Clause 39
Planning Bill
12:00 pm
John Healey (Minister of State (Local Government), Department for Communities and Local Government; Wentworth, Labour)
I hope that I can give the sort of explanation that has been asked for and that the hon. Members for North Cornwall and for Beckenham will see that the amendment is not necessary to meet their concerns.
In addition to clause 42 on the duty to consult the local community, clauses 37 to 39 set out a duty to consult people and bodies that would be affected by a development. That includes local authorities and anybody who might be entitled to a claim for compensation or for nuisance. Where a development would have a material detrimental effect on adjacent land, those with an interest will automatically be consulted.
As the Committee is aware, there is a broad power to prescribe statutory consultees. My hon. Friend the Member for Sheffield, Attercliffe will be interested to know that we will specify statutory consultees for certain sorts of infrastructure—we had the same argument about local transport authorities in our previous sitting.
The regulations will ensure that those bodies that should be consulted will be consulted, although we will not require consultation if they are unlikely to have an interest. In drawing up the draft regulations, I will ensure that we consider the points made by members of this Committee.
The hon. Members for North Cornwall and for Meirionnydd Nant Conwy were concerned about whether those living close to a development that could be detrimental would be consulted. The answer is that under common law, people in possession of property—landowners or tenants—are entitled to the quiet enjoyment of their land. If someone interferes with that quiet enjoyment by creating smells, sounds, pollution or any other hazard that extends beyond the boundaries of the property on which that activity is taking place, the affected party may be able to claim on the grounds of nuisance.
Clause 35(5)(c) provides that such people should be consulted. Together with other provisions in the Bill, it will capture the vast majority of people about whom the hon. Member for North Cornwall is concerned. I hope that that reassures hon. Members.