§ Lord Norrieasked Her Majesty's Government:
When they will lay before Parliament the new regulations on development plan procedure.
§ Baroness BlatchMy right honourable friends the Secretaries of State for the Environment and for Wales today laid before Parliament the Town and Country Planning (Development Plan) Regulations 1991 (SI 1991/2794). The Departments are also issuing today a circular describing the arrangements for handling the transition from the current development plans system to the new.
The regulations take account of the responses made to the proposals issued for consultation in September. Overall, the response to our proposals has been positive, with those responding welcoming the standardisation and rationalisation of the different arrangements currently applying to different types of plan. A list of the responses to the proposals, and to the consultation draft planning policy guidance issued at the same time, will be placed in the Library of the House; copies of individual responses may be obtained through the Library.
All the responses have been carefully considered. As a result, we have made some changes to the published proposals. The main changes are:
- —a new requirement for local authorities to have regard to environmental considerations in preparing their plans, and to indicate what regard they have had to such considerations;
- —English Nature, the Countryside Commission, the Countryside Council for Wales, English Heritage, the National Rivers Authority and the Secretary of State for Transport to be added to the list of those who must be consulted by authorities on all plan proposals before they are put on deposit; and
WA 76 - —authorities to put on deposit, along with their plans, a statement of the publicity and consultation they have carried out in formulating their plan proposals. The statement should list those whom they have consulted (in addition to the prescribed consultees), and any steps they have taken to publicise their proposals and to provide an opportunity of making representations on them.
A number of those responding expressed concern about our proposal to leave pre-deposit publicity and consultation to authorities' discretion, subject to the list of prescribed consultees. Clearly, authorities should ensure that there is adequate publicity for, and consultation on, their plan proposals before they are put on deposit. But, rather than prescribing such an approach in regulations, we believe that it is right to let authorities use their judgment to determine what degree of publicity and consultation is appropriate. This will give authorities the flexibility to tailor their approach according to circumstances. For example, they may conclude that proposals for a new or replacement plan warrant much wider publicity and consultation than proposals for a relatively minor alteration to an existing plan.
Nevertheless, we intend to make it clear in guidance how important it is for authorities to give their plan proposals adequate publicity and to give people an adequate opportunity to comment. Authorities should also consult organisations with a particular interest in the proposals, including conservation and amenity groups and business, development and infrastructural interests. The knowledge that they will have to prepare a statement of publicity and consultation should encourage authorities to consider carefuly those whom they will need to consult at the pre-deposit stage.
It is important that local people and other interested bodies should be able to let authorities know what they think of plan proposals from the earliest stages. In this way they can be fully involved in decisions about the pattern of development in their area. We shall keep the flexible approach to publicity and consultation under review to ensure that it is working satisfactorily. We shall remind authorities that the Secretary of State for the Environment has reserve powers to direct an authority to carry out (further) public participation, which he will be prepared to use if he considers that to be necessary in any particular case.
Today's announcement represents another important step in the development of our planning system. The new development plans process, as part of a plan-led system, will require a positive and constructive approach by all those with interests in development and conservation. We hope all those concerned will rise to this challenge.