United Kingdom Planning Bill
Encyclopedia
The Planning Act 2008 is an Act
of the Parliament
of the United Kingdom
intended to speed up the process for approving major new infrastructure projects such as airports, roads, harbours, energy facilities such as nuclear power and waste facilities. Along with the Climate Change Bill and the Energy Bill this bill was considered by the Brown administration to be one of the "three legislative pillars of the Government's strategy to secure long-term prosperity and quality of life for all".
with a Major Infrastructure Planning Unit of the Planning Inspectorate
, and return decision-making to the Secretary of State. It will also allow the House of Commons to be able to veto National Policy Statements, and makes other changes to the Planning Act regime.
, which is likely to be implemented in April 2012.
Prime Minister David Cameron
said before the 2010 election that "This quango is going to be almost entirely divorced from the processes of democracy. That is wrong. People need a planning system in which they feel they have a say – both at national and local level. That is why this Bill is getting such widespread opposition from so many different quarters"
The coalition government have, however, retained the concept of National Policy Statements, the authorisation regime and the Community Infrastructure Levy
say that the government must make Climate Change
a central consideration in the decision making process.
In November 2007 major environmental groups described the Planning Bill as a 'Developer's charter'
and the head of planning at the RSPB expressed concern saying that although the minister claimed that the bill will help protect the environment that it was more likely to aid developers trying to push through major schemes with scant regard to wildlife and the countryside and could "fast track environmental harm"..
supported the bill saying that it was in the national interest and would facilitate the building of infrastructure that will help Britain protect its energy security, build renewable power sources to cut carbon, and invest for the future”.
was formed on 1 October 2009 with a brief to oversee planning applications for major infrastructure projects (also known as nationally significant infrastructure projects
(NSIPs)) such as power stations, roads, railways and airports claiming to cut the time to make a decision from seven years to less than a year and saving the taxpayer £300 million per year.
Applications for large energy and transport projects had to be made to the IPC from 1 March 2010, but by December 2010 only two applications had in fact been made, one of which the IPC refused to accept as inadequately prepared. Despite claims that the general public would be cut out of the authorisation process, over 1000 representations were made on the application that the IPC accepted.
tax, where a proportion of the increase in value on land as a result of planning permission is used to finance the supporting infrastructure, such as schools and will 'unlock housing growth'
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
intended to speed up the process for approving major new infrastructure projects such as airports, roads, harbours, energy facilities such as nuclear power and waste facilities. Along with the Climate Change Bill and the Energy Bill this bill was considered by the Brown administration to be one of the "three legislative pillars of the Government's strategy to secure long-term prosperity and quality of life for all".
Key aims
- A new body, the Infrastructure Planning Commission would make the decisions
- These decisions would be based on new national policy statements
- Hearings and the decision-making process would be timetabled
- The new regime would be used for major energy projects
- The Secretary of State would not be able to have the final say on major infrastructure decisions
- A new Community Infrastructure Levy on developments would finance infrastructure (money would be raised from developers to pay for the facilities needed as a consequence of new developments, such as schools, hospitals and sewage plants).
- Planning appeals in relation to minor developments would be heard by a panel of local councillors and not by a planning inspector.
Progress
On 13 December 2010, the coalition government introduced the Localism Bill, which will make changes to the regime under the Planning Act 2008. It will replace the Infrastructure Planning CommissionInfrastructure Planning Commission
The Infrastructure Planning Commission began operating on 1 October 2009 as the examining and in certain circumstances the decision making body for proposed nationally significant infrastructure projects in England and Wales...
with a Major Infrastructure Planning Unit of the Planning Inspectorate
Planning Inspectorate
The Planning Inspectorate for England and Wales is an executive agency of the Department for Communities and Local Government of the United Kingdom Government. It is responsible for determining final outcomes of planning and enforcement appeals and public examination of local development plans...
, and return decision-making to the Secretary of State. It will also allow the House of Commons to be able to veto National Policy Statements, and makes other changes to the Planning Act regime.
Labour
Labour introduced the Bill that became the Planning Act, although some 60 Labour members signed a Commons Motion opposing plans to set up an independent commission in May 2008.Conservative
The Conservatives were opposed to the Infrastructure Planning Commission while in opposition and are now in the process of replacing it with part of the Planning Inspectorate via the Localism BillLocalism Bill
The Localism Act 2011 is an Act of Parliament that changes the powers of local government in England. The measures affected by the Act include more elected mayors, referendums and a new "general power of competence" which will empower local authorities to do anything which is not...
, which is likely to be implemented in April 2012.
Prime Minister David Cameron
David Cameron
David William Donald Cameron is the current Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service and Leader of the Conservative Party. Cameron represents Witney as its Member of Parliament ....
said before the 2010 election that "This quango is going to be almost entirely divorced from the processes of democracy. That is wrong. People need a planning system in which they feel they have a say – both at national and local level. That is why this Bill is getting such widespread opposition from so many different quarters"
The coalition government have, however, retained the concept of National Policy Statements, the authorisation regime and the Community Infrastructure Levy
Liberal Democrats
The Liberal Democrats were also opposed the Infrastructure Planning Commission. Previously opposed to nuclear power, they are also granted the ability to vote against the nuclear power National Policy Statement when it comes before Parliament.Environmental groups
Friends of the EarthFriends of the Earth
Friends of the Earth International is an international network of environmental organizations in 76 countries.FOEI is assisted by a small secretariat which provides support for the network and its agreed major campaigns...
say that the government must make Climate Change
Climate change
Climate change is a significant and lasting change in the statistical distribution of weather patterns over periods ranging from decades to millions of years. It may be a change in average weather conditions or the distribution of events around that average...
a central consideration in the decision making process.
In November 2007 major environmental groups described the Planning Bill as a 'Developer's charter'
and the head of planning at the RSPB expressed concern saying that although the minister claimed that the bill will help protect the environment that it was more likely to aid developers trying to push through major schemes with scant regard to wildlife and the countryside and could "fast track environmental harm"..
Trade unions and businesses
John Cridland, then Deputy Director-General of the Confederation of British IndustryConfederation of British Industry
The Confederation of British Industry is a British not for profit organisation incorporated by Royal charter which promotes the interests of its members, some 200,000 British businesses, a figure which includes some 80% of FTSE 100 companies and around 50% of FTSE 350 companies.-Role:The CBI works...
supported the bill saying that it was in the national interest and would facilitate the building of infrastructure that will help Britain protect its energy security, build renewable power sources to cut carbon, and invest for the future”.
The Infrastructure Planning Commission (IPC)
The Infrastructure Planning CommissionInfrastructure Planning Commission
The Infrastructure Planning Commission began operating on 1 October 2009 as the examining and in certain circumstances the decision making body for proposed nationally significant infrastructure projects in England and Wales...
was formed on 1 October 2009 with a brief to oversee planning applications for major infrastructure projects (also known as nationally significant infrastructure projects
Nationally significant infrastructure projects
Nationally significant infrastructure projects are major infrastructure developments in England and Wales, such as proposals for power plants, large renewable energy projects, new airports and airport extensions, major road projects etc....
(NSIPs)) such as power stations, roads, railways and airports claiming to cut the time to make a decision from seven years to less than a year and saving the taxpayer £300 million per year.
Applications for large energy and transport projects had to be made to the IPC from 1 March 2010, but by December 2010 only two applications had in fact been made, one of which the IPC refused to accept as inadequately prepared. Despite claims that the general public would be cut out of the authorisation process, over 1000 representations were made on the application that the IPC accepted.
Community Infrastructure Levy
The Community Infrastructure Levy is a form of planning gainPlanning gain
Planning gain refers primarily to the increase in the value of land which results from planning permission being granted for that land. This increase in land value mainly accrues to the owner of the land, but a levy or tax may be applied to divert some of the planning gain to the public sector...
tax, where a proportion of the increase in value on land as a result of planning permission is used to finance the supporting infrastructure, such as schools and will 'unlock housing growth'