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Planning-gain Supplement (Preparations) Bill

I shall speak briefly in support of the new clause that the hon. Member for Rayleigh (Mr. Francois) moved and set out clearly. I moved an amendment in Committee that sought to ensure that 100 per cent. of planning gain supplement proceeds accrued to the local planning authority in order to maintain the principle of local accountability and local benefit, and the Minister argued strongly against it on the grounds that a share of the revenue would be needed for spillovers and surrounding regional projects, but he reassured the Committee that a substantial majority of the revenue would none the less accrue to the local community. That was the basis on which the Government sustained their argument, but we now discover that that argument will not necessarily apply in Scotland. The Government have a little explaining to do as to how they will extricate themselves from that difficult and anomalous situation. Another question is raised. Devolution is an evolutionary process; it is not fixed, and powers change over time. I am struck by the fact that the Mayor of London has recently acquired planning powers that are not greatly dissimilar to those of the Scottish Executive. I raise the question—and perhaps the Minister can answer it—of whether Mayor Livingstone might seek to invoke the Scottish precedent in arguing that the receipts from the planning gain supplement should go to him, rather than to London local authorities. There might well be a simple legal answer to that, but it is a question that is prompted by this problem and I am sure that the Minister can give a clear answer to it. The hon. Member for Rayleigh raised a second issue, which he put very well so I do not have a great deal to add to what he said. It is that an anomaly in the devolutionary process is being created because there will be one instrument—the planning gain supplement—which will be a UK-level power, and a partly alternative and partly additional mechanism which is a section 106, or section 75, power, and which is devolved. In introducing the measure, the assumption has been that as planning gain supplement is introduced and expands, the section 106 role will contract; it will be confined to local infrastructure and affordable housing. However, it has never been clearly explained how that contraction will happen, and whether consequential legislation will be needed; it would presumably have to be introduced to limit the role of section 106 powers. Again, we have an anomaly in terms of Scotland; as the hon. Member for Rayleigh has explained, the Scottish Executive might well take a totally different view and might wish to expand the role of section 75 to have enhanced, rather than reduced, planning gain. If that happens, there will be a clear conflict between United Kingdom and Scottish functions. It is not at all clear that the Government anticipated that problem, or that they have an answer to it. I await the Minister’s reply with interest.