1 Introduction
Our inquiry
1. Every day in the UK about 347,000 kilometres of
sewers collect over 11 billion litres of waste water which is
treated at around 9,000 sewage treatment works before being discharged
to inland waters and the sea.[1]
On 16 November 2010, the Department for Environment, Food and
Rural Affairs (Defra) published for consultation and parliamentary
scrutiny its proposals for a Waste Water National Policy Statement
(NPS) which sets out Government policy for the provision of major
waste water infrastructure.[2]
It includes information on two waste water projects—the
proposed replacement of the Deephams Sewage Treatment Works in
North East London and the proposed Thames Tunnel which would transfer
waste water from West London to Beckton Sewage Treatment Works
in East London. On 18 November, under the provisions of Standing
Order No. 152 H, the Liaison Committee designated the EFRA Committee
to consider the proposals.[3]
On the same day we announced our inquiry.[4]
We received 12 written submissions and in addition received the
38 responses to Defra's public consultation.[5]
We took oral evidence from Ofwat, the Environment Agency, Thames
Water Plc, London Councils and the Greater London Authority and
from Richard Benyon MP, Parliamentary Under-Secretary for Natural
Environment and Fisheries at Defra.[6]
We are grateful to all who gave us evidence in writing or in person.
2. Under the terms of Section 5 (4) of the Planning
Act 2008, the Secretary of State is required to comply with certain
requirements concerning consultation with Parliament (set out
in Section 9 of the Act) before a proposed National Policy Statement
can be 'designated'.[7]
The terms of Standing Order 152 H require the Liaison Committee
to decide which Select Committee is to be designated to undertake
the parliamentary scrutiny in the Commons (or it can recommend
the establishment of an ad hoc committee for the purpose). Under
paragraph 5 of the Standing Order the Committee so designated
is required to report 39 days before the end of the period of
consultation specified by the Secretary of State when presenting
the proposed NPS to Parliament.[8]
3. This Report forms part of that parliamentary scrutiny
in the Commons. Our recommendations will inform Defra's preparation
of a final NPS and provide a detailed basis for any further debate
in the House of Commons.
Reform of the planning system
4. The Planning Act 2008 introduced a new system
for issuing planning consent for large, nationally significant
projects to avoid the delays that occurred in determining applications
for projects such as the Sizewell B nuclear power station and
Heathrow Airport Terminal 5. The Infrastructure Planning Commission
(IPC) was established to make decisions on such projects, known
as Nationally Significant Infrastructure Projects (NSIPs),[9]
guided by National Policy Statements which would provide clarity
on the issues the IPC should take into account when considering
planning applications. The NPSs are intended to set out national
policy on key strategic planning topics, in this case on waste
water policy, and to provide certainty for potential investors
in infrastructure about the long-term policy environment. The
draft Waste Water NPS states that:
NPSs are the primary consideration for the IPC
when it makes decisions on applications for development consent
for nationally significant infrastructure, and will set the framework
within which the IPC will make its decisions. NPSs will bring
together a range of social, environmental and economic policies
with the objective of contributing to the achievement of sustainable
development. They cover the need for new or expanded infrastructure,
locational considerations, how impacts are to be assessed and
weighed against benefits, and the mitigation of impacts.[10]
5. Under the Planning Act, the Secretary of State
remains the decision maker until the NPS is designated, after
which the IPC will make the final decision on applications. However,
the provisions of the Localism Bill, currently before Parliament,
would abolish the IPC and decisions would then be taken by the
relevant Secretary of State, with advice from a new Major Infrastructure
Planning Unit (MIPU) within the Department for Communities and
Local Government.[11]
For planning applications covered by this NPS, decisions will
be made jointly by the Secretary of State for the Environment,
Food and Rural Affairs and the Secretary of State for Communities
and Local Government.[12]
Under the Localism Bill's provisions, NPSs will be retained in
much the same form as set out in the Planning Act and provide
the framework for decision making.[13]
6. Before an NPS can be used to guide the determination
of planning applications, it must be 'designated' by the Secretary
of State. In addition to the parliamentary process described above,
the Planning Act 2008 requires each NPS to be subject to public
consultation,[14] and
an Appraisal of Sustainability,[15]
before it can be designated.[16]
1 Defra, Sewage Treatment in the UK: UK Implementation
of the EC Urban Waste Water Treatment Directive, 2002,
p 1. Back
2
Defra, National Policy Statement for Waste Water: A framework
document for planning decisions on nationally significant waste
water infrastructure, November 2010. Referred to in this report
as the draft NPS. This document was published for consultation
alongside an Appraisal of Sustainability, a Consultation Stage
Impact Assessment, an Appropriate Assessment under the Habitats
Regulations and an Equality Impact Assessment. Back
3
See Votes and Proceedings of the House of Commons,18 November
2010, item 7. Back
4
Terms of reference can be found in the Committee's press statement
at www.parliament.uk/efracom Back
5
Defra, Consultation on a Draft National Policy Statement for
Waste Water, November 2010. Referred to in this Report as
the consultation document. Defra's consultation ran for 14 weeks
from 16 November 2010 to 22 February 2011. Full details of the
consultation are on Defra's website at www.defra.gov.uk Back
6
Mr Benyon was accompanied by John Bourne, Deputy Director for
Water Supply, and Andrea Marston, Head of Thames Tunnel Project
Team, Defra. Back
7
Clause 109 of the Localism Bill currently before the House will
alter these arrangements. Back
8
The specified period for the draft Waste Water NPS ends on 17
May 2011. Back
9
Planning Act 2008, Section1. Back
10
NPS consultation document, p 11, para 4.1. Back
11
NPS consultation document , p 8, para 2.1. Back
12
Department for Communities and Local Government, Major Infrastructure
Planning Reform, December 2010, p 5. Back
13
As above, p 3. Back
14
Planning Act 2008, Section 7. Back
15
The Appraisal of Sustainability process is not defined by legislation
but is guided by the principles of Strategic Environmental Assessment
(SEA). Defra conducted this alongside preparation of the draft
NPS so that it could be informed by the Appraisal. Back
16
Planning Act 2008, Section 5 (3). Back
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