UK Parliament / Open data

Growth and Infrastructure Bill

My Lords, I understand and agree with the intention behind Amendments 13 and 14. We have no argument with the suggestion that the fee for any connected application should be transferred to the local planning authority or the hazardous substances authority if it is found that the application is not, in fact, connected and the authority is the most appropriate body to determine the application. I hope that that covers those points. That is not, however, something that we want to provide for in the Bill, because such matters are most appropriately dealt with, alongside other fees issues, in the appropriate secondary legislation. It will be in secondary legislation and I should like to reassure noble Lords that that is what we intend.

Turning to the other amendments in this group, it is our intention that the Planning Inspectorate will deal with as many aspects of an application made directly to the Secretary of State as possible. In these circumstances, as the consultation document makes very clear, we intend to ask a designated planning authority to carry out only some basic administrative tasks. These include entering the application on the local authority’s planning

register, undertaking neighbour notification and posting site notices. Therefore, subsection (6) of this clause has probably generated more excitement than is merited because none of these situations is very cost-intensive. While the provision indeed gives the Secretary of State a direction-making power in relation to designated authorities, it is intended to be used in a manner strictly limited to those aspects of handling an application for which it makes absolute sense for the job to be done locally. While I agree with the sentiment behind Amendment 20, I am not convinced that it is necessary to put such a requirement in the Bill.

I am also confident that there is no need to add “designated” before “authority” in subsection (6)(b), which Amendments 21 and 22 seek to do. The subsection can apply only to applications made directly to the Secretary of State, which would be possible only where an authority has been designated under this clause. It follows that the additional words are unnecessary.

In relation to Amendments 23 and 24, the local authority planning service is funded not only by fees from planning applications, which the noble Lord, Lord McKenzie, alluded to, but from the local government grant, which authorities will continue to receive to help cover these basic administrative costs. There will be no diminution there. The cost of the work will be minimal but the potential need to meet these costs should be seen as part of the disincentive to performing poorly.

Type
Proceeding contribution
Reference
742 cc1062-3 
Session
2012-13
Chamber / Committee
House of Lords chamber
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