Blair to take back Assembly Planning Powers?

Friends of the Earth Cymru has today written to the Welsh Assembly Government asking for assurances that the National Assembly will not have its planning powers over major developments taken away by the UK Parliament [1].

Major developments would include such things as reservoirs, opencast mines, quarries, major roads, airports, nuclear power stations, wind-farms and chemical installations.

The group's concern comes after Lord Falconer, UK Minister for Planning, addressed a House of Commons Select Committee yesterday (Tuesday 7 May) about his proposals for Parliament to take decisions on major infrastructure developments. On more than one occasion, Lord Falconer said that the plans would apply to England and Wales [2] [3]. This is despite the fact that UK Government consultation papers on the issue said that it would apply to England only [4].

Friends of the Earth has opposed the Government's plans for England because they would take away people's rights to question the principle of, need for or location of a major development at a Public Inquiry. Lord Falconer's comments, says the group, could mean that the proposals, described by FOE as "a threat to democracy and civil rights" are on their way to Wales.

This could mean a serious showdown between a UK Government which wants to control major developments across the UK through whipped Parliamentary votes and the National Assembly which wants more powers.

Julian Rosser, Head of Campaigns for FOE Cymru commented:

"This is very serious news. We hadn't been sure if these proposals would impact on Wales. Lord Falconer seems to have just revealed that they will. This could mean an astonishing attempt by the Labour Government to take back powers which were given to the Assembly a few years ago.

"We've just heard about plans to flood the Elan Valley for a massive reservoir in mid Wales. Reservoirs are particularly mentioned in the Government consultation. This seems like a very insensitive time for Lord Falconer to suggest that a Parliament which does the UK Government's bidding is the right place to make decisions on major developments in Wales.

"We shall be working to oppose destructive plans to flood the Elan Valley and we shall be working to fight off any attempts the Government makes to take powers away from the people of Wales. We hope that the Assembly is also planning to stand up for its rights to make decisions on these major issues."

Notes

1. Letter from FOE Cymru to Assembly Environment Minister Sue Essex, below.

2. Lord Falconer: "...what we are talking about is proposals for major infrastructure projects in England and Wales which would otherwise get caught by normal planning law." Uncorrected transcript of evidence given to House of Commons Procedures Committee, 7 May 2002 (paragraph 14).

3. Lord Falconer: "This procedure is envisaged only to apply to England, it is not envisaged to apply to either Northern Ireland or Scotland. It is an English..."
Chairman: "England and Wales?"
Lord Falconer: "England and Wales, yes. " (As above, paras 4 -5).

4. "The proposals apply to England only", New Parliamentary procedures for processing major infrastructure projects, DTLR, December 2001, paragraph 2.

Sue Essex
Minister for the Environment, Transport & Planning
National Assembly for Wales
Cardiff Bay
Cardiff
CF99 1NA

8 May 2002

Dear Sue

I am writing to seek clarification of the Assembly's position regarding planning for Major Infrastructure Projects (MIPs).

On 20 July 2001 the Secretary of State for Transport, Local Government and the Regions announced plans to "speed up" decisions on major projects such as major roads, quarries, opencast mines, nuclear power stations and ports.

You will be aware that Friends of the Earth has expressed grave reservations about the fairness and openness of such plans. We are concerned that the UK Government is preparing to remove people's rights to engage with the planning process on MIPs in a meaningful way. The plans would mean that local people would not have the right, at a Public Inquiry, to challenge the principle, need for or location of major developments which would affect them.

In December 2001 the Department for Transport, Local Government and the Regions issued a consultation paper on MIPs making clear that the proposals "apply to England only". Your own consultation paper Planning: Delivering for Wales, issued in January of this year, says that "consideration will be given to the most effective way to consult in Wales" on MIPs

However, when giving evidence to the House of Commons Procedures Committee yesterday, Lord Falconer, the UK Government Minister responsible for Planning, referred more than once to his proposals for MIPs applying "in England and Wales".

We would be very grateful for your assurances as to how this is likely to affect Wales and the powers of the National Assembly. I should specifically like to know:

1. What plans you have to consult on MIPs in Wales.
2. What impact the UK Government's proposals for MIPs will have on Wales.
3. Whether the UK Government's proposals would remove planning powers that are currently held by the National Assembly for Wales.

Given recent reports of plans to create a huge reservoir in the Elan Valley in mid Wales you will understand that we are concerned about who will be taking decisions regarding the planning of major projects in Wales.

We will be studying your own evidence to the Procedure Committee which was given today and will be contacting you shortly with regard to that evidence. In the meantime we would like to arrange a substantive meeting with you to discuss the issues raised above and those following from your own evidence.

I look forward to a reply at your earliest convenience.

Yours sincerely

Julian Rosser
Head of Campaigns & Development