Amendments made to 'local finance' provisions in the Localism Bill

The amendment, tabled by Baroness Hanham, is to Clause 130 of the Localism Bill, adding a new consideration to make "any local finance considerations" material to a planning  application.

It is hoped that the amendment will  ease any fears that the inclusion of financial incentives as a material consideration in determining planning applications will effectively result in permission being bought.

Baroness Hanham said that the amendment would not alter "whether under Subsection (2) of Section 70 of the Town and Country Planning Act 1990 (TCPA) regard is to be had to any particular consideration", or "the weight to be given to any consideration to which regard is had under that subsection".

The revised clause would replace Section 70 of the TCPA, which contains the general considerations that are to be taken into account when determining any application for planning permission.

The original clause in the Bill attracted criticism from opponents who feared that if local financial incentives could carry weight in deciding planning applications, it could mean that the financial benefits would outweigh other concerns, such as environmental matters.

The Royal Town Planning Institute (RTPI) and National Trust, amongst others, argued that the clause effectively meant that planning permission could be bought.

Earl Attlee provided comprehensive advice during the debate, which is set out in the parliamentary record in a bid to make it difficult to apply financial considerations as a material consideration in any other way than set out in the Bill.

Lord Attlee asserted that objectors' comments are based on a "false premise about the effect of the clause ...I can categorically confirm that the Government is in no doubt that the clause as drafted does not represent any change in the current law whatever".

He went on further to state that "It is declaratory of the current law, which is that where local financial considerations are material to a planning application they should be taken into account in the determination of that planning application."