HL Deb 28 February 1991 vol 526 cc1104-5

.—(1) The Secretary of State may make regulations for the purposes of requiring the assessment of the likely significant effects on the environment of any development for which planning permission is required under the provisions of the principal Act.

(2) Without prejudice to the generality of subsection (1) regulations may—

  1. (a) specify classes of development for which an assessment of the likely significant effects on the environment shall or may be required;
  2. (b) specify the information which shall be supplied with any application for planning permission for which assessment is required;
  3. (c) specify procedures to be followed in connection with the assessment.

(3) Regulations under subsections (1) and (2) above may be made—

  1. (a) for the purposes of ensuring the implementation of any obligations of the United Kingdom under Community Treaties or international agreement to which the United Kingdom is for the time being a party; or
  2. (b) as the Secretary of State considers necessary to ensure that where a development is likely to have significant effects on the environment planning permission shall not be granted unless those effects have been taken into consideration.").

The noble Lord said: My Lords, the principles which lie behind Amendment No. 1 were explained in detail in Committee and on Report. My noble friend Lady Blatch said in her encouraging response at the Report stage that she would like to be in a position at Third Reading to give a reply on the point of principle in the amendment, although she thought that might be a little optimistic. Therefore, I tabled my amendment again to give my noble friend the opportunity to indicate any progress that has been made.

I am sure that the House will understand my desire to see the matter resolved. It is a matter that I pursued through the passage of the Environmental Protection Bill last year as well as during the passage of this Bill. I understand that my noble friend must consult widely with other departments. However, I am sure that she will understand my disappointment should we be unable to resolve at least the principle of the matter in this House before the Bill passes to another place.

I hope that my noble friend now finds herself in a position to give a commitment that the Government will introduce an amendment at Committee stage in another place. I beg to move.

Baroness Nicol

My Lords, my name should have been appended to Amendment No. 1. We on this side of the House still support the principle behind it. It is necessary to allow for greater flexibility in applying environmental assessment in the UK, and to allow for flexibility in the future in the case of new technology or circumstances which cannot be foreseen. Therefore, we continue to support the principle behind the amendment.

The Parliamentary Under-Secretary of State, Department of the Environment (Baroness Blatch)

My Lords, as I said when my noble friend moved the amendment at the Report stage, the Government are urgently considering the case for taking a power to extend the environmental assessment requirements to projects which are not covered by the European directive. We recognise the arguments put forward by my noble friend, the noble Baroness and others in this House. However, the issue must be discussed with many of my parliamentary colleagues. Until that is done it will be difficult for me to be definitive. It is for that reason that I said at Report stage that, while I hoped to be able to give the Government's response at Third Reading, that would be an optimistic timetable.

The Government's consideration of the issue is still in progress. I assure my noble friend, the noble Baroness and the House that consideration of his proposal is actively continuing. We shall give a firm response at Committee stage in another place.

Lord Norrie

My Lords, I am grateful to my noble friend for her response and for her helpful approach throughout the Bill on this matter. I believe I am in a position to applaud the Government because my noble friend says that the matter will be taken further. As a result of what she hopes to do in another place, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.