Localism Bill

My Lords, not having participated in proceedings on this Bill hitherto, I hope that the House will none the less tolerate me in making a very few remarks in response to what I have listened to this afternoon. It is desirable that the definition of sustainable development should be filled out, not least because of the suspicions that many people currently entertain in this country that sustainable development is no more than a euphemism for development at all costs. I know that that is not the Government's intention but that is unfortunately the impression that has gained some currency. It would be desirable to fill out the definition in order to reassure people and in order to provide better clarification and guidance for planners and would-be developers as well as for the communities that would be affected by the development. We should be grateful to the noble Lord, Lord Greaves, for having tabulated so many of the components of sustainable development in an appropriate sense. I agree also with the right reverend Prelate that, however we formulate this, it ought to be clear that the spiritual dimension of our human existence is something that is to be supported and sustained in this process of sustainable development. I am also attracted to what my noble friend Lady Andrews had to say about incorporating references in appropriate wording on cultural and heritage matters. One might also add that it would be desirable for a definition of sustainable development to incorporate language relative to design, and that it should stress the importance of good design processes in achieving sustainable development. I think that what I am saying illustrates that we are not yet in a position to agree on a definition of sustainable development, other than in the succinct—perhaps too succinct—Brundtland definition, which the Government use in the draft national planning policy framework. I am also wary about incorporating rhetoric and aspiration in legislation. It seems to me that our legislative tradition in this country is to be as specific as we can about legislation, to enable the courts to interpret it in a practical and expeditious fashion. I agree also with the warning uttered by the noble Lord, Lord Deben, that if an elaborate definition is placed upon the Bill, there is a danger that it will be almost an invitation, if not a challenge, to litigants to try to exploit it, whether their intention is to prevent or promote development—although the former is more likely. If the practical upshot is that development would be quite seriously inhibited by placing a more complex definition of sustainable development on the Bill, then perhaps we should be very careful indeed about doing that. It seems to me, therefore, that if we are to fill out the definition, the right place to do this would be in the national planning policy framework itself, which is the gloss upon the Bill. This is the document that explains and interprets to the lay person, and all sorts of practitioners, the policy of the Government and what they seek to achieve through this legislation. Again there are difficulties, partly because there is not yet a sufficient consensus about how to define sustainable development. At least if you have a national planning policy framework, it is possible to update it from time to time without having to resort to all the processes of primary legislation. Even if we put a complex definition into the national planning policy framework, that may still make the process more susceptible—too susceptible—to litigation. It depends upon the legal standing of the national planning policy framework, but I think that it does have some sort of legal status. So, I just counsel caution about this. I really do counsel caution about trying to place a satisfactory definition on the face of the Bill, and I think that we should even be rather cautious about trying to elaborate the advice given—the guidance—in the national planning policy framework.