Clause 7 - RSS: examination in public
Planning and Compulsory Purchase (Re-committed) Bill
6:30 pm
Mr Matthew Green (Ludlow, Liberal Democrat)
Although amendment No. 140 is the first in this group, it follows from the amendments in the previous group. As I accepted the Minister's assurance then, to save time I accept them in this case. I am not particularly interested in amendment No. 140 now, but I am interested in the Minister's response to amendment No. 141, because it would ensure that there was an opportunity for objectors to a draft revision of the RSS to be heard. The RSS may be more site specific than the existing regional planning guidance.
I realise that the Minister said earlier that the RSS was not intended to be particularly site specific but it could be more so than the existing regional planning guidance, and it could have an effect on individual
property owners. It is essential that they should have the right to state their objections in a proposal to the RSS. If that is not allowed, there is the possibility of legal challenge under the Human Rights Act 1998, on the grounds that the individual has not had the opportunity of a fair hearing of their objections.
The amendment would provide a caveat, that the person appointed by the Secretary of State shall decide who will appear in person at the examination in public. That is to allow the inspector to decide that not every person with objections could be heard in public if they are essentially the same objections. I am trying to be reasonable, and not to allow an objector's charter, to use that horrible phrase again. In respect of that clarification, because the RSS could be more site specific than the existing regional planning guidance, there may be need for compliance with the Human Rights Act to allow individuals to be heard. The best person to decide that is the inspector, who is appointed by the Secretary of State.