My Lords, I thank noble Lords who have spoken to this series of amendments. Clause 107 sets out a light-touch set of requirements for prospective applicants for planning permission to publicise their development proposals so that members of the community have an opportunity to comment or collaborate on the design at an early stage. Instead, the amendments would require a prospective applicant to have regard to a code of best practice for consultation set out at the national level by the Secretary of State. It is not necessary or appropriate to set out detailed national standards. There should be flexibility for each consultation to be tailored to the unique circumstances and characteristics of the development proposed and the host area.
Furthermore, we do not consider ourselves as the Government to be the leading expert in consultation techniques. This is a fast evolving, creative area of practice which we do not want to stifle. Our intention is to be light-touch. Setting out standards in that way would also introduce an additional and potentially unpopular test of compliance for developers. The Government have made very clear that we want to reduce the amount of policy and guidance on the planning application process. Even if it was introduced with the best of intentions, a code of practice on pre-application consultation would only add to the list. Similarly, we do not want to start expanding the overall purpose of pre-application discussions. We see that is something that takes place between developers and local communities, with local authority involvement optional.
Amendment 153B would compel developers through statute to consider heritage matters at pre-application stage. That would duplicate existing national planning policy and go far beyond the original intention of the provision. Should the need to set up further procedural requirements arise in future, new Section 61Y sets out a power to make supplementary regulations about consultation procedures. The Government would consider carefully the impact of introducing any additional prescription to the policy through those regulation-making powers.
Clause 107(2) is necessary to ensure that developers submit evidence to the local planning authority of what consultation they have undertaken and the account taken of those responses. In line with the Government's commitment to sunsetting new legislation, Clause 107(3) and (4) ensures that the new duty is reviewed in future, by providing that it will cease to have effect after seven years unless it is extended by order.
I trust that, with those reassurances, the noble Lord will feel able to withdraw his amendment.
Localism Bill
Proceeding contribution from
Lord Shutt of Greetland
(Liberal Democrat)
in the House of Lords on Tuesday, 19 July 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Localism Bill.
Type
Proceeding contribution
Reference
729 c1294-5 
Session
2010-12
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