Status of development plans. (Hansard, 19 June 1991)

§ The Minister for Housing and Planning (Sir George Young)
I beg to move, That the clause be read a Second time.

§ Mr. Deputy Speaker (Sir Paul Dean)
With this it will be convenient to take Government new clause 21—Status of development plans ( No. 2).

§ Sir George Young
The purpose of new clause 20 is to fulfil the commitment that I gave to the House on 16 May when we debated new clause 13. New clause 21 makes equivalent provision for Scotland.
New clause 13, tabled by the hon. Member for Hammersmith (Mr. Soley), was designed to enhance the status of the development plan in the decision-making process—specifically when the planning authority deals with an application for planning permission under section 70 of the Town and Country Planning Act 1990. In responding to the substantial debate on 16 May, I said that we were prepared to concede new clause 13, subject to correcting some defects in it. Our decision to make that concession was widely welcomed. Indeed, no less a body than the Council for the Protection of Rural England hailed it as a "historic promise", strengthening the whole basis of the planning system and moving forward to a new era". In the event, we did not reach a vote on the new clause. That has given the Government the opportunity to table our own new clauses, which achieve the basic objective of new clause 13 but without the defects.
Our new clauses make clear what having regard to the development plan means—not just in section 70(2) of the 1990 Act, but in all places where the planning Acts require regard to be had to development plans. In future, it will mean that the determination is to be in accordance with the plan, unless other considerations indicate otherwise.
That would make clear to local planning authorities and others how to go about making the decision. If the development plan has something to say on a particular application, the starting point would be that the plan should be followed unless the weight of the other 312 considerations tell against it. In other words, there would be a presumption in favour of the development plan. But it would still allow appropriate weight to be given to all other material considerations.
One material consideration would, of course, be the extent to which the development plan was up to date. Clearly, if the development plan is to carry its full weight it needs to be up to date and consistent with national and regional policies as well as relevant to the proposal in question.
The Government have tried to be helpful, and if the House accepts new clauses 20 and 21 there will be no need to move new clause 13 and no need for us to table amendments to it in another place. I commend the new clauses to the House.

§ Mr. Clive Soley (Hammersmith)
I am delighted to welcome new clause 20. It has been described as by far the most significant concession that the Government have made on the Bill in either of the Houses of Parliament. It gives force to the Minister's statement on Second Reading that he wanted development to be plan-led rather than market-led. I have taunted him about that, but I must withdraw my taunt now, because this concession shows that the plan now has an important status in determining development outcomes.
When we tabled new clause 13—which, as the Minister said, was the parent of new clause 20—I did not expect that such a concession would be made. The Minister has gone further than we expected, and it would be churlish of me not to put on record our gratitude for the Government's move. It will be welcomed not only by the Labour party but by many Conservative Members arid many outside organisations.
The new clause will enable local authorities to plan more sensibly and effectively for their areas. It deals with problems that have been caused to planning authorities and developers in both the north and south of England. A major step forward has been taken. That is a good start to today's debate, and I welcome it. I shall not persist with new clause 13.

§ Mr. Anthony Steen (South Hams)
Will my hon. Friend be sending out a direction to the planning inspectorate with a definition and explanation of the phrase "material considerations", so that the inspector has an idea what the Government have in mind and does not let his imagination loose on what could constitute other material considerations?

§ Sir George Young
I shall reflect on my hon. Friend's question, but the notion of "material considerations" is not new. It already appears in planning legislation, so I suspect that there may be no need to redefine exactly what it covers. I shall think about what my hon. Friend has said and decide whether fresh guidance is required for my planning inspectors in order to clarify the Government's policy.