The long anticipated Planning Bill is due for its Third Reading in the House of Lords this evening. The Bill is highly controversial as it is seen by NGOs and environmentalists as a mechanism for central Government to force through locally unpopular schemes such as new roads, airports and coal and nuclear power stations, thereby reducing local democratic input into the planning process. The Government’s objective is to ensure that schemes of major national strategic importance are not delayed for many years by local planning processes and inquiries, or obstructed by hostile local authorities.
Key points include:
ØThe establishment of an Infrastructure Planning Commission that has the power to determine major applications relating to;
- Energy – including generating stations, electric lines, underground gas storage facilities, LNG facilities, gas transporter pipe-lines and other pipe lines.
- Transport – including highways, airports, harbour facilities, railways and rail freight interchanges.
- Water – including dams and reservoirs and the transfer of water resources.
- Waste water – including treatment plants.
- Waste – including hazardous waste facilities.
Ø Under the act development consent will be required for development which are or form part of a nationally significant infrastructure project.
Ø If development consent is required from the Commission then other forms of consent such as regular planning permission, and consent under section 8 (1), (2) or (3) and section 74 (1) of the Listed Buildings Act are no longer required.
Ø The Secretary of State can refer an application made to a local authority to the Commission if they deem it necessary and can direct the local authority to take no further action towards consent for the development themselves.
Ø The applicant must prepare a statement that sets out the consultation programme that they are going to undertake throughout the pre-application process. Each local authority in the development area must be consulted on what should be in the statement. In short – the applicant and local authorities must agree who should be consulted, when and how before the consultation takes place.
Ø The Bill states that must ‘have regard’ to any relevant responses from the consultation process that are received within the consultation period - which can be no less than 28 days from the day after the consultee was notified of the development proposals. Relevant responses are from any person responding to consultation or publicity of the development.
Ø The Chair of the Commission can decide whether an application is to be handled by a panel or by a single commissioner. In the event of a panel the Chair of the Commission must appoint three or more members of the commission to form the panel.
Ø The decision of the Commission can be challenged in court if judicial review proceedings are brought by a claim made up to six weeks after the decision has been made.
Further updates shall be sent out as the Planning Bill progresses. For more information please contact the Weber Shandwick Property Team.
