New Clause 35 - Enforcement
Planning and Compulsory Purchase (Re-committed) Bill
3:30 pm
Mr Geoffrey Clifton-Brown (Cotswold, Conservative)
I thought that the Minister would use the argument about discretion, but he and, with the greatest respect, my hon. Friend have ignored section 102(1) of the principal Act, which states:
''If, having regard to the development plan and to any other material considerations, it appears to a local planning authority that it is expedient in the interests of the proper planning of their area''.
The local planning authority may consider two large categories of discretion before it must act. I do not see why it should not have to act once it has considered those circumstances. Even when it has acted it may impose conditions, such as having to apply for planning permission, and even when it has done that the Secretary of State must confirm the order, and he might decide to convene an independent hearing to allow everyone to be heard. There is plenty of discretion in the system.