I thank the noble Lord, Lord Stunell, for that intervention. Obviously the National Planning Policy Framework stands independently from the Bill and I do not believe that any cross-reference is made in the legislation to the framework, but of course all planning decisions have to be made in accordance with it. I will deal with the point in the letter I will send round, but I think that all of the points which have been raised are covered in the National Planning Policy Framework as far as the Government are concerned and as far as the legislation allows.
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Amendment 32 is also intended to ensure that these measures do not have an adverse effect on sustainable development. It is essential that the planning system promotes development that is both sustainable and in the public interest and that it empowers local authorities that want to see this sort of development in their area. On that we most certainly agree. For that reason, as I have made clear, sustainable development is at the
very heart of the planning system and its importance is stressed in the National Planning Policy Framework. These measures on planning conditions build on that framework. That plays into the point made by the noble Lord, Lord Stunell.
The amendment would add to the list of constraints on the Secretary of State’s regulation-making power in subsection (2) of new Section 100ZA by explicitly requiring the Secretary of State to take account of sustainable development and the public interest in deciding whether it is appropriate to exercise the power in subsection (1). I remind noble Lords that both sustainable development and the public interest are relevant planning conditions and I hope to reassure them that these matters are already captured in the Bill. Paragraphs (a) and (b) of subsection (2) provide assurance that the Secretary of State will prohibit conditions only in so far as it is necessary to ensure that conditions will make development “acceptable in planning terms” and are relevant “to planning considerations generally”, both of which indicate the interconnection with the framework. This includes the need to consider the presumption in favour of sustainable development, which drives planning policy, plan-making, decision-taking and local views, which are already central to the planning system.
I would like to provide some clarity on an issue that was raised in the other place. When debating this same amendment, the Opposition expressed concern that there might be a situation where a local authority has been diligent and checked that the conditions that they proposed to impose on a grant of planning permission are in line with the framework and the guidance, but then the Secretary of State comes along and removes those conditions, rendering a development outside the sustainable development principles. I emphasise that, under the existing proposals, the Secretary of State can make regulations only to ensure that the conditions imposed on a grant of planning permission satisfy the national policy test. Paragraph 206 of the National Planning Policy Framework states:
“Planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects”.
I apologise that I keep coming back to this, but it is intended that these conditions are fully consistent with that and cannot be diluted by the exercise of powers of the Secretary of State under subsections (1) and (2) of Clause 12. In effect, this will help to ensure that the conditions that come forward are appropriate and well-rounded, meeting each of the tests.
At the risk of repeating myself, let me say that Clause 12 will not restrict the ability of local planning authorities to seek to impose planning conditions that are necessary to achieve sustainable development in line with national policy. The proposals will not change the way in which conditions can be used to maintain existing protections for important matters such as heritage, the natural environment, sustainable development and measures to mitigate the risk of flooding, as I indicated.
In terms of taking account of the public interest and ensuring that planning conditions are acceptable to local people, the Government continue to ensure
that the planning system is centred on community involvement. They give statutory rights for communities to become involved in the preparation of the local plan for the area and any neighbourhood plans, including strengthening their powers in this area through the Bill, and to make representations on individual planning applications and on planning appeals in the knowledge that the decision-maker will give these representations consideration and appropriate weight.
On Amendment 33, I know the importance of engaging with local planning authorities and other consultees in advance of making regulations under subsection (1), as they will have particular insights and useful information. However, the Government believe that the amendment is unnecessary, as this clause already ensures that appropriate consultation is carried out. Subsection (3) of new Section 100ZA provides that a public consultation must be carried out before the Secretary of State makes regulation under the power in subsection (1). As I said, I will expand on exactly how that will be carried out in a written letter following today’s Committee session.
To help demonstrate that local authorities already respond to public consultations carried out by government, we recently sought views on the detail of the conditions measures in our public consultation, Improving the Use of Planning Conditions. The government response was published on 15 December. Some 40% of the 194 responses received were from local planning authorities and none expressed concern about the level of consultation carried out by the Government. Again, I will ensure that noble Lords have a link to that document if they have not seen it already. As I say, the response was issued in December.
I thank the noble Lord for tabling Amendment 34, which provides a timely opportunity to describe the appeal mechanisms already available. Where a local planning authority refuses an application or permission is granted subject to conditions, the decision may be appealed by the applicant within six months of the decision date. This allows the judgment of the local council to be tested independently by the Planning Inspectorate. An appeal can be made to the Secretary of State under Section 78 of the Town and Country Planning Act 1990. It is also possible for the applicant to apply to the local planning authority to develop land without compliance with conditions previously attached under Section 73 of that Act. A local planning authority’s decision on a Section 73 application can also be appealed to the Secretary of State.
While there is a right of appeal only for those applying for planning permission, as I mentioned earlier, the planning system is centred on community involvement. It gives statutory rights for communities to become involved in the preparation of the local plan and neighbourhood plans for the area and to make representations on individual planning applications and planning appeals. The current right of appeal applies to a grant of planning permission subject to conditions without any reference to the types of conditions imposed. Existing planning guidance covers the appropriate use of all such conditions. This planning guidance is actively managed and any necessary updates are made as soon as possible.
Ultimately, our preferred approach is for local authorities and applicants proactively to work together from the earliest stage to discuss what conditions may be necessary and reasonable to allow the development to proceed. The Government intend to use this power to prohibit only those conditions that do not meet the national policy tests as set out in paragraph 206 of the National Planning Policy Framework. I will not rehearse what those provisions are. New Section 100ZA(3) requires a public consultation before regulations can be made under subsection (1). In conclusion, I do not feel it is necessary to make this amendment as a well-established appeal process for planning conditions is already in place.
Turning to Amendment 36, the measure in Clause 12 on planning conditions is being introduced to help tackle an issue that has arisen within the planning system for several years now. The noble Lord asked for specifics on that and I will ensure that I cover some of them in the write-round. The noble Lord, Lord Shipley, mentioned one that is, I accept, arguable, but others include the precise siting of an electric charging point in a car park. Having that as a pre-commencement condition seems odd, but there are others and I will ensure that we give details of those in the write-round.
The misuse of planning conditions, which can lead to increased costs and delays to new developments, is the concern. New Section 100ZA(5) builds on existing best practice and reinforces the need for proactive and early engagement between local planning authorities and applicants to agree to any proposed pre-commencement planning conditions. I stress that pre-commencement conditions are not outlawed, but we expect the planning authority and the applicant to sit down to discuss and agree them.
The amendment would maintain the status quo, removing the requirement for a local planning authority to obtain the written agreement of the applicant before granting planning permission subject to pre-commencement conditions. Currently, too many planning authorities impose pre-commencement conditions that we believe unreasonably hold up any work starting on site. This causes delays to the construction of the homes that we all accept are needed. The amendment would allow local authorities to continue to impose conditions as they see fit. It is important to remember that the measures we propose will not only ensure that pre-commencement conditions are agreed between parties as meeting the national policy tests—which I have set out many times before—but will help to reduce the delayed commencement of works on site by making sure that conditions that can be discharged at a later stage of development do not prohibit any form of works taking place. This includes even the most basic steps of site preparation.
In last year’s Budget, the Government announced their intention to legislate to ensure that pre-commencement conditions can be used only with the agreement of the applicant. This commitment was reiterated in the Queen’s Speech on 18 May. The requirement to obtain written agreement strengthens existing and long-standing best practice, which is that local authorities discuss potential conditions with applicants before they are imposed. It also helps to
ensure that local authorities seek only to impose conditions that meet the policy tests already set out in the National Planning Policy Framework—again, that is at the centre of what we are seeking to achieve here—and, in turn, remove delays to the delivery of new development caused by the need to respond to inappropriate planning conditions before even the first spade goes into the ground.
We recently conducted a consultation on these measures, as we have set out in the Government’s response document. There were 194 responses, as I think I indicated, and more than half of those who clearly stated their position offered either complete support or supported the principle, with some reservations about the process.