Clause 49
Planning Bill
1:45 pm

Bob Neill (Shadow Minister, Communities and Local Government; Bromley and Chislehurst, Conservative)
The three amendments all hang together. They build on what the Government and almost all the witnesses recognised as the important issue of ensuring that there is a robust consultation procedure, which we seek to strengthen. The clause requires certain tests to be met for the application to be accepted, because requiring the applicant to demonstrate the robustness of the consultation is important. From what the Minister has said, I think that the Government accept that principle.
We think that it would be right and proper to apply the same requirements that currently exist for local authorities to the community generally. Although there will frequently be an overlap, one can think of many cases in which representations from members of the community will be of a different kind to those made by the local authority. That requirement would not add to the time scale, but it has the useful purpose of requiring the applicant to apply their mind to the issues raised by community objections. It is also important that they are seen to apply their mind to such things, which is a useful discipline that could result in time being saved later. We also think it right and proper, and much more consistent with good practice under domestic and European law, that reasons should be given for the views that applicants take.
Amendments Nos. 203 and 204 would extend the requirement to members of the community. Amendment No. 205 would require the applicant, as well as taking account of the objections, briefly to set out their responses, which would demonstrate that the applicant has applied their mind to what all the consultees have said. They can set out their stance succinctly, and it need not be an onerous task. That would help with the crystallisation of issues for the next stage of the process, and it would help the process to be seen to be fair and transparent.
