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Planning Bill

moved Amendment No. 128: 128: Clause 191, leave out Clause 191 The noble Baroness said: My Lords, Amendment No. 128 takes us to the provisions in this Bill relating to appeals against determinations of planning applications in the current regime. This matter was debated at the last stage. Since then I have seen the letter which the Minister sent to the noble Lord, Lord Jenkin. I had not, at that time, seen it. I have also had an e-mail exchange with the Minister. I have to say that I have not been reassured, although I did not expect to be reassured because there are fundamental differences of principle between us. The Government approach this as an administrative matter, ““this”” being a provision to restrict the appellant’s choice of method or procedure for his appeal. The Government’s assurances are that no one is disadvantaged by the proposal, and that all relevant factors will be taken into account by the Planning Inspectorate when determining the most suitable procedure. It will be for the Planning Inspectorate to take that decision, having applied criteria which I acknowledge. The Government also say that the procedure must be proportionate to the complexity of the subject matter. It is suggested that parties will have—and currently have—a free choice as to whether their appeal is determined by written representations, an informal hearing or a public inquiry. That is not the case at the moment. They can demand the opportunity to appear before and be heard by an inspector, but it is the Secretary of State—or, in practice, the Planning Inspectorate—who decides whether the appeal will be determined following an inquiry or an informal hearing. The current position is that parties cannot clog up the system by insisting, for instance, that a householder’s extension be dealt with by an inquiry. An appellant can insist on being heard. The Planning Inspectorate will take account of the party’s preferences, but can decide whether the hearing will be an informal hearing or a public inquiry. We would all expect a small household case to be dealt with by an informal hearing. The advantage of this is that parties have the opportunity to come face to face with the inspector. They can see the whites of the inspector’s eyes and the inspector can see the whites of their eyes. There is great importance in this. The Minister recently said, in an exchange for which I have thanked her, that the Government are in no way, "““seeking to prevent discussion or oral questioning where it is warranted””," but again talks about clogging up the system, "““impacting on everyone who uses it””." I thought to myself, ““Well, who is impacted on?””. Yes, others will be in line to have appeals heard, but we are talking only about an appellant and the local planning authority in each case. It is not as if the third parties have rights of appeal. The world in general, in that sense, is not being prejudiced. Part of the Government’s aim, in all that they are doing in the Bill, is to promote confidence in the planning system. We have heard quite a lot about the fact that delays undermine everyone’s confidence and the system’s effectiveness. Clause 191 will undermine confidence in the system. Applicants—at this stage, rather, I should call them ““appellants””—will see this as an encroachment on their rights. If I were in that position, that is the view that I would take. I hope the Government will understand the force of the feeling against this. I beg to move.