Planning Bill

Part of Orders of the Day – in the House of Commons at 4:19 pm on 10 December 2007.

Alert me about debates like this

Photo of Eric Pickles Eric Pickles Shadow Secretary of State for Communities and Local Government 4:19, 10 December 2007

I am so sorry that the hon. Gentleman seeks to make this matter partisan. I confess that I have perhaps made the odd jibe at the Prime Minister and generally across the Floor of the House, but our intention is genuinely to arrive at consensus and to work together. We are supportive of the national statements, and we shall seek in Committee to arrive at agreement on some of the points on which there is broad cross-party consensus. The hon. Gentleman should be encouraging me in that, not trying to set traps for me.

Under the Secretary of State's plans, responsibility for regional planning will be transferred from the unelected—and universally detested—regional assemblies to the also unelected regional development agencies. The Secretary of State surely must be able to see that this latest game of musical chairs—of passing functions from one regional quango to another—will do nothing to give local communities a greater say or to speed up the planning system. If she wants to make a difference, the first step should be to scrap the whole tier of regional planning which, on top of local and national planning policies, has created a quagmire of red tape and complexity. Responsibility should be given back to counties and the co-operating metropolitan authorities. It is clear that they are the only bodies that know what they are doing and that they are the building blocks of the system.

The Bill shifts the balance in the planning system against individuals and in favour of the state. Under the Bill, an individual householder, business man, farmer or local resident will be prevented by law from presenting a case in objection to a scheme relating to the compulsory acquisition of their land, or from being represented by a person of his or her choice. By law, all representations will have to be in writing—thereby preventing oral representations in person—however badly affected a landowner, resident or business may be. This will work against the little guy—the ordinary person in the street. By law, no questioning or testing of the promoter's scheme by any person, body or individual is to be permitted. Common law has recognised since the middle ages that land should not be taken from an individual without due process, including the right to be heard. Of course, it would be speedier if the powerless were ignored, but this House is built on the protection of the property rights of the individual from the state, be it a Stuart monarch or an ambitious Minister.

The Bill is also careless in invoking the criminal law. Clause 130 makes it a criminal offence to commence development without a consent order. That appears very heavy handed in the context of clause 127, which states that development commences with "any material operation", including digging a trench or even putting in pegs to lay out a road. As I am about to have to cough, I shall give way.