minister’s response. I thought that I was sure of my ground on the first amendments relating to retaining in statute the issues about requiring pre-application consultation. It is therefore with some hesitation that I disagree with my noble and learned friend Lord Boyd. I can understand the need for a degree of flexibility, but I do not see within the amendment something that is unduly rigid, although I am prepared to be swayed on that issue. However, I would need some persuading that we should adjust the Bill in that respect, but the noble Lord, Lord Jenkin, has raised an interesting point on new Section 61Y and the possible conflicts therein. I wait to see how that is to be resolved. I support the amendment of the noble Lord, Lord Renfrew.

[Lord Shutt of Greetland]

My Lords, I thank noble Lords who have spoken to this series of amendments. Clause 107 sets out a light-touch set of requirements for prospective applicants for planning permission to publicise their development proposals so that members of the community have an opportunity to comment or collaborate on the design at an early stage. Instead, the amendments would require a prospective applicant to have regard to a code of best practice for consultation set out at the national level by the Secretary of State. It is not necessary or appropriate to set out detailed national standards. There should be flexibility for each consultation to be tailored to the unique circumstances and characteristics of the development proposed and the host area.

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[Lord Greaves]

Before the noble Lord does so—this is a slightly cheeky intervention—my noble friend said that the Government did not believe in telling people in great detail how to carry out consultation because they were not experts on it and because it is a fast- moving area. Why do they, therefore, in so many parts of the Bill take a very different view when it comes to consultation by local authorities?

[Lord Shutt of Greetland]

My Lords, I have to say that during discussion on the Bill, noble Lords are constantly saying that the Government are being too prescriptive, on the one hand; or, on the other hand, that the Government need regulations or some backstop somewhere. It seems to me that there is balance in all things. What I have read out is the balance perceived at this point. This is Committee, so, as always, the comments of noble Lords will be taken into account.

[Lord Jenkin of Roding]

My Lords, I am grateful for that last comment and most grateful to the noble and learned Lord, Lord Boyd of Duncansby, for his support for my amendment. It is extraordinary how differently those of us on the Back Benches and my noble friends on the Front Benches can view the same proposal. In my innocence, I thought that a code of practice was rather simpler than a substantial statutory provision. Obviously, my noble friend Lord Shutt does not think so. We will look to see whether it is necessary to come back to this; I will certainly take advice. In the mean time, I beg leave to withdraw the amendment.

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[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall)]

In Clause 124, manuscript Amendment 166WA is tabled in the name of the noble Lord, Lord Greaves. Is that correct?

[Lord Shutt of Greetland]

If Members look at the groupings list, they will see that for some strange reason, Amendment 166WA is out of kilter and comes after the debate on whether Clause 124 should stand part. However, I believe that the amendment is a precursor to that debate and therefore it may be helpful and convenient to the Committee if this one amendment is now dealt with by the noble Lord, Lord Greaves.

[Baroness Royall of Blaisdon]

My Lords, it is now 23:05. Everyone in this Chamber, including the staff of the House, will be here again at 10 o’clock in the morning. The agreement made with the usual channels was, as I understand it, that we would finish as close as possible to 10 pm. It is now 11.05 pm. My colleague, who has been on the Front Bench all day, wishes to depart. We have plenty of amendments to deal with tomorrow and I suggest that we deal with this manuscript amendment then.

[Lord Shutt of Greetland]

My Lords, I trust that the amendment can be dealt with tonight. I do not believe it will take very long. I understand that people are tired; I am tired too. Let us get on and get some business done.

[Lord McKenzie of Luton]

My Lords, this is disgraceful. To help the Government we agreed to a back-to-back Committee stage, which is most unusual. We agreed to an early start tomorrow to help the Government. We have already stretched to 11 o’clock tonight. This manuscript amendment is closely linked to Clause 124 which is a substantial debate that we ought to have when minds are relatively fresh. It is best done tomorrow. I can see nods of assent from some of the coalition Benches. That is the way we should leave it tonight. We have made better progress than I thought we would today, and we have played our part in that. I think we should now draw the line.