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Amendments Nos. 408 and 409 in this group are in my name. They would apply to the part of the Bill that amends existing planning legislation and are not directly concerned with the national policy statements or the Infrastructure Planning Commission. Amendment No. 408 would delete Clause 172(3)(a), which omits...

Member
Lord Jenkin of Roding (Conservative)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c826-7
House
House of Lords

moved Amendment No. 169: 169: Schedule 2, page 149, line 7, leave out ““and has been granted, for its construction”” and insert ““for its construction by virtue of section 14(1)(f) of that Act, and has been granted.”” On Question, amendment agreed to. [Amendments Nos. 170 and 171 not moved.]

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c825
House
House of Lords

My Lords, I beg to move that the House do now again resolve itself into Committee on this Bill. Moved accordingly, and, on Question, Motion agreed to. House in Committee accordingly. [The LORD SPEAKER in the Chair.] [Amendments Nos. 168A and 168B not moved.] Clause 35 agreed to. Schedule 2...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c825
House
House of Lords

I could not agree with the noble Baroness more, which is why the guidance to be issued by the IPC and to be complied with is so important. The guidance of the Secretary of State—the language, the scope and tone—will be crucial. On this amendment, however, there is nothing in...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c871
House
House of Lords

I am grateful to my noble friend the Minister for her response. I take great comfort for her statement that it is essential that an NPS is reflected throughout the planning system and I shall study what she said with great interest. My only concern was raised also by the...

Member
Lord Berkeley (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c831
House
House of Lords

I apologise that I have not been able to be present since the lunch break. I gather that we will not be here beyond 7 pm but I shall certainly stay for the rest of the debate. I support Amendment No. 191, in the name of my noble friend Lord...

Member
Lord Woolmer of Leeds (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c868
House
House of Lords

Before the Minster goes on to another amendment, applicants will set great store by the tone that the Government set on this. My noble friend rapidly—because we understand the need to move on—explained the problems of trust and confidence if a promoter undertakes the application himself. I can envisage people...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c870-1
House
House of Lords

This has been a very long debate, necessarily so as there is a huge range of amendments in the group. It is testimony to the integrity of this House that so much time has been spent on what the noble Lord, Lord Greaves, rightly said lies at the heart of...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c868-70
House
House of Lords

My Lords, I am grateful for my noble friend’s intervention. Does the Minister not understand that there is a difference? I am entirely in favour of a dialogue between applicants and the local community, where it is very local or huge. That is an important part of a good planning...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c871
House
House of Lords

Not necessarily. We are talking about pre-application consultation. All I can say to the noble Lord is that it is because we want this to be as acceptable and credible as possible that we have built this process into the compliance requirements of the IPC itself. It must be satisfied...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c871-5
House
House of Lords

This is purely a matter of clarification. I want to ask about marine representation in the Bill. Am I right in assuming that the noble Baroness has affirmed today that by regulatory means there will be a requirement to consult with the marine body—the Marine and Fisheries Agency or later...

Member
Lord Taylor of Holbeach (Conservative)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c875
House
House of Lords

I agree with everything that the noble Lord has said. First, there has to be a proper read-across between the provisions of both Bills in terms of the objectives that they serve and what we are after, to ensure that we have the best possible processes and understand how the...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c875
House
House of Lords

The noble Lord is absolutely right. In some cases, the NPS is a material consideration; the planning system will not be suspended but will operate alongside the NPS, in matters such as siting, location and materials, which are governed by a range of other provisions to improve the way in...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c876
House
House of Lords

No.

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c876
House
House of Lords

I thank my noble friend for what she said about national parks; it was very encouraging. I have no doubts whatever about her personal commitment. What I am still a little anxious about is the cut and thrust and dynamics of the real process of planning. Without wishing to bore...

Member
Lord Judd (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c877
House
House of Lords

I hesitate to disagree with the noble Lord, Lord Greaves, except on one thing. It is not bedtime reading, otherwise I would fall asleep; it is weekend reading. We shall certainly want to study carefully what the noble Baroness said, particularly with regard to the points that I raised on...

Member
Lord Jenkin of Roding (Conservative)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c876-7
House
House of Lords

I think that there is a distinction to be made; it is that distinction that allows for the flexibility to kick in and will allow longer for the second sort of application. However, I shall clarify that and, if I am wrong, I shall write to the noble Lord.

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c876
House
House of Lords

Okay; we will look forward to that. The other issue that I wish to raise is the role of a local authority as a statutory consultee under the pre-application consultation system. A local authority will be asked to do two different things. One is to provide information. It is perfectly...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c876
House
House of Lords

These amendments alter the way in which the Secretary of State may bring forward model provisions relating to development consent orders. The amendments would remove the requirement that any model provisions for incorporation in a draft order should be set out in regulations made by the Secretary of State. The...

Member
Lord Patel of Bradford (Labour)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c879-80
House
House of Lords

I am grateful for that explanation. I take it that the term ““prescribed”” in Clause 36(3)(d) refers to a regulation-making power—I think that I am losing my grip on the terminology here. No, I did not mean that model provisions should be mandatory. The noble Lord has reminded me of...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
16 October 2008
Reference
704 c880
House
House of Lords