Fears Bill will strip residents of right to complain

16 October 2008

An alliance of council leaders, environmentalists and professionals is calling for the removal of Clause 151 from the Planning Bill.

Current proposals would see about 40 to 50 nationally-significant infrastructure projects, including rail links and trunk roads, given the green light by the unelected Infrastructure Planning Commission (IPC), rather than by ministers and Parliament, as is the case at present.

Despite some concessions by the Government – such as the introduction of fresh amendments to allow ministerial intervention in the IPC’s decisions (Surveyor, 26 September 2008) – there are still concerns.

The alliance, which includes the LGA and charity, the Campaign to Protect Rural England, fears that Clause 151 could severely restrict people’s right to complain about noise, pollution or disruption caused by major infrastructure projects.

It says that once projects have been given the go ahead, councils will be unable to act on any complaints from local people, and also that the Government is yet to address wider concerns about the proposed IPC. The Environmental Law Foundation has found the new clause could ‘allow for operators of major infrastructure projects to claim immunity on grounds of statutory authority against prosecution, even when it can be proved they have been negligent.’ It also found the clause would restrict rights to complain and restrict access to justice for disadvantaged communities.

Paul Bettison, chairman of the LGA environment board, said: ‘Councils need to hold construction companies to account to ensure that disruption for local people is kept to a minimum. Despite some moves in the right direction, this clause still leaves councils hamstrung.’ The Bill is currently being debated at the House of Lords.

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