Streamlined planning process ‘would face legal challenge’

 
Government plans to create a new infrastructure planning commission to speed up the delivery of strategic road and rail projects would be legally unworkable, it was claimed this week.

The planning White Paper proposals to streamline decisions on major projects by creating a new ‘infrastructure planning commission’ to decide on schemes, taking into account government national policy statements, were ‘wide open to legal challenge,’ Matthew Horton QC said.

The legal advice stated that virtually eliminating residents’ right to raise objections went against UK common law and the European Convention on Human Rights. Horton, who prepared the advice for Friends of the Earth, said the proposals ‘do not meet the requirements for public involvement or proper scrutiny laid down in law’.

Those directly affected by developments would no longer be able to present their case to an inquiry. Also, the proposals did not appear to comply with the legal requirement for decisions on new developments to involve consideration of all national and regional policies.

Friends of the Earth planning adviser, Naomi Luhde-Thompson, said: ‘This legal assessment highlights how ill-thought through the planning White Paper is. Forcing through major new developments is not only undemocratic – it is likely to be illegal.’

Local planning authorities have expressed concerns over the accountability of the proposed infrastructure planning commission.

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