HC Deb 22 April 1998 vol 310 cc784-91

1 pm

Miss Anne McIntosh (Vale of York)

I hope to use the opportunity of this debate to prove that, although the Government pay lip service to the countryside and to preserving the green belt and green-field sites, in practice those policies are not being observed in the Vale of York.

I want to disclose some irregularities and anomalies in planning procedures that have been followed on certain decisions in the Vale of York. The most intrusive such decision, wreaking havoc on the countryside the length and breadth of the vale and causing severe and permanent environmental damage, is the consent granted by the Secretary of State for Trade and Industry for 50 miles of giant pylons.

This decision was unnecessary. The pylons are simply not needed. There is 100 per cent. over-capacity of generation in the north of England at peak times in winter. The transmission of energy in that form wastes power: the combined loss in generation, transmission and distribution is estimated to be 36 per cent. of primary fuel energy. It also flies in the face of current power-generating policy, which is that all electricity should be generated as close as possible to the point of demand. Supply should be located near demand.

The pylons are hugely damaging to the environment. They will blight a landscape between the North Yorkshire dales and the national park. The visual impact of 150 ft steel giants stretching from Lackenby through Picton to Shipton will be grotesque.

The planning procedures associated with the decision are fundamentally flawed. Thousands of objectors will not accept the decision without a fight, including a possible legal challenge. Many features remain unresolved: nine wayleaves in sensitive areas and three sealing end compounds with terminal towers at Nunthorpe and Newby have yet to be decided on.

The opposition to the decision is cross-party and cross-county. North Yorkshire county council and Hambleton district council have pledged their opposition. REVOLT, the campaign uniting that opposition, is co-ordinating a possible legal challenge. The crux of the opposition, and the reason, in my view, why the decision is flawed, lies in the planning procedures that were followed.

It is genuinely believed that evidence given at the public inquiry was misunderstood by the two independent technical inspectors who accompanied the planning inspector. North Yorkshire county council objected to the fact that the applications for consent to the power station at Teesside and for the overhead power lines came separately, and the inspector agreed with that objection. The consent was sought and granted for the power station, and only subsequently, through a later application, was consent given for the overhead lines.

The inspector concluded, in support of North Yorkshire county council, that both applications should have been considered as part of the same application. I refer the House to section 36 of the Electricity Act 1989, which sets out the procedures for the construction of a power-generating station in accordance with a ruling by the Secretary of State.

Section 37 of the same Act refers to consents for overhead power lines, and says that, if a local authority objects, as North Yorkshire county council did in this case, a public inquiry should be held, and that no electricity pylon of more than 20 kV can be installed without the Secretary of State's consent.

I believe that the Secretary of State's decision is flawed, and was reached on erroneous grounds. The people of the Vale of York would like to know today on what grounds the Secretary of State overruled the inspector's advice that the applications for consent to the power station and to the power lines should rightly have been considered together.

Arguably, the Secretary of State overstepped her powers in reaching the decision, and relied on evidence presented by the two independent technical inspectors, which they themselves had misunderstood, leading to her being inadvertently misinformed. The decision should now be subject to a judicial review, to assess whether it was reached erroneously. It seems highly unlikely that the Electricity Act 1989 was interpreted correctly in this case, or that the evidence presented at the inquiry was properly understood.

I gather that there is a very limited time in which an application for judicial review can be lodged, and the local authorities are meeting virtually as we speak to decide whether such a review should be sought.

Wider issues that the public inquiry failed to address and which would have had a bearing on the Secretary of State's decision include the question of undergrounding. I understand that BP is currently holding consultations on the laying of underground pipelines along virtually the same route. Could not the power lines have been laid alongside the pipes? The technology exists, and, on the most recent figures available, National Grid shows a profit of either £681 million, at historic costs, or, at the very least, £445 million per annum at current costs, so it could certainly afford to underground the power lines.

The Labour Government are clearly on the retreat: the Minister for Science, Energy and Industry withdrew his acceptance of an invitation to speak to a meeting at Easingwold in the Vale of York this Friday, where the Government would have had their first opportunity to take questions and explain the issue. The Labour candidate at the Vale of York in the general election pledged that, if a Labour Government were elected, the consent to build the pylons would not be granted.

The Energy Minister, in cowardly fashion, announced the decision in an answer to a written question, so that the Government would not have to respond to questions in the House, and now he refuses to attend the meeting in Easingwold. Curiouser and curiouser: the reason given was that police protection could not be provided, but the police had not been asked to provide such protection in the first place, and we are all extremely law-abiding citizens in the Vale of York, where he would have been given an extremely warm welcome.

If the pylons were the only blot on the landscape, that would be bad enough, but a catalogue of other planning issues are pending, many of which also throw up anomalous procedures on which I hope that the Minister can shed some light.

One success story emerges, which shows that people power, to which the Government respond with alacrity, gets results. Witness the application to build a cattle incinerator at Rufforth, which has now been thrown out.

An alternative site is to be found. The proposed site was on green-belt land in a residential area within a mile of the city of York, yet the city council could demonstrate no special circumstances to justify planning permission.

What is worse, the council overturned the North Yorkshire structure plan and its own green-belt local plan. The local government ombudsman judged that malpractice had taken place in the council reaching its decision. Only in the face of tough opposition by local residents has the council decided to seek an alternative site. At least that is a real success story, and a tribute to people power making the Government review their activities.

Ms Dari Taylor (Stockton, South)

I hope that the hon. Lady does not mind me making this interjection and asking a question. I felt slapped by her statement about a "cowardly response". The written question was mine, and I thought that it was a fair way to ask the Minister—I asked him time and again when the report was to be published—so I object to that description. Secondly, does she not welcome, as I do, the fact that the decision will mean that my constituents will have pylons, which were shadowing their homes, taken down, out of their gardens and off their streets? They are hideous things for my constituents to have had to suffer. Surely she must welcome the fact that they—as opposed to green fields—are being freed from those hideous pylons.

Miss McIntosh

Obviously, I am delighted for the hon. Lady's constituents that the pylons will be removed, which shows that the technology exists to put these horrible wires underground. In many respects, the issue is something of a red herring. Many of my constituents will face ruin because the price of their land and property will go down, and the compensation being offered is negligible.

I used the word "cowardly", and I am particularly concerned about the way in which the Minister presented the answer to the House. I must place it on record today that he wrote to me in mid-March, literally 10 days before the announcement, to tell me that there was no news on that front. I was extremely disappointed when an announcement was made 10 days later in answer to a written question. If there is one role that Back Benchers such as the hon. Lady and I can fulfil, it is holding the Government to account on behalf of our constituents by questioning the grounds on which such a decision was reached. I am delighted to have the opportunity to do so today.

The proposed park-and-ride scheme at Rawcliffe has been less fortunate than the incinerator scheme at Rufforth. Even though it faces overwhelming opposition from local residents, it is still being considered. The proposed site for which planning permission is recommended is green-belt land, in spite of the Government's stated aim nationally of encouraging brown-field development wherever possible. Indeed, the Deputy Prime Minister has stated that policy publicly on a number of occasions. Also, brown-field sites exist locally, but have so far not been considered by City of York council, which makes nonsense of the Government's stated national policy.

Constituents judge each planning application on its merits, as the local planning authority should do. In this instance, they feel severely let down. The council is being investigated by the Comptroller and Auditor General, in particular because the consultation focused on those who stand to benefit from the proposed scheme, not those who will be badly and negatively affected.

Mr. Hugh Bayley (City of York)

The hon. Lady says that some people will benefit from the scheme, and my constituents would do so. The centre of York is clogged with traffic, for which it was not designed, and that creates environmental hazards both for people breathing the air and for the historic buildings damaged by pollution. Does she agree that the local planning authority has to weigh the benefits to those living in the centre of York against the benefits and disbenefits to those living in the suburbs? That is the authority's responsibility. Does she recall that I wrote to her to suggest that we went jointly to meet the planning officer at the council to resolve those matters last autumn, but she chose not to do so?

Miss McIntosh

Unfortunately, the planning officer chose to leave the council before a meeting could be arranged. As my constituents' views were not being regarded by City of York council, I decided that it was best for me to proceed alone. It was regrettable that the planning officer left before a final decision had been taken.

On the point about consultation, it had been brought to my attention that an expensive consultation exercise was taking place, as I told the ombudsman, and I have evidence to prove that those most directly affected by the proposal were not even consulted, which is regrettable.

Mr. John Greenway (Ryedale)

First, I congratulate my hon. Friend on the excellent way in which she is pursuing issues in that part of her constituency that for 10 years was a part of my constituency. Does she agree that the constituents of the hon. Member for City of York (Mr. Bayley) and those in the centre of York will be served by a park-and-ride scheme wherever it is sited? The issue is not whether there should be a scheme, but that it should be sited not on green-belt land at Rawcliffe but on the huge Cliften Moor industrial and commercial estate, where there is popular support for it from her residents, my residents, and, I dare say, the hon. Gentleman's constituents.

Miss McIntosh

I am grateful to my hon. Friend, who has taken the words out of my mouth. I think that we all agree about the need for a park-and-ride scheme. In the more rural parts of the City 'of York area, we share concern about the apparent lack of understanding of rural sites, and the need to preserve the green belt if there are alternative sites. I agree that Cliften Moor is an adequate alternative, but it appears not to have been considered, or even to have been rejected, by the council.

Mr. Bayley

Will the hon. Lady give way?

Miss McIntosh

I am reluctant to do so, as I am running out of time and I want to allow the Minister enough time to respond.

Mr. Bayley

I simply want to offer to co-operate on a three-way basis.

Miss McIntosh

Perhaps some guidance today from the Minister on a three-party basis would be helpful.

There is great concern in the Vale of York about rumours of proposed housing developments—a new town between Thirsk and Ripon, about 8,000 houses between Green Hammerton and Whixley, and a new development of homes on the outskirts of Bedale have all been mooted. All those rumours incite great alarm in the local population, and put pressure on access to facilities such as water and sewerage, as well as increasing road traffic and congestion in what is increasingly a commuter area.

The developments would certainly damage the local quality of life if they proceeded. Can the Government clarify the matter, and put my constituents' minds at rest as to how the rumours have developed, and the exact procedures for allowing such developments?

The final issue concerns planning and education policy, again in the city of York—a shared interest with the hon. Member for City of York. The council proposes to merge Canon Lee and Queen Anne schools, creating a split-site school with one mile between sites. York local education authority has a surplus of school places, which it hopes to tackle through the merger, but the council is not forthcoming about its future long-term education policy.

The proposed merger is not uniformly popular, and is not fair to Canon Lee school, which is successful, with an above-average GCSE pass rate. Parents of children at the school are concerned about the removal of parental choice and the lowering of educational standards. Any savings from the merger would be lost, through added transport costs between the schools and the duplication of teaching aids. The split site and the journeys between the two also raise safety problems for the children in question. Parents are voting with their feet and sending their children to schools outside the local education authority.

Those examples, from pylons to the incinerator, the proposed park-and-ride scheme, the possible new town housing developments and the school merger, show that planning decisions and procedures in the Vale of York are at best muddled and confused, and at worst possibly erroneous and irregular under the law. They show a complete lack of regard—a certain contempt—for the countryside and the way of rural life as we know it in the Vale of York. From the Secretary of State for Trade and Industry down to the City of York council, those planning decisions show a Government who are out of control and unaccountable, like their party.

The Labour party said that it would protect green-belt and green-field sites, but then proposed to build pylons, new houses and park-and-ride schemes all over them. The trust that the electorate placed in the Government to look after the countryside and protect green-belt and green-field sites was misplaced. The electors have been severely let down, and the Government should apologise and reverse the planning decisions.

1.20 pm
The Parliamentary Under-Secretary of State for the Environment, Transport and the Regions (Mr. Nick Raynsford)

I congratulate the hon. Member for Vale of York (Miss McIntosh) on securing the debate on the important issue of planning procedures as they affect her constituency. I regret that the brief time available for my reply means that I shall be unable to deal with all the issues that she raised, but I shall try to address the main points of principle.

Planning procedures can be complex, and always require careful handling by the responsible authorities, be they Secretaries of State or local planning authorities

Indeed, I must take care not to prejudice the outcome of planning cases in which I may become involved, should they be referred to the Department, or to interfere in established procedures for considering complaints about or challenges to planning decisions. The hon. Lady must understand the essential constraints on what I can say.

The Vale of York is an area of scenic countryside which I know well, and I have enjoyed my visits to it. The Government are committed not only to improving the quality of the urban environment, but to conserving and enhancing the quality of the countryside in Yorkshire and everywhere else. We stressed that in our policy document "Planning for Communities of the Future", in which we rightly say that the way to save our countryside is to make our towns and cities more attractive places in which to live and work. It is not a question of country versus town, but of making sensible and balanced decisions that recognise the importance and the value of both.

We are also committed to local and democratic decision making. With a few notable exceptions, planning decisions in local areas are best made locally. We do not intend to interfere in that unless it is necessary to do so. I hope that the hon. Lady, whose constituency includes the historic site of the battle of Marston moor, will not encourage an over-mighty Government to interfere too much in the rights of local communities, or the same spirit that many years ago led representatives of this House to fight for their rights might raise its head again.

I am aware that the hon. Lady's constituency incorporates parts of several local planning authority areas, and that the detailed practices of the authorities may vary from place to place. Let me describe broadly the operation of the planning system in the Vale of York.

Procedurally, the local planning authorities must follow statutory Acts, regulations and directions, but the first and essential point is that planning decisions in the Vale of York must take account of national policy and advice. Our advice is set out in planning policy guidance notes and departmental circulars.

At the regional level, in March 1996 the previous Government published regional planning guidance for what was then the Yorkshire and Humberside region. Work to revise it is under way in the region. The hon. Lady will be aware of our recently stated intention to enhance regional planning guidance with much more extensive regional involvement in preparation.

Miss McIntosh

Will the Minister give way?

Mr. Raynsford

I shall, but the hon. Lady will be aware that time is limited.

Miss McIntosh

Can the Minister assure hon. Members that green-belt sites should not be built on?

Mr. Raynsford

I can assure the hon. Lady that planning policy guidance in PPG II has always made it clear that there is a presumption against development in the green belt, and that presumption remains absolutely the same. The principle that development should take place in the green belt only in exceptional circumstances has been part of planning policy for some years.

I remind the hon. Lady that, when in power, the Conservative party varied that policy, and allowed developments in the green belt on a number of occasions when it was thought that there were overriding reasons for doing so. It would be wrong to take a party view on the matter. The presumption is that there should not be development in the green belt, except in special and overriding circumstances.

We are committed to a plan-led system for making decisions about planning applications. The guideline is that a planning decision must accord with the development plan, unless material considerations suggest otherwise. The development plan is therefore paramount. Local planning authorities must recognise that in making decisions about planning applications.

In the Vale of York, the development plan that sets out strategic policy is the North Yorkshire county structure plan. It was adopted in 1980, and has been altered three times since then. I understand that discussions are now under way about a further review of the plan, so that it can be brought up to date jointly by the four authorities involved: North Yorkshire county council, City of York council, and the two national park authorities with structure planning responsibilities in North Yorkshire.

Structure plans are rarely concerned with specific sites, which are identified in local plans. The coverage of local plans in the Vale of York is incomplete, but detailed districtwide local plans are being prepared. In the Hambleton district, objections have been considered at a public inquiry. The inspector reported in July last year, and I have been informed that the district council is about to publish proposed modifications.

In Harrogate district, a public local inquiry is looking into objections to the draft local plan. In York, I understand that the city council is soon to issue a draft local plan that will cover the revised city area for the first time. It will be placed on deposit, which will allow anyone to object to its proposals.

There is national advice and statutory direction about what constitutes a departure from local plans, but it is essentially for local planning authorities to decide whether particular planning applications justify departure. The Secretary of State has powers to intervene in any planning application without its being referred to him, but they are rarely used. Most decisions are best taken locally, by the responsible authorities.

That procedural detail leads me back to the statutory Acts and regulations to which planning decision makers must adhere in the Vale of York. I am sure that the hon. Lady does not want me to go into every detail of the matters that we are discussing today, but I should say that members of local planning authorities are elected to represent the interests of the whole community in planning matters.

Local opposition to or support for a proposal is not in itself a ground for refusing or for granting permission, unless there are valid substantiated planning reasons for doing so. When determining planning applications, authorities must take account of relevant views on planning matters, including those expressed by local residents and third parties.

The hon. Lady mentioned the northern gateway park-and-ride scheme. I am aware of the City of York's proposal, and we have received a great deal of correspondence about it. I understand that it is usually referred to as the York northern gateway proposal, a description which applies to a successful bid to the previous Administration by City of York council for support under the capital challenge programme.

I should stress that the availability of Government funding for the scheme has always been conditional on planning consent being granted. Therefore, there is no question of that influencing whether consent will be given. If there are concerns, they must be considered locally. The matter is for the council to decide, following citywide consultation. If local residents are still concerned, they may consider a challenge in the courts or assessment by the local government ombudsman. I have recently replied to correspondence from the hon. Lady on that matter.

I know about the proposals for a temporary animal cremator at Rufforth, and I understand that the City of York council resolved to grant permission in 1997. However, the local government ombudsman has decided that there was maladministration, because the council did not refer the planning application to the Secretary of State.

The council reconsidered the issue last week, and decided to refuse planning consent for a revised application and rescinded the previous resolution. The applicants may consider an appeal to the Secretary of State, so I cannot comment on the matter. I hope that the hon. Lady will acknowledge that the local authority appears to have responded positively to the views of the ombudsman.

The proposed new settlement in the Thirsk and Ripon area is merely one of a number of development scenarios suggested by consultants, not by the Government, and certainly not by the Labour party. The consultants are helping the planning conference of local authorities in what is now Yorkshire and the Humber region on the review of regional planning guidance for the region.

The proposal has no official backing from the local authority planning conference or from my Department. It is simply an issue which will be considered by the conference of local authorities in developing regional guidance. It is proper that they should review options and decide, in the light of their experience of the region the most appropriate solution.

The hon. Lady gave a great deal of time in her speech to the North Yorkshire power line. Unfortunately, that is the responsibility of my right hon. Friend the Secretary of State for Trade and Industry, and it would not be appropriate for me to make detailed comments on it, other than to say that my right hon. Friend looked carefully at the conclusions of the two major public inquiries—six and a half years of consideration—which led to the decision.

The decision was based on the views of independent inspectors who had considered the matter carefully. The full reasons for my right hon. Friend's decision are contained in the decision letter sent by her to the company, and it would not be right for me to comment further on the issue.

The hon. Lady has made allegations about my hon. Friend the Minister for Science, Energy and Industry. I regret that she chose to make them in a debate in which he was not present and was not able to answer. I regret the use—

Mr. Deputy Speaker (Mr. Michael J. Martin)

Order. We now move on to the next debate.