TOWN AND COUNTRY PLANNING (AMENDMENT) BILL (Hansard, 9 July 1974)

§ Mr. William Molloy (Ealing, North)
I beg to move, That leave be given to bring in a Bill to amend the Town and Country Planning Acts. The very mention of "planning" these days causes grave apprehension in the hearts of many people. Although I 1158 acknowledge that the initial Act introduced by the late Lord Silkin was vital to the proper planning of our nation, we have now reached the stage at which the ordinary folk are least considered when changes are made in the environment. The armoury of bureaucracy, both at national and local level is arraigned against the ordinary people.
Local authorities are not compelled to inform anyone of outline planning applications which they receive. If they so desire, they may insert advertisements in local newspapers, but it is hit or miss whether the people who are affected will get to know about what is going on.
Far too often people first hear about a planning decision when they hear the grinding of the bulldozers in a nearby field, lane or road. Not until then are they told by the local authority departments what the law is and how they can get copies of the Town and Country Planning Acts, but even if people were 1159 given 20 years to study those Acts, the probability is that they would not understand them.
One of the major effects of my Bill would be to make it obligatory for local authorities to inform individual householders of any outline application that might affect their environment and their lives and also to inform them in detail as to what that means. This would go much further than a mere advertisement in the local newspaper. The local authority would have to decide. I assume that the local councillors will know full well how many streets, roads or avenues will be affected. Every householder who may be affected will be individually informed if my Bill becomes law.
The second factor relates to public inquiries. Very often a situation can arise in which ratepayers in an area are appalled and annoyed at the prospect of a certain planning application but their local authority is in favour of it. They can appeal to the Secretary of State for the Environment for a public inquiry. Very often he grants it. What happens then? I have attended very many public inquiries. One has the feeling that ordinary people, when they come to the town hall to give their evidence why the planning application should not be proceeded with, feel that they have been arraigned before a court of law for some misdemeanour. The attitude of lawyers to people giving evidence places ordinary folk at a grave disadvantage. They cannot exploit or explain their case in a fitting manner for the benefit of the inquiry inspector or ultimately the Secretary of State. I say this in no sense of disrespect. It is a fact of life.
But in some parts of the country where a planning application is submitted the residents in that area may be wealthy enough to employ their own lawyers and town planners to represent them against the local authority and against the Minister. We know of a classic example in Cublington where those tactics proved successful. If they cannot afford to employ their own planning experts and lawyers, they stand very little chance of having their case properly presented.
The second provision of my Bill would allow that where local residents are properly registered as a residents' association 1160 or tenants' association with the local authority, and they wish to oppose a planning application, they will be entitled to appeal to the Secretary of State for financial aid to assist them to proceed with their appeal.
Often when a planning application reaches the local town hall, the planning officers looking at it will say, "Yes, it is technically possible". For example, if one wishes to put a petrol station in the middle of the grounds of Buckingham Palace, that is technically possible—but it would hardly be considered desirable. When an inquiry is ordered by the Secretary of State, often the planning officers, who are paid for in the main out of the rates paid by the people they represent, say they cannot appear at the inquiry to give their evidence because they have already committed themselves to the technical detail.
But there is much more in any planning application than simple technical detail. The environmental effects on people's lives must be taken into account. Even if a planning application is perfect in its technical outline, it can nevertheless blur and mar the environment of the homes and the lives of ordinary people. This Bill would ensure that, even where planning officers might agree with the technical data, if the local authority at a public inquiry decided nevertheless that it would oppose a planning application, it would be the bounden duty of those planning officers to represent their council and that of the legal officers to represent the ratepayers who have engaged them.
The result will be that this Bill, if it passes into law, will strengthen, encourage and increase that vital element of participation in all planning measures of, by and on behalf of the ordinary people of this country. If they know they are receiving a square deal, if they know they are given an honest break, it will encourage them to become involved. It will also give them that right to protest. At the same time it will not only enhance and strengthen participation but it will widen the boundaries of true democracy.

§ Mr. Patrick Cormack (Staffordshire, South-West)
On a point of order. It is the custom in this House for a Minister 1161 to be present to listen to the presentation of a Bill. It is a great disappointment that nobody from the Department of the Environment is here.

§ Mr. Deputy Speaker (Mr. George Thomas)
It may be a disappointment but it is not a point of order.

§ Mr. Jeffrey Archer
I never use a point of order as an excuse to speak. Am I allowed, Mr. Deputy Speaker, to oppose the Bill in particular but to support it in general?

§ Mr. Deputy Speaker
As far as I am concerned, the hon. Gentleman is entitled to speak only if he is opposing the application of the hon. Member for Ealing, North (Mr. Molloy) to bring in his Bill.