HC Deb 07 March 1979 vol 963 cc1244-6
11. Mr. Molloy

asked the Secretary of State for the Environment what progress he has made in preparing legislation to enable persons appearing at a local planning inquiry to receive financial aid to engage professional advice.

Mr. Guy Barnett

My right hon. Friend is considering this question in the light of the representations made to him.

Mr. Molloy

Is my hon. Friend aware that when his right hon. Friend agrees to a local inquiry, usually at the behest of the ordinary people of the area, and he appoints an inspector, the local authority has present its legal officers and chief planning officers, and that if a big organisation is involved it has its lawyers and planning experts there?

Ordinary people have nothing comparable to that. They are disadvantaged from the beginning. Does the Minister agree that the time is ripe for him to consider each local public inquiry and decide whether the local people involved are entitled to some assistance so that they are at least on even terms with those to whom they are opposed?

Mr. Barnett

I know that on occasion individuals and groups feel overawed by the advice which the large organisations have. However, this may often be exaggerated. It is not normally necessary for objecting parties who engage themselves in an inquiry voluntarily to incur an expensive outlay in presenting their case. It is the duty of the inspector—I underline this—and any assessors he may have to satisfy themselves on all the relevant issues.

Mr. Douglas-Mann

Does my hon. Friend accept that the dice are heavily loaded against the objectors at any public inquiry? The planning officer recommends a scheme, which is approved by the town planning committee. Therefore, the residents in an area which will be totally disrupted as a consequence of any such scheme are heavily disadvantaged by the situation in which they find themselves. Does the Minister agree that there is no fundamental difficulty in sorting out the irrelevant objections from the serious objections in the way that cases put to the Legal Aid Committee are sorted out? Will he look into this matter more seriously?

Mr. Speaker

Order. Hon. Members are not being fair when they argue a case instead of asking a question.

Mr. Barnett

My right hon. Friend recognises that there is a great deal of anxiety about this matter, especially where financial support may be necessary because of the technological research that might be needed to examine the case properly.

The inspector in a normal public inquiry is expected to obtain information about all the relevant issues before he recommends his decision. It is on that basis that he proceeds. Therefore, someone who is not represented need not feel that his case is likely to go by default in a public inquiry.

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