Housing and Planning Bill — House of Lords, 2016-04-20
Topic: Housing
Susan Williams (Conservative, Centre-right): My Lords, I voice my thanks, again, for the time taken by noble Lords, including the noble Baroness, Lady Andrews, in trying to get right this aspect of the legislation and ensuring that permission in principle is as effective as possible. In Committee, I outlined the rigorous process of consideration and engagement that would be followed before granting permission in principle. In that context, I highlighted that I thought a situation where no scheme could be delivered in line with the permission in principle agreed on site, owing to unforeseen circumstances discovered at the technical details consent stage, would be highly unlikely. The noble Baroness presses me to give examples and I cannot get this example from my mind: it is another king in a car park, but where the whole car park is made unsuitable for development and not just a part of it, which can be allowed for in certain circumstances I informed noble Lords in Committee that the Bill already makes provision for permission in principle granted on application to be revoked or modified by a local authority if it considers it expedient to do so in extremely rare circumstances. I also recognised that, in the case of PIP granted through a locally prepared plan or register, the Bill does not currently provide for revocation or modification in such instances and that I would reflect on the need to make such a provision. I therefore wholly welcome the amendments that the noble Baroness, Lady Andrews, has tabled and strongly support their inclusion in the Bill. I also thank her for the way in which she has worked with me and officials in coming towards this stage. Amendments 107ZA, 107ZB, 107ZC and 107ZD will indeed enable local planning authorities to revoke or to modify the permission in principle granted by local plans or registers, where they consider it expedient to do so. Amendment 107ZD will also enable us to set out sensible compensation arrangements in these circumstances in secondary legislation. The amendments will extend the existing provisions that local authorities have to revoke or modify planning permissions to the permission in principle system. They will ensure overall consistency and provide an important final safeguard to address the rare and exceptional circumstances discussed in Committee, where this may be needed Amendment 107ZZA tabled by the noble Lord, Lord Beecham, and the noble Baroness, Lady Andrews, will oblige every applicant to engage with the community on their proposals before they submit an application for technical details consent. I certainly applaud the intention to involve the community in the development of a detailed planning application. Indeed, the NPPF and our planning guidance stress the importance of applicant-led, pre-application engagement. However, the power in Section 61W of the Town and Country Planning Act, inserted by the Localism Act 2011, is currently being used only to ensure compulsory pre-application consultation for onshore wind development above an appropriate threshold. This is a targeted requirement to help ameliorate local community concerns about and perceptions of such projects. I understand that the noble Baroness has laid this amendment because she is keen to ensure effective consultation; I do not believe, however, that applying this requirement to all technical details consent applications is the right approach We have just finished consulting on an approach that would give local authorities the discretion to consult further at technical details stage, where they consider it appropriate. We consider this a more locally led and efficient approach to consultation that will minimise unnecessary duplication between the permission in principle and technical details consent stages. The noble Baroness asked me about the expert responses to the consultation. I understand that we have received 150 responses. The noble Baroness asked if we would place them in the Library; I am very willing to do that.