§ Mr. LeighTo ask the Secretary of State for the Environment what is his policy with regard to the use of his powers under section 276 of the Town and Country Planning Act 1971 to revoke planning permission granted by local planning authories; and if he will make a statement.
§ Mr. HowardSection 276 is a default power. Among other things, it enables the Secretary of State to take action to revoke a planning permission, after following specified procedures. There is provision for compensation to be paid.
My right hon. Friend's practice has been to use this power only rarely. He has taken the view that the power should be used only if the original decision is judged to be grossly wrong, so that damage is likely to be done to the wider public interest.
Recently, however, a particular kind of case has come to the attention of my right hon. Friend in which he may be prepared to exercise his power to revoke a planning permission. This is where he considers that consistency is needed between a local planning authority's decisions in different cases, to ensure that similar circumstances give rise to similar decisions and that the provisions of the development plan, so far as it is material, and other material considerations have been fully taken into account.
My right hon. Friend wishes to remind planning authorities of the importance of behaving equitably as between applicants, and being seen to do so. Where applicants for similar permissions in similar circumstances have been treated differently, it can seem capricious and unfair. Although there is a place in the planning system for consideration of personal circumstances, my right hon. Friend thinks that these have to be very marked indeed to justify treating similar applications differently. He also wishes to remind all members of planning committees that their decisions should be governed by material planning considerations alone. They should be most careful to avoid even the appearance that they may have been influenced by immaterial considerations.
328W
1990–91 1991–92 1992–93 Hostels — 7 7 Total 36 37 7 My right hon. Friend will continue to consider each case on its merits bearing in mind this policy.