My Lords, this is a probing amendment that enables us better to understand what is intended by a very specific provision. It also gives us the opportunity more generally to assess progress on the process for dealing with nationally significant infrastructure projects.
To the narrow point first: for non-material changes to a development consent order, the duty to comply with consultation and publicity requirements is placed upon the person applying for consent as well as on the Secretary of State. The Explanatory Note suggests that that “may” happen although it would appear to be automatic given the wording of the Bill. Perhaps the Minister could elucidate. If it is not automatic, who makes the decision to place that obligation on the applicant? When it comes to the exercise of the discretion,
it is not clear how prescriptive the regulations will be in setting the parameters of that discretion, and particularly what scope the applicant may have to, say, disapply prescribed consultation requirements. Perhaps the Minister could put something on the record in that regard.
We note that this clause and Clauses 17 and 18, which we support, spring from the review of the nationally significant infrastructure planning regime review. Much of what flows from that review will do so in regulations and guidance, much of it outside the timeframe for our consideration of the Bill. In principle, the direction of travel of that review is something we can support. The creation of the nationally significant infrastructure regime by the Planning Act 2008 was important in seeking to simplify and speed up planning consents for infrastructure projects, as we just discussed. However, even in the short time since that Act there have been changes to the legislation: transferring power back to Ministers, which was then delegated straight back to the Planning Inspectorate; widening the scope so that other major developments are included; eliminating the need for certain consents; establishing the consents service unit; and setting up the major infrastructure and environment unit.
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This planning regime is especially important given the current interest in infrastructure across the political spectrum, the recognition that the UK’s infrastructure has not been renewed or enhanced when needed and that something must be done about it and, in particular, the need for a political consensus for a 25- to 30-year plan. We have had the benefit of the Armitt review, which recommended a new independent national infrastructure commission to look 25 to 30 years ahead at the evidence for the UK’s future needs. It would then set clear priorities aimed at achieving cross-party political consensus, public support and investor certainty for long-term decisions on the UK’s energy, transport, water, waste, flood defences and telecommunications. We have common cause in ensuring that the infrastructure planning regime is operating as effectively and efficiently as possible.
At the commencement of the review, discussion identified that the system was working well, but can the Minister update us on progress? How many projects have been approved and in which sectors? How many are in the pipeline? How many and what types of projects are progressing under the expanded process set out in the Growth and Infrastructure Act? We note that much of the focus of the review recommendations, particularly around improvements to the pre-application process, falls upon the Planning Inspectorate. What reassurance can the Minister give about the capacity of the inspectorate to handle this and, I hope, growing numbers of projects? I beg to move.