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Planning Bill

moved Amendment No. 14: 14: After Clause 181, insert the following new Clause— ““Good design In section 39 of PCPA 2004 (sustainable development) after subsection (2) insert— ““(2A) For the purposes of subsection (2) the person or body must (in particular) have regard to the desirability of achieving good design.”””” The noble Baroness said: My Lords, I suspect that this amendment will give the House even greater pleasure than did the amendment regarding common land, which is hard to believe. It concerns design in the town and country planning system. It inserts into Section 39 of the Planning and Compulsory Purchase Act 2004 a requirement that those exercising development plan functions in England, whether regional or local, must have regard to the desirability of achieving good design when pursuing the objective of contributing to the achievement of sustainable development; similarly it applies to those exercising development plan functions in Wales in regard to the Wales spatial plan or local development plan. Noble Lords who have sat through our debates on the Bill, from its optimistic beginnings, through the heavy pounding of Committee, as the noble Earl, Lord Caithness, described it, to the calmer waters of Report, will know that design has come up continually. I thank noble Lords for the nature of the debate we have had; it has been an important debate, and we have listened. There is no dispute that ensuring good quality design is an important component of sustainable development. We have already introduced a duty for the Secretary of State to have regard to the desirability of achieving good design in seeking to achieve sustainable development when exercising functions in relation to national policy statements for nationally significant infrastructure, and new Clause 14 does the same with respect to development plan functions. We have made clear how design contributes to sustainable development in Planning Policy Statement 1, an important and generous statement, and other policy statements, from the broad juxtaposition of buildings and facilities to orientation on site and contribution to streetscape. The provision will also complement and reinforce the new climate change duties we have introduced in respect of development plans. Good design can help reduce carbon emissions and encourage more sustainable behaviour such as walking or cycling. Noble Lords will know that local planning authorities already have to take account of our existing national design policies in development plans and make clear local policies where they add to national policy guidance. What pleases me about the amendment is that the measure we are introducing will raise the profile of what planning authorities should be doing. Development plans play a key role in guiding users of the planning system. We are therefore keen to see these documents completed as soon as possible—I am glad to say that we are making good progress—and we would not want to see the new design duty delaying the process. However, we will want to consult and discuss with local planning authorities how to give effect now to the design duty in the context of plan-making. I indicated on Report that our chief planner would be writing to all local planning authorities shortly to encourage them to take further positive action to achieve good design, and we will be considering what further support can be given to them and others in delivering good design—for example, through design panels, the HCA and other partnerships. I have indicated to the House that we are committed to achieving good design and to supporting local planning authorities and others through strong partnership programmes. I believe that the new clause represents a proper and proportionate response to the excellent and thorough debates that we have had at all stages in the Lords thus far, and I hope noble Lords agree. I pay particular tribute to my two noble friends Lady Whitaker and Lord Howarth for their relentless capacity for not giving up. Credit is due to them and to all who supported the amendments. Amendment No. 31, regarding Clause 24, is consequential to Amendment No. 14 and relates to the commencement of that provision. It provides that the provision on design will be commenced by order made by the Secretary of State in relation to England, and by Welsh Ministers in relation to Wales.