I have said many times that we are very keen to ensure that the local authorities have an enhanced role in this process, as they must as guardians of the local community and the local environment. The forensic attention which noble Lords have paid to those clauses has been well worth it. In essence, as I have said, the promoter of the project will consult the local authorities. The IPC will have to have regard to any report on the adequacy of the promoter’s consultation which they receive from a local authority consultee. Local authorities are statutory consultees.
In addition, Clause 58 requires the Infrastructure Planning Commission, on accepting an application for development consent, to invite the affected local authority or local authorities to produce a report of the likely impact on their local community. Clause 101 requires that the IPC must have regard to the local impact report when making its decision. Clause 102 requires the Minister to do the same in a case where they exercise their power of intervention to take over and decide.
The noble Lord, Lord Greaves, asked me a simple question: does the term ““local authorities”” cover county councils and district councils in two-tier authorities? The short answer is: yes, it does. I am pleased to confirm that there should not be any issue about that. The amendment duplicates the effect of Clause 99(5), which provides, among other things, that a local authority means a county council or a district council in England. He raised the reading of the clause and its grammatical structure. I shall look at the clause to see whether there is unnecessary ambiguity and will take advice. I am sure that it is written as it is for very good reason. I can give the noble Lord that assurance, but I will see whether any unnecessary confusion is caused by the punctuation.
The amendments to Clause 58, raised by the noble Lord, Lord Taylor of Holbeach, seek to expand the requirement of the local impact report to the marine environment, as well as provide that local impact reports should be produced by the relevant marine body if the land or area to which the application relates, or any part of it, is coastal or offshore. Clearly, the intention is to ensure that in deciding the application the IPC should have proper regard to the appropriate marine policy and plans. He has also made amendments to Clause 101, which is the crucial decision test clause.
Although we are absolutely clear that marine policy and marine plans, where relevant, will be important to considerations in decisions on applications for development consent, the Bill provides for those in a different way from the assessment of local impacts. We consider that the right place for the consideration of the marine environment will be the NPS and the marine policy statements. This is an important point and I want to reassure him that we will require that the NPS and the relevant marine policy will be consistent. The NPSs have to draw together all relevant policy into a framework that everyone sees is consistent in order for the promoters to develop their projects and for people to understand the balance of various arguments and interests. Within that, the IPC will take the final decision.
In addition, we envisage that where the development requires the consideration of the marine environment, the relevant marine body would be a statutory consultee. I am happy to confirm that. I have also said that I will write to the noble Lord and that I will explore the issue of the interrelationships before Report stage. If issues arise about this interface, I hope that we can discuss them outside the Chamber so that he can be reassured that we are doing out best to make sure that government policy, as always, is seamless.
Planning Bill
Proceeding contribution from
Baroness Andrews
(Labour)
in the House of Lords on Thursday, 16 October 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Planning Bill.
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Proceeding contribution
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704 c903-4 
Session
2007-08
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