Planning Bill

I had understood that the role would be performed by a government body before it reached the Secretary of State. However, we still think that is important that the consent process is owned by the IPC, because of the detailed information that it will have and the process that will need to be gone through. The IPC will be able to advise on how the requirements and standards for applications set out in Clause 36 will apply for individual applications as well. The IPC will also be able to provide information on the particular timings and processes for each stage of an application to ensure that those seeking to make representations are ideally placed to make their views known. Additionally, the IPC will be, and will be seen to be, independent of any body with an interest in the process, and is therefore ideally placed to give open, impartial advice to both promoters and those with concerns about a project. For example, the Secretary of State in this case or the Planning Inspectorate will not have the detailed knowledge of the IPCs processes that will be undertaken in respect of individual applications. That is a position unique to the IPC. It is absolutely a job for the IPC to do. Having set out the argument that the IPC is best placed to give this advice, I should stress that it is vital that this early contact between the commission and other parties should not prejudice its decision in any way. That is the purpose of the power in Clause 49 to make regulations regarding the giving of advice, in particular regarding disclosure of the advice more widely, and to the public in general. Amendment No. 208 would require requests for advice and advice given by the commission to be made available to the public. These regulations will be published in due course, and while I am not therefore able to give details of what they will say, they are likely, for example, to make provision for minutes of meetings, notes of telephone conversations or advice from the commission to be available to all parties and the public in general, in an easily and widely accessible format. I echo the words of the noble Lord, Lord Jenkin, about making sure that people with disabilities have access to that information as well. That will help to ensure that it is clear to everyone that the commission acts impartially, and that the advice-giving process is as open as possible. Noble Lords will, of course, have an opportunity to scrutinise these regulations to ensure that they are proper, and they will also be subject to public consultation. It would not, however, be appropriate to require that all advice requested and given be made available to the public, as Amendment No. 208 would require. I must stress that freedom of information legislation already provides a regime for determining when information should be made generally available, and in what circumstances information should not be made available to the public. We have added the Infrastructure Planning Commission to the list of bodies that are subject to the requirement of freedom of information legislation, and the normal provisions for disclosure and exemptions will apply. Amendment No. 205 would alter Clause 49 to provide that the commission's advice about the making of representations should include advice on making oral submissions and the cross-examination of witnesses. I reassure the Committee that the provisions of the Bill in respect of advice also extend to oral representation. I can also confirm that it is the intention that advice will cover details of procedures, including the rules on when it might request cross-examination. In conclusion, I should also like to underline the work that the Government are undertaking to ensure that people have access to information and advice on planning generally. We have announced that we will be nearly doubling the planning aid grant to £3.2 million this year, to enable more people to benefit from free independent advice to help them comment on proposals, make representations at inquiries, or submit a good planning application. Community planning programmes exist in each region in the UK to identify groups that have previously been excluded from the planning system or are disadvantaged from years of not having a voice, and the planning portal website also provides tools and information to help people find out about planning in their area and assist them in making applications electronically as well as submitting and tracking appeals online. I understand the concerns expressed by noble Lords, but I hope that I have reassured the Committee that advice given by the IPC will be, and will be seen to be, transparent and fair to all parties. We are committed to making it easier for people to engage in the planning system generally, and the provisions in the Bill build on and enhance that commitment. I hope, therefore, that the noble Lord will be prepared to withdraw his amendment.