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Lord Bassam of Brighton: My Lords, it is an interesting group of amendments. It contains amendments which would achieve slightly different outcomes. I can understand why the issue is important for London, but there have been some fundamental
misunderstandings and perhaps some confusion too about how the system will work. I am pleased in the first instance, however, that the noble Baroness, Lady Hamwee, appears to agree that the Mayor's spatial development strategy should be part of the development plan. That is an important point of principle. Making the plan that sets the strategic planning framework for the region a part of the development plan is an essential part of affirming its status and reduces uncertainty and ambiguity. That applies just as much to the London Plan as it does to the regional spatial strategies in other parts of the country.However, I am disappointed that the noble Baroness believes that the recently published London Plan should not be part of the development plan. If it is right that future versions of the London Plan should be part of the development plan, I cannot see quite why the current published plan should not be as well. Making the London Plan part of the development plan is not a proposal that we have suddenly sprung on everybody. After all, the Bill was introduced on 4 December 2002. We wrote to the London boroughs in January of last year, before the examination in public of the draft plan, to draw their attention to that. The practical consequences of making the London Plan part of the development plan will be limited. We can perhaps discuss that in greater detail later on.
I do not accept that the boroughs would have made significantly different representations on the draft London Plan even if they had known from the beginning that it would be part of the development plan. I do not accept the view that the current London Plan contains too much detail to be a strategic development plan. Where the panel report concluded that policies were insufficiently strategic, that was taken into account in a final version of the plan, but there is absolutely no reason why the London Plan should not contain strategic development control policies. After all, London has a history of detailed strategic guidance; for example, the regional planning guidance on strategic views in the capital and on the River Thames. That reflects the particularly close interdependencies of a city compared to a much larger region. The Mayor of London is charged with preparing eight statutory strategies that must be consistent one with another. That necessarily means that the London Plan should contain a substantial number of policies. It does not mean—as has been borne out by examination in public—that they are not appropriate for the strategic development plan in London.
Amendment No. 110A would mean that the Mayor's London Plan would never become part of the development plan. As the noble Baroness, Lady Hanham, explained, we have had a two-tier development plan in all other parts of the country in the form of county structure plans and local plans. From what I have heard, noble Lords opposite have not been enthusiastic supporters of changing those arrangements and have made common cause in arguing for a retained, strengthened position for the
counties. I can understand their political stance on that issue, but I am not quite so clear why they should object to a two-tier development plan in London, but not elsewhere. The noble Baroness said that there did not need to be consistency, but consistency is an important element of the argument and the approach—
Baroness Hanham: My Lords, will the Minister accept that the difference between the London Plan and the regional spatial strategies is that the London development plan was consulted on and went through all its processes long before the Bill was promulgated? The London Plan has been drawn up against a completely different background. The consultation with the London boroughs was carried out against the background of the Greater London Authority Act 1999 and not against that of the Planning and Compensation Act 1991. There is a difference. The London boroughs had drawn up their unitary development plans. Consultation took place against that background and not against that of the London development framework.
Lord Bassam of Brighton: Yes, my Lords, I accept that point. I think that I made it at the outset and explained that the Bill had been with us for some time. We consulted on it and published a Green Paper. It was understood where we were coming from in bringing the legislation forward. It is not a great shock.
Baroness Hanham: My Lords, the Minister misunderstands me. The London development plan was consulted on well in advance of the Bill being put forward. Perhaps the Minister did not misunderstand me.
Lord Bassam of Brighton: Yes, my Lords, I understand the point. I accept, too, that London is different from other regions, but not in its need for a strategic planning framework with development plan status. I hope that we could all accept that that was an essential building block of any sensible regional strategic planning system.
It is perhaps the case that concern lies more with the practical consequences. That seems to be the issue which the noble Baroness has raised more recently, but it should not prevent us from making progress with that important move.
The concerns that have been expressed are not well founded. By making the London Plan part of the development plan, we are increasing clarity and reducing ambiguity. Ultimately, we are not fundamentally altering the existing relationship between it and unitary development plans. The practical consequences of the change will be limited.
It is perhaps worth reminding the House that, under the provisions of the Greater London Authority Act 1999, borough unitary development plans must already be in general conformity with the London Plan. If the Mayor considers that the unitary development plan is not in general conformity with the published London Plan, he will provide a written
opinion that will set out the respects in which the plan is not in such conformity. That will be treated as a duly made objection. That is very similar to the arrangements included in Clause 24.I turn to the arrangements for planning applications. Under the current arrangements, the London Plan can still be a "material consideration" when a London borough considers a planning application. The weight given to the policies in the London Plan will in some cases be significant. Making the London Plan part of the development plan does not mean that boroughs will be suddenly faced with a different set of issues to consider when dealing with planning applications. The same basic principles still apply.
The Mayor already has the power to direct the refusal of a planning application of potential strategic importance, if he considers that to grant permission would be contrary to the London Plan or prejudicial to its implementation. I wonder whether the objection to making the London Plan part of the development plan may be less one of principle or even practicality and more of—dare I mention it?—politics. If so, it is no good reason to amend the Bill in that regard.
A democratically elected Mayor for London has produced the London Plan following extensive consultation and an examination in public. Our view is that London needs a spatial framework. It is absolutely right that it should have development plan status. For those reasons, I urge the noble Baroness to withdraw her amendment.
5 p.m.
Baroness Hamwee: My Lords, that was interesting indeed. I shall answer the last point first. The examples that I was given—there were more than the one that I cited—and the work in briefing both the noble Baroness and myself were led by a borough under the control of the same party as the Mayor. We are not talking party politics; Camden is a Labour borough and the Mayor is a member of the Labour Party. It is perfectly obvious to any observer that there is considerable discussion between him and members of the Labour Party about what goes on in London. No one is playing politics. I have been told that boroughs understood from the Office of the Deputy Prime Minister that the Bill would not alter the relationship between them and the Mayor. They may have been wrongly informed or misunderstood, but they worked on that basis.
As the Minister said, the GLA Act allows the Mayor to make objections to unitary development plans, which he said was not very different from the clause. Clause 38(5) is quite different, stating that, if there is a conflict, it,
- "must be resolved in favour of the policy . . . in the last document to be adopted, approved or published".
The matter between us is whether it is the current London Plan or the next version that will kick in. The practical consequences are important. I am pulled in two directions over such an issue. In my role as a Member of the London Assembly, I do not regard it as axiomatic or automatic that I should oppose the Mayor in everything that he does. I cannot separate the different bits of my political life, but I regard the role of the Assembly as one of constructive criticism. I want to see planning in London work well, effectively, and not so confusingly that developers can run rings round the planning authorities by pointing out differences between documents and saying, "You've got it wrong. We're able to go in the direction that we want".
I take what the boroughs of all three political complexions have said to me on the matter. Unless their fears were well founded, why would they make the points that they have made? I would like to test the opinion of the House.
5.4 p.m.
On Question, Whether the said amendment (No. 108) shall be agreed to?
Their Lordships divided: Contents, 137; Not-Contents, 131.
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