Localism Bill

Well, I did not make the point that it was flat. Never mind, we shall get around that. I must say at the outset that we are committed to promoting sustainable development through the duty to co-operate. I do not want to take a confetti approach to sustainable development in every single sentence—as the noble Lord, Lord Deben, suggests we are doing—but to some extent I am going to have to in reply to this amendment. We looked at Clause 98 in Committee to see whether there was scope to give sustainable development even more emphasis. The noble Lords, Lord Deben and Lord Newton, are concerned about the localism aspect, but there are clearly times when it is important that local authorities and others work together to ensure that there is a proper plan. We have gone on to consider this matter carefully during the months since Committee, and Amendments 203U and 203W provide me with an opportunity to explain why I do not think further amendments are necessary. There is already a duty to co-operate on councils preparing local plans, with the objective of contributing to the achievement of sustainable development. The duty is contained in Section 39 of the Planning and Compulsory Purchase Act 2004. It will also now apply to local and county councils and all the other bodies covered by the duty to co-operate as they plan for strategic cross-boundary matters in local plans. This is the important aspect—not to negate localism, but to make sure it can be carried out where strategic plans are being developed because the proper people have been consulted at the proper time. Councils are already required to promote sustainable development through the duty to co-operate. We have also made it clear in the title of Clause 98 that the duty relates to the planning of sustainable development, and we have put sustainable development at the heart of the strategic matters on which we expect councils and other public bodies to co-operate in preparing local and marine plans. I hope that my description of the duty to co-operate and its relationship to the wider duty in Section 39 of the 2004 Act illustrates why we do not need to amend this Bill. We believe this policy is a more appropriate way to emphasise the important role of the duty to co-operate in promoting sustainable development, and we will consider further, as part of the consultation responses on the National Planning Policy Framework, whether that is necessary. We shall also consider whether it would be helpful to emphasise the importance of sustainable development in any guidance that the Secretary of State issues on the duty. I understand that Amendments 203X, 203Y and 203Z are intended to ensure that co-operation between councils and other public bodies is not limited to co-operation on sustainable—and I put that in inverted commas—development. The key issue here is that the duty applies to the preparation of local plans and where they relate to strategic cross-boundary matters. Local plans will set out policies for the sustainable development and use of land. As I said earlier, councils and other bodies covered by the duty will already have to work jointly on local plans, with the objective of contributing to the achievement of sustainable development. Given these requirements, we do not consider that Amendments 203X, 203Y and 203Z are necessary. However, we shall consider whether this needs to be addressed in guidance issued subsequently on the duty to co-operate. Amendments 203ZA and 203ZB would provide more prescription regarding the engagement that is required between councils and other public bodies under the duty to co-operate. We agree that the duty must be effective. That is why this has already been strengthened during the Commons stages, and we have worked closely on this with external experts such as the Royal Town Planning Institute. I do not think we are going to want to up that any more; this has already been done as a result of the Commons’ intervention. Strategic planning is not—and I think other noble Lords have suggested this—a one-size-fits-all approach. It is now localised. It needs to be flexible, allowing councils to respond to particular issues and local circumstances. Our requirements for engagement will give councils and others the flexibility to decide how to fulfil their responsibilities, rather than forcing them into specific actions. We believe this strikes the right balance, ensuring that co-operation will result in effective local plans, and strengthening accountability to local communities, businesses and interested parties. We are pleased that this view is supported by others. For example, the RTPI believes that the duty now has the potential to improve planning at the larger-than-local level and encourage effective solutions to cross-boundary issues. The further Amendment 203V adds detail to the description of engagement required under the duty. We have looked at this text carefully, but do not think that it adds to the clause in drafting terms and have concluded that it is not necessary on the face of the Bill. If I could amplify how extensive this duty should be, the draft national planning policy framework sets out the strategic priorities that we expect councils to address in local plans, working cross-boundary and with other public bodies. The issues include housing, economic development, environmental protection, climate change and infrastructure, which of course will deal with the transport matters that the noble Lord, Lord McKenzie, referred to. So, with the explanation that in fact most of this is either already in or has been strengthened since coming from the other place, I hope the noble Baroness will feel able to withdraw her amendment.