My Lords, Amendment 102ZA has enabled us to revisit our discussion on a proposed community right to appeal where there is an emerging or made neighbourhood plan, and I thank all noble Lords who have contributed today. Although I appreciate the intention behind the amendment, I cannot accept it and will explain why.
We have a long-established and much-valued right of appeal. It recognises that the planning system acts as a control on how an individual may use their land. This existing right of appeal serves an important purpose—to compensate for the removal of the individual’s right to develop—and there is no need to change this fundamental principle. That is because communities are integral to and involved in the whole planning process. They are consulted on the preparation of the local plan for their area from the earliest stages, through to making representations to be considered at the independent examination. The right of every community to produce a neighbourhood plan takes this further, allowing communities to set their own planning policies for the area. Those are the basis for decisions on planning applications and guide how the neighbourhood develops.
Importantly, communities can make representations on individual planning applications and appeals, and the Bill and new regulations will provide neighbourhood forums with the right to request notification of applications in their area, alongside being statutory consultees on their area’s local plan. The views of the community are considered at every stage in the decision-making process. Given all the opportunities that already exist,
the Government do not believe that a community right of appeal is necessary.
It cannot be right for development that secures planning permission to be delayed and uncertainty created at the last minute by a community right of appeal. The amendment would serve only to discourage people from getting involved in the planning process earlier, or lead to repeated consideration of issues raised and addressed during the planning application process.
To reinforce what I said in Committee, decisions on planning applications must be made in accordance with the development plan, unless material considerations indicate otherwise. A made neighbourhood plan is part of the development plan and therefore already a powerful tool that must be the starting point for the authority’s decisions on applications. National policy is very clear: proposals that conflict with a neighbourhood plan that has been brought into force should not normally be approved.
We have also made it clear that an emerging neighbourhood plan can be a material consideration in planning decisions, including where there is a lack of five-year housing land supply in the local authority area. Decision-takers may give weight to relevant policies in emerging plans according to the stage that the emerging plan has reached, the extent to which there are unresolved objections, and the degree of consistency with the National Planning Policy Framework. The extent of local support should also be taken into account. I also remind the House that in January, we announced that for a further six months, the Secretary of State’s criteria to recover and decide planning appeals would continue to include housing proposals in those areas where there is a made or submitted neighbourhood plan.
We have a planning system that balances competing demands for growth and protection. We have asked local planning authorities to balance these competing considerations to deliver sustainable development. We must now allow them get on with the job. For these reasons, I hope that noble Lords will not press their amendments.