Moved by
Baroness Thornhill
190: Clause 88, page 95, leave out lines 30 to 37 and insert—
“(2) Before designating a policy as a national development management policy for the purposes of this Act the Secretary of State must carry out an appraisal of the sustainability of that policy.
(3) A policy may be designated as a national development management policy for the purposes of this Act only if the consultation and publicity requirements set out in clause 38ZB, and the parliamentary requirements set out in clause 38ZC, have been complied with in relation to it, and—
(a) the consideration period for the policy has expired without the House of Commons resolving during that period that the statement should not be proceeded with, or
(b) the policy has been approved by resolution of the House of Commons—
(i) after being laid before Parliament under section 38ZC, and
(ii) before the end of the consideration period.
(4) In subsection (3) “the consideration period”, in relation to a policy, means the period of 21 sitting days beginning with the first sitting day after the day on which the statement is laid before Parliament under section 38ZC, and here “sitting day” means a day on which the House of Commons sits.
(5) A policy may not be designated a national development management policy unless—
(a) it contains explanations of the reasons for the policy, and
(b) in particular, includes an explanation of how the policy set out takes account of Government policy relating to the mitigation of, and adaptation to, climate change.
(6) The Secretary of State must arrange for the publication of a national policy statement.
38ZB Consultation and publicity
(1) This section sets out the consultation and publicity requirements referred to in sections 38ZA(3) and 38ZD(7).
(2) The Secretary of State must carry out such consultation, and arrange for such publicity, as the Secretary of State thinks appropriate in relation to the proposal. This is subject to subsections (4) and (5).
(3) In this section “the proposal” means—
(a) the policy that the Secretary of State proposes to designate as a national development management policy for the purposes of this Act, or
(b) (as the case may be) the proposed amendment (see section 38ZD).
(4) The Secretary of State must consult such persons, and such descriptions of persons, as may be prescribed.
(5) If the policy set out in the proposal identifies one or more locations as suitable (or potentially suitable) for a specified description of development, the Secretary of State must ensure that appropriate steps are taken to publicise the proposal.
(6) The Secretary of State must have regard to the responses to the consultation and publicity in deciding whether to proceed with the proposal.
38ZC Parliamentary requirements
(1) This section sets out the parliamentary requirements referred to in sections 38ZA(3) and 38ZD(7).
(2) The Secretary of State must lay the proposal before Parliament.
(3) In this section “the proposal” means—
(a) the policy that the Secretary of State proposes to designate as a national development management policy for the purposes of this Act, or
(b) (as the case may be) the proposed amendment (see section 38ZD).
(4) Subsection (5) applies if, during the relevant period—
(a) either House of Parliament makes a resolution with regard to the proposal, or
(b) a committee of either House of Parliament makes recommendations with regard to the proposal.
(5) The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendations.
(6) The relevant period is the period specified by the Secretary of State in relation to the proposal.
(7) The Secretary of State must specify the relevant period in relation to the proposal on or before the day on which the proposal is laid before Parliament under subsection (2).
(8) After the end of the relevant period, but not before the Secretary of State complies with subsection (5) if it applies, the Secretary of State must lay the proposal before Parliament.
38ZD Review of national development management policies
(1) The Secretary of State must review a national development management policy whenever the Secretary of State thinks it appropriate to do so.
(2) A review may relate to all or part of a national development management policy.
(3) In deciding when to review a national development management policy the Secretary of State must consider whether—
(a) since the time when the policy was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the statement was decided,
(b) the change was not anticipated at that time, and
(c) if the change had been anticipated at that time, any of the policy set out would have been materially different.
(4) In deciding when to review part of a national development management policy (“the relevant part”) the Secretary of State must consider whether—
(a) since the time when the relevant part was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided,
(b) the change was not anticipated at that time, and
(c) if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different.
(5) After completing a review of all or part of a national development management policy the Secretary of State must do one of the following—
(a) amend the policy;
(b) withdraw the policy's designation as a national development management policy;
(c) leave the policy as it is.
(6) Before amending a national development management policy the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the proposed amendment.
(7) The Secretary of State may amend a national development management policy only if the consultation and publicity requirements set out in section 38ZB, and the parliamentary requirements set out in section 38ZC, have been complied with in relation to the proposed amendment, and—
(a) the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should not be proceeded with, or
(b) the amendment has been approved by resolution of the House of Commons—
(i) after being laid before Parliament under section 38ZA, and
(ii) before the end of the consideration period.
(8) In subsection (7) “the consideration period”, in relation to an amendment, means the period of 21 sitting days beginning with the first sitting day after the day on which the amendment is laid before Parliament, and here “sitting day” means a day on which the House of Commons sits.
(9) If the Secretary of State amends a national development management policy, the Secretary of State must—
(a) arrange for the amendment, or the policy as amended, to be published, and
(b) lay the amendment, or the policy as amended, before Parliament.””
Member's explanatory statement
This amendment stipulates the process for the Secretary of State to designate and review a national development management policy including minimum public consultation requirements and a process of parliamentary scrutiny based on processes set out in the Planning Act 2008 (as amended) for designating National Policy Statements.