Local Authorities (Functions) (Hansard, 18 July 1979)

§ Mr. King

The Government asked for and have carefully considered the views of the local authority associations. They have concluded that there is scope for improving the present arrangement in relation to the major functions of planning and highways, including traffic management. They have formulated proposals which will improve the efficiency of local authorities by clarifying the roles of counties and districts.

It is clear that the present arrangements for decision-making in the field of development control are wasteful. The Government therefore propose to place this responsibility entirely with district councils, with two exceptions: applications for the development of minerals and applications straddling the boundaries of national parks will continue to be determined by counties. The development control arrangements within national parks will not be affected. The strategic planning role of county councils must be protected but it will be the duty of district councils to ensure that this is achieved. The county councils will have no formal powers of call-in or direction other than 762W for highway purposes. Districts in their turn will have placed upon them certain statutory duties: to have regard to the provisions of structure plans; to adhere to prescribed departure procedures; and to consult the county on all strategic applications. Guidance on what should be regarded as strategic matters will be given in a national code of practice which will be prepared by a joint working party of the local authority associations and the Department. This code may be supplemented where necessary by guidelines covering particular local situations. The Government believe that this clarification of county and district roles will lead to a better and quicker service for the public.

As regards local plans and concurrent planning powers, the Government accept proposals agreed by the local authority associations. Improved arrangements are proposed for county and district co-operation on development plan schemes and local plans. As regards planning powers now exercised concurrently by county and district councils, the following rationalisation of responsibilities is proposed:

(a) the counties to relinquish their powers in respect of advertisement control, notices requiring maintenance of waste land, town development and building preservation;
(b) counties' powers in respect of conservation areas, tree preservation orders, agreements regulating the development and use of land, and land acquisition for planning purposes to be modified;
(c) powers to treat derelict land to remain concurrent.

There is some evidence that the present arrangements for highways and traffic management are not working satisfactorily in certain areas. However, the Government take the view that the problem lies not in the present distribution of responsibility but in the way it is exercised. They have therefore concluded that there are no grounds for transferring any such responsibilities to district councils. The Government are, however, convinced that the operation of agency agreements between counties and districts is in urgent need of improvement. In order to provide a proper basis for this improvement to take place a code of practice will be drawn up by a working party consisting of officers of the associations, and chaired by the Department of Transport.

763W

The Government have not yet reached a conclusion on whether any changes should be made in the allocation of concurrent powers outside the planning field. Saving only their decision on concurrent powers, the Government have no further proposals for reallocating functions between counties and districts.

These proposals apply to all local authorities in England excluding London. Their application to Wales is being considered by my right hon. Friend the Secretary of State for Wales. I am willing to receive representations on the changes here proposed, but because of the legislative timetable now envisaged I shall need to have any such views by 15 September.