RTPI Action on the Planning Bill

10-Jan-08

Introduction

This page sets out:

Bill Evaluation

Following introduction of the Bill to Parliament on 27 November 2007, The RTPI has evaluated the Bill clause by clause.  An 8 point test was developed and used to evaluate the major infrastructure provisions.

A summary of the results of the evaluation has been available on our website since 28 November 2007, but this is dynamic and is updated to include new developments.  Member comment has been sought, and will continue to be sought until all potential for amendment in the Parliamentary process has been exhausted. 

Key debates around Bill content and actions have taken place in the RTPI Executive Board (in December 2007 and February 2008) and in a specially convened RTPI networks forum in February 2008.  The RTPI has provided oral evidence to the Bill Committee in the House of Commons and has had a sequence of meetings with civil servants and other key stakeholders on the issues raised.

It should be noted that following the completion of the Committee Stage, the Bill has been reprinted with revised clause numbers.  RTPI website coverage continues to use the original and the current clause numbers.

Ongoing recommendations for policy action arising from the RTPI's work and consideration of the Bill during its House of Commons Committee Stage were reported to the Executive Board  in February 2008 and agreed as a basis for action.  

Issues Raised by Members

The most substantial concern raised by members has been the proposal to introduce Local Member Review Bodies for some appeals and hence to remove the right to appeal to the Secretary of State for applications decided on delegation by planning officers (clauses 150-154/15-159).  The RTPI has resisted this proposal consistently, through the Barker Review of Land Use Planning and through the Planning White Paper.  Noting that 87% of business respondents and 95% of government respondents to the white paper did not support this proposal, the RTPI continues to lobby for its removal from the Bill.  So seriously are members taking this issue that we have an ongoing Campaign: members are writing to constituency MPs to express their concern.  Click here to join the campaign.

The RTPI broadly supports the Major Infrastructure proposals in the Bill, but seeks changes to reinforce community involvement in policy and decision making and to ensure that a proper range of matters are considered when development management decisions are made.

For these reasons, initial amendment targets included:

Clause 7/7, where we seek an unambiguous statutory commitment to publicity and consultation for all draft national policy statements for infrastructures, and the inclusion of consultation on policy options.

Clauses 44/47, 80/83, 82-84/85-87 and 94-95/97-98, where we seek a front end loaded identification of project impacts, a duty on the proponent to mitigate these where reasonably feasible and on the commission to consider the adequacy of means of mitigation.

Clauses 82-84/85-87, where we seek an unambiguous right to be heard impacted parties.

Clauses 94-95/97-98, where although we are prepared to accept that national policy statements should be implemented, unless weighty material considerations indicate otherwise, we wish to see the commission have regard to and consider the following, as relevant:

  • National planning frameworks in Wales, Scotland and Northern Ireland
  • Existing planning policy statements (PPS) and their equivalents in Wales, Scotland and Northern Ireland
  • The development plan
  • 'Other material considerations' as currently understood for the purposes of the current planning acts, although accepting that the Secretary of State may need to prescribe that some particular matters are not material or to indicate the weight to be ascribed as between different material considerations
  • The results of the impact identification and mitigation process that we have requested in other amendments

The RTPI supports the proposed Community Infrastructure Levy (CIL) proposals (Clauses 163-172/174-183) in principle, but seeks assurances from Ministers about the detail to be contained in regulations.

  • Click here to read about the RTPI's actions in Parliament
  • Click here to access the RTPI's current Parliamentary briefing papers on amendments to the Bill

  • Click here to return to the page index

Nations' Considerations

The Bill raises important questions about the relationship between UK major infrastructure powers and the devolved government of Wales, where a number of critical infrastructure powers, such as decision making over major power infrastructures under the Electricity Act, have not been devolved to the assembly government.  Wales and England have a long land border and hence cross border infrastructures are also a critical consideration.  RTPI Cymru has produced a briefing on the issues raised for Wales.

Amendments up to the Committee Stage in the House of Commons include a new Part 10 of the Bill . This provides the Welsh Assembly with measure making powers to regulate plan making with respect to Welsh Ministers’ own plans (including the Wales Spatial Plan) and local development plans – a welcome development. However, the Bill has not further clarified any major infrastructure matters.

In Scotland and Northern Ireland, issues are simpler, in that most critical infrastructure decisions are already devolved and the Bill does not seek to amend the devolution settlement.  It will be important to ensure that cross border infrastructures are also considered, particularly for Scotland.  

In Northern Ireland, the cross border infrastructure issues are more likely to be dealt with in the context of forthcoming marine legislation and the Bill has only the most peripheral effects.

However, it also appears important that, where an infrastructure policy or decision is of significance to the UK as a whole, the Bill should provide for reference to the devolved nations' national planning frameworks and consultation of and through Parliaments and Assemblies. 

Parliamentary Briefings and Other Actions

The progress of the Bill through Parliament and all relevant documents, including debates, committee proceedings and tabled amendments can easily be monitored from the UK Parliament website.

RTPI Briefings were provided at second reading stage to key CLG civil servants and 98 Members of Parliament of all parties who expressed interest in planning issues. These briefings are being updated as the Bill progresses through its parliamentary stages. 

The RTPI gave evidence to the Parliamentary Bill Committee at the commencement of the committee stage on 8 January 2008 and continues to meet with committee members and other interested parliamentarians to pursue our policy agenda.

From 10 January 2008, we commenced tabling formal amendments to the Bill in the House of Commons Committee Stage, having undertaking bi-partisan verbal briefings on the issues of concern to members of the Committee.  The briefings can all be found on the the RTPI 'Bill in Parliament' web page.

We also monitor amendments tabled by others.  For example, the Conservative Party has tabled amendments that would make the proposed infrastructure planning commission into a division of the Planning Inspectorate.  It has also tabled an amendment that would have the effect of requiring 24 hours notice to be served on all premises before they can be visited, for example, pursuant to enforcement action.  Your views on amendments tabled by others are important and we will seek meetings with parliamentarians and party officials as necessary to discuss these.

As of March 2008, the Bill is currently in a 'quiet period', with no set dates for its remaining parliamentary stages.  RTPI is using this period to continue to brief key stakeholders and to assemble evidence and develop our position, with particular emphasis on supporting debates in the House of Lords.

  • Click here to access the RTPI 'Bill in Parliament' web page, to monitor the progress of the Bill and download our briefings.

  • Click here to return to the page index

Have Your Say

  • RTPI members, click here to provide the policy team with your feedback on the Bill and our actions.

Continue to Other Bill Pages

 

 

 
Author:
Rynd Smith
Publisher:
The Royal Town Planning Institute
Date:
10-Jan-08
Categories:
Policy, Practice 
Sections:
What Planning Does

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