Background
29.At present development consent for nationally significant infrastructure projects is provided for in various pieces of legislation. Decisions on airports are taken under the town and country planning system, but there are special statutory regimes for particular types of infrastructure, such as power stations and electricity lines, some gas supply infrastructure, pipe-lines, ports (where development extends beyond the shoreline), roads and railways. Except in the case of airports (where applications are made to the local planning authority), applications for the necessary permissions and powers must be made to the relevant Minister.
30.The procedures for determining applications vary, but a local public inquiry is generally conducted by a planning inspector who examines the project in detail and considers objections. Evidence is typically tested by the cross-examination of witnesses. The inspector then writes a report including recommendations which he submits to the Minister. She considers the report and decides whether the project should be granted the consents and powers needed to allow it to proceed. In doing this the Minister must have regard to relevant Government policies. It is Government policy that powers to compulsorily acquire land should be granted only where there is a compelling need in the public interest. The legislation provides very little scope for Parliament to be involved in examining applications.
31.In 2006 the Government commissioned Kate Barker to consider how planning policy and procedures could better deliver economic growth and prosperity in a way that is integrated with other sustainable development goals. The Government also asked Sir Rod Eddington, who had been commissioned to advise on the long-term links between transport and the UK’s economic productivity, growth and stability, to examine how delivery mechanisms for transport infrastructure might be improved within the context of the Government’s commitment to sustainable development.
32.Sir Rod Eddington and Kate Barker published their findings in December 2006 (see The Eddington Transport Study and Review of Land Use Planning, HMSO). On 21 May 2007 the Government published its response; the White Paper, Planning for a Sustainable Future, Cm 7120, and consulted on the proposals for 12 weeks. The White Paper set out proposals to reform the regime for development consent for nationally significant infrastructure, and other measures to change the town and country planning system.
33.Following assessment of consultation responses, the Planning Act will implement proposals in the Planning White Paper to amend the planning regime, including introducing a single consent regime for major infrastructure projects, establishing an independent Infrastructure Planning Commission and making changes to the town and country planning system.