My Lords, at this time of night I will try to deal with the amendment extremely briefly. As we discussed earlier, the problem with the planning system is that it involves more than one consent. In many planning applications there is an obligation to notify other statutory bodies of the application that has been made. One of the problems that has emerged from that is the time taken by those other bodies to respond. In the mean time, of course, until they have responded, the planning authority cannot get ahead, which is one of the reasons why planning decisions get delayed.
Amendment 81CA sets out a procedure by which in appropriate cases the local authority can charge the consultee for the delay. This, it is hoped, will never have to be used. Of course, if there is agreement with the authority that the consultee cannot reply within the 21 days or whatever is appropriate for that particular consultation, that is different. If they have agreed a different timetable, that is fine. However, in many cases they simply do not reply. A disincentive to delay of that sort, with the prospect of being fined, might in fact encourage the others.
One might ask the question, “Would it actually deliver?” The Killian Pretty review on planning applications, Planning applications: A faster and more responsive system, came to the conclusion that it has the potential considerably to reduce the delays due to consultation. It has been estimated that these delays cost the economy at least £35 million a year. This would therefore be a valuable extra piece of machinery that could encourage the acceleration of the decisions on planning applications.
We are also discussing Amendment 81CB. This is a rather more drastic amendment, which perhaps at this stage should be regarded as a probing amendment. Certain of the consultees, the statutory bodies, have the power to veto applications. Examples have been given—I will not quote them all—of where a highways authority has said, “You cannot possibly do that. We will veto it”, and it does so under a power that has
been given by the Secretary of State. This amendment is intended to remove that power of the Secretary of State. It is not right that a highways authority or whoever should have the right to veto an application just like that. I can understand that there may have been a reason for it, but it is one of the reasons why planning applications run into difficulties and why applications then have to be turned down.
These are two ways in which we could achieve the Government’s objective of speeding up the planning system. I hope that my noble friends on the Front Bench may be able to give me an encouraging reply. I beg to move.