Archived press release

Queen's Speech: Climate law needs strengthening, planning law needs rethink

5 November 2007

Queen's Speech 2007:

• Climate bill welcomed - but must be strengthened
• Plans to reform planning system may be unlawful

The expected inclusion of a climate change bill in Tuesday's Queens Speech has been welcomed by Friends of the Earth. But the environmental campaign group is urging the Prime Minister, Gordon Brown, to strengthen the proposed new law to ensure that Britain plays a leading role in tackling global warming. Friends of the Earth has led the campaign for a new law to cut UK carbon dioxide emissions through The Big Ask climate campaign [1].

Friends of the Earth director, Tony Juniper said:
"We're delighted that the UK is set to become the first nation to introduce legislation to cut its contribution to climate change. But the Government must strengthen its proposed legislation if it is to be truly effective and deliver the scale of action that scientists are now calling for. This means setting annual milestones that will deliver at least an 80 per cent cut in carbon dioxide emissions by 2050, and including Britain's share of emissions from international aviation and shipping. If Gordon Brown toughens up this legislation, his visions of becoming a world-leader in developing a low carbon future can become a reality."

Friends of the Earth is also deeply concerned over the expected contents of a new planning bill, which is also expected to be trailed in the Queen's Speech, and warns that according to recent legal advice, government plans may be unlawful.

Friends of the Earth's Planning coordinator, Naomi Luhde Thompson said:
"Government plans to overhaul the planning system are bad news for democracy and bad news for the environment.  Its proposals will strip away one of the public's key democratic rights to have a say on how their area is developed, easing the way for a whole range of climate-damaging developments. These proposals are undemocratic, environmentally-damaging and - according to recent legal advice â€" likely to be unlawful."

"It is particularly disingenuous for the Government to use climate change as an excuse to push through these changes. In reality the majority of the projects that will be given the green light under the new system, from motorway widening-schemes to new airport runways, will lead to an increase in carbon dioxide emissions. We are completely behind the development of new renewable energy sources, but stripping away peoples democratic right to have their say is the wrong way to go about it."

Climate change bill

Last week (Monday 29 October) the Government revealed the contents of its climate change bill, which is expected to be put before Parliament later this month [2]

Friends of the Earth says that the law should be strengthened:

• The bill should aim to cut UK carbon dioxide emissions by at least 80 per cent by 2050 (based on 1990 figures), rather than 60 per cent. This is the scale of cut that climate scientists say is required. Although the Government is reassessing this target it is not expected fix a new figure for two years and will continue to use the inadequate 60 per cent target figure in the interim period. This is particularly important as the Climate Change Committee will calculate the UK's carbon budget for the first three budget periods on this figure.

• The UK's share of international aviation and shipping emissions should also be included from the outset.

• The bill should require annual milestones, in addition to the five year budgets that the Government is planning, to ensure that UK carbon dioxide of at least three per cent every year. This would ensure that the UK is kept on course for meeting an 80 per cent cut.

A New Planning Law

The Government will announce a Planning Reform Bill in the Queen's Speech. This will introduce controversial major changes to the planning system that will stop people having a say on developments in their area, and make it easier for environmentally-destructive, climate-damaging proposals to get the green light.  And according to a legal opinion obtained by Friends of the Earth, the Government proposals may be unlawful [3].

Under the new system outlined in the Planning White Paper the Government would issue National Policy Statements, some of which would identify major site specific developments including new airport runways, motorway widening schemes and new nuclear power stations which are considered to be in the national interest. 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).

Friends of the Earth is concerned that these changes will effectively remove people's right to a say on how their area is developed - allowing developers to push through major projects which could have a catastrophic impact on communities, the countryside and the wider environment.

Under the new system:

• People's right to have their views heard at public inquiry will be virtually eliminated â€" the current system which allows people to present their case in person and to call witnesses and cross examine opposing witnesses will be replaced with a short open floor session at the end of the examination.
• Decisions on major development projects will be taken out of the hands of accountable politicians and handed over to the unelected, unaccountable Infrastructure Planning Commission.

The proposed changes fall foul of UK and European Law. A recent legal assessment of the Planning White Paper by two top barristers found that the Government's proposed changes would breach UK, European and International law in a number of key areas. This included the right under UK common law and the European Convention on Human Rights for anyone directly affected by a new development, for example where their home is subject to a compulsory purchase order, to have their views properly heard before a project is approved. The Government is leaving itself wide open to legal challenge unless it can address these legal concerns.

While the Government argues the new planning system will help in the fight against climate change the opposite is true. Many of the new projects which will be fast tracked as a result of the changes â€" including airport and motorway expansions â€" will lead to an increase in carbon emissions. 

Friends of the Earth is calling on the Government to rethink the Planning White Paper and introduce a planning system which allows people a real and meaningful say in how their area is developed.

1. Friends of the Earth has led the campaign for the introduction of a strong climate change law through The Big Ask (www.thebigask.com). The campaign, which was launched in May 2005 by Radiohead's Thom Yorke, is calling for the introduction of a law that commits the UK to cutting its emissions by at least 3 percent a year - equivalent to at least 80 percent by 2050 - and which covers emissions from all sectors, including international shipping and aviation. A huge coalition of organisations and MPs has now joined the call for a strong law.

Notes

1. A brief history of the campaign for a Climate Change Bill (PDF† )

2. www.foe.co.uk/resource/press_releases/ ¬
climate_change_bill_friend_29102007.html

3. www.foe.co.uk/resource/press_releases/ ¬
planning_white_paper_is_le_22102007.html

†To view PDF files you will need to download Adobe Acrobat Reader. Visually impaired users can get extra help with these documents from access.adobe.com.

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