Proceeding contribution from Earl Attlee (Conservative) in the House of Lords on Monday, 31 October 2011. It occurred during Debate on bill on Localism Bill.
Localism Bill
My Lords, the need for this amendment emerged following the first decision under the regime a little over a week ago when it became clear that the Planning Act 2008 contains a drafting flaw that could have serious consequences for the regime if not corrected. Under compulsory purchase law, local authorities, statutory undertakers and the National Trust have special protection from proposals to compulsorily acquire their land. Where they object to a compulsory purchase order, and do not withdraw that objection, the order is subject to special parliamentary procedure—an involved, complex and often lengthy process which can add six to nine months to the timetable. The first decision under the regime has demonstrated that the Planning Act 2008 has inadvertently widened the grounds on which special parliamentary procedure is engaged. Any representation by a relevant body on any aspect of the development consent order not limited to compulsory acquisition can trigger SPP. This means that many more projects will need to go through the SPP than do at present, with implications for growth and jobs. Government Amendment 53, therefore, seeks to correct the drafting of the Planning Act to bring it into line with compulsory purchase law as it operates under the town and country planning system. Let me be absolutely clear on this for the benefit of the House. We are absolutely not seeking to lessen the important protections for land belonging to those bodies, and indeed this amendment would not prevent the National Trust, for example, from invoking SPP where a development consent order would grant consent for its land to be compulsorily acquired. The amendment seeks only to correct an error in the 2008 Act, thereby ensuring that the compulsory purchase regime is consistent across both the 2008 Act and the major infrastructure planning regimes. I beg to move.
Secondary information
- Type
- Proceeding contribution
- Reference
- 731 c1089
- Session
- 2010-12
- Chamber / Committee
- House of Lords chamber
- Subjects
- Complaints Compulsory purchase Councillors Conduct Council tax Fees and charges Land Greater London EU law Fines Infrastructure Increases Fire and rescue services Local government Motor vehicles Litter Planning Business rates Referendums Parish and town councils Local plans Mayoral development corporations Standards Sustainable development Social rented housing Tenants Rescue services Homes and Communities Agency Infrastructure Planning Commission Tenant Services Authority Petitions
- Legislation
- Localism Bill 2010-12
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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