Planning and Compulsory Purchase Bill

Part of the debate – in the House of Lords at 3:00 pm on 22 January 2004.

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Photo of Lord Rooker Lord Rooker Minister of State (Regeneration and Regional Development), Office of the Deputy Prime Minister, Minister (Office of the Deputy Prime Minister) (Regeneration and Regional Development) 3:00, 22 January 2004

I realise that this is not the only time we shall debate this issue. I say that because of certain things I shall be unable to go into. I accept that it is of fundamental importance and I am fully aware that we shall discuss the issues surrounding the provision for access statements at the appropriate place in the Bill. I shall confine my response at this point to today's debate, the thrust of the amendments and their relationship to the planning process. I hope that I shall be able to give some reassurances.

The Government want the new system to ensure that local authorities promote an inclusive environment and give full consideration to the needs of those with disabilities throughout the planning system. We have to build that in from scratch so that every part of the planning system covers the needs of disabled people. Singling them out for special attention by planning authorities would create a long tick list. The system has to be able to take account of their needs and those of other groups as an integral part of the development process, not as an addition to it. We are seeking to ensure that that happens by what we are attempting to do in, and outside, the Bill. We certainly want to put sustainable development at the heart of the new planning system and to ensure proper, effective and wide consultation before anything is built.

It is well known that Clause 38 places a statutory requirement on those preparing regional spatial strategies and local development documents in England, and the Wales spatial plan and local development plans, to undertake these functions with a view to contributing to the achievement of sustainable development. Clause 38(3) makes clear that in fulfilling this duty the regional planning body and the local planning authorities must have regard to guidance issued by the Secretary of State or the National Assembly for Wales. That guidance will explain what we mean by sustainable development in that context. That guidance will be in Planning Policy Statement 1 (PPS1) for England, and for Wales, it is in Planning Policy Wales.

For England, planning policy statements are important because local planning authorities must take their content into account in preparing their development plans and in determining planning applications, that is to say, before anything is built. This guidance may be material to decisions on individual planning applications and appeals.

Although planning policy guidance notes are not law, as I have already said in previous debates, it is a well established administrative law principle that a local authority should, when making its decisions, have regard to any material guidance in them. A decision which ignored an important material consideration might be open to challenge in the courts.

The approach to the planning framework has always been to put the outline in legislation while many of the most important issues are dealt with in planning policy guidance and planning policy statements or other guidance and subsidiary regulations.

For example, issues relating to renewable energy, planning out crime, design, brownfield rather than greenfield sites, and retail development, which is fundamental to where it is and access to it, are set out in guidance rather than in legislation. I do not believe that anyone would argue, and certainly not the people who would like to fill the green fields with supermarkets, that the PP6 does not carry substantial weight in administrative law. Greenfield policy itself is in Planning Policy Guidance 2, and all these issues have to be taken into account in the planning process.

The Government are committed to developing strong, vibrant and sustainable communities in urban and rural areas. Regeneration of the built environment alone cannot deal with some of the issues relating to poverty, inequality and social exclusion. These will be addressed through the better integration of all the strategies and programmes, partnership working and community involvement. This integration is at the heart of spatial planning.

The forthcoming draft of PPS1 will make clear that planning policies should promote sustainable development that builds socially inclusive communities. Policies should ensure that the impact of development on the social fabric of communities is taken into account. The planning policy should address accessibility for all to jobs, healthcare, education, shops, leisure and community facilities.

Planning policy should also take into account the needs of disabled people, black and minority ethnic groups and other disadvantaged groups. Planning Policy Statement 1 will make it crystal clear that development plans should contain clear and comprehensive access policies. It will make clear that such policies should consider people's diverse needs and aim to break down the unnecessary barriers and exclusions in a manner which benefits the entire community.

Our proposals for community involvement are also important. Local authorities must seek to involve the whole community in the preparation and review of all local development documents and significant control decisions.

Planning Policy Guidance 11 and 12 also make clear the importance of access to documents and processes. The community cannot be fully involved if they cannot fully participate. This includes not only the accessibility of material in terms of clarity, but also in terms of different formats and, in the case of examinations in public, in terms of access both by public transport and the venue itself.

Disabled people and the wider community will have an early opportunity to influence the content of regional spatial strategies and local development documents and therefore the development plan. Not only must the plans address the issue of sustainable development, the community can actually seek to ensure that this happens in reality and that the system builds in some future safeguards to ensure that it will happen.

Local planning authorities must comply with the statement of community involvement when preparing the local development documents. We are legislating for a new system. Unlike the present one, the purpose of the examination of such documents will be to consider the soundness of the plan, which includes whether local planning authorities have complied with their statement of community involvement. If it does not, the inspector can recommend that it be withdrawn.

In the case of the regional spatial strategy, the Secretary of State may withdraw a draft revision of a regional spatial strategy and can revoke it in whole or in part if he believes that it is necessary to do so.

For Wales, Planning Policy Wales 2002 provides policy guidance on sustainable development and seeks to ensure accessibility for all in policy-making and planning decisions. The supporting Technical Advice Note on Design 2002 promotes good practice in inclusive design.

As in England, current development plan guidance makes clear the importance of access to documents and processes. The proposed local development plan system within the national planning policy framework for Wales will be wholly consistent with the Government's aims which I stated earlier.

Let us be clear: we want the new system to ensure that local authorities promote an inclusive environment and give full consideration to the needs of all people throughout the whole of the planning system. Everyone has to be able to share in the benefits which development can bring. Nobody should be treated unfairly. To that extent we want the new planning system to be inclusive. We remain concerned to ensure that the system fully reflects the needs of disabled people.

As I have said, my officials are continuing to work with the Disability Rights Commission and others. People may comment on anything they want in responding to the draft PPS 11. There is no barrier to the level of response. It is not a question of what is included, but what may have been excluded.

The draft regulations require that the regional planning board should consult those general consultation bodies it considers appropriate in preparing its draft regional spatial strategy. That includes, under Regulation 2, bodies that represent the interests of disabled persons. I must tell colleagues on all sides of the House who have spoken that there is no ambiguity about the matter. However, I cannot give chapter and verse at the moment because a lot of material ancillary to this Bill is in draft form. Furthermore, we will debate other wider issues in more depth than we can today when we reach Clause 38. I realise that this is a key part of the Bill but these issues will be explored—I want to explore them—in greater depth at that time.