Localism Bill Debate

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Tuesday 17th May 2011

(13 years, 6 months ago)

Commons Chamber
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Nigel Mills Portrait Nigel Mills (Amber Valley) (Con)
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My right hon. Friend gives many words of encouragement to those of us who have tabled amendments. Does he have any such warm words for neighbourhoods that happen to be in a coal mining area and face the threat of open-cast mining applications? They would like to be able to include that matter in their neighbourhood plans.

Greg Clark Portrait Greg Clark
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I was going to come on to my hon. Friend’s amendments, but since he raises the matter I will turn to them now. I will have to disappoint him. Neighbourhood plans are conceived as being about issues that just affect neighbourhoods. Although mineral extraction has consequences for particular neighbourhoods, it is clearly larger than a local matter. It has consequences for the wider authority and, in many cases, for national Government. It is not right to expect neighbourhood plans to govern mineral extraction, which goes beyond their scope.

Greg Clark Portrait Greg Clark
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No, the hon. Lady has got it wrong. We are talking about neighbourhood planning, but of course a whole panoply of other planning policy applies. There is absolutely no intention to remove the test of sustainability for mineral extraction or any other proposal, and that will be a matter for national policy. I do not underestimate in any way the importance of open-cast mining for the communities in which it takes place, but neighbourhood plans are not the mechanism to control it. I hope most hon. Members will see that.

Nigel Mills Portrait Nigel Mills
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Will my right hon. Friend give way?

Greg Clark Portrait Greg Clark
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I will make some progress, and then perhaps my hon. Friend can come in again. I know that a lot of Members want to speak.

The hon. Member for Scunthorpe (Nic Dakin), who made many helpful and constructive suggestions in Committee, has tabled two amendments. We will require the examiner of plans to take oral evidence if people want to submit it, but we will leave him or her to make the judgment about whether that is an attempt to delay the process or reflects a genuine appetite. Similarly, his amendment 12 is unnecessary because the Bill already allows prescribed steps to be taken in the examination of a neighbourhood plan, including the consideration of questions about participation. However, we will carefully consider whether an equalities impact assessment is appropriate.

On heritage issues, our amendments correct a misdrafting that seemed to put in doubt the protection that conservation areas and listed buildings receive in the neighbourhood planning process. That was never our intention. Happily, working with the heritage groups, we have been able to agree a set of measures that address that problem.

I wish to say a little about town centres, because I know that an amendment on the subject has been tabled. Policy on town centres has always been part of national planning policy, and I believe that is right. However, as I have done on the subject of sustainable development, I wish to signal clearly the importance of having robust policy, including the sequential test that is currently in planning policy statement 4. That will absolutely be in place, and it will be clear in the new national planning policy framework.

The Association of Convenience Stores wants, to its credit, to keep this issue live and in the forefront of our minds. I am happy that it does so, but it need have no concerns. This Government’s attitude to town centres is absolutely clear: they are at the heart of our communities and nothing should be done that would disadvantage them or jeopardise that.

Government new clause 15 deals with local finance matters, which has caused the hon. Member for Birmingham, Erdington and his colleagues some concern in recent days. The proposal makes it clear that local finance matters that are relevant to planning considerations can be taken into account. It does not change the law in any way, and it is not some stealthy way in which to introduce a new basis for planning policy. Everyone knows that section 106 payments that are material in planning matters can be taken into consideration. The new clause reflects the fact that the introduction of the community infrastructure levy, and, potentially, other rebates to the local community, as I like to call them, can be used for planning purposes. It is important to be clear, lest there is any doubt on the part of local authorities, that such rebates, just like under section 106, can be made when they are relevant to planning considerations.

Amendment 369, which was tabled by my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes), suggests that CIL should be used more widely for housing and other local infrastructure. It is important that planning committees, which are sometimes nervous and conservative about such matters, are reassured that the use of the CIL for appropriate planning purposes is perfectly legitimate and that it can be taken into account in planning decisions.