Planning Act Blog 189: Localism Bill Delay, But Here Are Its Likely Contents

The Planning Act 2008 is one of the most important pieces of legislation affecting major infrastructure projects for many years. The same new procedure will be available for new nuclear power stations, onshore and offshore windfarms, railways, motorways, electricity pylons, and many more high-profile projects.

This is entry number 189, first published on 22 November 2010, of a blog on the implementation of the Planning Act 2008. Click here for a link to the whole blog. If you would like to be notified when the blog is updated, with links sent by email, click here.

Today's entry reports on delays to the 'imminent' Localism Bill and its likely contents.

The Localism Bill was widely expected to be published today, partly aided by a declaration by Greg Clark MP in a speech on Thursday that it was 'imminent'. Now it seems it may be delayed for a further two or even three weeks.

The official reason for the delay is 'Parliamentary congestion', which is not a seasonal virus but the fact that time on the floor of either House for the Bill to be considered is difficult to find. Unofficially, it is believed to be wrangling over some of the Bill's contents, notably what powers will be given to directly elected mayors outside London (see below).

Undaunted by this news, I have harvested the hints and speculation and bring you what the Bill is likely to contain - and not to contain. The Bill is expected to be some 300 clauses long and cover a disparate assortment of changes to planning and local government.

Infrastructure planning

One of the main jobs of the Localism Bill will be to amend the regime for authorising nationally significant infrastructure projects (NSIPs) introduced by the Planning Act 2008 - hence its relevance here. The Bill will amend the Planning Act rather than replace it (something of a relief given the name of this blog).

It is likely to amend the Planning Act to require National Policy Statements (NPSs) to be approved by a vote in Parliament. This was a pledge of the Conservatives before the election, but is only referred to obliquely in the Coalition Agreement when setting out the Lib Dems' dispensations on nuclear power.

It is likely to amend references to the Infrastructure Planning Commission (IPC) to refer instead to the Planning Inspectorate (or the Major Infrastructure Planning Unit of it), which will take over consideration of NSIPs from April 2012. MIPU will examine applications but decisions will be made by the government...