Archived decisions

Contact: Les Herbert, ext 6768 email: [email protected]

1. Summary

1.1 The Government has published a number of interlinked documents which respond to the challenges posed by the need for economic prosperity whilst recognising that addressing climate change is necessary by reducing carbon emissions. A draft Climate Change Bill seeks to put in place measures to achieve this. A National Waste Strategy was published in May 2007 which aims to decrease the use of natural resources by reducing landfill, promoting recycling and recovering energy from waste.

1.2 The Government has published for consultation a White Paper proposing reform of the planning system to make it more streamlined and responsive and to remove uncertainties for developers and communities. The Government has also published a White Paper on Energy which is linked to consultations on nuclear power and guidance to local authorities on climate change mitigation and fuel poverty. This paper sets out the main issues covered by the White Papers and provides a commentary to enable the County Council to respond and thereby seek to influence the Government's decisions.

1.3 The planning system is an important mechanism for enhancing quality of place and energy policy is central to tackling climate change and ensuring economic well being. This decision seeks to influence Government policy by submitting Hampshire County Council's views on the Government's proposals for:

(i) National Policy Statements on nationally significant infrastructure;

(ii) an Independent Planning Commission;

(iii) streamlining Government decision making and reducing the number of ministerial decisions;

(iv) enhancing economic focus;

(v) energy strategy to tackle climate change by reducing emissions; and

(vi) providing security of energy supply.

2. Recommendations

2.1 That the County Council responds to the Government's consultation on the Planning White Paper and to the publication of the Energy White Paper on the basis of the commentary in this report.

2.2 That the Cabinet delegates authority to the Director of Environment, in consultation with the Leader, the Executive Member for Environment and the Executive Member for Economic Development, to respond to consultations linked to the White Papers, and to those further consultations scheduled to take place during the summer and autumn.

3. Background

3.1 Following consideration of the Barker Review of land use planning and the Eddington Review of transport, the Government published a White Paper proposing reform of the planning system on 21 May 2007. The Government has asked for comments on this White Paper by 17 August 2007.

3.2 On 23 May 2007 the Government published a White Paper on Energy. No formal consultation has been launched but there are a number of linked consultations.

4. Introduction

4.1 This report summarises the main proposals in the White Papers with a commentary, and proposes responses which seek to influence Government decisions. It does not propose responses on detailed matters which relate directly to the planning procedures followed by District Councils.

4.2 In addition to the two White Papers, the Government has published several linked, but more detailed, consultation documents. There will also be further proposals on related matters which will be published for consultation during the summer and autumn. The combined list of these is:

(i) Planning

(a) Supporting Economic Development

(b) Review of guidance on Town Centres

(c) Reducing the volume of Government guidance

(d) Local Development Plan processes

(e) Planning Performance Agreements

(f) Planning Fees

(g) Improving the appeal process

(h) Changes to Permitted Development rights.

(ii) Energy

(a) Carbon Reduction commitments

(b) Code for Sustainable Homes

(c) Managing Radioactive Waste

(d) Carbon dioxide from cars

(e) The Future of Nuclear Power

(f) Guidance to Local Authorities on climate change mitigation and fuel poverty.

4.3 These consultations are/will be mainly of a detailed technical nature and accordingly it is recommended that the Director be authorised to respond where the interests of the County Council are affected, in consultation with three Members of the Cabinet, within the overall approach set by this decision.

5. The Planning White Paper

National Policy Statements

5.1 The Barker Review recommended that a new system be put in place to consider and determine major infrastructure projects, mindful of the significant timescales which have delayed consideration of projects such as Heathrow Terminal Five, where the public enquiry alone has lasted five years.

5.2 The Government has responded by proposing that projects of national significance in the fields of energy, transport, water and waste would be determined by an independent planning commission, in the context of national policy statements which would establish the national case for such developments over a 10 to 25 year period. This proposal would require primary legislation. The Commission would be able to issue all the necessary consents, including compulsory purchase powers.

5.3 The White Paper gives indicative thresholds for the scale of development that might be considered as `nationally significant'. The White Paper makes it clear that no firm decisions have been made on these thresholds. Applying the indicative thresholds to Hampshire shows, for example, that the Havant Thicket Reservoir proposal would not qualify as being `nationally significant' but a re-emergence of the Dibden Bay Port proposals would.

5.4 The White Paper proposes that the national policy statements would be evidence based, would be preceded by thorough consultation with the public and organisations, would be subject to Parliamentary scrutiny and would be subject to a requirement that Government publish statements on how comments had been taken into account in deciding policy.

5.5 Commentary: If national policy statements are to secure the confidence of stakeholders they must be seen to be genuinely national. Havant Thicket Reservoir is close to the indicative threshold yet it is difficult to see how it might qualify as a nationally significant scheme when considering its impact in terms of national water resources.

5.6 Similarly, the inclusion of wastewater treatment facilities in the indicative list raises the question as to whether individual facilities can ever be regarded as national in importance. The same might be said of energy from waste plants of the size included in the list, as plants of this size may well appear in Waste Development Frameworks prepared by County Councils which clearly deal with local needs.

5.7 A major concern is that there are no proposals for these policy statements to be set within an overarching national strategy which sets out how various competing factors should be balanced. In addition, the national policy statements should be subject to a rigorous examination process in order to test their soundness.

5.8 Government proposes that the national policy statement would be the primary consideration for the proposed infrastructure commission (see below) to take into account. Without rigorous independent examination during the development of the national policy statements, there would seem to be no reason why they should be afforded any more weight than other Government guidance, or indeed a policy in Regional Spatial Strategy or a Local Development Framework.

5.9 There is ambiguity in the White Paper over whether all national policy statements will require a Strategic Environment Assessment (SEA). This is a concern as there are already statutory regulations setting out what Plans and Programmes are exempt. It would be helpful if Government set out where these might not apply, since it is clear from the regulations that in most circumstances an SEA is mandatory.

Infrastructure Planning Commission

5.10 An independent commission is planned to consider and determine proposals for infrastructure of national significance, as defined by the national policy statements. This would replace existing consent regimes. The commission would comprise a number of acknowledged experts, appointed by Ministers and with a security of tenure, ie not removable on the basis of decisions made.

5.11 The commission would be empowered to hold a public examination of proposals, although it is expected that most representations would be made through the submission of written evidence. A public examination could include an `open forum' session to make it easier for lay people to make their views known. A time limit, not expected to exceed nine months, would be imposed for making decisions .

5.12 Commentary: A number of concerns arise from this proposal. There are no details yet on how applications would be made or how much detail of the proposal and the evidence supporting it would be made available to interested parties. In responding to the Barker Review of land use planning, the County Council highlighted the importance of local views being considered and the need for the process to be fair, transparent and even handed. These matters are still of concern. If principal authorities are to fully engage with the process it would be helpful if they were given a defined role, including being given an opportunity to suggest what matters should be considered by the commissioners. Principal authorities can play a key part in championing local interests and should have a right to appear at an examination to present the local interest case.

A New Focus on Economic Development

5.13 The Government proposes to change planning policy guidance to require local planning authorities to place greater emphasis on economic development in policy terms, and when considering planning applications. A detailed consultation will be launched in the summer.

Streamlining and Reducing the Need for Government Decision Making

5.14 The Government has responded positively to the recommendations of the Barker Review in respect of streamlining the consent regimes in Central Government; proposing to eliminate as far as possible decisions which at present are made by more than one Minister; and by reducing substantially decisions taken by Central Government, allowing these to be taken by Local Authorities.

5.15 Commentary: These proposals are to be welcomed and are in line with representations made by Hampshire County Council on the final report of the Barker Review.

6. The Energy White Paper

6.1 The purpose of the Energy White Paper is to set out the Government's strategy to tackle climate change by reducing carbon emissions both within the UK and abroad, and to ensure secure, clean and affordable energy, in the context of the country becoming increasingly dependent on imported fuel. It follows the European Council's agreement in March 2007 to have a common strategy for tackling climate change with a binding target of reducing European greenhouse gas emissions by 20% by 2030.

6.2 Most of the White Paper sets out Government's intentions but there are consultations on a number of matters, some of which are running concurrently.

6.3 Components which will have a direct effect on Hampshire County Council are:

(i) a mandatory `Carbon Reduction Commitment Scheme' for large commercial organisations such as banks, supermarkets and large local authorities. A consultation on specific proposals will follow soon;

(ii) buildings greater than 1,000 square metres occupied by Public Authorities will be required to display a certificate showing the energy rating of the building and the steps that can be taken to improve its energy performance; and

(iii) Central Government will produce Guidance for Local Authorities in England and Wales on Climate Change Mitigation and Fuel Poverty, identifying measures local authorities can take to improve energy efficiency; increase the levels of smallscale energy generation; reduce greenhouse gas emissions and reduce the numbers of households living in fuel poverty.

6.4 Other announcements in the Energy White Paper included:

(i) A consultation on the principle of nuclear power. The Government proposes to make a decision on the future of nuclear power in the UK later this year. The need for this decision is threefold:

(a) existing power stations, both nuclear and fossil fuel, need to be replaced;

(b) climate change is accelerating and carbon emissions need to be reduced; and

(c) the UK is becoming increasingly dependent on imported fuel.

To inform its decision the Government is consulting on a number of issues. It is particularly interested in receiving views associated with the option allowing the private sector to propose and invest in new nuclear power stations, and to manage and dispose of newly generated nuclear waste.

(ii) Local authorities will be encouraged to foster the deployment of combined heat and power with better planning guidance. Planning permission for small-scale energy generation will no longer be necessary from autumn this year and there will be a consultation on setting a mandatory level for the Code for Sustainable Homes.

(iii) A Low Carbon Transport Innovation Strategy, backed by £20 million for public procurement of low carbon vehicles.

There will also be a consultation on doubling energy suppliers' current obligation to deliver energy efficiency measures to customers through a new `Carbon Emission Reduction Target'; a simplification of the energy market and licensing arrangements for localised energy by the end of 2008; legislation to band differentiated financial support to different renewable technologies; and publication of a Biomass Strategy. Details on the competition to build the world's first Carbon Capture and Storage Plant, and legislation to allow the storage of natural gas under the seabed and unloading of Liquefied Natural Gas at sea, were also announced.

6.5 Commentary: The Energy White Paper has accurately identified the current problems, and in broad terms the actions necessary to mitigate future energy problems. Implementation of the strategy is still to be addressed and a significant issue is the need for a rapid change in the skills and resources required in local authorities and other relevant organisations to implement effectively a decentralised and low-carbon energy supply.

6.6 The consultation on the future of nuclear power identifies climate change as a critical challenge for the UK. Hampshire County Council also recognises this challenge. While nuclear power stations provide locally generated, low carbon, energy supplies, allowing the private sector to propose, build and operate new nuclear power stations raises issues related to public acceptability. At present the nuclear industry in the UK is wholly Government owned. Public unease over safety issues around operation, transport of radioactive material and disposal of waste might well be heightened if the private sector became involved. The legacy for future generations will also need to be considered.

7. Conclusion

7.1 This paper enables Cabinet to set the County Council's overall position on the Planning White Paper and the Energy White Paper, which will provide the framework for making responses to the forthcoming linked consultations on more detailed matters, insofar as they affect the interests of the County Council.

1379Rpt/LH