UK Parliament / Open data

Localism Bill

My Lords, I have tabled three amendments in this group. I apologise that I missed my amendments in the earlier group, because the Committee is making such breakneck progress on this Bill, but I wish to speak now. However, I support both the amendments tabled by the noble Lord, Lord Best, and the cross-reference by the noble Lord, Lord Greaves, to Schedule 12 and the need to clarify the position in relation to conservation areas and the setting and general appearance of buildings, which from Schedule 12 seems not to apply to neighbourhood plans. My amendments attempt to relate neighbourhood plans to the broader planning structure, which still exists. The Government have, of course, deleted any application of regional spatial plans but there are still national policies, national advice and the local plan. This part of the Bill, paragraph 8 of the new schedule in Schedule 10, relates to the issues which the examiner should take into account when considering neighbourhood plans. It seems to me that under paragraph 8(2), there is a weak relationship between the requirements on the examiner and the reference to national policies. We all know that ““having regard to”” national policies and advice containing guidance means that you can take no notice of it. Indeed, that is often the case. I am suggesting a rather stronger form of words: that the examiner should consider whether the plan ““is compatible with”” the national policies and the advice issued by the Secretary of State and that, in relation to the local plan in paragraph 8(2)(d), rather than the order being, "““in general conformity with the strategic policies””" of the local authority's plan it should be in, "““conformity with the objectives and policies””," of that plan. It seems to me that general conformity is, again, fairly weak. If the examiner were to find that the plan is in general conformity or had taken into account the Secretary of State's advice but then totally ignored it, there would be problems. We need to place some tighter requirements on the examiner in this regard. I am all for flexibility and localism but if we are maintaining a structure of planning, there needs to be interrelationship between its various layers. My three amendments in this section, starting with—I get lost in this alphabet soup—Amendment 153ZZA, therefore would attempt to tighten up the form of wording in this section. I commend them to the Minister.
Type
Proceeding contribution
Reference
729 c1260-1 
Session
2010-12
Chamber / Committee
House of Lords chamber
Legislation
Localism Bill 2010-12
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