Clause 39 - Local development orders
Planning and Compulsory Purchase Bill
3:45 pm
Mr Matthew Green (Ludlow, Liberal Democrat)
I know that the Minister does not believe that Opposition Members might try to be helpful, but amendment No. 242 is an attempt to be helpful. The clause deals with the powers of the Secretary of State or the National Assembly for Wales to call in a proposed local development order and direct the local planning authority to modify the order before it is adopted. In considering a local development order called in by the Secretary of State, subsection (3) requires the appropriate authority to take account of any matter that it thinks is relevant.
I am not a lawyer, but I understand that the wording is legally vague and could give rise to a legal challenge on whether the Secretary of State is right to think that an issue is relevant. The advice that I have been given is that it would be clearer to relate the provision to a relatively understandable planning term by requiring the Secretary of State to take account of any material consideration. The amendment would have the effect of narrowing the factors to purely planning considerations. It may have other implications, but to avoid lawyers running up large bills, a matter to which members of the Committee continually allude, the Minister might be minded to be kind. Given that he is showing signs of kindness, today is obviously the day on which to consider such amendments.
It is interesting that amendment No. 367 has been grouped with amendment No. 242—I am not questioning the Chair's judgment—because it relates to other things. It would strengthen the right to public consultation, and if that is its intention it is worthy of consideration. I will be interested to hear the Minister's advice on whether amendment No. 242 will assist in tightening up the cause for legal challenges.