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Corrections to Lords Debate and Grand Committee

In the course of the Lords Report debate of the Localism Bill, 12 October 2011, I stated: "““I think I am right in saying that there was a legal challenge that required these environmental assessments to be carried out””. (Official Report, 12/10/11; col. 1773)." That response was not in fact correct and I would like to clarify the statement. In his judgment in the CALA Homes case Mr Justice Sales made comments regarding strategic environmental assessment. These comments were obiter, in other words they did not form part of the binding judgment. Nevertheless we decided to carry out an environmental assessment in relation to the revocation of each of the eight regional strategies outside London and saved structure plan policies. We announced our intention to do so in April 2011. We are doing this on a voluntary basis and the environmental assessments were published for public consultation on 20 October. We chose to undertake these voluntary assessments to establish whether the regional strategy and saved structure plan policy revocations would have significant environmental effects. The order-making power will provide the Secretary of State and Parliament with an opportunity to consider the outcome of the voluntary environmental assessments before decisions are made on whether to revoke the existing regional strategies and saved structure plan policies. It is our intention to lay orders in Parliament revoking the existing regional strategies and saved structure plan policies as soon as possible after Royal Assent of the Bill subject to the outcome of the environmental assessment process. In the course of the Grand Committee debate on the Draft National Planning Policy Framework, 27 October 2011, I stated: "““The noble Lord, Lord McKenzie of Luton, raised the question of the timing of the regional strategy revocations. I do not think that I have covered that yet. They will be revoked by order. A consultation is taking place on that at the moment. It is a voluntary consultation carried out by the Government to ensure that the environmental assessment of regional strategies is understood and people have commented on it before they are abolished. Once that has been taken care of, the regional strategies will be revoked and the local plans and the NPPF will be the guiding spirit””. (Official Report, 27/10/11; col. GC385)." I should make clear that this intention to revoke the existing regional strategies is subject to the outcome of the voluntary environmental assessment process.