Planning Bill

Perhaps I may begin by setting out what Clause 49 seeks to achieve. The giving of advice will play an important role both in helping to ensure that applications to the commission are consistently well prepared and are of good quality from the outset, and in assisting people to participate in the process for making representations about a proposal and participating in the examination process. Promoters are likely to need early advice on whether the project that they are considering would fall within the commission’s remit to determine. The commission would also be able to provide technical advice on procedural issues and about the form of the application and the supporting documents that should be submitted. The commission may also be able to give early advice on the kind of information that should be collected. Some data—for example, data needed for an environmental impact assessment—can take a long time to collect, and it will be important for promoters to understand the data requirements so that they can start gathering at the earliest opportunity. This could avoid substantial delays caused by needing to gather new information during the decision-making stage. We will make regulations about the environmental impact assessment in due course. It is important that the advice-giving process does not favour the promoter, as other parties, such as local people or people with an interest in nearby land, may also want advice from the commission. They may, for example, seek more information about the application process, how to make representations, or the procedures and timescales. Clause 49 therefore allows advice to be given about such issues equally to those seeking to make representations. That ensures that the process for applying for orders, granting development consent and making representations is transparent to everyone involved. It will help people who might object to a proposed application find out what types of evidence they may be allowed to give to the commission during the examination and how they can make their views known. The detail as to how advice will be given will be a matter for the IPC to determine, in accordance with any regulations about this under Clause 49(4). However, it may be expected that a range of methods could be employed; for example, information could be made available online as well as in person, or on request in writing or even by telephone. In Amendments Nos. 204, 206, 207 and 209, noble Lords argue that it would be improper for the decision-making body also to have responsibility for giving advice to promoters. The amendments would place this role in the hands of an existing body— perhaps they have in mind a body such as the Planning Inspectorate. I wholeheartedly agree with noble Lords on the need for propriety, and for a clear and transparent process for giving advice. When giving technical advice to promoters, it will of course be very important that the IPC does not prejudice its position as regards the determination of the application. It is, however, essential that this advice-giving function falls to the IPC. Most importantly, the consent process will be owned by the IPC, and it would make little sense for another body to give advice on it. It will hold much of the detailed, practical information that might be needed. For example, the IPC will undertake the scoping for environmental impact assessments, and advice regarding this will be of vital importance.