Planning Bill

I shall make two points, the first of which I have discussed with my noble friend Lord Dixon-Smith. Amendment No. 125, looking at the definition of a generating station, would add a requirement that it should be capable of generating heat. This would clearly be highly desirable wherever it was feasible. However, because many of the generating stations that would fall within the purview of the Bill will be nuclear power stations—I do not think that anybody is contemplating putting a nuclear power station into the old Battersea site—they will be remote. It is now well recognised that to try to use the heat from a such a power station may be wholly impractical. I have been given the example of when there was an application for a combined cycle gas turbine at West Burton. It was made clear that while the Government certainly wanted to see if there was a possibility of CHP and the use of heat, the conclusion was: "““The Secretary of State is of the view that the Company has seriously explored the possibility of CHP and agrees from the evidence presented that there is no existing heat load within a reasonable distance of the application site to justify amending the proposal to be CHP””." The point forcefully made to me on behalf of the Nuclear Industry Association is that if my noble friend’s amendment were to be added to the Bill, however much one might recognise the desirability of promoting the use of waste heat, it would actually kill off the prospect of people investing in new nuclear plants. As I say, I have discussed this with my noble friend and he understands the problem. While I am on my feet, in order not to have a separate debate on whether Clause 14 shall stand part of the Bill, I raise the question of nuclear waste. I discussed this briefly with the Minister the other day and she kindly arranged for me to have an excellent note on it. I was told that the phrase ““hazardous waste”” at the bottom of the list does not include nuclear waste. I accept that. However, the note says: "““Whilst not having yet taken a final decision, Government is currently inclined to look towards applying the new system in the Planning Bill, and believes that the new arrangement could assist in the delivery of agreements with local communities””." It goes on to outline the consequences of that. When the Minister replies, it would be helpful if she could give a slightly fuller explanation of the factors leading Ministers to consider the possibility of using the Bill to deal with a huge project: the underground repository for hazardous nuclear waste. After all, there is a whole process going forward under the Managing Radioactive Waste Safely programme for developing a volunteering approach so that some local community could offer to host the waste. Although I am extremely grateful for the note that I received from the noble Baroness’s department, it seems to me at first sight that there is a considerable difference in the whole process and procedure that would be necessary for using what is envisaged in the existing radioactive waste policy and what would be involved if these matters had to come under the Infrastructure Planning Commission. If it is not possible to answer that question, I should be grateful if somebody could write to me and spell it out. Clause 14(1)(o) refers to, "““the construction or alteration of a hazardous waste facility””." At first sight that could refer to a nuclear waste facility. Apparently it does not, but there is a possibility that it might do. I should like that to be explained in correspondence if it cannot be done tonight.