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Planning Bill

moved Amendment No. 103: 103: Clause 102, page 53, line 8, after ““relates”” insert— ““( ) written and oral representations relating to the development”” The noble Baroness said: My Lords, I shall not take it at all amiss that everyone behind me on my Benches is leaving. They say that they cannot get out easily. Tough. In speaking to this amendment, I shall speak also to Amendments Nos. 104, 105, 107, 108, 109 and 110. This brings us to the provisions on decisions on applications. Clause 102(2) sets out matters to which the IPC must have regard, and Clause 103 sets out those to which the Secretary of State must have regard when, respectively, they are making decisions. Amendments Nos. 103 and 108 would provide in each case that they should have regard to written and oral representations relating to the development. Similarly, Amendments Nos. 104 and 108 would provide that they have regard to relevant responses made under Clause 49, responses to which the applicant had to have regard at an earlier stage. I have tabled these two pairs of amendments to spell out that the IPC and the Secretary of State should not filter out the representations made during the different stages of the process to the extent that they do not figure at the last stage. It is important that those who take part in the process should have trust in it and believe that their representations are taken seriously. When we were discussing related matters in Committee, the Minister argued that such representations, if they were important and relevant, would remain within the frame for consideration by being within the referenced matters, which are important and relevant. I am not asking that all representations be accepted, because the phrase ““have regard to”” does not mean that: it means, literally, to have regard to or to think about. The local impact statement, to which regard must be paid, is referred to specifically. Who is to say that the whole of it will be important and relevant? I am asking the Government to think about where individual representations come in. Amendments Nos. 105 and 110 take us back to the phrase ““important and relevant””. I tabled this amendment in Committee, when I argued—and I maintain the view—that the order of the words should be ““relevant and important””. First, one should consider whether an issue is relevant and, if it is qualified as such, whether it is important. I got the feeling that the Minister understood that point; she said that she would consider it, so this is her further opportunity to do so. Amendment No. 107 proposes that the Secretary of State, when she or he takes decisions, should have regard to a national policy statement relating to development of a particular description. I may have missed this, either on the face of the Bill or in the logic of how all this applies, but it seemed to me odd if the Secretary of State does not have to have regard to her or his own policy statement. That could allow for all sorts of mischief. I beg to move.