Examination of witnesses (Questions 340
- 346)
WEDNESDAY 5 APRIL 2000
MR TONY
BURTON and MR
NEIL SINDEN
Christine Butler
340. Is there too much stress on the local base?
People feed into the regional planning guidance and all the local
authorities are represented in some way to formulate policies
for the regional planning guidance and then that goes to higher
scrutiny, as it were. Are you saying that in that process there
ought to be more expertise and more evidence coming forward than
that which is already taken for granted?
(Mr Burton) We are all responding to the growing importance
of regionalism and regional structures are maturing from a very
low base on many issues, so it is not surprising that we are there
at the moment. What will be important however is the extent to
which decisions made at the regional level are going to pre-empt
decisions further down the planning pipeline, for example the
allocation of housing numbers or minerals.
Chairman: Can we move on now. Hilary Benn?
Mr Benn
341. On that last point, is it realistic to
hope that there will be fewer appeals when the Human Rights Act
is coming on-stream which will open up potentially new rights
of appeal which we do not yet fully understand?
(Mr Burton) As I said at the beginning, we watch with
interest the unfolding debate on the Human Rights Act. Certainly
I can see it may be running in a contrary direction. What is important
is that the public have confidence that the planning system is
arriving at decisions which they invested time and effort in getting
through the development plan system. If they continually find
after looking at the issues in the round when plans are drawn
up that the agreed strategy is being overturned, then that is
the fastest route to public disillusionment with the process.
Down that route lies all sorts of problems.
342. You expressed concern in your evidence
about the deterrent effect that the award of costs has on local
authorities in reaching decisions that they think are right. Do
you think there is a case for scrapping the award of costs against
local authorities? Are you sufficiently worried about that deterrent
effect?
(Mr Burton) We are very worried by the effect.
343. What is the solution other than scrapping
it?
(Mr Burton) That awards of costs are not awarded other
than on procedural grounds. We should take the policy justification
for award of costs out of the equation. It is only if, manifestly,
you have not turned up or you have not written in or you have
delayed the process that the award of costs should be granted.
There is still too much policy content in there. It needs a fundamental
overhaul of the award of costs circular to remove this often very
hidden threat, this frequently unwritten threat, which is given
to particular councillors.
Chairman
344. Is that not a question of doing something
to limit the cowardice that councillors can demonstrate? If you
are faced with something in your ward which is going to be singularly
unpopular, even if it is in the Structure Plan, everybody agrees
you need it, is it not much easier to simply say "No",
you know there is going to be an appeal and that it is going to
be granted on appeal but you do not take the blame for it as a
ward councillor, you can blame the Secretary of State or the Planning
Inspectorate?
(Mr Burton) Those are genuine issues within the system
at the moment but the way the system is working is that for each
one of those cases there are many other cases where we feel the
due process is being distorted and the wrong decision and the
wrong approach is being taken.
345. Is it not really the planning officers
saying to the councillors "Look you have got to bite the
bullet and take these unpopular decisions"?
(Mr Burton) But then their legal advisers will give
precisely different advice.
346. One last question, if there needs to be
more money spent on the planning system should it go to better
pay for planning inspectors or should it go in other ways?
(Mr Burton) I listened to that discussion earlier
with interest. There are a lot of places where the planning system
needs additional resources, I am not going to choose between the
Inspectorate's wage packets and the need for stronger regional
policy mechanisms, or others. The planning system is fundamentally
under-resourced. Its importance to society is under recognised
and that needs to be reflected in the outcome of the current Spending
Review.
Chairman: You need to send that round to each
inquiry where you appear. On that note, can I thank you very much.
| 
