Planning Bill

Nothing divides us on this—the noble Lord is absolutely right. That is one of the reasons for having a local impact policy. It helps to explain how the local development framework will be reflected in the effects of the planning application. I am beginning to be rather incoherent at this time of night, but I shall look in the report to see whether what I have said makes sense. However, I promise to write a letter that will leave no one in any doubt about how this will all fit together. As to local development documents, relevant local authorities and other planning authorities will be consulted by the promoter of a project under the provisions of Part 5, which we have already debated. There is no way that that will not have made it clear how the proposal relates to the local development plan. In addition, we have talked about the promoter consulting local communities and demonstrating how he has made responses to the consultation. I have referred again to the local impact report, which will evaluate how the proposal fits in with their development plans and the views of their residents. I have addressed the point about marine policy and plans, albeit rather briefly. I turn to the tiny raft of amendments covering health and well-being, and the environment, including biodiversity and natural resources. I have sympathy with what noble Lords are trying to achieve through the second part of Amendment No. 313A. All the elements are identified as important factors that need to be taken into account. I hope that what I have said so far reassures noble Lords that in the alignment of policy, these issues will be given proper consideration. The NPSs will take into account all relevant policy and set out the particular impacts that it is important for the IPC to take into account. That will ensure that the issues are given proper weight. Let me turn to the issue of ““material considerations”” versus ““important and relevant””. I take the noble Baroness’s point that the wording should read ““relevant and important”” and I will consider that. Amendment No. 302 seeks to introduce the concept of material consideration, which comes from town and country planning, into the decision test. I should like to consider that, along with Amendments Nos. 306 and 316, which seek to remove the requirement that in order for a relevant matter to be something to which the decision maker should have regard, it must also be thought to be important. There is a considerable amount of case law on the meaning of ““material consideration”” because the term has often been misunderstood and has hindered rather than assisted effective decision-taking. It is precisely because we have tried in the decision test not to import that sort of confusing legalistic language that we have replaced it with clearer language about importance and relevance. I think it is better that we do not simply replicate the existing language. On Amendments Nos. 303 and 315 dealing with written and oral representations, a distinction needs to be made between ensuring that the commission examines and considers all the evidence before it and taking into account what is relevant to the decision. That is a basic distinction and a basic function, and it is what we have tried to achieve. The commission will have to examine and give proper consideration to all the evidence it receives by way of both written and oral representation, obviously excepting representations that it thinks are vexatious or frivolous. But the decision test is a different issue. We want to ensure that it is indeed based on criteria of importance and relevance. I hope that noble Lords will accept that justification. Finally, Amendments Nos. 317 and 319 seek to reduce the timetable. We all share the noble Lord’s concern that these very important and complex decisions are taken in a timely and efficient manner and think that three months is an appropriate period of time in which to secure that outcome. The other amendments are consequential on that. I know that that is a disappointing response, but I think we have allowed for an appropriate length of time.