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Clause 151 of The Planning Bill

Tuesday, 14 October 2008

UNPRECEDENTED ALLIANCE FORMS AGAINST PLANNING BILL

LICENCE TO POLLUTE

An unprecedented alliance of professionals, environmental organisations and council leaders is calling today (Tuesday, October 14th) for the removal of Clause 151 of the Government's controversial Planning Bill, currently being debated in the House of Lords ^[1]. Despite some concessions by the Government, the alliance fears that the clause could still severely restrict people's right to complain about noise, pollution or disruption caused by the operation of major infrastructure projects.

Current proposals would see around 40 to 50 nationally significant infrastructure projects including airports, rail links, trunk roads and power stations, given the go ahead each year by a proposed new Infrastructure Planning Commission (IPC) rather than by Ministers and Parliament as at present.

The proposed commission is highly controversial. CPRE has highlighted widespread public concerns about the commission's decision-making role ^[2]. The Local Government Association ^[3]has also expressed concerns that too many large-scale infrastructure projects are being put in the hands of the commission.

Clause 151 would mean that once developments have been given the go-ahead, councils will be unable to act on any complaints from local people regarding nuisance caused by pollution such as noise, odour or light resulting from a development once it is operational ^[4].

We also believe that the Government has yet to address wider concerns about the operation of the proposed commission.

The alliance comes as a briefing issued today, prepared by respected legal experts, the Environmental Law Foundation (ELF) ^[5], has found that the new clause could:

(1) Restrict access to justice for disadvantaged communities affected by nuisance from major power stations, airports, or roads, as their local council could no longer bring such claims;

(2) Severely restrict rights to claim compensation against nuisance; and

(3) Allow operators of major infrastructure projects to claim immunity on grounds of ‘statutory authority' against prosecution, even when it can be proved they have been negligent.

Paul Miner, CPRE's Senior Planning Campaigner, said:

‘Noise and emissions from major infrastructure development can have a massive impact on the tranquillity of our countryside. Restricting the right of local people to take action against such nuisance could make the problem many times worse. It seems quite incredible that the Government is also looking to give such sweeping powers to an unelected body.'

Philip Mulligan, Environmental Protection UK's ^[6] Chief Executive said:

‘This measure is highly irresponsible. It shows scant regard for the potential impact on the health, quality of life and amenity of communities unfortunate enough to be in proximity to any proposed major transport facility, generating station or sewage works. We do not believe that respect for the quality of life of neighbouring citizens need present a barrier to appropriate development.'

Debbie Tripley, ELF's Chief Executive, said:

‘This clause is a further erosion of citizen's rights in a disastrous bill for local communities. Such an extension of existing nuisance laws may well breach the European Convention on Human Rights. It will leave ordinary residents helpless to protect themselves against the inevitable impacts from major construction.

‘If this clause remains it risks causing misery for many.'

Cllr Geoffrey Theobald OBE, Chairman of LACORS ^[7], said:

‘What this clause effectively says is that roads, airports and power stations are more important than people's health. Everybody has a right to enjoy their own home without being disturbed by pollution such as noise, dust, smells or artificial light and councils will do everything they can to make sure this right is upheld.

‘By largely exempting major infrastructure projects from nuisance laws the Government is tying the hands of councils, leaving them unable to respond to the legitimate concerns of local people.'

Cllr Paul Bettison, chairman of the LGA Environment Board, said:

‘Councils need to be able to hold construction companies to account to ensure that disruption for local people is kept to an absolute minimum. Despite some moves in the right direction by the Government, this clause still leaves councils hamstrung and unable to exercise vital powers on behalf of their residents.

‘Everyone recognises that the country needs power stations, motorways and train tracks, but it is vital that councils and local people are properly consulted and that residents know that action will be taken if their lives are unfairly disrupted.'

NOTES

1. The Planning Bill was introduced into the House of Commons in November 2007 and entered the House of Lords on 26 June 2008. It is currently being debated in Committee in the House of Lords with the final sessions scheduled to take place today (14 October), and then 16, 20 and 23 October 2008. Clause 151 is likely to be debated in one of the later of these sessions.

2. As well as being a member of the specific alliance of organisations formed around Clause 151, CPRE is also a member of the Better Planning coalition of environmental organisations. The Better Planning coalition is a broad cross-section of organisations, including CPRE, The National Trust, Friends of the Earth, RSPB and Civic Trust, which between them have the support of more than 5 million people. The Better Planning coalition has serious concerns that the Planning Bill will be damaging for the environment and will reduce the involvement of ordinary people and communities in the decision-making process on major projects. For more information on the Better Planning coalition, visit www.planningdisaster.co.uk/

3. The Local Government Association (LGA) is a cross-party organisation which represents councils in England.

4. According to the list of amendments to the Planning Bill to be debated in House of Lords Committee as of Friday 10 October 2008, the Government has tabled a new amendment, number 394A, consisting of a new clause titled ‘Nuisance: statutory authority'. The list also shows that the Government will look to remove the existing Clause 151 from the Bill, thereby replacing it with the new clause. A further Government amendment appears on the list, number 389B, ‘Compensation in case where no right to claim in nuisance'. For full details see:

www.publications.parliament.uk/pa/ld200708/ldbills/069/amend/ml069-iig.htm

The effect of all these amendments would be that developers of major infrastructure projects would have a right to claim statutory authority against civil or criminal claims for nuisance unless specified to the contrary in an individual grant of consent, thus effectively removing rights to bring such claims. Landowners who could prove that their land was ‘injuriously affected' by the development would be entitled to receive compensation, but there would be little or no scope for community organisations or local authorities whose land was not directly affected to bring such claims. The alliance welcomes Government moves to redraft Clause 151 and allow for civil or criminal proceedings to be brought, but is disturbed by the restriction of the right to bring compensation claims to affected landowners. It is also unclear whether the Government's redrafted clause allows major infrastructure developers to claim ‘statutory authority' in relation to the operation of new development as well as its construction, and that developers could employ a ‘statutory authority' defence against complaints on grounds of harm to health. The alliance opposes the introduction of such powers and is seeking clarification from the Government that they will not be introduced.

5. ELF, the Environmental Law Foundation, is the national UK charity founded in 1992 that helps people use the law to protect and improve their local environment and quality of life. Through its network of specialist lawyers and consultants across the UK, ELF provides free guidance and continuing support to those in need of assistance. Copies of the briefing and appendix are available on request from CPRE's press office (020 7981 2880).

6. Environmental Protection UK (formerly NSCA) is the charity bringing together environmental professionals, academics, policy makers and the public to work towards our vision of a cleaner, quieter, healthier world. EPUK has been playing a leading role in environmental protection in the UK since 1898.

7. LACORS (the Local Authorities Coordinators of Regulatory Services) is the local government central body that represents and supports council regulatory and related services in the UK. LACORS works with, and on behalf of, the UK local authority associations - the Local Government Association (LGA), Welsh Local Government Association (WLGA), Convention of Scottish Local Authorities (COSLA) and Northern Ireland Local Government Association (NILGA).

Goodwill Payments

Wednesday, 08 October 2008

GOODWILL PAYMENTS - DO THEY BENEFIT COMMUNITIES OR BRING PLANNING INTO DISREPUTE?

A growing number of local communities across England are being drawn in to accepting offers of ‘goodwill payments' from wind farm developers. CPRE is today calling on the Government to take action to stop this practice from bringing the planning system into disrepute.

This call is backed by a new survey of this growing practice issued today. CPRE has found that:

the sums involved are a fraction of the amount that the developers are making from the public, as electricity consumers, in subsidies;

the payments are often used for purposes such as lunch clubs and sports pitches, which bear no relation to providing much-needed renewable energy; and

local authority planners have little or no oversight of these payments.

Paul Miner, CPRE's Senior Planning Campaigner, said: ‘These offers of community benefit do not go through the proper procedures of the planning system, unlike similar offers from most other developers. By accepting them, communities may also be getting a worse deal than they would if wind farm developers were made to offer them through the planning system.'

CPRE's investigation ^[1]has found:

at least 35 cases, including at least one in every English region, of ‘goodwill payments' being either offered to, or accepted by, local communities;

three major wind farm developers - E.ON, Npower Renewables, and RES Limited, are routinely offering ‘goodwill payments' in connection with every new development;

in some cases ‘goodwill payments' are being used for things that, however worthy in themselves, bear no relationship to renewable energy, such as children's play areas and senior citizens' lunch clubs;

parish councils, whose involvement in planning applications is enshrined in law, have been directly approached with offers of payments or have been prevented from coming to a view on a proposed wind farm because offers have been made to individual members; and

the rate of payment typically being offered is less than half than what two councils in Scotland are already insisting on from new wind farms in their area.

CPRE will be working with members of the House of Lords to press for amendments to the Planning Bill ^[2] to:

outlaw the offering of goodwill payments in connection with any new development;

make wind farm developers liable for the Government's proposed new Community Infrastructure Levy; and

earmark proceeds of the levy from new wind farms to go towards small-scale renewable energy, district heating and/or countryside improvement schemes in local communities.

CPRE is also calling on the Government to resist calls from the industry to take decision-making on most wind farm schemes away from local councils and give them to an unelected Infrastructure Planning Commission ^[3].

Paul Miner concluded:

‘CPRE supports the need to increase investment in renewable energy, including wind energy. But "goodwill payments" threaten to bring the planning system into disrepute and are questionable even on the grounds of the need for more renewable energy. We believe that the solution is to outlaw these payments completely. Energy companies should be required to work through the planning process in the same way as any other developer.'

NOTES

1. CPRE's briefing Goodwill Payments - Do they benefit communities or bring planning into disrepute? provides full details of our investigation of the issue. The appendix to the briefing gives full details of local cases that we are aware of. Figures 1-4 in the briefing respectively give more details of statements by leading developers; the issue of unrelated benefits; the involvement of parish councils; and the policies of councils in Scotland. Copies of the briefing and appendix are available on request from CPRE's press office (020 7981 2880).

2. The Planning Bill was considered by the House of Commons during the 2007-8 Parliamentary session. It is now being considered by the House of Lords. Committee sessions in the House of Lords began on 6 October. It is expected that the House will consider the Government's proposals for a new Community Infrastructure Levy in the week beginning 13 October or thereafter. At present the clauses in the Bill relating to the Levy do not directly address the issues of ‘goodwill payments' or how the Levy might be applied to renewable energy development more generally. CPRE is supporting amendments to address these points.

3. Clauses 14, 15 and 30 of the Planning Bill allow for planning decisions on energy generating stations with a capacity of over 50 megawatts (MW) to be taken by an Infrastructure Planning Commission (IPC) rather than the Secretary of State as they are at present. In addition, Clause 34 also allows the Secretary of State to refer a proposal for any energy generating scheme below 50 MW to the IPC, thereby taking the decision out of the hands of the relevant local authority. CPRE, as part of the Better Planning coalition of environmental organisations, opposes the provisions in the Bill that give the IPC decision-making powers, as we believe that democratically accountable Ministers or local councils should be responsible for planning decisions.

Communities and the Countryside

Sunday, 05 October 2008

BILL BRYSON ON THE CONSERVATIVE PLATFORM

On Wednesday, October 1^st, Bill Bryson, author and CPRE President, addressed delegates at the Conservative Party conference in Birmingham on the value of Our Local Environment.

He then answered questions from the conference floor with Peter Ainsworth MP, Shadow Secretary of State for Environment, Food and Rural Affairs and Eric Pickles MP, Shadow Secretary of State for Communities and Local Government.

It was Bill's first visit to a Conservative conference and his first invitation to set out the views of the CPRE at a political party conference. He took the opportunity to launch a new CPRE pamphlet on Communities and the Countryside. This contains a speech by Conservative leader David Cameron which is being published as part of CPRE's work to develop an attractive and influential vision for the countryside in 2026 - CPRE's centenary year ^[1].

Commenting on the occasion, Bill Bryson said:

‘CPRE has been a leading voice in the countryside debate for 80 years. We're non-party political but I'm honoured to represent CPRE, and share this platform on a critical debate. It goes to the heart of our work - how people should be able to influence the local environmental decisions that affect their lives.

‘Of course global environmental issues - especially climate change - matter hugely. But people's concern about the environment usually starts at a local level. It starts with the decisions affecting their street, their village, their local piece of countryside or Green Belt. If we want people to care about the global problems, we need to start with local issues'.

Bill Bryson's contribution to the conference follows on from David Cameron's speech at a CPRE lecture earlier in the year that debated the future of the countryside. David Cameron's speech - reproduced in the pamphlet that was published on October 1st - focused on how civil society and strong social values can help rural communities. This issue was referred to by Bill Bryson during his platform address.

‘We were delighted that David Cameron recognised the intrinsic worth of beauty, tranquillity and other more intangible elements of environmental quality. A thriving economy is important, but people are less happy if their quality of life is affected by imposed or poorly planned development. Communities must be at the centre of decisions that will impact on their lives and a strong and inclusive planning system is crucial to achieving this.'

In conclusion Bill Bryson said:

‘But don't only take my word for it. I'm a spokesperson for the thousands of people and communities that tell CPRE what they want and need from government. Our politicians must listen to what communities want and respond to those needs with positive action, not just words.'

NOTES

1. CPRE published 20:26 Vision: Communities and the Countryside on Wednesday 1 October. This contains the speech given by the Rt Hon David Cameron MP to CPRE's 2008 Annual Lecture and explores the relationship between social value - the theme of his speech - and CPRE's traditional focus on landscape. His speech formed part of CPRE's continuing debate on its own vision for the countryside in 2026.

Members of the public can download 20:26 Vision: Communities and the Countryside and contribute to CPRE's online debate from www.cpre.org.uk

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