Planning Bill

Part of the debate – in the House of Lords at 3:45 pm on 18 November 2008.

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Photo of Baroness Andrews Baroness Andrews Parliamentary Under-Secretary, Department for Communities and Local Government, Parliamentary Under-Secretary (Department for Communities and Local Government) 3:45, 18 November 2008

My Lords, I thank the noble Baroness, Lady Hamwee, for interpreting and speaking to my amendment, which I shall say nothing more about.

I will answer quite a lot of the questions asked by my noble friend Lord Howarth by referring to the letter which my noble friend Lord Hunt of Kings Heath sent to the noble Lord, Lord Reay, but I will have to write him about others because they were even more detailed than some of the answers that he received. I will do my best not to weary the House by referring to the letter, which answers most of these questions.

National parks and areas of outstanding natural beauty have the highest status of protection for their landscape and scenic beauty, and great weight indeed should be given to them in planning policies and development control decisions. Of most relevance to this in the context of the Bill is the major development test. This is set out in paragraph 22 of PPS7, which says:

"Major developments should not take place in these designated areas, except in exceptional circumstances".

As my noble friend Lord Hunt said on Report, national policy statements will take account of all relevant government policy, which will include PPS7 where it is relevant to that NPS.

PPS7 recognises non-designated areas of landscape outside nationally designated areas that are particularly highly valued locally. It sets out that local authorities should draft criteria-based policies in local development documents, utilising tools such as landscape character assessment. The noble Lord asked how strong those planning provisions are: they are very strong indeed.

Specific policies on planning for renewable energy, including on landscape protection, are set out in PPS22, which is supported by a companion guide to provide practice guidance on assessing the visual and landscape effects of planning applications for wind turbines. PPS22 recognises that the landscape and visual effects of particular renewable energy developments will vary on a case-by-case basis according to the type of development, its location and the landscape setting of the proposed development.

PPS22 advises that in sites with nationally recognised designations, such as sites of special scientific interest, national parks and AONBs, planning permission for renewable energy projects should be granted only where it can be demonstrated that the objectives of designation of the area will not be compromised by the development and any significant adverse effects on the qualities for which the area has been designated are clearly outweighed by the environmental, social and economic benefits. Small-scale developments should be permitted within these areas provided that there is no significant environmental detriment to the area concerned. We intend that there will be an NPS for renewable energy, which will be drawn up and consulted on in due course.

The noble Lord asked me about the European Landscape Convention, which has been mentioned several times during the passage of this Bill. As my noble friend said on Report, the Government believe that the UK is already fulfilling the requirements of the convention; therefore, it does not have any immediate implications for the planning system in England. National planning policies, including PPS1: Delivering Sustainable Development, recognise the need to provide appropriate protection and enhancement of rural and urban landscapes in England, in line with the principal aims of the convention.

The noble Lord mentioned Natural England. Defra has asked Natural England to take the lead on the implementation of the ELC in England, working closely with English Heritage and others. I should like to underline that Natural England will be a statutory consultee for all NPSs and will be able to raise those issues that it feels are appropriate, including any arising from the ELC.

The Bill also requires that, before designating a national policy statement, Ministers must carry out an appraisal of their sustainability. That will assess the impact of the NPS on the landscape and other environmental issues, and ensure that they are taken into account. As with Clause 10, it will capture not just environmental but also economic and social impacts, which will ensure that we understand the impact of NPSs holistically as we seek to deliver our sustainable development objectives.

The Government agree that high quality landscape is important and should be protected. They have put policies in place to that effect, and NPSs will take account of all relevant government policy. Local authorities will be able to report to the IPC on the impact of specific proposals. The noble Lord asked about regulations under Clause 104(2)(c) in relation to PPS7. I will write to him on that, but I can tell him that a number of provisions on protecting landscape will be incorporated into NPSs. With that reply and with the promise of reading Hansard tomorrow and picking up on any detailed questions that I did not address, I hope that the noble Lord will be content.