Archived press release

Planning White Paper is legally unworkable

23 October 2007

The Government's White Paper, `Planning for a Sustainable Future,' was criticised as legally unworkable by top barristers today (23 October). Matthew Horton QC and Richard Harwood, who scrutinised the White Paper for Friends of the Earth, found that the proposals would breach UK, European and International law in a number of key areas. Friends of the Earth is calling on the Government to rethink its planning proposals or face the possibility of a legal challenge in the event of them being implemented.

The Government is expected to publish the results of a public consultation on the Planning White Paper within the next few weeks. Over 30,000 people from across the UK have responded to the consultation. It is also likely that the Government will announce a Planning Bill in the Queens Speech on 6th November.

Under the system proposed in the White Paper the Government would issue National Policy Statements which set out policy on key sectors such as energy, air and road transport, ports, water resources and waste. A final decision on whether particular projects get the go ahead would be taken by a newly created body called the Infrastructure Planning Commission (IPC).

The assessment of the White Paper highlighted legal problems in three key areas:

European Law would require a strategic environmental assessment to be carried out on every National Policy Statement. The White Paper suggests that these assessments should only be undertaken in `unusual cases' rather than in every case.

At present the law requires that anyone making decisions on new developments should consider all national and regional policies which relate to that development. However the Planning White Paper limits the issues which the IPC can consider when making a decision on major developments. This approach means the IPC would not be able to take into account other relevant areas of Government policy when making decisions on major infrastructure projects.

Under UK common law and the European Convention on Human Rights anyone directly affected by a new development, for example where their home is subject to a compulsory purchase order, has the right to have their views properly heard before a project is approved. The Planning White Paper proposes to virtually eliminate this right by replacing the current system which allows people to present their case in person and to call witnesses and cross examine opposing witnesses with a short open floor session at the end of the examination.

Friends of the Earth Planning Advisor, Naomi Luhde-Thompson said:

"This legal assessment highlights how ill thought through the Governments planning proposals are. The Government wants to force through major new developments such as airport expansions by limiting the public's involvement in the decision-making. This is not only undemocratic - it is also likely to be illegal."

Matthew Horton QC said:

"I have concerns about a number of areas where the White Paper does not meet the requirements for public involvement or proper scrutiny laid down in law. The Government is leaving itself wide open to legal challenge unless it can address these concerns."

Notes

The Planning White Paper was legally assessed by Matthew Horton QC and Richard Harwood, Barristers and experts in environmental and planning law, public and local government law. They are barristers at 39 Essex Street Chambers.

If you're a journalist looking for press information please contact the Friends of the Earth media team on 020 7566 1649.

Published by Friends of the Earth Trust