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Planning Bill

moved Amendment No. 10: 10: Clause 104, page 55, line 19, leave out ““the following subsections”” and insert ““subsections (4) to (8)”” The noble Baroness said: My Lords, we now turn to a small group of amendments to Clauses 104 and 105, which provide how decisions on applications are to be taken by the decision-maker. Government Amendments Nos. 10 and 11 clarify that NPSs that identify a location as suitable or potentially suitable for development do not pre-empt the IPC decision to grant development consent. Amendment No. 12, which was tabled by the noble Baroness, Lady Hamwee, would clarify that the fact that any relevant national policy statement identified a location as suitable or potentially suitable for a particular description of development would not prevent Clause 105(2) from applying where the Secretary of State was the decision-maker. As context for these amendments, it is worth restating that the Bill provides a clear framework for decision-making, which, as noble Lords know, consists of the relevant national policy statement and the matters set out in Clauses 104 and 105, including matters to be prescribed in the statutory instrument or instruments that we will lay before Parliament in due course following consultation. Within this framework, the national interest, as developed in the national policy statement, will be the prime consideration for decisions. NPSs will set out our national policy on, and the national need for, infrastructure, but only after they have been consulted on and have been scrutinised by Parliament. As we know, national policy statements will vary in specificity depending on the sector to which they apply. In some cases, the relevant Secretary of State may decide that it makes sense to specify the location where it is considered that it would be appropriate for investment to take place. We have already stated that the NPSs for aviation and nuclear will be location-specific. That will help us to focus the task of the IPC. It is important that I set out clearly at this point that NPSs will indicate, as appropriate to the particular infrastructure with which they are concerned, places that are suitable or potentially suitable locations for development. We discussed at earlier stages the difference between site and location. NPSs will not identify specific sites. The developer will bring forward the site application and it will be for the IPC to determine whether it is appropriate. It will be left to the IPC to consider the detail of specific sites, layout, access and, of course, local impacts. It is clear from Clause 104 that the NPS will not be the only factor on which the commission’s decision is based, because it provides, as we debated on the previous amendment, that the IPC must also have regard to the local impact report from the local authority, other matters that may be set out in secondary legislation and any other matters that the commission thinks are important and relevant. We have made it clear that the commission will be able to take account of a range of other factors in its decision. The Bill requires the commission to take into account any matters that it believes are important and relevant. Where appropriate, it will be able to refuse consent for a development, notwithstanding the fact that the application accords with the relevant NPS. Subsections (4) to (6) of Clause 104 provide that the IPC can, in reaching a decision, depart from the national policy statement where not do so would lead the UK to being in breach of its international obligations, would lead the commission to being in breach of any enactment or would be unlawful by virtue of any enactment. That will ensure, for example, that protection of sites under enactments such as the habitats directive is respected in the commission’s final decision. Clause 104(7) allows the panel or the council to turn down an application that is in accordance with a national policy statement if it is satisfied that the adverse impact of the proposed development would outweigh its benefit. The IPC would still consider issues specific to the application at the local stage—detailed layout and so on—as well as environmental impact. If it decides that the adverse impact of a development would outweigh its benefit, it can refuse consent. I have gone through that process for the last time because I wanted to show that the Bill clearly provides that the IPC can reject an application even where it accords with the relevant NPS in the circumstances outlined in subsections (4) to (8) of Clause 104. I make it clear that the provisions of Clause 104 apply to all decisions taken by the commission, whether or not the relevant NPS has identified suitable or potentially suitable locations for development. On Report, noble Lords, notably the noble Baroness, Lady Hamwee, sought an assurance that we would reconsider the wording of the Bill to make it clear that the IPC must consider the issues raised as a result of subsections (4) to (8) of Clause 104 in cases where the relevant NPS identifies locations that are suitable or potentially suitable for development. I accept that it is important to be quite clear about that. I assured the noble Baroness on Report that I would consider the point further ahead of Third Reading to see whether clarification in the Bill to that effect would be helpful. Government Amendments Nos. 10 and 11 make clear in the Bill that to identify a location as either suitable or potentially suitable for development in an NPS will not pre-empt the IPC’s examination of the issues referred to in subsections (4) to (8) of Clause 104. The amendments will clarify that in all cases the IPC must have regard to the other factors provided for in subsections (4) to (8) of Clause 104 and that, if any of the circumstances outlined in those subsections apply, it can reject an application even if it is in accordance with the NPS. I hope that that will satisfy the noble Baroness. I am grateful for her help in enabling us to clarify that point. I beg to move.